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61st  Congress  \ 
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f Document 
\^^P:'|;gno;357 


TREATIES,  CONVENTIONS, 
INTERNATIONAL  ACTS, 
PROTOCOLS  AND  AGREEMENTS 

BETWEEN 

THE  UNITED  STATES  OF  AMERICA 
AND  OTHER  POWERS 


1776-1909 


COMPILED  BY  WILUAM  M.  MALLOY 
UNDER  RESOLUTION  OF  THE  SENATE  OF  JANUARY  18,  1909 
(RES.  No.  252,  SIXTIETH  CONGRESS,  SECOND  SESSION) 

)/ 

1)  ‘S  . TVeaTic  j . 


IN  TWO  VOLUMES 

VOLUME  I 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 
1910 


PREFACE. 


This  compilation  was  prepared  under  the  direction  of  the  Committee 
on  Foreign  Relations,  United  States  Senate,  pursuant  to  the  resolu- 
tion of  the  Senate  of  Januaiy  18,  1909  (S.  Res.  252,  60th  Cong.,  2d 
sess.),  and  contains  treaties,  conventions,  international  acts,  important 
protocols  and  agreements  by  exchange  of  notes,  whether  in  force  or 
not,  to  which  the  United  States  has  been  a party  from  1776  to  and 
including  the  year  1909,  together  with  other  material  pertaining 
to  treaties,  such  as  awards,  a reference  to  every  decision  of  the  federal 
courts  affecting  treaties,  a chronological  list  of  treaties  by  countries, 
etc.  Treaties  and  conventions  that  have  become  partially  or  com- 
pletely abrogated,  or  suspended,  are  so  indicated  by  a footnote  at  the 
beginning  of  such  treaties  and  conventions.  Those  treaties  or  con- 
ventions, however,  that  from  their  nature  have  manifestly  served  the 
purpose  for  which  they  were  concluded,  such  as  those  relating  to 
claims,  cession  of  territory,  or  which  have  expired  by  their  own  limi- 
tation, are  not  so  indicated. 

The  conventions  negotiated  at  the  Second  Conference  of  Peace  held 
at  The  Hague  during  the  year  1907,  although  not  proclaimed  until 
February  28,  1910,  are  included  in  the  compilation,  as  the  Senate  had 
duly  ratified  them  and  the  proclamations  thereof  by  the  President  were 
waiting  only  the  receipt  from  the  Netherlands  Government  of  the 
usual  process  of  ratifications  showing  the  states  which  deposited 
ratifications. 

The  United  States  was  not  a signatory  party  to  the  conventions  con- 
cluded at  the  Central  American  Peace  Conference,  held  at  Washing- 
ton in  1907,  but  as  the  conference  met  on  the  initiative  of  the  Presi- 
dents of  the  United  States  of  America  and  the  United  States  of 
Mexico,  and  the  treaties  were  concluded  under  the  auspices  of  those 
two  States,  represented  respectively  in  said  conference  by  Mr.  Wil- 
liam I.  Buchanan  and  Ambassador  Don  Enrique  Creel,  who  were 
invited  to  be  present  at  all  the  deliberations  of  the  conference,  the 
treaties  referred  to  are  included  at  the  end  of  Volume  11  of  this 
compilation. 

The  Department  of  State  cooperated  with  the  compiler  in  the  prepa- 
ration of  this  compilation,  and  the  texts  of  all  international  arrange- 
ments to  which  the  United  States  is  a party,  as  well  as  all  material 
data  in  reference  to  changes  in,  abrogations  of,  or  adherences  to  the 
various  instruments  furnished  by  the  Department  of  State,  are  included 
herein. 

William  M.  Malloy. 

Committee  on  Foreign  Relations, 

TTnitfid  States  Senate. 

lOIST 


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LIST  OF  PRESIDENTS. 


Presidents. 


Administration. 


George  Washington 

John  Adams 

Thomas  Jefferson 

James  Madison 

James  Monroe 

John  Quincy  Adams 

Andrew  Jackson 

Martin  Van  Buren 

William  Henry  Harrison 

John  Tyler 

James  K.  Polk 

Zachary  Taylor 

Millard  Fillmore 

Franklin  Pierce 

James  Buchanan 

Abraham  Lincoln 

Andrew  Johnson 

Ulysses  S.  Grant 

Rutherford  B.  Hayes 

James  A.  Garfield 

Chester  A.  Arthur 

Grover  Cleveland 

Benjamin  Harrison 

Grover  Cleveland 

William  McKinley 

Theodore  Roosevelt 

William  H.  Taft 


Began. 


March  4,  1789 

March  4,  1797 

March  4, 1801 

March  4,  1809 

March  4,  1817 

March  4,  1825 

March  4,  1829 

March  4,  1837 

March  4, 1841 

April  4,  1841 

March  4, 1845 

March  4, 1849 

July  9, 1850 

March  4,  1853 

March  4, 1857 

March  4,  1861 

April  15,  1865 

March  4,  1869 

March  4, 1877 .... 

March  4,  1881 

September  19,  1881... 

March  4,  1885 

March  4,  1889 

March  4, 1893 

March  4,  1897 

September  14,  1901 . . . 
March  4,  1909 


Ended. 


March  4,  1797. 
March  4, 1801. 
March  4, 1809. 
March  4,  1817. 
March  4,  1825. 
March  4,  1829. 
March  4, 1837. 
March  4,  1841. 

April  4, 1841. 

March  4, 1845. 
March  4,  1849. 

July  9, 1850. 

March  4, 1853. 
March  4,  1857. 
March  4, 1861. 

April  15,  1865. 
March  4, 1869. 
March  4,  1877. 
March  4, 1881. 
September  19,  1881. 
March  4,  1885. 
March  4, 1889. 
March  4, 1893. 
March  4, 1897. 
September  14,  1901. 
March  4,  1909. 


V 


SECRETARIES  OF  STATE. 


In  the  “ Notes  upon  the  foreign  treaties  of  the  United  States,”  pre- 
pared by  Hon,  J.  C.  Bancroft  Davis,  and  republished  in  the  volume 
of  Treaties  and  Conventions  concluded  between  the  United  States 
and  other  Powers,  Senate  Executive  Document  No.  47,  Forty-eighth 
Congress,  second  session,  is  given,  in  concise  form,  the  history  of  the 
conduct  of  the  foreign  affairs  of  the  United  States  up  to  the  time  of 
the  establishment  of  the  Department  of  State.  From  these  notes  the 
following  statement  has  been  gathered; 

On  the  29th  of  November,  1775,  Congress  appointed  a “ Committee 
of  Secret  Correspondence,”  whose  duty  it  would  be  to  correspond  with 
the  friends  of  the  colonies  in  other  parts  of  the  world.  From  the  date 
of  the  appointment  of  this  committee  until  the  autumn  of  1781,  the 
management  of  the  foreign  affairs  of  the  country  was  in  the  hands  of 
committees  of  Congress.  Robert  R.  Livingston,  of  New  York,  was 
then  appointed  “their  Secretary  of  Foreign  Affairs,”  and  took  the 
oath  of  office  on  the  20th  of  October,  1781.  Livingston  resigned  in 
June,  1783,  and  Elias  Boudinot,  the  President  of  Congress,  acted 
officially  as  Secretary  in  the  interim. 

General  Thomas  Mifflin  was  chosen  President  of  Congress  on  the  3d 
of  November,  1783,  at  the  beginning  of  a new  Congress,  and  as  such 
succeeded  to  Boudinot  as  ad  interim  Secretary.  John  Jay  was  elected 
Secretary  May  24,  1784,  but  did  not  qualify  until  December  21, 1784, 
and  he  remained  the  Secretary  of  Foreign  Affairs  until  the  adoption 
of  the  Federal  Constitution.  On  September  15,  1789,  the  President 
approved  “An  act  to  provide  for  the  safe-keeping  of  the  acts,  records, 
and  seal  of  the  United  States,  and  for  other  purposes,”  in  the  first 
section  of  which  it  was  provided  “that  the  Executive  Department 
denominated  the  Department  of  Foreign  Affairs  shall  hereafter  be  de- 
nominated the  Department  of  State,  and  the  principal  officer  therein 
shall  be  called  the  Secretary  of  State.”  Jefferson  was  appointed  Sec- 
retary of  State  September  26,  1789,  but  did  not  enter  upon  the  duties 
of  his  office  until  March  21,  1790.  Jay,  notwithstanding  he  had  been 
selected  to  be  Chief  Justice,  continued  to  fill  the  office  of  Secretary 
until  Jefferson  entered  upon  its  duties,  although  never  commissioned 
as  such  under  the  new  government. “ 


VI 


o “Compilation  of  treaties  in  force  1899.” 


8ECKETAEIES  OF  STATE 


VII 


The  following  list  contains  the  names  of  the  different  Secretaries, 
the  Presidents  by  whom  appointed,  and  the  dates  of  their  respective 
commissions: 


Secretaries  of  State. 


Presidents. 


Commissioned. 


Thomas  Jefferson,  of  Virginia  . . 
Edmund  Randolph,  of  Virginia 


George  Washington 
do  


September  26, 1789. 
January  2,  1794. 


Timothy  Pickering,  of  Pennsylvania  (Secretary 
of  War). 

John  Marshall,  of  Virginia 

Levi  Lincoln,  of  Massachusetts  (Attorney-Gen- 
eral), ad  interim. 

James  Madison,  of  Virginia 

Robert  Smith,  of  Maryland 

James  Monroe,  of  Virginia 

Richard  Rush,  of  Pennsylvania  (Attorney-Gen- 
eral), ad  interim. 

John  Quincy  Adams,  of  Massachusetts 

Henry  Clay,  of  Kentucky 

James  A.  Hamilton,  of  New  York,  ad  interim 

Martin  Van  Buren,  of  New  York 

Edward  Livingston,  of  Louisiana 

Louis  McLane,  of  Delaware 


[ do 

[John  Adams 

do 

do 

Thomas  Jefferson  ... 

James  Madison 

do 

James  Monroe 

do 

John  Quincy  Adams 

do 

Andrew  Jackson 

do 

do 


John  Forsyth,  of  Georgia 

J.  L.  Martin,  of  North  Carolina,  chief  clerk), 
ad  interim. 


I do 

Martin  Van  Buren 
do 


Daniel  Webster,  of  Massachusetts 

Hugh  S.  Legar6,  of  South  Carolina  (Attorney- 
General)i  ad  interim. 


[William  H.  Harrison 

[John  Tyler 

do 


jDecember  10, 1795. 

May  13,  1800. 
March  5,  1801. 

Marchs,  1801. 
March  6,  1809. 
April  2,  1811. 
March  10,  1817. 

March  6,  1817. 
March  7,  1825. 
March  4,  1829. 
March  6,  1829. 

May  24,  1831. 

May  29,  1833. 

I June  27,  1834. 
March  3,  1841. 

jMarch  5,  1841. 

May  9,  1843. 


W'illiam  S.  Derrick,  of  Pennsylvania  (chief  clerk), 
ad  interim. 


do 


June  21,  1843. 


Abel  P.  Upshur,  of  Virginia  (Secretary  of  the 
Navy). 

John  Nelson,  of  Maryland  (Attorney-General),  ad 
interim. 

John  C.  Calhoun,  of  South  Carolina 

James  Buchanan,  of  Pennsylvania 

John  M.  Clayton,  of  Delaware 

Daniel  Webster,  of  Massachusetts 

Charles  M.  Conrad,  of  Louisiana  (Secretary  of 
War),  ad  interim. 

Edward  Everett,  of  Massachusetts 

William  Hunter,  of  Rhode  Island  (chief  clerk), 
ad  interim, 

William  L.  Marcy,  of  New  York 

Lewis  Cass,  of  Michigan 

William  Hunter,  of  Rhode  Island  (chief  clerk), 
ad  interim. 


do 

do 

do 

James  K.Polk... 
fZachary  Taylor.. 
{Millard  Fillmore 

do 

do 

do 

do 

Franklin  Pierce . 
James  Buchanan 
do 


June  24,  1843. 

February  29,  1844. 

March  6,  1844. 
March  6,  1845. 

jMarch  7,  1849. 

July  22, 1850. 
September  2,  1852. 

November  6, 1852. 
March  3,  1853. 

March  7,  1853. 
March  6,  1857. 
December  13, 1860. 


Jeremiah  S.  Black,  of  Pennsylvania 

William  H.  Seward,  of  New  York 

Elihu  B.  Washbume,  of  Illinois 

Hamilton  Fish,  of  New  York 

William  M.  Evarts,  of  New  York 

James  G.  Blaine,  of  Maine 

Frederick  T.  Frelinghuysen,  of  New  Jersey 


do 

[Abraham  Lincoln  . . . 

[Andrew  Johnson 

Ulysses  S.  Grant 

do 

Rutherford  B.  Hayes 
[James  A.  Garfield  . . . 
[Chester  A.  Arthur . . . 
do 


December  17,  1860. 

jMarch  5,  1861. 

March  6,  1869. 
March  11,  1869. 
March  12,  1877. 

jMarch  6, 1881. 
December  12, 1881. 


VIII 


SECRETARIES  OE  STATE, 


Secretaries  of  State. 

Presidents. 

Commissioned. 

March  6,  1885. 

March  5,  1889. 

June  4, 1892. 

Williata  F.  Wharton,  of  Massachusetts  (Assistant 

do 

Secretary),  ad  interim. 

John  W.  Foster,  of  Indiana 

do 

June  29,  1892. 

William  P.  Wharton,  of  Massachusetts  (Assistant 

do 

February  24,  1893. 

Secretary) , ad  interim. 

Walter  Q.  Gresham,  of  Illinois 

Grover  Cleveland 

March  6,  1893. 

May  28,  1895. 

Edwin  F.  Uhl,  of  Michigan  (As.sistant  Secretary), 

do 

ad  interim. 

Richard  Olney,  of  Massachusetts 

do 

June  8,  1895. 

March  6,  1897, 

April  26,  1898. 
September  17, 1898. 

William  McKinley 

William  R.  Day,  of  Ohio 

do 

Alvey  A.  Adee,  of  the  District  of  Columbia  (Sec- 

do 

ond  Assistant  Secretary),  ad  interim. 

I do 

iTheodore  Roosevelt 

John  Hay,  of  the  District  of  Columbia 

jseptember  20, 1898. 

do 

July  7,  1905. 

January  27, 1909. 
March  5,  1909. 

do 

Philander  C.  Knox,  of  Pennsylvania 

William  H.  Taft 

CHRONOLOGICAL  LIST  OF  TREATIES,  CONVENTIONS, 
AGREEMENTS  BY  COUNTRIES,  AND  OF  INTERNA- 
TIONAL ACTS,  1778-1909. 


Country. 


Subject. 


Signed. 


Proclaimed. 


Page 


Algiers 

Algiers  

Algiers 

Argentine  Re- 
public. 

Argentine  Re- 
public. 

Argentine  Re- 
public. 

Austria-Hungary 

Austria-Hungary 

Austria-Hungary 

Austria-Hungary 

Austria-Hungary 

Austria-Hungary 

Austria-Hungary 

Austria-Hungary 

Austria-Hungary 

Baden j 

Baden j 

Bavaria -. 

Bavaria 

Bavaria 

Bavaria 

Belgium j 

Belgium j 

Belgium 

Belgium 

Belgium 

Belgium 

Belgium 

Belgium 

Belgium 

Belgium 

Belgium 

Belgium 

Belgium 

Belgium 

Belgium 

Bolivia 

Bolivia 

Borneo 

Brazil 


Peace  and  Amity 

Peace  and  Amity 

Peace  and  Amity 

Navigation  of  Rivers  Parana  and 
Uruguay. 

Friendship,  Commerce, and  Navi- 
gation. 

Extradition 


September  5, 1795. . . 

June  30, 1815 

December  22, 1816  . . 
July  10, 18.53 

July  27, 1853  

September  26, 1896. . 


March  2, 1796 

December  26, 1815  . . 
February  11, 1822  . . . 
April  9, 1855  

April  9,1855  

June  5,1900 


Commerce  and  Navigation 

Property  and  Consular  J urisdiction 

Extradition 

Agreement  Concerning  Tobacco. . 

Consular 

Naturalization 

Trade-marks 

Copyright  Proclamation 

.Arbitration 

Extradition 

Naturalization 

Abolishing  Droit  de  Baine  and 
Taxes  on  Emigration. 

Extradition 

Naturalization 

Protocol  Relating  to  Naturaliza- 
tion. 

Commerce  and  Navigation 

Commerce  and  Navigation 

import  Duties  and  Capitalization 
of  Scheldt  Dues. 

Extinguishment  of  Scheldt  Dues. 

Naturalization 

Rights,  Privileges,  and  Immuni- 
ties of  Consuls. 

Trade-marks 

Extradition 

Commerce  and  Navigation 

Consular 

Extradition 

Trade-marks 

Copyright  Proclamation 

Extradition 

Trade-marks  in  China 

Friendship,  Commerce,  and  Navi- 
gation. 

Extradition 

Amity,  Commerce,  and  Naviga- 
tion. 

Amity,  Commerce,  and  Naviga- 
tion. 


August  27, 1829 

May  8, 1848  

July  3, 1856  

December  20, 1863  . . 

July  11, 1870  

September  20, 1870. . 
November  25,  1871 . . 


January  15,  1909 

January  30,  18.57  

July  19,  1868 

January  21,  1845 

September  12, 1853.. 

May  26,  1868 

May  26,  1868 

November  10,  1845.. 

June  17, 1858 

May  20,  1863 

July20, 1863 

November  16, 1868 . . 
Decembers,  1868 

December  20, 1868  . . 

March  19, 1874 

March  8,1875  

March  9, 1880 

June  13,1882 

April  7, 1884 


October  26,1901 

November  27, 1905  . . 
May  13,  1858 

April  21,  1900 

June  23, 1850 

December  12,  1828 .. 


February  1 0, 1831 . . . 
February  25, 1850  . . . 
December  15, 1856  . . 


June  29, 1871 

August  1, 1871 

June  1, 1872 

September  20, 1907. . 

May  18,  1909 

May  19,  1857 

January  10,  1870 

August  16,  1846  

November  18, 1854.. 
October  8, 1868 


March  31,  1846 

April  19,  1859 

November  18,  1864.. 

November  18, 1864 .. 

July  30, 1869 

March  7, 1870 

July  30, 1869 

May  1,1874 

June  29, 1875 

March  1, 1881 

November  20, 1882  . . 

July  9, 1884 

July  1,1891 

June  14, 1902 


January  8, 1863 

December  30, 1901 . . 
July  12,  1854 

March  18,  1829 


1 

6 

11 

18 

20 

25 

29 

33 

36 

38 

39 
45 
47 
49 
49 
51 
53 
56 

58 

60 

62 

64 

69 

73 

75 

80 

81 

86 

87 

90 

94 

100 

104 

105 

106 
111 
113 

125 

130 

133 


IX 


X 


TREATIES,  CONVENTIONS,  ETC 


Chronological  lid  of  treaties,  etc. — Continued. 


Country. 

Subject. 

Signed. 

Proclaimed. 

Page 

January  27, 1849  .... 

144 

Trade-marks 

September  24, 1878. . 

June  17, 1879 

146 

Extradition 

May  14,  1897  

April  30,  1903 

146 

September  6, 1902. . . 

152 

Extradition 

September  6, 1853. . . 

August  21, 1854 

July  30,  1855 

156 

Luneburg. 

September  15, 1906. . 

158 

Central  America. 

Peace,  Amity,  Commerce,  and 

December  5,  182.5  . . . 

October  28,  1826  

160 

Navigation. 

May  16,1832 

April  29,  1834  

171 

Navigation’ 

September  1,  1833. . . 

April  29,  1884 

181 

merce,  and  Navigation’ 

Chile 

Macedonian  Claims 

November  10, 1858.. 

December  22,  1859  .. 

183 

Chile 

August  7, 1892. 

January  28,  1893 

185 

May  25, 1896 

189 

Chile 

May  24, 1897 

190 

Chile 

Mav  24, 1897 

March  12,  1900 

190 

April  17, 1900 

May  27, 1902 

192 

April  18,  1846  

196 

January  26,  1860  

211 

222 

China 

November  8,  1858... 

232 

July  28,  1868 

234 

China 

November  17,  1880.. 

October  5,  1881 

237 

China 

November  17,  1880. . 

239 

dicial  Procedure. 

China 

Immigration 

March  17,  1894 

December  8, 1894  . . . 

241 

China 

1899 

244 

Notes. 

260 

Boxer  Troubles. 

China 

January  13,  1904 

261 

290 

Whang  Pu. 

China 

April  6,  1909  

290 

Colombia 

May  31,  1825 

292 

tion. 

December  12,  1846  . . 

June  12, 1848 

302 

Commerce. 

Colombia 

May  4,  1850 

314 

Colombia 

319 

Colombia 

321 

Colombia 

Extradition 

Mav  7,  1888 

February  6,  1891 

323 

Congo  (Kongo).. 

Declaration 

April  22,  1884 

327 

Congo  ( Kongo) . . 

Recognition  of  Flag 

April  22,  1884 

327 

Congo  (Kongo).. 

April  2,  1892 

328 

Corea  ( Korea) . . . 

Mav  22.  1882  

334 

Navigation’ 

Costa  Rica 

May  26,  1852 

341 

igation.' 

Costa  Rica 

Claims 

July  2,  1860 

November  11, 1861.. 

346 

Costa  Rica 

Copyright  Proclamation 

350 

Costa  Rica 

Interoceanic  Canal 

351 

Costa  Rica 

July  21,  1909 

351 

Cuba 

353 

Cuba 

Supplementary  Commercial  Reel- 

January  26, 1903 

December  17, 1903 . . 

357 

procity. 

TREATIES,  CONVENTIONS,  ETC. 
Chronological  list  of  treaties,  etc. — Continued. 


XI 


Country. 

Subject. 

Signed. 

Proclaimed. 

Page 

February  16, 1903 . . . 

358 

Coaling  Station. 

July  2,  1903  

360 

May  22,  1903  

July  2,  1904 

362 

November  17,  1903.. 

365 

Supplementary  Relations  with  . . . 

January  20, 1904  

July  2,  1904 

365 

Extradition 

April  6,  1904  

February  8, 1905 

366 

Amendatory  Extradition 

December  6,  1904  . . . 

February  8,  1905 

371 

April  26,  1826  

October  14,  1826  

373 

gation. ' 

March  28, 1830 

June  5,  1830  

377 

Discontinuing  Sound  Dues 

April  11,  1857  

January  13, 1858 

380 

July  11, 1861 

September  20, 1861 . . 

383 

July  20,  1872  

April  15,  1873 

384 

February  26, 1886 . . . 

386 

Claims 

December  6, 1888  . . . 

May  24,  1899  

387 

October  12,  1892  .... 

389 

May  8, 1893 

390 

April  17,  1902^ 

390 

Extradition  Supplementary 

November  6,  1905... 

February  19, 1906 . . . 

395 

June  22,  1906 

396 

March  19,  1907 

399 

May  18, 1908 

May  29,  1909 

401 

Dominican  Re- 

Amity,  Commerce,  Navigation, 

February  8, 1867 

October  24, 1867 

403 

public. 

and  Extradition. 

414 

public. 

Dominican  Re- 

Collection  and  Application  of  the 

February  8, 1907 

July  25,  1907 

418 

public. 

Customs  Revenues. 

Peace,  Friendship,  Navigation, 

June  13,  1839 

September  23, 1842. . 

421 

and  Commerce.  * 

Ecuador 

Claims 

November  25, 1862.. 

September  8, 1864. . . 

432 

Ecuador 

May  6,  1872 

434 

Ecuador 

June  28, 1872 

December  24,  1873 .. 

436 

Ecuador 

Claims 

February  28, 1893... 

438 

Egypt  

Commercial  Agreement  and  Cus- 

November  16, 1884.. 

May  7, 1885 

442 

toms  Regulations. 

Ethiopia 

Commercial  Relations 

December  27  1903  . . 

September  30, 1904. . 

466 

France  

Amity  and  Commerce 

February  6, 1778.... 

468 

France 

Alliance 

February  6, 1778 

479 

France  

Act  Separate  and  Secret 

February  6,  1778 

482 

France  

Contract  for  Payment  of  Loans. . . 

July  16,  1782  

483 

France  

Contract  for  New  Loan 

February  25, 1783 ... 

487 

France 

Consular 

November  14, 1788 .. 

490 

France 

Peace, Commerce, and  Navigation. 

September  30, 1800.. 

December  21, 1801 . . 

496 

France  

Preliminary  and  Secret  Treaty 

506 

Concerning  Louisiana. 

France 

April  30,  1803 

October  21, 180.3 

.^08 

France  

Payment  for  Louisiana 

April  30,  1803 

511 

France 

Claims 

April  30,  1803 

.518 

France 

Navigation  and  Commerce 

June  24, 1822 

521 

France 

Separate  Article 

523 

France 

Claims  and  Duties  on  Wines  and 

July  4, 1831 

Julv  13,  1832..  - 

623 

Cotton. 

France  

Extradition 

April  13  1844 

526 

France  

Extradition,  Additional  Article. . . 

July  24,  1845  ...  . 

528 

France  

Consular 

598 

France 

Extradition,  Additional  Article. . . 

February  10  1858... 

February  14,  1859... 

633 

XII 


TEEATIES,  CONVENTIONS,  ETC. 
Chronological  list  of  treaties,  etc. — Continued. 


Country. 


France 

France  

France  

France  

France  

France  

France 

France  

France 

France  

France 

German  Empire. 
German  Empire. 
German  Empire. 
German  Empire. 

German  Empire. 
German  Empire. 
German  Empire. 
German  Empire. 
German  Empire  . 
German  Empire  . 
German  Empire . 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 


Subject. 


Signed. 


Proclaimed. 


Page 


Trade-marks 

Claims 

Claims 

Claims 

Copyright 

Commercial  Agreement 

Commercial  Agreement,  Amen- 
datory. 

Relations  in  Tunis 

Trade-marks  in  China 

Commercial  Agreement 

Arbitration 

Consular 

General  Act  Concerning  Samoa. . . 

Settlement  of  Samoan  Claims 

Adjustment  of  Questions  Con- 
cerning Samoa. 

Copyright 

Commercial  Agreement 

Trade-marks  in  Morocco 

Trade-marks  in  China 

Commercial  .Agreement 

Commercial  Agreement 

Patents 

Provisional  Peace 

Armistice,  Cessation  of  Hostil- 
ities. 

Definitive  Peace 

Amity,  Commerce,  and  Naviga- 
tion. 

Explanatory  to  Article  HI  of 
Treaty  November  19,  1794. 
Explanatory  to  Article  V,  Treaty 
November  19,  1794. 

Payment  of  Indemnities  and 
Settlement  of  Debts. 

Peace  and  Amity 

Commerce  and  Navigation 

Naval  Forces  on  Great  Lakes 

Fisheries,  Boundary,  and  Resto- 
ration of  Slaves. 

Indemnity  Under  the  Award  of 
Emperor  of  Russia. 

Indemnity  for  Slaves 

Continuing  in  Force  Article  III 
of  Treaty  of  1818. 

Commercial 

Arbitration  Northea.stern  Bound- 
ary. 

Boundaries,  Suppression  of  Slave 
Trade,  and  Extradition  (Web- 
ster-Ashburton) . I 

Boundary  West  of  Rocky  Moun- 
tains. 

Ship  Canal  Connecting  Atlantic 
and  Pacific  Oceans. 

Cession  of  Horseshoe  Reef 

Claims 


April  16,  1869 

January  15, 1880 

July  19,  1882 

February  18,  1883... 


May  28, 1898 

August  20, 1902 

March  15, 1904 

October  3, 1905 

January  28, 1908  

February  10,  1908. . . 
December  11, 1871 . . . 

June  14, 1889 

November  7, 1899  . . . 
December  2, 1899 

January  15,  1892 

July  10,  1900 

September  28, 1901.. 

December  6, 1905 

February  27,  1906... 

April  27, 1907  

February  23,  1909... 
November  30,  1782.. 
January  20,  1783 

September  3, 1783. . . 
November  19,  1794.. 

May  4,  1796  

May  15,  1798  

January  8, 1802 

December  24,  1814.. 

July  3,  1815 

April  28,  1817 

October  20, 1818 

July  12,  1822 

November  13,  1826.. 
August  6,  1827 

August  6,  1827  

September  29,  1827.. 

August  9,  1842  

June  15,  1846  

April  19,  1850 

December  9,  1850  . . . 
February  8,  1853 


July  6,  1869 

June  25, 1880 

December  29,  1882  . . 

June  25, 1883 

July  1,  1891 

May  30,  1898 

August  22, 1902 

May  9, 1904 


March  14, 1908 

June  1, 1872 

May  21,  1890 

March  8, 1900 

February  16, 1900  . . . 


July  13, 1900. 


May  2,  1907... 
August  1,  1909 
April  11,  1783  . 


January  14,  1784 

February  29,  1796... 

.May  9,  1796  a 

June  5,  1798“ 

April  27,  1802  

February  18,  1815. . . 
December  22,  1815 . . 

April  28,  1818 

January  30,  1819 

January  11,  1823 

Marih  19,  1827 

May  15,  1828 

May  15,  1828  

May  15,  1828 

November  10,  1842.. 

August  5,  1846  

July  5 1850 

July  5, 1850 

.August  20,  1853 


534 

635 

539 

540 
.541 
542 


543 


.544 

.545 

547 

549 

.550 

557 

557 

557 

567 

568 

559 

560 

562 

563 
578 
580 
584 

586 

590 

607 

609 

610 

612 

624 

628 

631 

634 

641 

643 

645 

646 

650 

656 

659 

663 

664 


a Ratified  by  Senate. 


TEEATIES,  CONVENTIONS,  ETC, 


XIII 


Chronological  list  of  treaties,  etc. — Continued. 


Country. 


Subject. 


Great  Britain 


Reciprocity,  Fisheries,  and  Navi- 
gation. 


Great  Britain 


Claims 


Great  Britain  — 


Suppression  of  African  Slave 
Trade. 


Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 


Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain' 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 


Suppression  of  Slave  Trade,  Ad- 
ditional Articles. 

Claims 

Declaration  Approving  Maps 
Under  Treaty  of  1846. 

Naturalization 

Suppression  of  Slave  Trade 

Naturalization 

Claims,  Fisheries,  Navigation, 
and  Boundary  (Treaty  of  Wash- 
ington). 

Meeting  Places  for  Commission 
Under  Treaty  of  1871. 

Protocol  Respecting  Northwest 
Water  Boundary. 

Protocol  in  Reference  to  Treaty 
of  1871. 

Protocol  in  Reference  to  Treaty 
of  1871. 

Trade  marks 

Agreement  Respecting  Fisheries 
Under  Treaty  of  1871. 

Original  Modus  Vivendi  Concern- 
ing Fisheries. 

General  Act  Concerning  Samoan 
Islands. 

Extradition 

Claims 

Modus  Vivendi  Respecting  Fur- 
Seal  Fisheries. 

Agreement  as  to  Articles  for  In- 
sertion in  Bering  Sea  Arbitra- 
tion Argreement 

Copyright  Proclamation 

Fur  Seals  in  Behring  Sea 

Renewal  of  Existing  Modus  Vi- 
vendi in  Behring  Sea. 

Deserters  from  Merchant  Vessels . 

Deliminating  Boundaries 

Extending  Terms  of  Alaskan 
Boundary  Commission. 

Claims 

Protocol  in  Reference  to  Joint 
High  Commission. 

Tenure  and  Disposition  of  Prop- 
erty. 

Boundary  About  Head  of  Lynn 
Canal. 

Samoan  Claims 


Great  Britain 


Adjusting  Questions  Concerning 
Samoa. 


Great  Britain 


Trade-marks  in  Marocco 


Great  Britain 

Great  Britain 

Great  Britain 


Supplementary  Extradition 

To  Facilitate  the  Construction  of 
a Ship  Canal.  (Hay-Paunce- 
fote  Treaty.) 

Supplementary  Tenure  and  Dis- 
position of  Property. 


Signed. 

Proclaimed. 

June  5,  1854 

September  11, 1854.. 

July  17,  1854 

September  11,  1854.. 

April  7,  1862 

February  17,  1863... 

April  22,  1863 

Julv  1,  1863 

March  5,  1864 

May  13,  1870 

September  16, 1870.. 

June  3, 1870 

September  16, 1870.. 

February  23,  1871... 

May  6.  1871 

Mays,  1871 

July  4, 1871 

January  18.  1873 

April  15,  1873 

March  10.  1873 

June  7, 1873 

May  28,  1874  

October  24, 1877 

July  17,  1878 

June  22,  1886 

February  15,  1888 . . . 

June  14, 1889 

May  21,  1890 

July  12,  1889  

March  25, 1890 

June  13, 1891 

June  16, 1891 

June  15, 1891 

December  18,  1891 .. 

July  1, 1891 

February  29,  1892 . . . 

May  9,  1892 

April  18,  1892  

May  9,  1892 

June  3, 1892 

July  22,  1892 

February  3,  1894 

March  28,  1894  

February  8, 1896 

June  11, 1896 

1898 

March  2,  1899 

October  20, 1899 

November  7, 1899 . . . 

March  8,  1900 

December  2, 1899 . . . 

February  16, 1900... 

December  6,  1899  . . . 

December  13,  1900  . . 

April  22,  1901  

November  18, 1901 . . 

February  22, 1902  . . . 

January  13, 1902  

April  2, 1902  

Page 


668 

673 

674 

687 

688 
658 

691 

693 

698 

700 


722 


723 

726 

727 

737 
729 

738 

739 

740 
743 

743 

744 

746 

746 

760 

762 

763 

765 

766 
770 

774 

777 

780 

780 

778 
780 
782 

776 


XIV 


TREATIES,  CONVENTIONS,  ETC, 


Chronological  list  of  treaties,  etc. — Continued. 


Country. 


Subject. 


Signed. 


Proclaimed. 


Page 


Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Great  Britain 

Greece 

Greece 


Import  Duties  in  Zanzibar 

Alaskan  Boundary 

Lirht  and  Harbor  Dues  in  Zanzi- 
bar. 

Relinquishing  Extra-territorial 
Rights  in  Zanzibar. 

Acceptance  of  Report  of  Commis- 
sioners Fixing  Alaskan  Bound- 
ary. 

Supplementary  Extradition 

Trade-marks  in  China 

Alaskan  Boundary 

Modus  Vivendi  in  Regard  to 
Fisheries. 

Patents  in  Morocco 

Modus  Vivendi  in  Regard  to 
Fisheries. 

Commercial 

Arbitration 

Canadian  International  Boundary 

Fisheries 

Conveyance  of  Prisoners,  Wreck- 
age and  Salvage. 

Modus  Vivendi  in  Regard  to 
Fisheries. 

Special  Agreement  Submitting  to 
Arbitration  North  Atlantic 
Coast. 

Modus  Vivendi  in  Regard  to 
Fisheries. 

Commerce  and  Navigation 

Protocol  Explanatory  of  Treat-"' 


May  31, 1902  

January  24, 1903 

June  5, 1903 

February  25, 1905  . . . 

March  25, 1905  


October  17,1902... 

March  3, 1903 

December  24, 1903 

June  12, 1905 


April  12, 1905  

June  28,1905 

April  21, 1906  

October  6,1906 

February  4, 1907 

September  4, 1907 . . . 

November  19, 1907  . . 

April  4,  1908 

April  11,  1908 

April  11,  1908 

May  18,  1908 

July  15,  1908 


February  12,1907  ... 


August  21, 1906 


December  5, 1907  . . . 

June  5, 1908 * 

July  1,  1908 

July  1,  1908 

July  10,  1908 


January  27,  1909 


September  8,  1909. 


December  22,  1837  . . 
January  30,  1890 


August  30,  1838 


784 
787 

785 

795 

796 

798 

800 

803 

805 

808 

811 

812 

814 

815 
827 
830 

832 

835 

844 

848 

854 


of  1837. 


Greece 

Guatemala 

Guatemala 

Guatemala 

Guatemala 

Guatemala 

Guatemala 

Guatemala 

Haiti  (see  Hayti) . 

Hanover 

Hanover 

Hanover 

Hanover 

Hanover 

Hanseatic  R e - 
publics. 

Hanseatic  R e - 
publics. 

Hanseatic  R e - 
publics. 

Hawaiian  Is- 
lands. 

Hawaiian  I.s- 
lands. 

Hawaiian  Is- 
lands. 


Consular 

Peace,  Friendship,  Commerce, 
and  Navigation. 

Claims 

Claims,  Supplemental 

Trade-marks 

Tenure  and  Disposition  of  Prop- 
erty. 

Extradition 

Patents 


November  19,  1902.. 
March  3,  1849 

February  23,  1900 
May  10,  1900 
April  15,  1901 
August  27,  1901 

February  27,  1903 . . 
November  10, 1906. 


July  11,  1903 
July  28,  1852 


April  11,  1902 

September  18, 1902.. 

July  17,  1903 

July  9, 1907 


Commerce  and  Navigation 

Commerce  and  Navigation 

Extradition 

Abolishing  Stade  Dues 

Protocol  Abolishing  Stade  Dues . . 
Friendship,  Commerce,  and  Navi- 
gation. 

Additional  Article 


May  20,  1840 

June  10, 1846 

January  18,  1855 

November  6,  1861... 
November  6,  1861... 
December  20, 1827 .. 


January  2, 1841 
April  24,  1847  . . 
May  5,  1855.... 
June  17,1862... 


June  2, 1828. 


June  4, 1828. 


July  29,  1829 


Consular 


April  30,  1852 


June  6, 1853. 


Friendship,  Commerce,  Naviga- 
tion, and  Extradition. 

Reciprocity 


December  20,  1849  . . N ovember  9, 1850 . . . 
January  30,  1875 June  3, 1875 


Protocol  in  Reference  to  Reci- 
procity. 


September  9, 1876. 


855 

861 

871 

873 

875 

876 

878 

883 

885 

890 

896 

898 

900 

901 

905 

906 
908 
915 
918 


TREATIES,  CONVENTIONS,  ETC, 


XV 


Chronological  list  of  treaties,  etc. — Continued. 


Country. 

Subject. 

Signed. 

Proclaimed. 

Page 

Hawaiian  Is- 

Reciprocity 

December  G,  1884  . . . 

November  9,  1887... 

919 

lands. 

November  3,  1864... 

July  6,  1865 

921 

and  Extradition. 

May  28,  1884 

932 

934 

May  24,  1888 

935 

October  18, 1899 

936 

938 

March  22,  1902 

March  24,  1904 

939 

March  24,  1904 

941 

June  28, 1905 

941 

Hayti 

January  7,  1909 

November  16, 1 909  , . 

945 

March  26,  1844 . 

May  8,1845 

947 

August  31,  1869  

949 

May  30,  1865  

952 

gation.  ‘ 

June  8, 1909 

958 

February  23,  1869 . . . 

961 

Italy 

Extradition 

March  23,  1868 

September  30, 1868. . 

966 

May  11,  1869 

969 

May  11,  1869  

966 

February  26,  1871 . . . 

Novem  ber  23,  1871 . . 

969 

Consular 

May  8,  1878 

September  27, 1878. . 

977 

June  29, 1881 

983 

June  1, 1882 

March  19,  1884 

984 

June  11, 1884 

April  24, 1885 

985 

Italy 

Copyright 

October  31, 1892 

986 

February  8, 1900.... 

July  18,  1900 

987 

June  13, 1903 

989 

December  18, 1905 

991 

January  25,  1909 

992 

Italy 

Commercial,  Supplementary 

April  24, 1909 

994 

Peace,  Amity,  and  Commerce  .... 

March  31,  1854 

June  22, 1855 

996 

Japan  

Commercial  and  Consular 

June  17, 1857 

June  30, 1858 

998 

Commerce  and  Navigation 

July  29,  1858 

May  23,  1860  

1000 

Reduction  of  Import  Duties 

April  9,  1866  

1010 

Japan  

Simonoseki  Indemnities 

October  22,  1864  

April  9,  1866 

1011 

Japan  

Tariff  of  Duties 

June  25, 1866 

1012 

Japan  

Commercial  

July  25,  1878 

April  8,  1879 

1021 

Japan  

May  17,  1880 

1024 

penses. 

Japan  

April  29, 1886  , 

1025 

Japan 

March  21, 1895. . . 

1028 

Japan  

1036 

Japan 

January  13,  1897 

March  9.  1897. 

1037 

signs. 

Japan  

May  17,  1906 

1037 

Japan  

Extradition,  Supplemental 

May  17,  1907 

1039 

Japan 

May  5,  1908 

1040 

Japan  

Trfldp-mnTlrs  in  

May  19, 1908 

1041 

Japan  

Trade-marks  in  China 

May  19, 1908 

1043 

Japan  

Exchange  of  Notes  Declaring 

1045 

Policy” in  the  Far  East. 

Lew  Chew 

Friendship  and  Commerce 

July  11,  1854 

1048 

Liberia 

Commerce  and  Navigation 

October  21,  1862 

1050 

Luxemburg 

Extradition 

October  29,  1883  

August  12,  1884 

1053 

24449— VOL  1—10 II 


xvt 


TREATIES,  CONVENTIONS,  ETC. 


Cronological  list  of  treaties,  etc. — Continued. 


Country. 

Subject. 

Signed. 

Proclaimed. 

Page 

December  23, 1904.. 

March  15,  1905 

1057 

February  14,  1867... 

1058 

May  13,  1881........ 

March  13,  1883 

1061 

Commerce  and  Navigation 

December  9, 1947  . . . 

August  2, 1848 

1074 

Schwerin. 

November  26, 1853.. 

January  6, 1854  

1080 

Schwerin. 

Mecklenburg- 

Extradition 

December  2,  1853... 

January  26.  1854 

1081 

Strelitz. 

Mexico 

Limits 

January  12,1828  

April  5, 1832.  j 

1082 

Mexico 

Limits 

April  6, 1831 

April  5, 1832 

1084 

April  5,1831 

April  5, 1832 

1085 

Mexico 

Protocol  Concerning  Treaty  of 

September  7, 1831. .. 

1097 

1831. 

Protocc»l  Concerning  Treaty  of 

December  17, 1831. . . 

1098 

1831. 

Additional  Article  to  Treaty  of 

April  3, 1835 

April  21, 1836 

1099 

1828. 

Claims 

April  11, 1839 

April  8, 1840... 

1101 

Claims 

January  30, 1843 

March  30, 1843  

1105 

Peace,  Friendship,  Limits,  and 

February  2, 1848 

July  4, 1848 

1107 

Settlement  (Guadalupe  - Hi- 

dalgo). 

Boundary,  Cession  of  Territory, 

December30,1853... 

June  30, 1854 

1121 

Transit  of  Isthmus  (Gadsden 

Treaty). 

Extradition 

December  11, 1861 ... 

June  20,1862 

1125 

Claims 

July  4, 1868 

February  1, 1869  

1128 

Regulating  Citizenship  of  Emi- 

July  10, 1868 

February  1 , 1869  

1132 

giants. 

Claims 

April  19, 1871 

February  8, 1873 

1133 

Claims 

November  27, 1872.. 

July  24, 1873 

1134 

Claims 

January  31, 1873 .... 

1135 

Claims 

November  20, 1874.. 

January  28, 1875 

1136 

Claims 

April  29, 1876 

June  29, 1876 

1138 

Claims 

December  14, 1876. . . 

1140 

Boundary 

July  29, 1882. 

March  5,  1883. ...... 

1141 

Pursuit  of  Indians 

July  29, 1882 

1144 

Pursuit  of  Indians 

September  21,1882.. 

1145 

June  2, 1884 

1146 

Protocols  Concerning  Commercial 

January  20, 1883 

1152 

Reciprocity. 

Pursuit  of  Indians  

June  28,  1883 

il57 

Mexico 

Pursuit  of  Indians 

October  31,  1884 

1158 

Mexico 

Boundary 

1159 

Mexico 

May  4,  1886 

1161 

Mexico 

Pursuit  of  Indians 

1162 

Mexico 

Boundary 

June  28, 1887 

1163 

Mexico 

May  14, 1886 

1164 

Mexico 

1165 

Mexico 

Boundary 

December  26, 1890 . . 

1167 

Mexico 

June  25, 1890 

1170 

Mexico 

Pursuit  of  Indians 

November  25, 1892,. 

1171 

Mexico 

Boundary 

Augfust  24, 1894  . 

October  18, 1894 

1174 

Mexico 

Boundary 

December  21, 1895 .. 

1176 

Mexico 

February  27, 1896... 

1176 

Mexico 

U77 

Mexico 

Boundary 

November  6,  1896 . . . 

December  23, 1896 . . 

1179 

Mexico 

Claims 

March  2,  1897 

1180 

TREATIES,  CONVENTIONS,  ETC. 


XVII 


Chronological  list  of  treaties,  etc. — Continued. 


Country. 

Subject. 

Signed. 

Proclaimed. 

Page 

October  29, 1897 

December  21, 1897  . . 

1181 

December  2,  1898  . . . 

February  3,  1899 

1182 

February  22,  1899... 

April  24,  1899 

1184 

December  22,  1899 

May  7,  1900 

1191 

November  21, 1900 . . 

December  24,  1900  . . 

1192 

Supplementary  Extradition 

June  25,  1902 

April  3,  1903 

1193 

May  22,  1902 

1194 

March  20, 1905 

June  5, 1907 

1199 

Grande. 

May  21,  1906 

January  16,  1907 

1202 

Waters  of  the  Rio  Grande. 

March  24,  1908 

June  29, 1908 

1204 

January  — , 1787 

July  18,  1787 

1206 

Peace  and  Friendship 

September  16,  1836.. 

January  30, 1837 

1212 

CapeSpartel  Light-House 

May  31, 1865 

March  12,  1867 

1217 

July  3,  1880 

December  21,  1881 . . 

1220 

September  21, 1833. . 

June  24, 1837 

1228 

Abolishing  Droit  d’Baine 

Mav  27,  1846 

January  26,  1847 

1231 

Peace  and  Commerce 

Octobers,  1782 

January  22,  1783 

1233 

Netherlands 

Recaptured  Vessels 

October  8, 1782 

January  23,  1783 

1244 

Netherlands 

Commerce  and  Navigation 

January  19, 1839 .... 

May  24,  1839 

1246 

Commerce  and  Navigation  . . 

August  26, 1852 

February  26,  1853... 

1248 

May  26,  1855 

1251 

Netherlands 

Consular 

May  23  1878 

August  1,  1879  

1255 

Netherlands 

Extradition 

May  22,  1880 

July  30, 1880........ 

1261 

Netherlands 

Trade-marks 

February  10,  1883. . . 

1265 

Netherlands 

Extradition 

June  2, 1887 

June  21,1889 

1266 

Netherlands 

1271 

Netherlands 

Extradition 

January  18, 1904 

May  31,  1904 

1271 

Netherlands 

Trade-marks  in  China 

October  23, 1905 

1273 

Netherlands 

Commercial 

May  16,  1907 

August  12, 1908. . 

1275 

Netherlands 

Arbitration 

May  2,  1908 

March  25,  1909 

1277 

Nicaragua 

Friendship,  Commerce,  and  Navi- 

June  21,1867 

August  13, 1868.. 

1279 

gation.  * 

Nicaragua 

Extradition 

June  25,1870 

September  19,1871.. 

1287 

Nicaragua 

Interoceanic  Canal 

1290 

Nicaragua 

Claims 

1290 

Nicaragua 

Extradition 

March  1, 1905 

June  15,1907 

1292 

North  German 

Naturalization 

February  22, 1868  . . . 

Mav  27, 1868  

1298 

Union. 

Norway 

Extradition 

1300 

Norway 

Extradition . . 

December  10, 1904. . . 

April  6, 1905  . 

1304 

Norway 

Copvritfht 

1305 

Norway 

Arbitration 

April  4,  1908 

June  29, 1908 

1306 

Oldenburg 

Commerce  and  Navigation 

March  10, 1847  

1308 

Oldenburg 

Extradition 

December  30,  1853.. 

March  21,1853.  . 

1309 

Orange  Free 

Friendship,  Commerce,  and  Ex- 

December  22,  1871.. 

August  23, 1873 

1310 

State. 

tradition. 

Orange  Free 

Extradition 

April  21,  1899 . 

1313 

State. 

Ottoman  Empire 

Commerce  and  Navigation 

May  7,  1830 

1318 

Ottoman  Empire 

Commerce  and  Navigation 

February  25,  1862... 

July  2,  1862 

1321 

Ottoman  Empire 

Extradition 

August  11,  1874 

May  26,  1875 

1341 

Ottoman  Empire 

Right  to  Hold  Real  Estate 

October  29,  1874  . 

1344 

Panama 

Ship  Canal 

1349 

Panama 

Extradition 

May  12,  1905. 

1357 

Paraguay 

Claims 

February  4, 1859 

March  12,  1860 

1362 

XVIII 


TREATIES,  CONVENTIONS,  ETC, 


Chronological  list  of  treaties,  etc. — Continued. 


Country. 

Subject. 

Signed. 

Proclaimed. 

Page 

Paraguay 

Friendship,  Commerce,  and  Navi- 

February  4, 1859 

March  12,  1860 

1364 

gation. 

March  13,  1909 

1369 

Friendship  and  Commerce 

December  13, 1856.. 

August  18,  1857 

1371 

Peru-Bolivia 

Peace,  Friendship,  Commerce, 

November  30,  1836. . 

October  3,  1836  

1375 

and  Navigation. 

Peru 

Claims 

March  17,  1841 

January  8,  1847 

1386 

Peru 

July  26, 1851  

July  19, 1852  

1388 

gation.  ' 

Peru 

July  22, 1856  

November  2, 1857  . . . 

1402 

Peru 

July  4, 1857  

October  14, 1858 

1404 

May  19, 1863  

1406 

Peru 

May  19, 1863  

1408 

July  6, 1869  

1411 

September  6, 1870 . . . 

July  27, 1870  

1414 

gation. 

September  12, 1870. . 

July  27,1874  

1427 

June  5, 1873 

1430 

1870. 

November  7, 1888 . . . 

1431 

gation.  ‘ 

Peru 

May  17, 1898  

1443 

Peru 

1444 

Peru 

January  29, 1901  

1445 

Peru 

September  2, 1909... 

1449 

Peru 

June  30, 1909 

1451 

Portugal 

August  26  1840 

April  24, 1841 

1452 

Portugal 

September  1, 1851... 

1458 

Portugal 

.lime  13  1891 

1460 

Portugal 

Copyright 

July  20,  1893 

1462 

Portugal 

Mav  22. 1899 

June  12, 1900 

1463 

Portugal 

Commercial,  Additional 

January  24,  1907 

1466 

Portugal 

Arbitration 

April  6, 1908 

December  14, 1908. . . 

1467 

Portugal 

May  7, 1908 

December  14, 1908. . . 

1468 

Portugal 

May  7 1908. 

December  14, 1908. . . 

1469 

1477 

Prussia 

July  11,1799 

November!,  1800... 

1486 

Prussia 

Commerce  and  Navigation 

May  1,  1828 

March  14,  1829 

1496 

June  16  1852 

June  1, 1853  

1601 

Roumania 

Consular 

June  17  1881- 

July  9.  1883 

1505 

Roumania 

March  18, 1906 

1510 

Russia 

April  17  1824 

January  12,  1825 

1512 

Coast  of  America. 

Russia 

May  11,  1833  

1514 

Russia 

1519 

Russia 

Neutral  Rights  at  Sea 

July  22, 1854 

November  1, 1854. .. 

1519 

Russia 

Cession  of  Alaska 

June  20, 1867 

1521 

Russia 

Trade-marks 

October  15,  1868 

1524 

Russia 

Trade-marks 

March  28,  1874’ 

November  24, 1874 . . 

1525 

Russia 

Admeasurement  of  Vessels 

1526 

Russia 

Extradition 

March  28,  1887 

June  6,  1893 

1527 

Russia 

Fur-Seal  Fisheries 

May  4,  1894 

May  12,  1894  

1531 

Russia 

Claims 

1532 

Russia 

Corporations 

June  15,  1909 

1534 

Russia 

Trade-marks  in  China 

1535 

Salvador 

April  18,  1853  

1535 

Salvador 

Extradition ^ 

May  23, 1870 

March!,  1874 

1648 

TBEATIE8,  CONVENTION’S,  ETC. 


XIX 


Chronological  list  of  treaties,  e<c.— Continued. 


Country. 

Subject. 

Signed. 

Proclaimed. 

Page 

Amity,  Commerce,  and  Consular 

December  6, 1870... 

March  13,  1874 

1551 

May  12,  1873 

1666 

May  12,  1873 

March  13,  1874 

1567 

Claims 

December  19,  1901 .. 

1668 

March  14,  1908 

July  23,  1908 

1570 

December  21, 1908  .. 

July  7,  1909  

1672 

Samoan  Islands.. 

Commerce 

January  17,  -1878 

February  13,  1878 . . . 

1574 

May  21,  1890  

1676 

Claims 

November  7, 1899... 

March  8,  1900 

1589 

Samoan  Islands.. 

Adjustment  of  Question  Concern- 

December  2,  1899... 

February  16, 1900 . . . 

1595 

ing. 

Extradition 

June  12,  1908 

1598 

Sardinia 

Commerce  and  Navigation 

November  26,  1838 . . 

1603 

Sardinia 

Separate  Article 

November  26,  1838 . . 

1609 

Saxony 

Abolition  of  Droit  d’Baine 

May  14, 1846 

1610 

Sc  h aumb  u r g 

Extradition 

July  26,  1854 

1612 

Lippe. 

Servia 

Commerce  and  Navigation 

1613 

Servia 

Consular 

1618 

Servia 

Extradition 

May  17, 1902  

1622 

Siam 

Amity  and  Commerce 

1626 

Siam 

Amity  and  Commerce 

May  29,  1856  

1629 

Siam 

Modification  of  Treaty,  1856  

December  17,  1867 . . 

1636 

Siam 

Regulation  Liquor  Traffic 

1637 

Spain  

Friendship,  Boundaries,  Com- 

October  27, 1795 

1640 

merce,  and  Navigation. 

Spain 

Claims 

1650 

Spain 

Friendship,  Cession  of  the  Flor- 

February  22, 1819. . . 

February  22,  1821... 

1651 

idas,  and  Boundaries. 

Spain 

Claims 

November  1, 1834... 

16.69 

Spain 

Claims 

1661 

Spain 

Claims 

1664 

Spain 

Extradition 

February  21, 1877... 

1665 

Spain 

Judicial  Procedure 

January  12, 1877  

1669 

Spain 

Claims 

1671 

Spain 

Claims 

May  6,  1882 

1673 

Spain 

Trade-marks 

June  19  1882 

April  19  1888 

1675 

Spain 

Extradition 

April  19  1888 

1676 

Spain 

Claims 

1678 

Spain 

Commercial  Relations 

1680 

Spain 

Discriminating  Duties 

1681 

Spain , 

Tonnage  Duties ; 

October  27, 1886. 

1682 

Spain 

Tonnage  Duties 

1683 

Spain 

Discriminating  Duties 

1684 

Spain 

Commerce 

May  26  1888 

1685 

Spain 

Commerce  With  Cuba  and  Porto 

June  19. 1891 

1685 

Rico. 

Spain 

Copyright 

.TnlylO  1896 

Spain 

Protocol  Embodying  Terms  of 

August  12,  1898  . 

1688 

Peace. 

Spain 

Peace 

Spain 

Extending  Time  During  Which 

March  29  1900 

April  98  1900 

1695 

Spanish  Subjects  May“ Declare 

Their  Intention  to  Retain 

Spanish  Nationality. 

Spain 

Cession  of  Outlying  Islands 

Spain 

Letters  Rogatory 

Auffuat.  7^  1901 

1697 

Spain 

Friendship  and  General  Rela- 

July  3,  1902  

April  20, 1903  

1701 

tions. 


XX 


TREATIES,  CONVENTIONS,  ETC, 


Chronological  list  of  treaties,  etc. — Continued. 


Country. 

Subject. 

Signed. 

Proclaimed. 

Page 

November  26, 1902.. 

1710 

June  15, 1904 

May  21, 1908  

1712 

August  1, 1906  

1718 

1721 

Arbitration 

April  20,  1908 

June  3,  1908  

1722 

Amity  and  Commerce 

September  25, 1783. . 

1725 

April  3,  1783 

1734 

Extradition 

March  18,  1893 

1736 

Sweden 

Arbitration 

Mav  2,  1908 

1740 

SwedenandNor- 

Amitv  and  Commerce 

September  4, 1816. . . 

December  31,  1818  . . 

1742 

way. 

Swedenand  Nor- 

Commerce  and  Navigation 

July  4, 1827 

Jauuary  19,  1828 

1748 

way. 

Swedenand  Nor- 

Separate  Article 

July  4, 1827 

1756 

way. 

Mfl.rch  21  1860 

December  21,  1860 .. 

1756 

way. 

May  26  1869  

January  12,  1872 

1768 

way. 

SwedenandNor- 

Protocol 

May  26, 1869 

1760 

way. 

Property 

May  18, 1847 

May  4, 1848  

1762 

Switzerland 

Friendship,  Commerce,  and  Ex- 

November  25, 1850 . . 

November  9,  1855... 

1763 

tradition. 

Switzerland 

Trade-marks 

April  27,  1883  

1769 

Copyright 

July  1,  1891 

1771 

Extradition 

May  14  1900 

1771 

Switzerland 

Commercial 

January  1, 1906  

1775 

Arbitration 

1776 

Texas 

Claims 

April  11,  1838 . 

July  6,  1838 

1778 

Boundary 

April  25  1838  

October  13, 1838 

1779 

Amity,  Commerce,  and  Naviga- 

September  18, 1888.. 

1781 

tiori. 

Peace  and  Friendship 

June  10, 1797 

1786 

Peace  and  Amity 

1788 

Tunis 

Amity,  Commerce,  and  Naviga- 

August,  1797 

1794 

tiori. 

Tunis 

Commerce  and  Navigation 

1800 

Two  Sicilies 

October  14  1832 

1804 

Two  Sicilies 

Claims 

1805 

Two  Sicilies 

Commerce  and  Navigation 

July  24,  1846 

1806 

Two  Sicilies 

Neutrals  at  Sea 

July  16,  1855 

1812 

Two  Sicilies 

Amity,  Commerce,  Navigation, 

October  1, 1865 

December  10,  1856 .. 

1814 

and  Extradition. 

Uruguay  

Extradition 

March  11,  1905  . 

July  10, 1908 

1825 

Urueruav 

Naturalization 

1829 

Venezuela 

Peace,  Amity,  Commerce,  and 

January  20,  1836 

1831 

Navigation’. 

Venezuela 

Claims 

1842 

Venezuela 

Claims 

1843 

Venezuela 

Amity,  Commerce,  Navigation, 

September  26,  1861.. 

1845 

and  Extradition. 

Venezuela 

Claims 

April  25,  1866  

May  29,  1867 

1856 

Venezuela 

Claims 

1858 

Venezuela 

Claims 

March  15,  1888...  . 

1866 

Venezuela 

Claims 

1866 

Venezuela 

Claims 

July  30,  1894 

1868 

Venezuela 

Claims 

Fehmaryl?,  1903... 

1870 

Venezuela 

Claims 

May  7,  1903 

1872 

TREATIES,  CONVENTIONS,  ETC. 
Chronological  list  of  treaties,  etc. — Continued. 


XXI 


Country. 

Subject. 

Signed. 

Proclaimed. 

Page 

February  13,  1909... 

1881 

August  21,  1909  

1887 

September  9, 1909... 

1889 

April  10,  1844 

December  16,  1844.. 

1893 

October  13, 1853 

December  27,  1853.. 

1895 

July  27,  1868 

1895 

Wurttemberg. . . . 

July  27, 1868 

1897 

Zanzibar 

July  3,  1886 

August  17,  1888 

1899 

Powers. 

INTERNATIONAL  ACTS  AND  CONVENTIONS. 


Subject. 


Amelioration  of  the  Condition  of  the  Wounded  in 
Time  of  War. 

Additional  articles 

Bureau  of  Weights  and  Measures 

Protection  of  Industrial  Property 

Protection  of  Submarine  Cables 

International  Exchange  of  Documents 

Immediate  Exchange  of  Documents 

Protocol  Respecting  Execution  of  Convention  Re- 
lating to  Protection  of  Submarine  Cables. 

Declaration  Interpreting  Convention  Relating  to 
Protection  of  Submarine  Cables. 

Protocol  Putting  Convention  Relating  to  Protec- 
tion of  Submarine  Cables  into  Effect. 

General  Act  for  the  Repression  of  the  African  Slave 
Trade. 

Deposit  of  Ratifications 

Formation  of  an  International  Union  for  the  Publi- 
cation of  Customs  Tariffs. 

Supplementary  Industrial  Property 

Adoption  by  the  United  States  of  the  Additional 
Articles  of  the  Geneva  Convention  as  a Modus 
Vivendi  During  the  War  with  Spain. 

Adhesion  of  the  United  States  to  the  Convention 
Regulating  the  Importation  of  Liquors  into  Africa. 

Fiest  Hague  Peace  Conference  Conventions: 

Pacific  Settlement  of  Disputes 

Launching  Projectiles 

Adaption  to  Maritime  Warfare  of  the  Principles 
of  the  Geneva  Convention. 

Laws  and  Customs  of  War  on  Land 

Additional  Act  for  the  Protection  of  Industrial 
Property. 

Final  Protocol  Entered  Into  at  the  Conclusion  of 
the  Boxer  Troubles  in  China  in  1900. 

Convention  between  the  United  States  and  Other 
Powers  on  Literary  and  Artistic  Copyrights. 

Arbitration  of  Pecuniary  Claims 

International  Sanitary  Convention  (Paris) 

Repression  of  Trade  in  White  Women 

Exemption  of  Hospital  Ships  from  Payment  of  Dues. 
International  Institute  of  Agriculture 

New  Agreement  Between  China  and  Certain  Pow- 
ers for  the  Whang-pu  Conservancy. 


Signed. 

Proclaimed. 

Page. 

August  22,  1854  

July  26, 1882 

1903 

1907 

May  20, 1875 

September  27, 1878. . 

1924 

March  20, 1883 

June  11, 1887 

1935 

March  14,  1884 

May  22,  1885 

1949 

xMarch  15,  1886 

January  15,  1889 

1959 

March  15,  1886 

January  15, 1889 

1962 

May  21,  1886 

1957 

December  1, 1886 . . . 

May  1,  1888 

1956 

July  7, 1887 

May  1,  1888 

1958 

July  2,  1890 

April  2,  1892  

1964 

February  2, 1892 

1991 

July  5,  1890 

December  17, 1890  . . 

1996 

April  15,  1891 

June  22, 1892 

1943 

May  13,  1898 

1912 

June  8, 1899 

February  6, 1901 

1993 

July  29, 1899  

November  1, 1901 . . . 

2016 

July  29, 1899  

November  1, 1901 . . . 

2032 

July  29, 1899  

November  1, 1901 . . . 

2035 

July  29, 1899  

April  11,1902 

2042 

December  14, 1900. . . 

August  25,1902 

1945 

September  7, 1901 . . . 

2006 

January  27, 1902 

April  9, 1908 

2058 

January  30, 1902 

March  24, 1905  

2062 

December  3,1903 

May  18, 1907 

2066 

May  18,1904 

June  15, 1908 

2131 

December  21, 1904. . . 

Mav21,1907 

2135 

June  7, 1905 

January  29, 1908  

2140 

September  27, 1905.. 

2013 

XXII 


TREATIES,  CONVENTIONS,  ETC. 
Chronological  list  of  treaties,  etc. — Continued. 


INTERNATIONAL  ACTS  AND  CONVENTIONS. 


Subject. 


Signed. 


Proclaimed. 


Page. 


International  Sanitary  Convention  (Central  and 
South  America). 

General  Act  of  the  International  Conference  at 
Algeciras. 

International  Red  Cross  Convention  for  the  Ameli- 
oration of  the  Condition  of  Wounded  of  the 
Armies  in  the  Field. 

Importation  of  Spirituous  Liquors  Into  Africa 

Unification  of  the  Pharmacopoeial  Formulas  for 
Potent  Drugs. 

International  Office  of  Public  Health 

Second  Hague  Peace  Conference  Conventions,  1907: 
I.  Pacific  Settlement  of  International  Dis- 
putes. 

11.  The  Limitation  of  the  Employment  of 
Force  for  the  Recovery  of  Contract 
Debts. 

III.  Opening  of  Hostilities 

IV.  The  Laws  and  Customs  of  War  on  Land.. 
V.  Rights  and  Duties  of  Neutrals  in  Land 

War. 

VIII.  The  Laying  of  Automatic  Submarine 
Contact  Mines. 

IX.  Bombardment  by  Naval  Forces  in  Time 
of  War. 

X.  The  Adaption  of  the  Principles  of  the 
Geneva  Convention  to  Naval  War. 

XL  Right  of  Capture  in  Naval  War 

XIII.  Rights  and  Duties  of  Neutral  Powers  in 

Naval  War. 

XIV.  Declaration  Prohibiting  the  Throwing  of 

Projectiles  and  Explosives  from  Bal- 
loons. 

Final  Act,  Second  Peace  Conference 

Signatures  and  Reservations,  Second  Peace 
Conference. 

Conventions 'concluded  at  the  Central  American 
Peace  Conference  1907: 

Preliminary  protocol  

General  Treaty  of  Peace  and  Amity 

Additional  Treaty  of  Peace  and  Amity 

Convention  for  Establishment  of  a Central 
American  Court  of  Justice. 

Additional  Protocol  to  the  Convention  for  the 
Establishment  of  a Central  American  Court 
of  Justice. 


Extradition  Convention 

Convention  for  the  Establi.shment  of  an  Inter- 
national Central  American  Bureau. 

Convention  for  the  Establishment  of  a Central 
American  Pedagogical  Institute. 

Convention  Concerning  Future  Central  Ameri- 
can Conferences. 

Convention  on  Communications 


October  14, 1905. 

April  7, 1906 

July  6, 1906 


N ovember  3, 1906 

November  29, 1906  . . 


December  9, 1907 

October  18, 1907 

do 


.do . 
.do . 
.do . 


-do .. 
.do .. 
■do  .. 


.do . 
-do . 

-do . 

.do . 

-do . 


December  20,  1907 . 

do 

do 

do 


■do . 

-do  . 
.do . 

.do  . 

.do . 

.do . 


March  1, 1909  

January  22,1907  ... 
Augusts,  1907 


December  2, 1907 


November  17, 1908 . 

February  28,  1910 . . 
do 


.do . 
.do  . 

.do . 

.do . 
.do . 

■ do . 

.do . 
-do . 

.do . 

.do . 
.do . 


2144 

2157 

2183 

2205 

2209 

2214 

2220 

2248 

2269 

2269 

2290 

2304 

2314 

2326 

2341 

2352 

2366 

2369 

2386 


2391 

2392 
2397 
2399 

2406 

2406 

2411 

2414 

2416 

2418 


CONTENTS. 


Volume  I. 

Page. 

Algiers 1 

Argentine  Republic ■. 18 

Austria-Hungary 29 

Baden 51 

Bavaria 56 

Belgium 64 

Bolivia 113 

Borneo 130 

Brazil 133 

Bremen 155 

Brunswick  and  Luneburg 156 

Bulgaria 158 

Central  America 160 

Chili 171 

China 196 

Colombia 292 

Congo 327 

Corea 334 

Costa  Rica 341 

Cuba 353 

Denmark  373 

Dominican  Republic 403 

Ecuador 421 

Egypt 442 

Ethiopia 466 

France 468 

German  Empire 550 

Great  Britain 580 

Greece 848 

Guatemala 861 

Haiti  (see  Hay ti) 921 

Hanover 885 

Hanseatic  Republics 901 

Hawaiian  Islands 908 

Hayti 921 

Hesse 947 

Honduras 952 

Italy' 961 

Japan 996 

Korea  (see  Corea) 334 

Lew  Chew I 1048 

Liberia 1050 

Lubec.  {See  Hanseatic  Republics. ) 

Luxemburg 1053 

Madagascar 1058 

Maskat.  {See  Muscat. ) 


XXIII 


XXIV 


CONTENTS. 


Page. 

Mecklenburg-Schwerin 1074 

Mecklenburg-Strelitz 1081 

Mexico 1082 

Morocco 1206 

Muscat 1228 

Volume  2. 

Nassau 1231 

Netherlands 1233 

Nicaragua 1279 

North  German  Union 1298 

Norway 1300 

Oldenburg 1308 

Orange  Free  State 1310 

Ottoman  Empire 1318 

Panama 1349 

Paraguay 1362 

Persia 1371 

Peru-Bolivia 1375 

Peru 1386 

Portugal 1452 

Prussia 1477 

Roumania 1505 

Russia 1512 

Salvador 1535 

Samoan  Islands 1574 

San  Marino 1598 

Sardinia 1603 

Saxony 1610 

Schaumburg- Lippe 1612 

Servia 1613 

Siam 1626 

Spain 1640 

Sweden 1724 

Sweden  and  Norway 1742 

Switzerland 1762 

Texas 1778 

Tonga 1781 

Tripoli 1785 

Tunis 1794 

Two  Sicilies 1804 

Uruguay 1825 

Venezuela 1831 

Wurtemburg 1893 

Zanzibar 1899 

INTERNATIONAL  CONVENTIONS  AND  ACTS. 

Amelioration  of  the  Condition  of  the  Wounded  in  Time  of  War 1903 

Additional  Articles 1907 

Adoption  by  United  States  of  Additional  Articles  as  a Modus  Vivendi 

During  War  With  Spain 1912 

International  Bureau  of  Weights  and  Measures 1924 


CONTENTS. 


XXV 


Page. 

International  Protection  of  Industrial  Property,  1883  1935 

Supplementary,  1891 1943 

Additional  Act,  1900 1945 

Protection  of  Submarine  Cables 1949 

Declaration  Concerning 1956 

Protocol 1957 

Final  Protocol 1958 

Exchange  of  Official  Documents,  Scientific  and  Literary  Publications 1959 

Immediate  Exchange  of  Official  Journals,  Parliamentary  Annals,  and  Docu- 
ments   1962 

General  Act  for  the  Repression  of  the  African  Slave  Trade 1964 

Adhesion  of  the  United  States  to  the  Convention  of  1899  for  the  Regulation  of 

the  Importation  of  Spirituous  Liquors  into  Africa 1993 

Formation  of  an  International  Union  for  the  Publication  of  Customs  Tariffs..  1996 
Final  Protocol  at  the  Conclusion  of  the  So-called  Boxer  Troubles  in  China  in 

1900 2006 

New  Agreement  for  the  Whang  Pu  Conservancy 2013 

First  Hague  Peace  Conference  Treaties: 

Pacific  Settlement  of  International  Disputes 2016 

Launching  of  Projectiles 2032 

Adaptation  to  Maritime  Warfare  of  the  Principles  of  the  Geneva  Conven- 
tion   2035 

Law  and  Customs  of  War  on  Land 2042 

Convention  with  Central  and  South  American  States  Concerning  Literary  and 

Artistic  Copyrights 2058 

Arbitration  of  Pecuniary  Claims 2062 

International  Sanitary  Convention  (Paris) 2066 

Trade  in  White  Women 2131 

Exemption  of  Hospital  Ships  from  Payment  of  Dues 2135 

International  Institute  of  Agriculture 2140 

International  Sanitary  Convention 2144 

General  Act  of  the  International  Conference  at  Algeciras 2157 

International  Red  Cross  Convention  For  the  Amelioration  of  the  Wounded 

in  War 2183 

Convention  Concerning  Importation  of  Spirituous  Liquors  into  Africa 2205 

Unification  of  the  Pharmacopoeial  Formulas  for  Potent  Drugs 2209 

Arrangement  for  the  Establishment  of  an  International  Office  of  Public 

Health 2214 

Second  Hague  Peace  Conference  Treaties: 

Pacific  Settlement  of  International  Disputes 2220 

Limitation  of  the  Employment  of  Force  for  the  Recovery  of  Contract  Debts.  2248 

Relative  to  the  Opening  of  Hostilities 2259 

Laws  and  Customs  of  War  on  Land 2269 

Rights  and  Duties  of  Neutral  Powers  and  Persons  in  War  on  Land 2290 

Automatic  Submarine  Contact  Mines 2304 

Bombardment  by  Naval  Forces  in  Time  of  War 2314 

Adaption  to  Naval  War  of  the  Principles  of  the  Geneva  Convention 2326 

Right  of  Capture  in  Naval  War 2341 

Rights  and  Duties  of  Neutral  Powers  in  Naval  War 2352 

Declaration  Prohibiting  the  Launching  of  Projectiles  from  Balloons 2366 

Final  Act 2369 

Signatures  and  Reservations 2386 


XXVI 


CONTENTS. 


Central  American  Peace  Conference  Treaties,  1907 : Page. 

Preliminary  Protocol 2391 

General  Treaty  of  Peace 2392 

Additional  Treaty  of  Peace 2397 

Central  American  Court  of  Justice 2399 

Additional  Protocol 2405 

Extradition 2406 

International  Central  American  Bureau 2411 

Pedagogical  Institute 2414 

Future  Central  American  Conferences 2416 

Convention  on  Communications 2418 


ALGIERS 

1795.“ 


A Treaty  of  Peace  and  Amity  Concluded  this  Present  Day 
JiMA  Artasi,  the  Twenty-first  of  the  Luna  Safer,  Year  of  the 
Hugira  1210,  Corresponding  with  Saturday,  the  Fifth  of  Sep- 
tember, 1795,  Between  Hassan  Bashaw,  Dey  of  Algiers,  His 
Divan  and  Subjects,  and  George  Washington,  President  of  the 
United  States  of  North  America,  and  the  Citizens  of  the  Said 
United  States. 

Concluded  September  5,  1795;  ratification  advised  by  Senate  March 

2,  1796. 

Articles. 


I.  Amity. 

II.  Commercial  intercourse. 

III.  Vessels  not  to  be  molested. 

IV.  Passports  of  vessels. 

V.  Persons  on  vessels  of  the 
United  States. 

VI.  Stranded  vessels  of  the  United 
States. 

VII.  Sale  of  vessels  of  war. 

VIII.  Prizes. 

IX.  Sale  of  prizes. 

X.  United  States  prizes. 

XI.  Treatment  of  ships  of  war. 


XII.  Slaves. 

XIII.  Estates  of  citizens  of  United 

States. 

XIV.  Purchase  of  goods ; payment  of 

debts. 

XV.  Disputes. 

XVI.  Crimes. 

XVII.  Consuls. 

XVIII.  War. 

XIX.  Capture  of  citizens. 

XX.  Salute  to  vessels  of  war. 

XXI.  Free  entry  for  consuls. 

XXII.  Declaration  of  war. 


Article  I. 


From  the  date  of  the  present  treaty  there  shall  subsist  a firm  and 
sincere  peace  and  amity  between  the  President  and  citizens  of  the 
United  States  of  North  America  and  Hassan  Bashaw,  Dey  of  Algiers, 
his  Divan  and  subjects;  the  vessels  and  subjects  of  both  nations 
reciprocally  treating  each  other  with  civility,  honor  and  respect. 

Article  II. 


All  vessels  belonging  to  the  citizens  of  the  United  States  of  North 
American  shall  be  permitted  to  enter  the  different  ports  of  the 
Regency,  to  trade  with  our  subjects,  or  any  other  persons  residing 
within  our  jurisdiction,  on  paying  the  usual  duties  at  our  customs 
house  that  is  paid  by  all  nations  at  peace  with  this  Regency ; observ- 

“ This  treaty  was  superseded  by  the  treaty  of  1815.  Algiers  having  become  a 
province  of  France  in  1830,  the  treaties  with  that  country  became  obsolete. 

24449— VOL  1—10 1 


2 


TREATIES,  CONVENTIONS,  ETC. 


ing  that  all  goods  disembarked  and  not  sold  here  shall  be  permitted 
to  be  re-embarked  without  paying  any  duty  whatever,  either  for  dis- 
embarking or  embarking.  All  naval  and  military  stores,  such  as  gun- 
powder, lead,  iron,  plank,  sulphur,  timber  for  building,  tar,  pitch, 
rosin,  turpentine,  and  any  other  goods  denominated  naval  and  mili- 
tary stores,  shall  be  permitted  to  be  sold  in  this  Regency  without  pay- 
ing any  duties  whatever  at  the  custom-house  of  this  Regency. 

Article  III. 

The  vessels  of  both  nations  shall  pass  each  other  without  any  im- 
pediment or  molestation;  and  all  goods,  moneys  or  passengers,  of 
whatsoever  nation,  that  may  be  on  board  of  the  vessels  belonging 
to  either  party  shall  be  considered  as  inviolable,  and  shall  be  allowed 
to  pass  unmolested. 

Article  IV. 

All  ships  of  war  belonging  to  this  Regency,  on  meeting  with  mer- 
chant-vessels belonging  to  citizens  of  the  United  States,  shall  be  al- 
lowed to  visit  them  with  two  persons  only  beside  the  rowers;  these 
two  only  permitted  to  go  on  board  said  vessel  without  obtaining  ex- 
press leave  from  the  commander  of  said  vessel,  who  shall  compare 
the  passport,  and  immediately  permit  said  vessel  to  proceed  on  her 
voyage  unmolested.  All  ships  of  war  belonging  to  the  United  States 
of  North  America,  on  meeting  with  an  Algerine  cruiser,  and  shall 
have  seen  her  passport  and  certificate  from  the  Consul  of  the  United 
States  of  North  America,  resident  in  this  Regency,  shall  be  permitted 
to  proceed  on  her  cruise  unmolested ; no  passport  to  be  issued  to  any 
ships  but  such  as  are  absolutely  the  property  of  citizens  of  the  United 
States,  and  eighteen  months  shall  be  the  term  allowed  for  furnishing 
the  ships  of  the  United  States  with  passports. 

Article  V. 

No  commander  of  any  cruiser  belonging  to  this  Regency  shall  be 
allowed  to  take  any  person,  of  whatever  nation  or  denomination,  out 
of  any  vessel  belonging  to  the  United  States  of  North  America,  in 
order  to  examine  them,  or  under  pretence  of  making  them  confess 
anything  desired ; neither  shall  they  inflict  any  corporal  punishment, 
or  any  way  else  molest  them. 

Article  VI. 

If  any  vessel  belonging  to  the  United  States  of  North  America  shall 
be  stranded  on  the  coast  of  this  Regency,  they  shall  receive  every 
possible  assistance  from  the  subjects  of  this  Regency.  All  goods 
saved  from  the  wreck  shall  be  permitted  to  be  re-embarked  on  board 
of  any  other  vessel  without  paying  any  duties  at  the  custom-house. 

Article  VII. 

The  Algerines  are  not,  on  any  pretence  whatever,  to  give  or  sell  any 
vessel  of  war  to  any  nation  at  war  with  the  United  States  of  North 
America,  or  any  vessel  capable  of  cruising  to  the  detriment  of  the 
commerce  of  the  United  States. 


ALGIEKS — 1795. 


3 


Article  VIII. 

Any  citizen  of  the  United  States  of  North  America,  having  bought 
any  prize  condemned  by  the  Algerines,  shall  not  be  again  captured  by 
the  cruisers  of  the  Regency  then  at  sea,  although  they  have  not  a 
passport;  a certificate  from  the  Consul  Resident  being  deemed  suffi- 
cient until  such  time  they  can  procure  such  passport. 

Article  IX. 

If  any  of  the  Barbary  States  at  war  with  the  United  States  of 
North  America  shall  capture  any  American  vessel  and  bring  her  into 
any  of  the  ports  of  this  Regency,  they  shall  not  be  permitted  to  sell 
her,  but  shall  depart  the  port  on  procuring  the  requisite  supplies  of 
provision. 

Article  X. 

Any  vessel  belonging  to  the  United  States  of  North  America,  when 
at  war  with  any  other  nation,  shall  be  permitted  to  send  their  prizes 
into  the  ports  of  the  Regency,  have  leave  to  dispose  of  them  without 
paying  any  duties  on  sale  thereof.  All  vessels  wanting  provisions 
or  refreshments  shall  be  permitted  to  buy  them  at  market  price. 

Article  XI. 

All  ships  of  war  belonging  to  the  United  States  of  North  America, 
on  anchoring  in  the  ports  of  the  Regency,  shall  receive  the  usual 
presents  of  provisions  and  refreshments  gratis.  Should  any  of  the 
slaves  of  this  Regency  make  their  escape  on  board  said  vessels,  they 
shall  be  immediately  returned.  No  excuse  shall  be  made  that  they 
have  hid  themselves  amongst  the  people  and  cannot  be  found,  or 
any  other  equivocation. 


Article  XII. 

No  citizen  of  the  United  States  of  North  America  shall  be  obliged 
to  redeem  any  slave  against  his  will,  even  should  he  be  his  brother; 
neither  shall  the  owner  of  a slave  be  forced  to  sell  him  against  his 
will,  but  all  such  agreements  must  be  made  by  consent  of  parties. 
Should  any  American  citizen  be  taken  on  board  an  enemy  ship  by 
the  cruisers  of  this  Regency,  having  a regular  passport  specifying 
they  are  citizens  of  the  United  States,  they  shall  be  immediately 
set  at  liberty.  On  the  contrary,  they  having  no  passport,  they  and 
their  property  shall  be  considered  lawful  prize,  as  this  Regency 
know  their  friends  by  their  passports. 

Article  XIII. 

Should  any  of  the  citizens  of  the  United  States  of  North  America 
die  within  the  limits  of  this  Regency,  the  Dey  and  his  subjects  shall 
not  interfere  with  the  property  of  the  deceased ; but  it  shall  be  under 
the  immediate  direction  of  the  Consul,  unless  otherwise  disposed  of 
lay  will.  Should  there  be  no  Consul,  the  effects  shall  be  deposited 
in  the  hands  of  some  person  worthy  of  trust  until  the  party  shall 


4 


TREATIES,  CONVENTIONS,  ETC. 


appear  who  has  a right  to  demand  them,  when  they  shall  render  an 
account  of  the  property.  Neither  shall  the  Dey  or  Divan  give  hin- 
drance in  the  execution  of  any  will  that  may  appear. 

Article  XIV. 

No  citizen  of  the  United  States  of  North  America  shall  be  obliged 
to  purchase  any  goods  against  his  wdll,  but  on  the  contrary,  shall  be 
allowed  to  purchase  whatever  it  pleaseth  him.  The  Consul  of  the 
United  States  of  North  America,  or  any  other  citizen,  shall  not  be 
answerable  for  debts  contracted  by  any  one  of  their  own  nation, 
unless  previously  they  have  given  a written  obligation  so  to  do. 
Should  the  Dey  want  to  freight  any  American  vessel  that  may  be 
in  the  Regency,  or  Turkey,  said  vessel  not  being  engaged,  in  conse- 
quence of  the  friendship  subsisting  between  the  two  nations  he 
expects  to  have  the  preference  given  him,  on  his  paying  the  same 
freight  offered  by  any  other  nation. 

Article  XV. 

Any  disputes  or  suits  at  law  that  may  take  place  between  the  sub- 
jects of  the  Regency  and  the  citizens  of  the  United  States  of  North 
America  shall  be  decided  by  the  Dey  in  person,  and  no  other.  Any 
disputes  that  may  arise  between  the  citizens  of  the  United  States 
shall  be  decided  by  the  Consul,  as  they  are  in  such  cases  not  subject 
to  the  laws  of  this  Regency. 

Article  XVI. 

Should  any  citizen  of  the  United  States  of  North  America  kill, 
wound  or  strike  a subject  of  this  Regency,  he  shall  be  punished  in 
the  same  manner  as  a Turk,  and  not  with  more  severity.  Should 
any  citizen  of  the  United  States  of  North  America  in  the  above 
predicament,  escape  prison,  the  Consul  shall  not  become  answerable 
for  him. 

Article  XVII. 

The  Consul  of  the  United  States  of  North  America  shall  have 
every  personal  security  given  him  and  his  household.  He  shall 
have  liberty  to  exercise  his  religion  in  his  own  house.  All  slaves 
of  the  same  religion  shall  not  be  impeded  in  going  to  said  Con- 
sul’s house  at  hours  of  prayer.  The  Consul  shall  have  liberty  and 
personal  security  given  him  to  travel,  wherever  he  pleases,  within 
the  Regency.  He  shall  have  free  license  to  go  on  board  any  vessel 
lying  in  our  roads,  whenever  he  shall  think  fit.  The  Consul  shall 
have  leave  to  appoint  his  own  dragoman  and  broker. 

Article  XVIII. 

Should  a war  break  out  between  the  two  nations,  the  Consul  of  the 
United  States  of  North  Ameripa,  and  all  citizens  of  said  States,  shall 
have  leave  to  embark  themselves  and  property  unmolested  on  board 
of  what  vessel  or  vessels  they  shall  think  proper. 


ALGIERS 1795. 


5 


Article  XIX. 

Should  the  cruisers  of  Algiers  capture  any  vessel  having  citizens  of 
the  United  States  of  Xorth  America  on  board,  they  having  papers  to 
prove  they  are  really  so,  they  and  their  property  shall  be  immedi- 
ately discharged.  And  should  the  vessels  of  the  United  States  cap- 
ture* any  vessels  of  nations  at  war  with  them,  having  subjects  of  this 
Regency  on  board,  they  shall  be  treated  in  like  manner. 

Article  XX. 

On  a vessel  of  war  belonging  to  the  United  States  of  Xorth  Amer- 
ica anchoring  in  our  ports,  the  Consul  is  to  inform  the  Dey  of  her 
arrival,  and  she  shall  be  saluted  with  twenty-one  guns,  which  she  is  to 
return  in  the  same  quantity  or  number.  And  the  Dey  will  send  fresh 
provisions  on  board,  as  is  customariq  gratis. 

Article  XXI. 

The  Consul  of  the  United  States  of  Xorth  America  shall  not  be 
required  to  pay  duty  for  anything  he  brings  from  a foreign  country 
for  the  use  of  his  house  and  family. 


Article  XXII. 


Should  any  disturbance  take  place  between  the  citizens  of  the 
United  States  and  the  subjects  of  this  Regency,  or  break  any  article 
of  this  treaty,  war  shall  not  be  declared  immediately,  but  everything 
shall  be  searched  into  regularly.  The  party  injured  shall  be  made 
reparation. 

On  the  21st  of  the  Luna  of  Safer,  1210,  corresponding  with  the 
6th  September,  1795,  Joseph  Donaldson,  jun.,  on  the  part  of  the 
United  States  of  Xorth  America,  agreed  with  Hassan  Bashaw,  Dey 
of  Algiers,  to  keep  the  articles  contained  in  this  treaty  sacred  and 
inviolable,  which  we,  the  Dey  and  Divan,  promise  to  observe,  on  con- 
sideration of  the  United  States  paying  annually  the  value  of  twelve 
thousand  Algerine  sequins  in  maritime  stores.  Should  the  United 
States  forward  a larger  quantity,  the  overplus  shall  be  paid  for  in 
money  by  the  Dey  and  Regency.  Any  vessel  that  may  be  captured 
from  the  date  of  this  treaty  of  peace  and  amity  shall  immediately  be 
delivered  up  on  her  arrival  in  Algiers. 

Vizir  Hassan  Bashaw. 

Joseph  Donaldson,  Jun. 

[Seal  of  .\lglers  stamped  at  the  foot  of  the  original  treaty  in  Arabic.] 


To  all  to  whom  these  jiresents  shall  come  or  be  made  known: 

Whereas  the  underwritten,  David  Humphreys,  hath  been  duly  ap- 
pointed Commissioner  Plenipotentiary  by  letters-patent,  under  the 
signature  of  the  President  and  seal  of  the  United  States  of  America:, 
dated  the  .30th  of  March,  1795,  for  negociating  and  concluding  a treaty 
of  peace  with  the  Dey  and  Governors  of  Algiers ; whereas,  by  instruc- 


6 


TREATIES,  CONVENTIONS,  ETC, 


tions,  given  to  him  on  the  part  of  the  Executive,  dated  the  28th  of 
March  and  4th  of  April,  1795,  he  hath  been  further  authorized  to 
employ  Joseph  Donaldson,  junior,  on  an  agency  in  the  said  business; 
whereas,  by  a writing  under  his  hand  and  seal,  dated  21st  May,  1795, 
he  did  constitute  and  appoint  Joseph  Donaldson,  junior,  agent  in  the 
business  aforesaid;  and  the  said  Joseph  Donaldson,  jun.,  did,  on  the 
5th  of  September,  1795,  agree  with  Hassan  Bashaw,  Dey  of  Algiers, 
to  keep  the  articles  of  the  preceeding  treaty  sacred  and  inviolable : 

Now  know  ye  that  I,  David  Humphreys,  Commissioner  Plenipoten- 
tiary aforesaid,  do  approve  and  conclude  the  said  treaty,  and  every 
article  and  clause  therein  contained ; reserving  the  same,  nevertheless, 
for  the  final  ratification  of  the  President  of  the  United  States  of 
America,  by  and  with  the  advice  and  consent  of  the  Senate  of  the  said 
United  States. 

In  testimony  whereof  I have  signed  the  same  with  my  hand  and 
seal,  at  the  city  of  Lisbon,  this  28th  of  November,  1795. 

[seal.]  David  Humphreys. 


1815.“ 

Treaty  or  Peace  and  Amity. 

Concluded  June  30  and  July  6,  1815;  ratification  advised  Ijy  the 
Senate  December  21,  1816;  yroclaimed  December  26,  1815. 

Articles. 


I.  Amity,  navigation  and  com- 
merce. 

II.  Abolition  of  tribute. 

III.  Delivering  of  American  citi- 

zens. 

IV.  Indemnification  to  American 

citizens. 

V.  Enemy’s  property. 

VI.  Citizens  on  board  enemy’s  ves- 
sels. 

VII.  Passports  to  vessels. 

VIII.  Sufficiency  of  passports. 

IX.  Price  of  provisions. 

X.  Wrecks. 


XI.  Vessels  in  port. 

XII.  Most  favored  nation. 

XIII.  Responsibility  of  consuls. 

XIV.  Salute  to  vessels. 

XV.  Religious  liberty ; consuls. 

XVI.  Settlement  of  disputes. 

XVII.  Prisoners  of  war. 

XVIII.  Capture  of  vessels;  prizes. 

XIX.  Settlement  of  disputes. 

XX.  Assault ; trial ; punisbment. 

XXI.  Free  entry  for  consuls. 

XXII.  Estates  citizens  of  United 
States. 


Article  I. 

There  shall  be,  from  the  conclusion  of  this  treaty,  a firm,  inviolable, 
and  universal  peace  and  friendship  between  the  President  and  citizens 
of  the  United  States  of  America  on  the  one  part,  and  the  Dey  and 
subjects  of  the  Regency  of  Algiers,  in  Barbary,  on  the  other,  made  by 
the  free  consent  ox  both  parties  and  on  the  terms  of  the  most  favored 
nations.  And  if  either  party  shall  hereafter  grant  to  any  other 
nation  any  particular  favor  or  privilege  in  navigation  or  commerce,  it 
shall  immediately  become  common  to  the  other  party ; freely,  when  it 
is  freely  granted  to  such  other  nations,  but  when  the  grant  is  condi- 


“Algiers  having  become  a province  of  France  in  IS.SO  this  treaty  In'cnme 
obsolete. 


ALGIERS 1815. 


7 


tional,  it  shall  be  at  the  option  of  the  contracting  parties  to  accept, 
alter,  or  reject  such  conditions,  in  such  manner  as  shall  be  most 
conducive  to  their  respective  interests. 

Article  II. 

It  is  distinctly  understood  between  the  contracting  parties,  that  no 
tribute,  either  as  biennial  presents,  or  under  any  other  form  or  name 
whatever,  shall  ever  be  required  bj'  the  Dey  and  Regency  of  Algiers 
from  the  United  States  of  America,  on  any  pretext  whatever. 

Article  III. 

The  Dey  of  Algiers  shall  cause  to  be  immediately  delivered  up  to 
the  American  squadron  now  off  Algiers  all  the  American  citizens  now 
in  his  possession,  amounting  to  ten,  more  or  less;  and  all  the  subjects 
of  the  Dey  of  Algiers,  now  in  possession  of  the  United  States,  amount- 
ing to  five  hundred,  more  or  less,  shall  be  delivered  up  to  him ; the 
United  States,  according  to  the  usages  of  civilized  nations,  requiring 
no  ransom  for  the  excess  of  prisoners  in  their  favor. 

Article  IV. 

A just  and  full  compensation  shall  be  made  by  the  Dey  of  Algiers  to 
such  citizens  of  the  United  States  as  have  been  captured  and  detained 
by  Algerine  cruisers,  or  who  have  been  forced  to  abandon  their  prop- 
erty in  Algiers,  in  violation  of  the  twenty-second  article  of  the  treaty 
of  peace  and  amity  concluded  between  the  United  States  and  the  Dey 
of  Algiers  on  the  fifth  of  September,  one  thousand  seven  hundred  and 
ninety-five. 

And  it  is  agreed  between  the  contracting  parties,  that,  in  lieu  of  the 
above,  the  Dey  of  Algiers  shall  cause  to  be  delivered  forthwith  into  the 
hands  of  the  American  Consul  residing  at  Algiers,  the  whole  of  a quan- 
tity of  bales  of  cotton  left  by  the  late  Consul-General  of  the  United 
States  in  the  public  magazines  in  Algiers ; and  that  he  shall  pay  into 
the  hands  of  the  said  Consul  the  sum  of  ten  thousand  Spanish  dollars 

Article  V. 

If  any  goods  belonging  to  any  nation  with  which  either  of  the 
parties  are  at  war  should  be  loaded  on  board  vessels  belonging  to 
the  other  party,  they  shall  pass  free  and  unmolested,  and  no  attempts 
shall  be  made  to  take  or  detain  them. 

Article  VI. 

If  any  citizens  or  subjects,  with  their  effects,  belonging  to  either 
party,  shall  be  found  on  board  a prize  vessel  taken  from  an  enemy 
by  the  other  party,  such  citizens  or  subjects  shall  be  liberated  im- 
mediately, and  in  no  case,  or  on  any  other  pretence  whatever,  shall 
any  American  citizen  be  kept  in  captivity  or  confinement,  or  the 
property  of  any  American  citizen  found  on  board  of  any  vessel  be- 
longing to  any  other  nation  with  which  Algiers  may  be  at  war  be 
detained  from  its  lawful  owners  after  the  exhibition  of  sufficient 
proofs  of  American  citizenship  and  of  American  property,  by  the 
Consul  of  the  United  States  residing  at  Algiers. 


See  treaty  of  1816. 


8 


TREATIES,  CONVENTIONS,  ETC. 
Article  VII. 


Proper  passports  shall  immediately  be  given  to  the  vessels  of  both 
the  contracting  parties,  on  condition  that  the  vessels  of  war  belonging 
to  the  Kegency  of  Algiers,  on  meeting  with  merchant-vessels  belong- 
ing to  the  citizens  of  the  United  States  of  America,  shall  not  be  per- 
mitted to  visit  them  with  more  than  two  persons  besides  the  rowers; 
these  only  shall  be  permitted  to  go  on  board  without  first  obtaining 
leave  from  the  commander  of  said  vessel,  who  shall  compare  the  pass- 
port, and  immediately  permit  said  vessel  to  proceed  on  her  voyage; 
and  should  any  of  the  subjects  of  Algiers  insult  or  molest  the  com- 
mander, or  any  other  person,  on  board  a vessel  so  visited,  or  plunder 
any  of  the  property  contained  in  her,  on  complaint  being  made  by 
the  Consul  of  the  United  States  residing  in  Algiers,  and  on  his  pro- 
ducing sufficient  proof  to  substantiate  the  fact,  the  commander  or 
rais  of  said  Algerine  ship  or  vessel  of  war,  as  well  as  the  offenders, 
shall  be  punished  in  the  most  exemplary  manner. 

All  vessels  of  war  belonging  to  the  United  States  of  America,  on 
meeting  a cruiser  belonging  to  the  Eegency  of  Algiers,  on  having 
seen  her  passports  and  certificates  from  the  Consul  of  the  United 
States  residing  in  Algiers,  shall  permit  her  to  proceed  on  her  cruise 
unmolested  and  without  detention.  No  passport  shall  be  granted  by 
either  party  to  any  vessels  but  such  as  are  absolutely  the  property 
of  citizens  or  subjects  of  the  said  contracting  parties,  on  any  pretence 
whatever. 


Article  VIII. 

A citizen  or  subject  of  either  of  the  contracting  parties  having 
bought  a prize  vessel  condemned  by  the  other  party,  or  by  any  other 
nation,  the  certificates  of  condemnation  and  bill  of  sale  shall  be  a 
sufficient  passport  for  such  vessel  for  six  months ; which,  considering 
the  distance  between  the  two  countries,  is  no  more  than  a reasonable 
time  for  her  to  procure  proper  passports. 

Article  IX. 

Vessels  of  either  of  the  contracting  parties  putting  into  ports  of 
the  other,  and  having  need  of  provisions  or  other  supplies,  shall  be 
furnished  at  the  market  price;  and  if  any  such  vessel  should  so  put 
in  from  a disaster  at  sea,  and  have  occasion  to  repair,  she  shall  be 
at  liberty  to  land  and  re-embark  her  cargo  without  pajdng  any  cus- 
toms or  duties  whatever;  but  in  no  case  shall  she  be  compelled  to 
land  her  cargo. 

.Article  X. 

Should  a vessel  of  either  of  the  contracting  parties  be  cast  on  shore 
within  the  territories  of  the  other,  all  proper  assistance  shall  be  given 
to  her  crew ; no  pillage  shall  be  allowed ; the  property  shall  remain 
at  the  disposal  of  the  owners;  and,  if  reshipped  on  board  of  any 
vessel  for  exportation,  no  customs  or  duties  whatever  shall  be  re- 
quired to  be  paid  thereon,  and  the  crew  shall  be  protected  and  suc- 
cored until  they  can  be  sent  to  their  own  country. 


ALGIERS — 1815. 


9 


Article  XI. 

If  a vessel  of  either  of  the  contracting  parties  shall  be  attacked  by 
an  enemy  within  cannon-shot  of  the  forts  of  the  other,  she  shall  be 
protected  as  much  as  is  possible.  If  she  be  in  port  she  shall  not  be 
seized  or  attacked  when  it  is  in  the  power  of  the  other  party  to  pro- 
tect her;  and,  when  she  proceeds  to  sea,  no  enemy  shall  be  permitted 
to  pursue  her  from  the  same  port  within  twenty-four  hours  after  her 
departure. 

Article  XII. 

The  commerce  between  the  United  States  of  America  and  the 
Regency  of  Algiers,  the  protections  to  be  given  to  merchants,  masters 
of  vessels,  and  seamen,  the  reciprocal  rights  of  establishing  Consuls  in 
each  country,  and  the  privileges,  immunities,  and  jurisdictions  to  be 
enjoyed  b}'^  such  Consuls,  are  declared  to  be  on  the  same  footing,  in 
every  respect,  with  the  most  favored  nations,  respectively. 

Article  XIII. 

The  Consul  of  the  United  States  of  America  shall  not  be  responsible 
for  the  debts  contracted  by  citizens  of  his  own  nation,  unless  he 
previously  gives  written  obligations  so  to  do. 

Article  XIV. 

On  a vessel  or  vessels  of  war  belonging  to  the  United  States  an- 
choring before  the  city  of  Algiers,  the  Consul  is  to  inform  the  Dey  of 
her  arrival,  when  she  shall  receive  the  salutes  which  are,  by  treaty  or 
custom,  given  to  the  ships  of  war  of  the  most  favored  nations  on 
similar  occasions,  and  which  shall  be  returned  gun  for  gun;  and  if, 
after  such  arrival,  so  announced,  any  Christians  whatsoever,  captives 
in  Algiers,  make  their  escape  and  take  refuge  on  board  any  of  the 
ships  of  war,  they  shall  not  be  required  back  again,  nor  shall  the 
Consul  of  the  United  States  or  commanders  of  said  ships  be  required 
to  pay  anything  for  the  said  Christians. 

Article  XV. 

As  the  Government  of  the  United  States  of  America  has,  in  itself, 
no  character  of  enmity  against  the  laws,  religion,  or  tranquillity  of 
any  nation,  and  as  the  said  States  have  never  entered  into  any  vol- 
untary war  or  act  of  hostility  except  in  defense  of  their  just  rights 
on  the  high  seas,  it  is  declared,  by  the  contracting  parties,  that  no 
pretext  arising  from  religious  opinions  shall  ever  produce  an  inter- 
ruption of  the  harmony  existing  between  the  two  nations;  and  the 
Consuls  and  Agents  of  both  nations  shall  have  liberty  to  celebrate 
the  rites  of  their  respective  religions  in  their  own  houses. 

The  Consuls,  respectively,  shall  have  liberty  and  personal  security 
given  them  to  travel  within  the  territories  of  each  other,  both  by 
land  and  sea,  and  shall  not  be  prevented  from  going  on  board  any 
vessels  they  may  think  proper  to  visit ; they  shall  likewise  have  liberty 
to  appoint  their  own  dragoman  and  broker. 

Article  XVI. 

In  case  of  any  dispute  arising  from  the  violation  of  any  of  the 
articles  of  this  treaty,  no  appeal  shall  be  made  to  arms,  nor  shall  war 


10 


TREATIES,  CONVENTIONS,  ETC. 


be  declared  on  aii}^  iiretext  whatever;  but  if  the  Consul  residing  at 
the  place  where  the  dispute  shall  happen  shall  not  be  able  to  settle 
the  same,  the  Government  of  that  country  shall  state  their  grievance 
in  writing  and  transmit  the  same  to  the  Government  of  the  other,  and 
the  iieriod  of  three  months  shall  be  allowed  for  answers  to  be  returned, 
during  which  time  no  act  of  hostility  shall  be  permitted  by  either 
party ; and  in  case  the  grievances  are  not  redressed,  and  a war  should 
be  the  event,  the  Consuls  and  citizens  and  subjects  of  both  parties, 
respectively^,  shall  be  permitted  to  embark  with  their  effects  unmo- 
lested, on  board  of  what  vessel  or  vessels  they  shall  think  proper, 
reasonable  time  being  allowed  for  that  purpose. 

Article  XVII. 

If,  in  the  course  of  events,  a war  should  break  out  between  the  two 
nations,  the  prisoners  captured  by  either  party  shall  not  be  made 
slaves;  they  shall  not  be  forced  to  hard  labor,  or  other  confinement 
than  such  as  may  be  necessary  to  secure  their  safe-keeping,  and  shall 
be  exchanged  rank  for  rank ; and  it  is  agreed  that  prisoners  shall  be 
exchanged  in  twelve  months  after  their  capture;  and  the  exchange 
mav  be  effected  by  any  private  individual  legally  authorized  by  either 
of  the  parties. 

Article  XVIII. 

If  any  of  the  Barbary  States,  or  other  powers  at  war  with  the 
United  States,  shall  capture  any  American  vessel  and  send  her  into 
any  port  of  the  Regency  of  Algiers,  they  shall  not  be  permitted  to 
sell  her.  but  shall  be  forced  to  depart  the  port  on  procuring  the 
requisite  supplies  of  provisions;  but  the  vessels  of  war  of  the  United 
States,  with  any  prizes  thej'^  may  capture  from  their  enemies,  shall 
have  liberty  to  frequent  the  ports  of  Algiers  for  refreshments  of  any 
kind,  and  to  sell  such  prizes  in  the  said  ports,  without  any  other 
customs  or  duties  than  such  as  are  customary  on  ordinary  commercial 
importations. 

Article  XIX. 

If  any  of  the  citizens  of  the  United  States,  or  any  persons  under 
their  protection,  shall  have  any  disputes  with  each  other,  the  Consul 
shall  decide  between  the  parties;  and  whenever  the  Consul  shall 
require  any  aid  or  assistance  from  the  Government  of  Algiers  to  en- 
force his  decision,  it  shall  be  immediately  granted  to  him;  and  if 
any  disputes  shall  arise  between  any  citizens  of  the  United  States 
and  the  citizens  or  subjects  of  any  other  nation  having  a Consul  or 
Agent  in  Algiers,  such  disputes  shall  be  settled  by  the  Consuls  or 
Agents  of  the  respective  nations;  and  any  disputes  or  suits  at  law 
that  may  take  place  between  any  citizens  of  the  United  States  and  the 
subjects  of  the  Regency  of  Algiers,  shall  be  decided  by  the  Dey  in 
person,  and  no  other. 

Article  XX. 

If  a citizen  of  the  United  States  should  kill,  wound,  or  strike  a 
subject  of  Algiers,  or,  on  the  contrary,  a subject  of  Algiers  should 
kill,  wound,  or  strike  a citizen  of  the  United  States,  the  law  of  the 


ALGIERS — 1815-1816. 


11 


country  shall  take  place,  and  equal  justice  shall  be  rendered,  the 
Consul  assisting  at  the  trial ; but  the  sentence  of  punishment  against 
an  American  citizen  shall  not  be  greater  or  more  severe  than  it  Avould 
be  against  a Turk  in  the  same  predicament ; and  if  any  delinquent 
should  make  his  escape,  the  Consul  shall  not  be  responsible  for  him 
in  anv  manner  whatever. 


Article  XXI. 

The  Consul  of  the  United  States  of  America  shall  not  be  required 
to  pay  any  customs  or  duties  whatever  on  anything  he  imports  from 
a foreign  country  for  the  use  of  his  house  and  family. 

Article  XXII. 

Should  any  of  the  citizens  of  the  United  States  of  America  die 
within  the  limits  of  the  Regency  of  Algiers,  the  Dey  and  his  subjects 
shall  not  interfere  with  the  property  of  the  deceased,  but  it  shall  be 
under  the  immediate  direction  of  the  Consul,  unless  otherwise  dis- 
posed of  b}^  Avill.  Should  there  be  no  Consul,  the  effects  shall  be 
deposited  in  the  hands  of  some  person  worthy  of  trust,  until  the 
party  shall  appear  who  has  a right  to  demand  them,  when  the}^  shall 
render  an  account  of  the  property ; neither  shall  the  Dey  or  his  sub- 
jects gii'e  hindrance  in  the  execution  of  any  will  that  may  appear. 

I certify  the  foregoing  to  be  a true  copy  of  a treaty  of  peace 
negotiated  by  Commodore  Decatur  and  myself  with  the  Regency  of 
Algiers,  and  signed  bv  the  Dey  of  that  Regency  on  the  30th  June, 
1815. 

On  board  the  United  States  ship  Guerriere,  6th  July,  1815. 

Wji.  Shaler. 


1816.“ 

Renevtid  Treaty  of  Peace  and  Amity. 

Concluded  Decemher  22  and  23^  1816;  ratification  advised  l>y  the  Sen- 
ate Fehmary  1, 1822;  proclaimed  February  11, 1822. 

Articles. 


I.  Amity ; navigation  and  com- 
merce. 

II.  Tribute. 

III.  Restitution  of  prisoners. 

IV.  Delivery  of  cotton. 

V.  Enemy’s  property. 

VI.  Subjects  or  citizens  on  board 
enemy’s  vessel. 

VII.  Passports  to  vessels. 

VIII.  Sufficiency  of  passports. 

IX.  Provisions;  cargo. 

X.  Wrecks. 

XI.  Vessels  in  port. 

XII.  Most  faA'ored  nation. 

“ Algiers  having  become  a province 
obsolete. 


XIII.  Responsibility  of  consuls. 

XIV.  Vessels  of  war. 

XV.  Religious  liberty ; consuls. 

XVI.  Settlement  of  disputes. 

XVII.  Prisoners  of  war. 

XVIII.  Capture  of  vessels;  prizes. 

XIX.  Settlement  of  disputes. 

XX.  Assault;  trial;  punishment. 

XXI.  Free  entry  for  consuls. 

XXII.  Estates  citizens  of  Lfnited 
States. 

Additional  Article:  Annulment  of  Ar- 
ticle XVIII. 


of  France  in  1830  the  treaty  became 


12 


TREATIES,  CONVENTIONS,  ETC. 


The  President  of  the  United  States  and  the  Dey  of  Algiers,  being 
desirous  to  restore  and  maintain,  upon  a stable  and  permanent  footing, 
the  relations  of  peace  and  good  understanding  between  the  two  pow- 
ers, and  for  this  purpose  to  renew  the  treaty  oi  peace  and  amity  Avhich 
VTis  concluded  betAveen  the  tAvo  States  by  William  Shaler  and  Com- 
modore Stephen  Decatur,  as  Commissioners  Plenipotentiary  on  the 
part  of  the  United  States,  and  His  Highness  Omar  PashaAv,  Dey  of 
Algiers,  on  the  30th  of  June,  1815. 

The  President  of  the  United  States  having  subsequently  nominated 
and  appointed,  by  commission,  the  above-named  William  Shaler, 
and  Isaac  Chauncey,  Commodore  and  Commander-in-Chief  of  all  the 
Naval  Forces  of  the  United  States  in  the  Mediteranean,  Commis- 
sioners Plenipotentiary,  to  treat  with  His  Highness  the  Dey  of 
Algiers  for  the  renewal  of  the  treaty  aforesaid ; and  they  have  con- 
cluded, settled  and  signed  the  folloAving  articles: 

Article  I. 

There  shall  be,  from  the  conclusion  of  this  treaty,  a firm,  perpetual, 
inviolable  and  universal  peace  and  friendship  betAA^een  the  President 
and  citizens  of  the  United  States  of  America,  on  the  one  part,  and  the 
Dey  and  subjects  of  the  Regency  of  Algiers,  in  Barbary,  on  the  other, 
made  by  the  free  consent  of  both  parties,  and  on  the  terms  of  the  most 
faA'ored  nations;  and  if  either  party  shall  hereafter  grant  to  any 
other  nation  any  particular  favor  or  priAulege  in  navigation  or  com- 
merce, it  sliall  immediately  become  common  to  the  other  party ; freely, 
Avhen  freely  it  is  granted  to  such  other  nations,  but  Avhen  the  grant  is 
conditional,  it  shall  be  at  the  option  of  the  contracting  parties  to 
accept,  alter  or  reject  such  conditions,  in  such  manner  as  shall  be  most 
conduciA'e  to  their  respective  interests. 

Article  II. 

It  is  distinctly  understood  between  the  contracting  parties  that  no 
tribute,  either  as  biennial  presents,  or  under  any  other  form  or  name 
whatever,  shall  be  required  by  the  Dey  and  Regency  of  Algiers  from 
the  United  States  of  America,  on  any  pretext  whatever. 

Article  III. 

Relates  to  the  mutual  restitution  of  prisoners  and  subjects,  and  has 
been  duly  executed. 

Article  IV. 

Relates  to  the  delii'ery,  into  the  hands  of  the  Consul  General,  of  a 
quantity  of  bales  of  cotton,  &c.,  and  has  been  duly  executed. 

Article  V. 

If  any  goods  belonging  to  any  nation  with  which  either  of  the 
parties  are  at  Avar,  should  be  loaded  on  board  A^essels  belonging  to  the 
other  party,  they  shall  jiass  free  and  unmolested,  and  no  attempt  shall 
be  made  to  take  or  detain  them, 


ALGIERS — 1816. 


13 


Article  VI. 

If  any  citizens  or  subjects,  belonging  to  either  party,  shall  be  found 
on  board  a prize  vessel  taken  from  an  enemy  by  the  other  party,  such 
citizens  or  subjects  shall  be  liberated  immediately,  and  in  no  case,  or 
on  any  pretense  whatever,  shall  any  American  citizen  be  kept  in 
captivity  or  confinement,  or  the  property  of  any  American  citizen 
found  on  board  of  any  vessel  belonging  to  any  nation  with  which 
Algiers  may  be  at  war,  be  detained  from  its  lawful  owners  after  the 
exhibition  of  sufficient  proofs  of  American  citizenship  and  American 
property,  by  the  Consul  of  the  United  States  residing  at  Algiers. 

Article  VII. 

Proper  passports  shall  immediately  be  given  to  the  vessels  of  both 
the  contracting  parties,  on  condition  that  the  vessels  of  war  belong- 
ing to  the  Regency  of  Algiers,  on  meeting  with  merchant  vessels  be- 
longing to  the  citizens  of  the  United  States  of  America,  shall  not  be 
permitted  to  visit  them  with  more  than  two  persons  besides  the 
rowers ; these  only  shall  be  permitted  to  go  on  board  without  first  ob- 
taining leave  from  the  commander  of  said  vessel,  who  shall  compare 
the  passports,  and  immediately  permit  said  vessel  to  proceed  on  her 
voyage;  and  should  any  of  the  subjects  of  Algiers  insult  or  molest  the 
commander,  or  any  other  person  on  board  a vessel  so  visited,  or 
plunder  any  of  the  property  contained  in  her,  on  complaint  being 
made  to  the  Consul  of  the  United  States  residing  in  Algiers,  and  on 
his  producing  sufficient  proofs  to  substantiate  the  fact,  the  commander 
or  rais  of  said  Algerine  ship  or  vessel  of  war,  as  well  as  the  offenders, 
shall  be  punished  in  the  most  exemplary  manner. 

All  vessels  of  war  belonging  to  the  United  States  of  America,  on 
meeting  a crusier  belonging  to  the  Regency  of  Algiers,  on  having  seen 
her  passports  and  certificates  from  the  Consul  of  the  United  States 
residing  in  Algiers,  shall  permit  her  to  proceed  on  her  cruise  un- 
molested, and  without  detention.  Ro  passport  shall  be  granted  by 
either  party  to  any  vessel  but  such  as  are  absolutely  the  property  of 
citizens  or  subjects  of  the  said  contracting  parties,  on  any  pretense 
whatever. 

Article  VIII. 

A citizen  or  subject  of  either  of  the  contracting  parties  having 
bought  a prize  vessel  condemned  by  the  other  party,  or  by  any  other 
nation,  the  certificates  of  condemnation  and  bill  of  sale  shall  be  a 
sufficient  passport  for  such  vessel  for  six  months ; which,  considering 
the  distance  between  the  two  countries,  is  no  more  than  a reasonable 
time  for  her  to  procure  passports. 

Article  IX. 

Vessels  of  either  of  the  contracting  parties  putting  into  the  ports  of 
the  other,  and  having  need  of  provisions  or  other  supplies,  shall  be 
furnished  at  the  market  price;  and  if  any  such  vessel  should  so  put 
in  from  a disaster  at  sea,  and  having  occasion  to  repair,  she  shall  be 
at  liberty  to  land  and  re-embark  her  cargo,  without  paying  any  cus- 
toms or  duties  whatever;  but  in  no  case  shall  be  compelled  to  land 
her  cargo. 


14 


TREATIES,  CONVENTIONS,  ETC. 


Article  X. 

Should  a vessel  of  either  of  the  contracting  parties  be  cast  on  shore 
within  the  territories  of  the  other,  all  jDroper  assistance  shall  be  given 
to  her  and  her  crew ; no  pillage  shall  be  allowed ; the  laropert}’-  shall 
remain  at  the  disposal  of  the  owners;  and,  if  reshipped  on  board  of 
any  vessel  for  exportation,  no  customs  or  duties  whatever  shall  be  re- 
quired to  be  iiaid  thereon,  and  the  crew  shall  be  jirotected  and  suc- 
cored until  they  can  be  sent  to  their  own  country. 

Article  XI. 

If  a vessel  of  either  of  the  contracting  parties  shall  be  attacked  by 
an  eneni}^  within  cannon  shot  of  the  forts  of  the  other,  she  shall  be 
protected  as  much  as  is  possible.  If  she  be  in  port,  she  shall  not  be 
seized  or  attacked  when  it  is  in  the  power  of  the  other  party  to  pro- 
tect her ; and  when  she  proceeds  to  sea,  no  enemj^  shall  be  permitted 
to  pursue  her  from  the  same  port  within  twenty-four  hours  after  her 
departure. 

Article  XII. 

The  commerce  between  the  United  States  of  America  and  the 
Regency  of  Algiers,  the  protections  to  be  given  to  merchants,  masters 
of  vessels  and  seamen,  the  reciprocal  rights  of  establishing  Consuls  in 
each  country,  the  privileges,  immunities  and  jurisdictions  to  be  en- 
joyed by  such  Consuls,  are  declared  to  be  on  the  same  footing,  in 
every  respect,  with  the  most  favored  nations,  respectively. 

Article  XIII. 

The  Consul  of  the  United  States  of  America  shall  not  be  responsible 
for  the  debts  contracted  by  the  citizens  of  his  own  country,  unless  he 
gives  jireviously  Avritten  obligations  so  to  do. 

Article  XIV. 

On  a vessel  or  vessels  of  war  belonging  to  the  United  States  anchor- 
ing before  the  city  of  Algiers,  the  Consul  is  to  inform  the  Dey  of  her 
arrival,  Avhen  she  shall  receiA^e  the  salutes  wdiich  are,  by  treaty  or 
custom,  given  to  the  ships  of  Avar  of  the  most  favored  nations  on 
similar  occasions,  and  which  shall  be  returned  gun  for  gun;  and  if, 
after  such  arrival,  so  announced,  any  Christians  Avhatever,  captives 
in  Algiers,  make  their  escape  and  take  refuge  on  board  any  of  the 
said  ships  of  war,  they  shall  not  be  required  back  again,  nor  shall 
the  Consul  of  the  United  States  or  commander  of  the  said  ship  be 
required  to  pay  anything  for  the  said  Christians. 

Article  XV. 

As  the  Government  of  the  United  States  has,  in  itself,  no  character 
of  enmity  against  the  laAVS,  religion  or  tranquillity  of  any  nation, 
and  as  the  said  States  have  never  entered  into  any  Amluntary  Avar  or 
act  of  hostility  except  in  defense  of  their  just  rights  on  the  high 
seas,  it  is  declared  by  the  contracting  parties,  that  no  pretext  arising 


ALGIERS — 1816. 


15 


from  religious  opinions  shall  ever  produce  an  interruption  of  the 
harmony  between  the  two  nations;  and  the  Consuls  and  Agents  of 
both  nations  shall  have  liberty  to  celebrate  the  rights  of  their  respec- 
tive religions  in  their  own  houses. 

The  Consuls,  respectively,  shall  have  liberty  and  personal  security 
given  them  to  travel  within  the  territories  of  each  other  by  land  and 
sea,  and  shall  not  be  jirevented  from  going  on  board  any  vessel  they 
may  think  projDer  to  visit;  they  shall  likewise  have  the  liberty  to 
appoint  their  own  dragoman  and  broker. 

Article  XVI. 

In  case  of  any  dispute  arising  from  the  violation  of  any  of  the  ar- 
ticles of  this  treaty  no  appeal  shall  be  made  to  arms,  nor  shall  war 
be  declared  on  any  pretext  whatever;  but  if  the  Consul  residing  at 
the  place  where  the  dispute  shall  happen,  shall  not  be  able  to  settle 
the  same,  the  Government  of  that  country  shall  state  their  grievance 
in  writing,  and  transmit  the  same  to  the  Government  of  the  other, 
and  the  period  of  three  months  shall  be  allowed  for  answers  to  be 
returned,  during  which  time  no  act  of  hostility  shall  be  permitted  by 
either  jiarty;  and  in  case  the  grievances  are  not  redressed,  and  a war 
should  be  the  event,  the  Consuls,  and  citizens,  and  subjects  of  both 
parties,  respectively,  shall  be  permitted  to  embark  with  their  effects 
unmolested  on  board  of  what  vessel  or  vessels  they  shall  think  proper, 
reasonable  time  being  allowed  for  that  purpose. 

Article  XVII. 

If,  in  the  course  of  events,  a war  should  break  out  between  the  two 
nations,  the  prisoners  captured  by  either  party  shall  not  be  made 
slaves;  they  shall  not  be  forced  to  hard  labor,  or  other  confinement 
than  such  as  may  be  necessary  to  secure  their  safe-keeping,  and  shall 
be  exchanged  rank  for  rank;  and  it  is  agreed  that  prisoners  shall  be 
exchanged  in  twelve  months  after  their  capture;  and  the  exchange 
may  be  effected  by  any  private  individual  legally  authorized  by 
either  of  the  parties. 

Article  XVIII. 

If  any  of  the  Barbary  Powers,  or  other  States  at  war  with  the 
United  States,  shall  capture  any  American  vessel  and  send  her  into 
any  port  of  the  Regency  of  Algiers,  they  shall  not  be  permitted  to 
sell  her,  but  shall  be  forced  to  depart  the  port  on  procuring  the 
requisite  supplies  of  provisions ; but  the  vessels  of  war  of  the  United 
States,  with  any  prizes  they  may  capture  from  their  enemies,  shall 
have  liberty  to  frequent  the  ports  of  Algiers  for  refreshment  of  anj^’ 
kind,  and  to  sell  such  prizes  in  the  said  ports,  without  paying  any 
other  customs  or  duties  than  such  as  are  customary  on  ordinar}^ 
commercial  importations. 


Article  XIX. 

If  any  of  the  citizens  of  the  United  States,  or  any  i^ersons  under 
their  protection,  shall  have  any  disputes  with  each  other,  the  Consul 


16 


TREATIES,  CONVENTIONS,  ETC. 


shall  decide  between  the  parties;  and  whenever  the  Consul  shall  re- 
quire anf  aid  or  assistance  from  the  Government  of  Algiers  to  enforce 
his  decision,  it  shall  be  immediately  granted  to  him;  and  if  any  dis- 
jiutes  shall  arise  between  any  citizens  of  the  United  States  aiid  the 
citizens  or  subjects  of  any  other  nations  having  a Consul  or  Agent 
in  Algiers,  such  disputes  shall  be  settled  by  the  Consuls  or  Agents 
of  the  respective  nations;  and  any  disputes  or  suits  at  law  that  may 
take  place  between  an}'  citizens  of  the  United  States  and  the  sub- 
jects of  the  Eegency  of  Algiers,  shall  be  decided  by  the  Dey  in  person, 
and  no  other. 

Article  XX. 

If  a citizen  of  the  United  States  should  kill,  wound  or  strike  a sub- 
ject of  Algiers,  or,  on  the  contrary,  a subject  of  Algiers  should  kill, 
wound  or  strike  a citizen  of  the  United  States,  the  law  of  the  country 
shall  take  place,  and  equal  justice  shall  be  rendered,  the  Consul  assist- 
ing at  the  trial ; but  the  sentence  of  punishment  against  an  American 
citizen  shall  not  be  greater  or  more  severe  than  it  would  be  against 
a Turk  in  the  same  predicament;  and  if  any  delinquent  should  make 
his  escape,  the  Consul  shall  not  be  responsible  for  him  in  any  man- 
ner whatever. 


Article  XXI. 

The  Consul  of  the  United  States  of  America  shall  not  be  required 
to  pay  any  customs  or  duties  whatever  on  anything  he  imports  from 
a foreign  country  for  the  use  of  his  house  and  family. 

Article  XXII. 

Should  any  of  the  citizens  of  the  United  States  of  America  die 
within  the  Regency  of  Algiers,  the  Dey  and  his  subjects  shall  not 
interfere  with  the  property  of  the  deceased,  but  it  shall  be  under  the 
immediate  direction  of  the  Consul,  unless  otherwise  disposed  of  by 
will.  Should  there  be  no  Consul,  the  effects  shall  be  deposited  in  the 
hands  of  some  person  worthy  of  trust,  until  the  party  shall  appear 
who  has  a right  to  demand  them,  when  they  shall  render  an  account 
of  the  propert}^ ; neither  shall  the  Dey  or  his  subjects  give  hinder- 
ance  in  the  execution  of  any  will  that  may  appear. 

ARTICLE  ADDITIONAL  AND  EXPLANATORY. 

The  United  States  of  America,  in  order  to  give  to  the  Dey  of 
Algiers  a proof  of  their  desire  to  maintain  the  relations  of  peace  and 
amity  between  the  two  powers  upon  a footing  the  most  liberal,  and 
in  order  to  withdraw  any  obstacle  which  might  embarrass  him  in  his 
relations  Avith  other  States,  agree  to  annul  so  much  of  the  eighteenth 
article  of  the  foregoing  treaty  as  gii'es  to  the  United  States  any  ad- 
A'antage  in  the  ports  of  Algiers  over  the  most  favored  nations  haA'ing 
treaties  with  the  Regency. 

Done  at  the  palace  of  the  Government,  in  Algiers,  on  the  22d  day  of 
December,  181G,  Avhich  corresponds  to  the  third  of  the  Moon  Safar, 
year  of  the  Hegira  1232. 


ALGIERS 1816. 


17 


llTiereas  the  undersigned  William  Shaler,  a citizen  of  the  State  of 
New  York,  and  Isaac  Chauncey,  Commander  in  Chief  of  the  Naval 
Forces  of  the  United  States  stationed  in  the  Mediterranean,  being 
duly  appointed  Commissioners,  by  letters-patent  under  the  signature 
of  the  President  and  seal  of  the  United  States  of  America,  bearing 
date  at  the  city  of  Washington,  the  24th  day  of  August,  A.  D.  1816, 
for  negotiating  and  concluding  the  renewal  of  a treaty  of  peace  be- 
tween the  United  States  of  America  and  the  Dey  and  subjects  of  the 
Regency  of  Algiers,  we,  therefore,  William  Shaler  and  Isaac  Chaun- 
cey, Commissioners  as  aforesaid,  do  conclude  the  foregoing  treaty, 
and  every  article  and  clause  therein  contained,  reserving  the  same, 
nevertheless,  for  the  final  ratification  of  the  President  of  the  United 
States  of  America,  by  and  with  the  advice  and  consent  of  the  Senate 
of  the  United  States. 

Done  in  the  chancery  of  the  Consulate  General  of  the  United  States, 
in  the  city  of  Algiers,  on  the  23d  day  of  December,  in  the  year  1816, 
and  of  the  independence  of  the  United  States  the  forty-first. 

[seal.]  Wm.  Shaler. 

[seal.]  I.  Chauncey. 

[The  signature  of  the  Dey  is  stamped  at  the  beginning  and  end  of  the  treaty.] 
24449— VOL  1—10 2 


ARGENTINE  REPUBLIC. 

(ARGENTINE  CONFEDERATION.) 

1853. 

Treaty  for  the  Free  Navigation  of  the  Rivers  Parana  and 

Uruguay. 

Concluded  July  10^  1853;  ratification  advised  hy  the  Senate  June  13, 
185Jj.;  ratified  hy  the  President  July  5, 1851^;  ratification  exchanged 
December  20,  1851^;  'proclaimed  April  9,  1855. 

Articles. 


I.  Free  navigation. 

II.  Loading  and  unloading  vessels. 

III.  Marking  channels. 

IV.  Collection  of  dues. 

Y.  Possession  of  Martin  Garcia 
Island. 


VI.  War. 

VII.  Accession  of  other  governments. 

VIII.  Most  favored  nation. 

IX.  Ratification. 


The  President  of  the  United  States  and  His  Excellency  the  Pro- 
visional Director  of  the  Argentine  Confederation,  being  desirous  of 
strengthening  the  bonds  of  friendship  which  so  happily  subsist 
between  their  respective  States  and  countries,  and  convinced  that 
the  surest  means  of  arriving  at  this  result  is  to  take  in  concert  all 
the  measures  requisite  for  facilitating  and  developing  commercial 
relations,  have  resolved  to  determine  by  treaty  the  conditions  of  the 
free  navigation  of  the  rivers  Parana  and  Uruguay,  and  thus  to 
remove  the  obstacles  which  have  hitherto  impeded  this  navigation. 
With  this  object  they  have  named  as  their  Plenipotentiaries,  that  is 
to  say : 

The  President  of  the  United  States,  Robert  C.  Schenck,  Envoy 
Extraordinary  and  Minister  Plenipotentiary  of  the  United  States 
to  Brazil,  and  John  S.  Pendleton,  Charge  d’Atfaires  of  the  United 
States  to  the  Argentine  Confederation;  and  His  Excellency  the 
Provisional  Director  of  the  Argentine  Confederation,  Doctor  Don 
Salvador  Maria  del  Carril,  and  Doctor  Jose  Benjamin  Gorostiaga ; 

MTio,  after  having  communicated  to  each  other  their  full  powers 
found  in  good  and  due  form,  have  agreed  upon  the  following  articles: 

Article  I. 


The  Argentine  Confederation,  in  the  exercise  of  her  sovereign 
rights,  concedes  the  free  navigation  of  the  rivers  Parana  and  Uru- 
guay, wherever  they  may  belong  to  her,  to  the  merchant  vessels  of 

18 


ARGENTINE  REPUBLIC — 1853. 


19 


all  nations,  subject  only  to  the  conditions  which  this  treaty  estab- 
lishes, and  to  the  regulations  sanctioned,  or  which  may  hereafter  be 
sanctioned,  by  the  national  authority  of  the  Confederation. 

Article  II. 

Consequently,  the  said  vessel  shall  be  admitted  to  remain,  load  and 
unload  in  the  places  and  ports  of  the  Argentine  Confederation  which 
are  open  for  that  purpose. 


Article  III. 

The  Government  of  the  Argentine  Confederation,  being  desirous 
to  provide  every  facility  for  interior  navigation,  agrees  to  maintain 
beacons  and  marks  pointing  out  the  channels. 

Article  IV. 

A uniform  system  shall  be  established  by  the  competent  authorities 
of  the  confederation,  for  the  collection  of  the  custom-house  duties, 
harbor,  lights,  jDolice  and  pilotage  dues,  along  the  whole  course  of  the 
waters  which  belong  to  the  Confederation. 

Article  V. 

The  high  contracting  parties,  considering  that  the  Island  of  Mar- 
tin Garcia  may,  from  its  position,  embarrass  and  impede  the  free 
navigation  of  the  confluents  of  the  river  Plate,  agree  to  use  their  in- 
fluence to  prevent  the  possession  of  the  said  island  from  being  re- 
tained or  held  by  any  State  of  the  river  Plate,  or  its  confluents,  which 
shall  not  have  given  its  adhesion  to  the  principle  of  their  free  navi- 
gation. 

x\rticle  VI. 

If  it  should  happen  (which  God  forbid)  that  war  should  break  out 
between  any  of  the  States,  Pepublics  or  Provinces  of  the  river  Plate 
or  its  confluents,  the  navigation  of  the  rivers  Parana  and  Uruguay 
shall  remain  free  to  the  merchant  flag  of  all  nations,  excepting  in 
what  may  relate  to  munitions  of  war,  such  as  arms  of  all  kinds,  gun- 
powder, lead  and  cannon  balls. 

Article  VII. 

Power  is  expressly  reserved  to  His  Majesty  the  Emperor  of  Brazil, 
and  the  Governments  of  Bolivia,  Paraguay  and  the  Oriental  State  of 
Uruguay  to  become  parties  to  the  present  treaty,  in  case  they  should 
be  disposed  to  apply  its  principles  to  the  parts  of  the  rivers  Parana, 
Paraguay  and  Uruguay,  over  which  they  may  respectively  possess 
fluvial  rights. 

Article  VIII. 

The  principal  objects  for  which  the  rivers  Parana  and  Uruguay 
are  declared  free  to  the  commerce  of  the  world,  being  to  extend  the 
mercantile  relations  of  the  countries  which  border  them,  and  to  pro- 
mote immigration,  it  is  hereby  agreed  that  no  fa-s'or  or  immunity 
.shall  be  granted  to  the  flag  or  trade  of  any  other  nation  which  shall 
not  equally  extend  to  those  of  the  United  States. 


20 


TKEATIES,  CONVEKTIUNS,  ETC. 


Article  IX. 

The  present  treaty  shall  be  ratified  on  the  part  of  the  Government 
of  the  United  States  within  fifteen  months  from  its  date,  and  within 
two  days  by  His  Excellency  the  Provisional  Director  of  the  Argen- 
tine Confederation,  who  shall  present  it  to  the  first  Legislative  Con- 
gress of  the  Confederation,  for  their  approbation. 

The  ratifications  shall  be  exchanged  at  the  seat  of  Government  of 
the  Argentine  Confederation,  within  the  tei’m  of  eighteen  months. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
this  treaty,  and  affixed  thereto  their  seals. 

Done  at  San  Jose  de  Flores,  on  the  tenth  day  of  July,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  fifty-three. 

[seal.]  Eob’t  C.  Schenck. 

[seal.]  Jno.  Pendleton. 

[seal.]  Salvador  Ma.  del  Carril. 

[seal.]  Jose  B.  Gorostiaga. 


1853. 

Treaty  of  Friendship,  Commerce  and  Navigation. 

C oncluded  Jidy  ^7,  1853 ; ratification  advised  hy  the  Senate  June  13^ 
185h;  ratified  l>y  the  President  June  £9,  185h;  ratifications  ex- 
changed December  185^;  'proclaimed  April  9,  1855. 


Articles. 


I.  Amity. 

II.  Mutual  freedom  of  commerce. 

III.  Most  favored  nation  clause. 

IV.  No  discriminating  duties  to  be 

levied. 

V.  Navigation  dues  to  be  equal. 

VI.  Mutual  privileges  to  vessels. 

VII.  Nationality  of  vessels. 

VIII.  Freedom  to  trade. 


IX.  Privileges  of  citizens;  settling 
estates. 

X.  Exemptions  from  military  serv- 
ice and  forced  loans ; taxes. 

XI.  Diplomatic  and  consular  agents. 

XII.  Privileges  in  time  of  war. 

XIII.  Mutual  protection  to  citizens. 

XIV.  Ratification. 


Commercial  intercourse  having  been  for  some  time  established  be- 
tween the  United  States  and  the  Argentine  Confederation,  it  seems 
good  for  the  security  as  well  as  the  encouragement  of  such  commercial 
intercourse,  and  for  the  maintenance  of  good  understanding  between 
the  two  Governments,  that  the  relations  now  subsisting  between  them 
should  be  regularly  acknowledged  and  confirmed  by  the  signing  to  a 
treaty  of  friendship,  commerce  and  navigation ; for  this  purpose  they 
have  nominated  their  respective  Plenipotentiaries,  that  is  to  say : 

The  President  of  the  United  States,  Robert  C.  Schenck,  Envoy 
Extraordinary  and  Minister  Plenipotentiary  of  the  United  States  to 
Brazil,  and  John  S.  Pendleton,  Charge  d’Affaires  of  the  United 
States  to  the  Argentine  Confederation ; and  His  Excellency  the  Pro- 
visional Director  of  the  Argentine  Confederation,  Doctor  Don  Sal- 
vador Maria  del  Carril,  and  Doctor  Don  Jose  Benjamin  Gorostiaga; 

Who,  after  having  communicated  to  each  other  their  full  powers, 
found  in  good  and  due  form,  have  agreed  upon  the  following  articles ; 


ARGENTINE  REPUBLIC 1853. 


21 


Article  I. 

There  shall  be  perpetual  amity  between  the  United  States  and 
their  citizens  on  the  one  part,  and  the  Argentine  Confederation  and 
its  citizens  on  the  other  jDart. 

Article  II. 

There  shall  be  between  all  the  territories  of  the  United  States  and 
all  the  territories  of  the  Argentine  Confederation  a reciprocal  free- 
dom of  commerce.  The  citizens  of  the  two  countries,  respectively, 
shall  have  liberty,  freely  and  securely,  to  come  with  their  ships  and 
cargoes  to  all  places,  ports  and  rivers  in  the  territories  of  either,  to 
which  other  foreigners,  or  the  ships  or  cargoes  of  any  other  foreign 
nation  or  State,  are,  or  may  be,  permitted  to  come;  to  enter  into  the 
same,  and  to  remain  and  reside  in  any  part  thereof,  respectively ; to 
hire  and  occupy  houses  and  warehouses,  for  the  purposes  of  their 
residence  and  commerce;  to  trade  in  all  kinds  of  produce,  manufac- 
tures and  merchandise  of  lawful  commerce;  and  generally  to  enjoy, 
in  all  their  business,  the  most  complete  protection  and  security,  sub- 
ject to  the  general  laws  and  usages  of  the  two  countries  respectively. 
In  like  manner,  the  respective  ships  of  war,  and  post-office  or  pas- 
senger packets  of  the  two  countries,  shall  have  liberty,  freely  and 
securely,  to  come  to  all  harbors,  rivers  and  places  to  which  other 
foreign  ships  of  war  and  packets  are,  or  may  be,  permitted  to  come; 
to  enter  into  the  same,  to  anchor  and  remain  there  and  refit,  subject 
always  to  the  laws  and  usages  of  the  two  countries  respectively. 

Article  III. 

The  two  high  contracting  parties  agree  that  any  favor,  exemption, 
privilege  or  immunity  whatever,  in  matters  of  commerce  or  naviga- 
tion, which  either  of  them  has  actually  granted,  or  may  hereafter 
grant,  to  the  citizens  or  subjects  of  any  other  government,  nation  or 
state,  shall  extend,  in  identity  of  cases  and  circumstances,  to  the 
citizens  of  the  other  contracting  party,  gratuitously,  if  the  conces- 
sion in  favor  of  that  other  government,  nation  or  state,  shall  have 
been  gratuitous ; or,  in  return  for  an  equivalent  compensation,  if  the 
concession  shall  have  been  conditional. 

Article  IV. 

No  higher  or  other  duties  shall  be  imposed  on  the  importation  into 
the  territories  of  either  of  the  two  contracting  parties  of  any  article 
of  the  growth,  produce  or  manufacture  of  the  territories  of  the  other 
contracting  party,  than  are,  or  shall  be,  payable  on  the  like  article  of 
any.  other  foreign  country;  nor  shall  any  other  or  higher  duties  or 
charges  be  imposed  in  the  territories  of  either  of  the  contracting 
parties,  on  the  exportation  of  any  article  to  the  territories  of  the  other, 
than  such  as  are,  or  shall  be,  payable  on  the  exportation  of  the  like 
article  to  any  other  foreign  country;  nor  shall  any  prohibition  be 
imposed  upon  the  importation  or  exportation  of  any  article  of  the 
growth,  produce  or  manufacture  of  the  territories  of  either  of  the 
contracting  parties,  to  or  from  the  territories  of  the  other,  which  shall 
not  equally  extend  to  the  like  article  of  any  other  foreign  country. 


22 


TREATIES,  CONVENTIONS,  ETC. 


Article  V. 

No  other  or  higher  duties  or  charges,  on  account  of  tonnage,  light  or 
harbor  dues,  pilotage,  salvage  in  case  of  average  or  shiiiwreck,  or  any 
other  local  charges,  shall  be  iinj^osed  in  the  ports  of  the  two  contract- 
ing parties  on  the  vessels  of  the  other,  than  those  payable  in  the  same 
jiorts  on  its  own  vessels. 


Article  VI. 

The  same  duties  shall  be  paid,  and  the  same  drawbacks  and  bounties 
allowed,  upon  the  importation  or  exportation  of  any  article  into  or 
from  the  territories  of  the  United  States,  or  into  or  from  the  terri- 
tories of  the  Argentine  Confederation,  whether  such  importation  or 
exportation  be  made  in  vessels  of  the  United  States  or  in  vessels  of  the 
Argentine  Confederation. 


Article  VII. 

The  contracting  parties  agree  to  consider  and  treat  as  vessels  of  the 
United  States  and  of  the  Argentine  Confederation  all  those  which, 
being  furnished  by  the  competent  authority  with  a regular  passport 
or  sea-letter,  shall,  under  the  then  existing  laws  and  regulations  of 
either  of  the  two  Governments,  be  recognized  fully  and  hona  -fide  as 
national  vessels,  by  that  country  to  which  they  respectively  belong. 

Article  VIII. 

All  merchants,  commanders  of  ships  and  others,  citizens  of  the 
United  States,  shall  have  full  liberty,  in  all  the  territories  of  the 
Argentine  Confederation,  to  manage  their  own  affairs  themselves,  or 
to  commit  them  to  the  management  of  whomsoever  the}^  please,  as 
broker,  factor,  agent  or  interpreter;  nor  shall  they  be  obliged  to 
employ  any  other  persons  in  those  capacities  than  those  employed  by 
citizens  of  the  Argentine  Confederation,  nor  to  pay  them  any  other 
salary  or  remuneration  than  such  as  is  paid  in  like  cases  by  citizens 
of  the  Argentine  Confederation.  And  absolute  freedom  shall  be 
allowed  in  all  cases  to  the  buyer  and  seller  to  bargain  and  fix  the 
price  of  any  goods,  wares  or  merchandise  imported  into,  or  exjiorted 
from,  the  Argentine  Confederation,  as  they  shall  see  good,  observing 
the  laws  and  established  customs  of  the  country.  The  same  rights 
and  iirivileges,  in  all  respects,  shall  be  enjoj^ed  in  the  territories  of  the 
United  States,  by  the  citizens  of  the  Argentine  Confederation.  The 
citizens  of  the  two  contracting  parties  shall  reciprocally  receive  and 
enjoy  full  and  perfect  protection  for  their  persons  and  property,  and 
shall  have  free  and  oj^en  access  to  the  courts  of  justice  in  the  said 
countries  respectively,  for  the  prosecution  and  defense  of  their  just 
rights,  and  they  shall  be  at  liberty  to  employ  in  all  cases  such  advo- 
cates, attorneys  or  agents  as  they  may  think  proper;  and  they  shall 
enjoy,  in  this  respect,  the  same  rights  and  privileges  therein  as  native 
citizens. 


ARGENTINE  REPUBLIC 1853. 


23 


Article  IX. 

In  whatever  relates  to  the  police  of  the  ports,  the  lading  and  unlad- 
ing of  ships,  the  safety  of  the  merchandise,  goods  and  effects,  and  to 
the  acquiring  and  disposing  of  property  of  every  sort  and  denomina- 
tion, either  by  sale,  donation,  excliange,  testament  or  in  any  other 
manner  whatsoever,  as  also  to  the  administration  of  justice,  the  citi- 
zens of  the  two  contracting  parties  shall  reciprocally  enjoy  the  same 
privileges,  liberties  and  rights,  as  native  citizens;  and  they  shall  not 
be  charged,  in  any  of  those  respects,  with  any  higher  imposts  or  duties 
than  those  which  are  paid,  or  may  be  paid,  by  native  citizens,  sub- 
mitting, of  course,  to  the  local  laws  and  regulations  of  each  country 
respectively.  If  any  citizen  of  either  of  the  two  contracting  parties 
shall  die  without  will  or  testament,  in  any  of  the  territories  of  the 
other,  the  Consul-General  or  Consul  of  the  nation  to  which  the  de- 
ceased belonged,  or  the  representative  of  such  Consul-General  or 
Consul,  in  his  absence,  shall  have  the  right  to  intervene  in  the  posses- 
sion, administration  and  judicial  liquidation  of  the  estate  of  the 
deceased,  conformably  with  the  laws  of  the  country,  for  the  benefit  of 
the  creditors  and  legal  heirs. 

Article  X. 

The  citizens  of  the  United  States  residing  in  the  Argentine  Confed- 
eration, and  the  citizens  of  the  Argentine  Confederation  residing  in 
the  United  States,  shall  be  exempted  from  all  compulsory  military 
service  whatsoever,  whether  by  sea  or  by  land,  and  from  all  forced 
loans,  requisitions  or  military  exactions;  and  they  shall  not  be  com- 
pelled, under  any  pretext  whatever,  to  pay  any  ordinary  charges, 
requisitions  or  taxes,  greater  than  those  that  are  paid  by  native  citi- 
zens of  the  contracting  parties  respectively. 

Article  XI. 

It  shall  be  free  for  each  of  the  two  contracting  parties  to  appoint 
Consuls,  for  the  protection  of  trade,  to  reside  in  an}^  of  th^  territories 
of  the  other  party ; but,  before  any  Consul  shall  act  as  such,  he  shall, 
in  the  usual  form,  be  approved  and  admitted  by  the  Government  to 
which  he  is  sent;  and  either  of  the  contracting  parties  may  except 
from  the  residence  of  Consuls  such  particular  places  as  they  judge  fit 
to  be  excepted. 

The  archives  and  papers  of  the  consulates  of  the  respective  Govern- 
ments shall  be  respected  inviolably,  and  under  no  pretext  whatever 
shall  any  magistrate,  or  any  of  the  local  authorities,  seize,  or  in  any 
way  interfere  with  them. 

The  Diplomatic  Agents  and  Consuls  of  the  Argentine  Confedera- 
tion shall  enjoy,  in  the  territories  of  the  United  States,  whatever 
privileges,  exemptions  and  immunities  are,  or  shall  be,  granted  to 
agents  of  the  same  rank,  belonging  to  the  most  favored  nation ; and, 
in  like  manner,  the  Diplomatic  Agents  and  Consuls  of  the  United 
States,  in  the  territories  of  the  Argentine  Confederation,  shall  enjoy, 
according  to  the  strictest  reciprocity,  whatever  privileges,  exemp- 
tions and  immunities  are,  or  may  be,  granted  in  the  Argentine  Con- 
federation to  the  Diplomatic  Agents  and  Consuls  of  the  most  favored 
nation. 


24 


TREATIES,  CONVENTIONS,  ETC. 


Article  XII. 

For  the  better  security  of  commerce  between  the  United  States  and 
the  Argentine  Confederation,  it  is  agreed  that  if,  at  any  time,  any 
interruption  of  friendly  commercial  intercourse,  or  any  rupture, 
should  unfortunately  take  place  between  the  two  contracting  parties, 
the  citizens  of  either  of  them,  residing  in  the  territories  of  the  other, 
shall  have  the  privilege  of  remaining  and  continuing  their  trade  or 
occupation  therein,  without  any  manner  of  interruption,  so  long  as 
they  behave  peaceably  and  commit  no  olfense  against  the  laws;  and 
their  effects  and  property,  whether  intrusted  to  individuals  or  to  the 
State,  shall  not  be  liable  to  seizure  or  sequestration,  or  to  any  other 
demands  than  those  which  may  be  made  upon  the  like  effects  or 
property  belonging  to  the  native  inhabitants  of  the  State  in  which 
such  citizens  may  reside. 


Article  XIII. 

The  citizens  of  the  United  States,  and  the  citizens  of  the  Argentine 
Confederation,  respectively,  residing  in  any  of  the  territories  of  the 
other  party,  shall  enjoy,  in  their  houses,  persons  and  properties,  the 
full  protection  of  the  Grovernment. 

They  shall  not  be  disturbed,  molested  nor  annoyed  in  any  manner, 
on  account  of  their  religious  belief,  nor  in  the  proper  exercise  of 
their  peculiar  worship,  either  within  their  own  houses  or  in  their  own 
churches  or  chapels,  which  they  shall  be  at  liberty  to  build  and  main- 
tain, in  convenient  situations,  to  be  approved  of  by  the  local  Govern- 
ment, interfering  in  no  way  with,  but  respecting  the  religion  and 
customs  of  the  country  in  which  they  reside.  Liberty  shall  also  be 
granted  to  the  citizens  of  either  of  the  contracting  parties  to  bury 
those  who  may  die  in  the  territories  of  the  other,  in  burial  places  of 
their  own,  which,  in  the  same  manner,  may  be  freely  established  and 
maintained. 


Article  XIV. 

The  present  treaty  shall  be  ratified  on  the  part  of  the  Government 
of  the  United  States  within  fifteen  months  from  the  date,  and  within 
three  days  by  His  Excellency  the  Provisional  Director  of  the  Argen- 
tine Confederation,  who  will  also  present  it  to  the  first  Legislative. 
Congress  of  the  Confederation,  for  their  approval. 

The  ratifications  shall  be  exchanged  at  the  seat  of  Government  of 
the  Argentine  Confederation  within  the  term  of  eighteen  months. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
this  treaty,  and  affixed  thereto  their  seals. 

Done  at  San  Jose,  on  the  twenty-seventh  day  of  July,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  fifty-three. 

[seal.]  Robert  C.  Schenck. 

[seal.]  Jno.  Pendleton. 

[seal.]  ■ Salvador  Ma.  del  Carril. 

[seal.]  ' Jose  B.  Gorostiaga. 


ARGENTINE  REPUBLIC 1896. 


25 


1896. 

Extradition  Convention. 


Concluded  September  26, 1896;  ratification  with  amendments  advised 
by  Senate  January  28, 1897 ; ratification  advised  February  5, 1900 ; 
ratified  by  President  April  7, 1900;  ratifications  exchanged  June  2, 
1900;  proclaimed  June  5,  1900. 

Articles. 


I.  Mutual  delivery  of  tlie  accused. 

II.  Extraditable  crimes. 

III.  Nondelivery  of  citizens. 

IV.  Procedure. 

V.  Provisional  detention. 

VI.  Political  offenses. 


VII.  Limitations. 

VIII.  Offense  for  which  to  be  tried. 

IX.  Articles  in  possession  of  accused. 

X.  Persons  claimed  by  other  countries. 

XI.  Expenses. 

XII.  Ratification ; duration. 


The  President  of  the  United  States  of  America  and  the  President 
of  the  Argentine  Republic,  interested  in  the  improvement  of  the 
administration  of  justice  and  in  the  jirevention  of  crime  within  their 
resjiective  territories,  have  agreed  to  celebrate  a treaty  by  which 
fugitives  from  justice  will  be,  in  determined  circumstances,  recipro- 
cally delivered  up,  to  which  effect  they  have  named  as  their  pleni- 
potentiaries, to  wit : 

The  President  of  the  United  States  of  America,  William  I.  Buch- 
anan, their  Envoy  Extraordinary  and  Minister  Plenipotentiary,  to 
the  Argentine  Republic,  and  the  President  of  the  Argentine  Repub- 
lic, H.  E.  Senor  Doctor  Don  Amancio  Alcorta,  Minister  of  Foreign 
Relations,  who,  after  communicating  to  each  other  their  respective 
full  powers,  found  in  good  and  due  form,  have  agreed  upon  and 
concluded  the  following  articles: 


Article  1. 


The  Government  of  the  United  States  of  America  and  the  Govern- 
ment of  the  Argentine  Republic  mutually  agree  to  deliver  up  those 
persons  found  accused  of,  or  convicted- of  having  committed,  in  the 
territory  of  one  of  the  high  contracting  parties,  any  of  the  crimes  or 
offenses  specified  in  the  following  article,  who  shall  take  refuge  or 
be  found  within  the  territory  of  the  other. 

This  will  only  take  place  when  the  evidence  of  criminality  is  of 
such  a character  that  according  to  the  laws  of  the  country  where  the 
fugitive  or  person  so  accused  is  found,  would  legally  justify  his 
arrest  and  commitment  for  trial,  if  the  crime  or  offense  had  been  there 
committed. 

Article  2. 

Extradition  will  be  granted  for  the  following  crimes  and  offenses. 

1.  Homicide  (comprehending  assassination,  parricide,  poisoning, 
infanticide,  manslaughter,  when  voluntary),  or  the  attempt  to  com- 
mit any  of  these  crimes. 

2.  Arson. 

3.  Burglary,  house-breaking,  shop-breaking,  robbery  committed 
with  violence,  actual,  attempted  or  threatened.  Larceny  of  prop- 
erty of  the  value  of  two  hundred  dollars,  or  upwards. 


26 


TREATIES,  CONVENTIONS,  ETC. 


i.  Forgery,  or  the  utterance  of  forged  papers;  the  forgery  of  offi- 
cial acts  of  government,  of  public  authorities,  or  of  courts  of  justice, 
or  the  utterance  of  the  thing  forged  or  falsified. 

5.  The  counterfeiting,  or  falsifying  of  money,  whether  coin  or 
paper,  or  of  instruments  of  debt  created  by  national.  State,  provincial 
or  municipal  Governments,  or  of  coupons  thereof,  or  of  bank  notes, 
or  the  utterance  or  circulation  of  these;  the  counterfeiting,  falsifying 
or  altering  of  seals  of  State. 

6.  Embezzlement  of  public  moneys,  committed  within  the  jurisdic- 
tion of  either  of  the  high  contracting  parties  by  public  functionaries 
or  depositaries;  embezzlement  committed  by  one  or  more  persons, 
hired  or  salaried,  to  the  detriment  of  their  employers  or  principals; 
where  in  either  class  of  cases  the  embezzlement  exceeds  the  sum  of 
two  hundred  dollars. 

7.  Fraud,  or  breach  of  trust,  committed  by  a bailee,  banker,  agent, 
factor,  trustee,  director,  member  or  public  officer  of  any  company, 
when  such  act  is  punishable  by  the  laws  of  both  contracting  parties, 
and  the  amount  of  money  or  the  value  of  the  property  misappropri- 
ated is  not  less  than  two  hundred  dollars. 

8.  Perjury,  or  subornation  of  perjury. 

9.  Eape,  abduction,  kidnapping  and  child-stealing. 

10.  Any  act,  committed  with  criminal  intent,  the  object  of  which 
is  to  endanger  the  safety  of  any  person  travelling  or  being  upon  a 
railway. 

11.  Crimes  and  offenses  committed  at  sea; 

(a)  Piracy  by  the  law  of  nations. 

(J)  Eevolt,  or  conspiracy  to  revolt,  by  two  or  more  persons  on 
board  a ship  on  the  high  seas  against  the  authorities  of  the  ship. 

(c)  Wrongfully  sinking  or  destrojdng  a ship  at  sea,  or  attempting 
to  do  so. 

(d)  Assaults  on  board  a ship  at  sea  with  intent  to  do  serious  bodily 
harm. 

12.  Trading  in  slaves  when  the  offense  is  declared  criminal  by  the 
laws  of  both  countries. 

In  all  cases  the  extradition  of  agents,  participants  or  cooperators 
in  any  of  the  crimes  or  offenses  enumerated  herein,  or  attempts  there- 
of, will  be  granted  when  the  punishment  fixed  for  the  crime  or  offense 
is  greater  than  one  year’s  imprisonment. 

Article  3. 

In  no  case  shall  the  nationality  of  the  person  accused  be  an  impedi- 
ment to  his  extradition,  under  the  conditions  stipulated  by  the  present 
treaty,  but  neither  Government  shall  be  bound  to  deliver  its  own 
citizens  for  extradition  under  this  Convention ; but  either  shall  have 
the  power  to  deliver  them  up,  if,  in  its  discretion,  it  be  deemed  proper 
to  do  so. 

Article  4. 

The  requisition  for  extradition  shall  be  made  through  the  diplo- 
matic agents  of  the  high  contracting  parties  or,  in  case  of  their  de- 
fect, by  the  superior  consular  officers  thereof,  accompanied  by  a legal- 
ized copy  of  the  sentence  of  the  judge,  or  of  the  warrant  of  arrest: 
issued  in  the  country  where  the  crime  or  offense  may  have  been  com- 
mitted, as  also  the  depositions  or  other  testimony  by  virtue  of  which 
the  warrant  of  arrest  was  issued. 


AEGENTINE  REPUBLIC 1896. 


27 


Besides  the  sentence  of  the  judge,  or  the  warrant  of  arrest,  it  will 
be  necessary  in  the  formal  request  for  extradition,  to  accompany  it 
with  such  evidence  as  may  be  necessary  to  establish  the  identity  of 
the  person  demanded,  together  with  a duly  certified  copy  of  the  law 
applicable  to  the  act  charged,  as  shown  by  statute  or  judicial  decision. 

For  the  purpose  of  extradition  the  two  high  contracting  parties  will 
proceed,  in  accordance  with  this  treaty,  in  conformity  with  the  laws 
regulating  judicial  proceedings  at  the  time  being  in  force  in  the  coun- 
try to  which  the  demand  for  extradition  shall  be  directed. 

Article  5. 

In  urgent  cases  the  two  high  contracting  parties  may  request,  by 
mail  or  telegraph,  the  provisional  arrest  of  the  person  accused  and 
the  retention  of  the  objects  relating  to  the  crime  or  offense,  in  each 
case  setting  forth  the  existence  of  a sentence,  or  warrant  of  arrest, 
and  clearly  stating  the  nature  of  the  crime  or  offense  charged. 

Such  provisional  detention  will  cease  and  the  person  held  will  be 
placed  at  liberty  if  the  formalities  for  his  extradition,  in  the  required 
form  set  out  in  the  preceding  article,  are  not  presented  within  two 
months,  counting  from  the  day  of  arrest. 

Article  6. 

Extradition  will  not  be  granted  for  a crime  or  offense  of  a political 
character  nor  for  those  connected  therewith. 

No  person  delivered  up  in  virtue  of  this  treaty  can  be  tried,  or  pun- 
ished, for  a political  crime  or  offense,  nor  for  an  act  having  connec- 
tion therewith,  committed  before  the  extradition  or  surrender  of  such 
person. 

In  cases  of  doubt  with  relation  to  the  present  article,  the  decision  of 
the  judicial  authorities  of  the  country  to  which  the  demand  for  extra- 
dition is  directed  will  be  final. 

Article  7. 

Extradition  will  not  be  granted  when  the  crime  or  offense  charged, 
or  for  which  the  fugitive  has  been  condemned,  is  found  unpunishable, 
by  reason  of  statutory  limitation,  in  accordance  with  the  laws  of  the 
country  of  asylum. 

Article  8. 

In  no  case  can  the  person  surrendered  be  held  or  tried  in  the  coun- 
try to  which  he  has  been  surrendered  for  any  crime  other  than  that 
for  which  extradition  was  granted  until  he  has  returned,  or  had  an 
opportunity  to  return,  to  the  surrendering  State. 

This  stipulation  will  not  apply  to  crimes  or  offenses  committed 
after  extradition  has  taken  place. 

Article  9. 

All  articles  at  the  time  of  apprehension  in  the  possession  of  the  per- 
son demanded,  whether  being  the  proceeds  of  the  crime  or  offense 


28 


TREATIES,  CONVENTIONS,  ETC. 


charged,  or  being  material  as  evidence  in  making  proof  of  the  crime 
or  offense,  shall,  so  far  as  practicable  in  conformity  with  the  laws  of 
the  respective  countries,  be  given  up  when  the  extradition  takes 
place.  Nevertheless,  the  rights  of  third  jiarties  with  regard  to  such 
articles  shall  be  duly  respected. 

Article  10. 

If  the  individual  claimed  by  one  of  the  high  contracting  parties,  in 
pursuance  of  the  present  treatj^,  shall  also  be  claimed  by  one  or  several 
powers,  on  account  of  crimes  or  offenses  committed  within  their  re- 
spective jurisdictions,  his  extradition  shall  be  granted  to  the  State 
Avhose  demand  is  first  received : Provided,  that  the  government  from 
Avhich  extradition  is  sought  is  not  bound  by  treaty  to  give  jireference 
otherwise. 

Article  11. 

All  expenses  connected  with  the  extradition  of  a fugitive,  excepting 
the  compensation  of  public  officers  Avho  receive  a fixed  salary,  vdll  be 
borne  by  the  State  asking  such  extradition. 


Article  12. 

The  present  treaty  shall  take  effect  on  the  thirtieth  day  after  the 
date  of  the  exchange  of  the  ratifications. 

The  ratifications  of  the  present  treaty  shall  be  exchanged  at  Buenos 
Aires  as  soon  as  possible,  and  it  shall  remain  in  force  for  a period  of 
six  months  after  the  date  on  which  either  of  the  contracting  govern- 
ments shall  give  notice  to  the  other  of  a purpose  to  terminate  it. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed 
this  Treaty  and  affixed  thereto  their  seals. 

Done  in  duplicate,  at  the  city  of  Buenos  Aires,  this  twenty  sixth 
day  of  September  eighteen  hundred  and  ninety  six. 

William  I.  Buchanan  [seal.] 
Amancio  Alcorta  [seal.] 


AUSTRIA-HUNGARY. 

1829. 


Treaty  of  Commerce  and  Navigation. 

Concluded  August  ^7,  1829;  rati-fication  advised  hy  the  Senate  Feb- 
ruary 10^  1830;  ratified  hy  the  President  February  11,  1830;  rati- 
fications exchanged  February  10,  1831;  proclaimed  February 
10,  1831. 


Abticles. 


I.  Liberty  of  commerce  and  naviga- 
tion. 

II.  Shipping  charges  to  be  equal. 

III.  No  discrimination  in  import  du- 

ties. 

IV.  Application  of  two  preceding  ai'- 

ticles. 

y.  Most  favored  nation  treatment  of 
products. 

VI.  Reciprocal  right  of  vessels  to  ex- 
port. 


VII.  Coastwise  trade. 

VIII.  No  discriminations  against  ves- 
sels. 

IX.  Most  favored  nation  favors. 

X.  Consular  officers  authorized. 

XI.  Property  of  deceased  persons. 

XII.  Duration. 

XIII.  Ratification. 


(The  period  for  the  exchange  of  ratifications  was  extended,  with  the  advice 
and  consent  of  the  Senate,  by  resoiution  of  February  3,  1831,  and  the  consent  of 
the  Emperor  of  Austria,  expressed  by  his  minister  in  the  certificate  of  exchange 
of  ratifications,  February  10,  1831.) 

The  United  States  of  America  and  His  Majesty  the  Emperor  of 
Austria,  King  of  Hungary  and  Bohemia,  equally  animated  with  the 
desire  of  maintaining  the  relations  of  good  understanding  which  have 
hitherto  so  happily  subsisted  between  their  respective  States,  of  ex- 
tending, also,  and  consolidating  the  commercial  intercourse  between 
them,  and  convinced  that  this  object  cannot  better  be  accomplished 
than  by  adopting  the  system  of  an  entire  freedom  of  navigation  and 
a perfect  reciprocity,  based  upon  principles  of  equity  equally  bene- 
ficial to  both  countries,  have,  in  consequence,  agreed  to  enter  into 
negotiations  for  the  conclusion  of  a treaty  of  commerce  and  naviga- 
tion, for  which  purpose  the  President  of  the  United  States  has  con- 
ferred full  powers  on  Martin  Van  Buren,  their  Secretary  of  State; 
and  His  Majesty  the  Emperor  of  Austria  has  conferred  like  powers 
on  Lewis,  Baron  de  Lederer,  his  said  Majesty’s  Consul  for  the  port  of 
New  York,  and  the  said  Plenipotentiaries  having  exchanged  their 
said  full  powers,  found  in  good  and  due  form,  have  concluded  and 
signed  the  following  articles: 


29 


30 


TREATIES,  CONVENTIONS,  ETC. 


Article  I. 

There  shall  be  between  the  territories  of  the  high  contracting 
parties  a reciprocal  liberty  of  commerce  and  navigation.'  The  inhab- 
itants of  their  respective  States  shall  mutually  have  liberty  to  enter 
the  ports,  places  and  rivers  of  the  territories  of  each  party,  wherever 
foreign  commerce  is  permitted.  They  shall  be  at  liberty  to  sojourn 
and  reside  in  all  parts  whatsoever  of  said  territories,  in  order  to 
attend  to  their  commercial  affairs;  and  they  shall  enjoy,  to  that  effect, 
the  same  security,  protection  and  privileges  as  natives  of  the  country 
wherein  they  reside,  on  condition  of  their  submitting  to  the  laws  and 
ordinances  there  prevailing. 


Article  II. 

Austrian  vessels  arriving,  either  laden  or  in  ballast,  in  the  ports  of 
the  United  States  of  America,  and,  reciprocally,  vessels  of  the  United 
States  arriving,  either  laden  or  in  ballast,  in  the  ports  of  the  domin- 
ions of  Austria,  shall  be  treated  on  their  entrance,  during  their  stay, 
and  at  their  departure,  upon  the  same  footing  as  national  vessels  com- 
ing from  the  same  place,  with  respect  to  the  duties  of  tonnage,  light- 
houses, pilotage  and  port  charges,  as  well  as  to  the  fees  and  per- 
quisites of  public  officers  and  all  other  duties  or  charges  of  whatever 
kind  or  denomination,  levied  in  the  name,  or  to  the  profit  of  the 
Government,  the  local  authorities,  or  of  any  private  establishment 
whatsoever. 

Article  III. 

All  kinds  of  merchandise  and  articles  of  commerce,  either  the  prod- 
uce of  the  soil  or  the  industry  of  the  United  States  of  America,  or  of  any 
other  country,  which  may  be  lawfully  imported  into  the  ports  of  the 
dominions  of  Austria,  in  Austrian  vessels,  may  also  be  so  imported 
in  vessels  of  the  United  States  of  America,  without  paying  other  or 
higher  duties  or  charges,  of  whatever  kind  or  denomination,  levied  in 
the  name  or  to  the  profit  of  the  Government,  the  local  authorities,  or 
of  any  private  establishments  whatsoever,  than  if  the  same  merchan- 
dise or  produce  had  been  imported  in  Austrian  vessels.  And,  re- 
ciprocally, all  kind  of  merchandise  and  articles  of  commerce,  either 
the  produce  of  the  soil  or  of  the  industry  of  the  dominions  of  Austria, 
or  of  any  other  country,  which  may  be  lawfully  imported  into  the 
ports  of  the  United  States,  in  vessels  of  the  said  States,  may  also  be  so 
imported  in  Austrian  vessels  without  paying  other  or  higher  duties 
or  charges,  of  whatever  kind  or  denomination,  levied  in  the  name  or 
to  the  profit  of  the  Government,  the  local  authorities,  or  of  any  pri- 
vate establishments  whatsoever,  than  if  the  same  merchandise  _ or 
produce  had  been  imported  in  vessels  of  the  United  States  of  America. 

Article  IV. 

To  prevent  the  possibility  of  any  misunderstanding,  it  is  hereby 
declared  that  the  stipulations  contained  in  the  two  preceding  articles 
are,  to  their  full  extent,  applicable  to  Austrian  vessels  and  their 
cargoes  arriving  in  the  ports  of  the  United  States  of  America ; and. 


'"ntiEiGR  iwr?4,oivs  li^'j^afy 

AUSTEIA-HUNGAKY 1829.  3 1 

reciprocally,  to  vessels  of  the  said  States  and  their  cargoes  arriving 
in  the  ports  of  the  dominions  of  Austria,  whether  the  said  vessels 
clear  directly  from  the  ports  of  the  country  to  which  they  respectively 
belong,  or  from  the  ports  of  any  other  foreign  country. 

Aeticle  V. 

No  higher  or  other  duties  shall  be  imposed  on  the  importation  into 
the  United  States  of  any  article  the  produce  or  manufacture  of  the 
dominions  of  Austria ; and  no  higher  or  other  duties  shall  be  imposed 
on  the  importation  into  the  dominions  of  Austria  of  any  article  the 
produce  or  manufacture  of  the  United  States,  than  are  or  shall  be 
payable  on  the  like  article,  being  the  produce  or  manufacture  of  any 
other  foreign  country.  Nor  shall  any  prohibition  be  imposed  on  the 
importation  or  exportation  of  any  article  the  produce  or  manufac- 
ture of  the  United  States,  or  of  the  dominions  of  Austria,  to  or  from 
the  ports  of  the  United  States,  or  to  or  from  the  ports  of  the  domin- 
ions of  Austria,  which  shall  not  equally  extend  to  all  other  nations. 

Article  VI. 

All  kind  of  merchandise  and  articles  of  commerce,  either  the  prod- 
uce of  the  soil  or  of  the  industry  of  the  United  States  of  America,  or 
of  any  other  country,  which  may  be  lawfully  exported  or  re-exported 
from  the  ports  of  the  said  United  States  in  national  vessels,  may  also 
be  exported  or  re-exported  therefrom  in  Austrian  vessels,  without 
paying  other  or  higher  duties  or  charges  of  whatever  kind  or  de- 
nomination, levied  in  the  name  or  to  the  profit  of  the  Government, 
the  local  authorities,  or  of  any  private  establishments  whatsoever, 
than  if  the  same  ’merchandise  or  produce  had  been  exported  or  re- 
exported in  vessels  of  the  United  States  of  America. 

An  exact  reciprocity  shall  be  observed  in  the  ports  of  the  dominions 
of  Austria,  so  that  all  kind  of  merchandise  and  articles  of  commerce 
either  the  produce  of  the  soil  or  of  the  industry  of  the  said  domin- 
ions of  Austria,  or  of  any  other  country,  which  may  be  lawfully  ex- 
jDorted  or  re-exported  from  Austrian  ports  in  national  vessels,  may 
also  be  exported  or  re-exported  therefrom  in  vessels  of  the  United 
States  of  America,  without  paying  other  or  higher  duties  or  charges, 
of  whatever  kind  or  denomination,  levied  in  the  name  or  to  the  profit 
of  the  Government,  the  local  authorities,  or  of  any  private  establish- 
ments whatsoever,  than  if  the  same  mechandise  or  produce  had  been 
exported  or  re-exported  in  Austrian  vessels. 

And  the  same  bounties  and  drawbacks  shall  be  allowed,  whether 
such  exportation  or  re-exportation  be  made  in  vessels  of  the  one  party 
or  of  the  other. 

Article  VII. 

It  is  expressly  understood  and  agreed  that  the  coastwise  navigation 
of  both  the  contracting  parties  is  altogether  excepted  from  the  opera- 
tion of  this  treaty,  and  of  every  article  thereof. 

Article  VIII. 

No  priority  or  preference  shall  be  given,  directly  or  indirectly,  by 
either  of  the  contracting  parties,  nor  by  any  company,  corporation  or 
agent,  acting  on  their  behalf  or  under  their  authority,  in  the  pur- 


32 


TREATIES,  CONVENTIONS,  ETC. 


chase  of  any  article  of  commerce,  lawfully  imported,  on  account  of, 
or  in  reference  to  the  character  of  the  vessel,  whether  it  be  of  the  one 
party  or  of  the  other,  in  which  such  article  was  imported,  it  being 
the  true  intent  and  meaning  of  the  contracting  parties  that  no  dis- 
tinction or  difference  whatever  shall  be  made  in  this  respect. 

Article  IX. 

If  either  party  shall  hereafter  grant  to  any  other  nation  any  par- 
ticular favor  in  navigation  or  commerce,  it  shall  immediately  be- 
come common  to  the  other  party,  freely,  where  it  is  freely  granted 
to  such  other  nation,  or  on  yielding  the  same  compensation,  when 
the  grant  is  conditional. 

Article  X. 

The  two  contracting  parties  hereby  reciprocally  grant  to  eacli 
other  the  liberty  of  having,  each  in  the  ports  of  the  other.  Consuls, 
Vice-Consuls,  Agents  and  Commissaries  of  their  own  appointment, 
who  shall  enjoy  the  same  privileges  and  powers  as  those  of  the  most 
favored  nations.  But  if  any  such  Consuls  shall  exercise  commerce, 
they  shall  be  subjected  to  the  same  laws  and  usages  to  which  the 
private  individuals  of  their  nation  are  subject  in  the  same  place,  in 
respect  of  their  commercial  transactions. 

Article  XI. 

The  citizens  or  subjects  of  each  party  shall  have  power  to  dispose 
of  their  personal  goods  within  the  jurisdiction  of  the  other,  by  testa- 
ment, donation  or  otherwise ; and  their  representatives,  being  citizens 
or  subjects  of  the  other  party,  shall  succeed  to  their  personal  goods, 
whether  by  testament  or  ab  intestato,  and  may  take  possession  thereof, 
either  by  themselves  or  by  others  acting  for  them,  and  dispose  of  the 
same  at  their  will,  paying  such  dues,  taxes  or  charges  only,  as  the 
inhabitants  of  the  country,  wherein  the  said  goods  are,  shall  be  sub- 
ject to  pay  in  like  cases.  And  in  case  of  the  absence  of  the  repre- 
sentative, such  care  shall  be  taken  of  the  said  goods  as  would  be 
taken  of  the  goods  of  a native  in  like  case,  until  the  lawful  owner 
may  take  measures  for  receiving  them.  And  if  any  question  should 
arise  among  several  claimants  to  which  of  them  said  goods  belong, 
the  same  shall  be  decided  finally  by  the  laws  and  judges  of  the  land 
wherein  the  said  goods  are.  But  this  article  shall  not  derogate  in 
anj^  manner  from  the  force  of  the  laws  already  published,  or  here- 
after to  be  published,  by  His  Majesty  the  Emperor  of  Austria,  to 
prevent  the  emigration  of  his  subjects. 

Article  XII. 

The  present  treaty  shall  continue  in  force  for  ten  years,  counting 
from  the  day  of  the  exchange  of  the  ratifications;  and  if  twelve 
months  before  the  expiration  of  that  period  neither  of  the  high  con- 
tracting parties  shall  have  announced,  by  an  official  notification  to 
the  other,  its  intention  to  arrest  the  operation  of  said  treaty,  it  shall 
remain  binding  for  one  year  beyond  that  time,  and  so  on,  until  the 
expiration  of  the  twelve  months  which  will  follow  a similar  notifi- 
cation, whatever  the  time  at  which  it  may  take  place. 


AUSTEIA-HUNGAilY — 1829-1848. 


33 


Article  XIII. 

This  treaty  shall  be  approved  and  ratified  by  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof,  and  by  His  Majesty  the  Emperor  of  Austria;  and  the  ratifi- 
cations shall  be  exchanged  in  the  city  of  Washington,  within  twelve 
months  from  the  date  of  the  signature  hereof,®  or  sooner  if  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  and 
sealed  this  treaty,  both  in  the  English  and  German  languages,  de- 
claring, however,  that,  it  having  been  originally  composed  in  the 
former,  the  English  version  is  to  decide  the  interpretation,  should 
any  difference  in  regard  to  it  unfortunately  arise. 

Done  in  triplicate,  at  Washington,  this  twenty-seventh  day  of 
August,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
twenty-nine. 

[seal.]  M.  Van  Buren. 

[seal,]  L.  Baron  de  Lederer. 


1848. 


Convention  Relative  to  Disposal  of  Property  and  Consular 

Jurisdiction. 

Concluded  May  8, 18^8;  ratification  advised  and  time  for  exchange  of 
ratifications  extended  to  July  J,  1850,  hy  the  Senate  Fehruary  13, 
1850;  ratified  hy  the  President  Fehruary  15^  1850;  ratifications 
exchanged  Fehruary  23,  1850 ; 'proclaimed  Fehruary  25,  1850. 

Articles. 


I.  Disposal  of  personal  property. 

II.  Disposal  of  real  property  held  by 
deceased  persons. 


III.  Protecting  property  of  absentheirs. 

IV.  Consular  privileges ; deserters. 

V.  Duration. 


The  United  States  of  America  and  His  Majesty  the  Emperor  of 
Austria  having  agreed  to  extend  to  all  descriptions  of  property  the 
exemption  from  dues,  taxes  or  charges,  which  was  secured  to  the  per- 
sonal goods  of  their  respective  citizens  and  subjects  by  the  eleventh 
article  of  the  treaty  of  commerce  and  navigation  which  was  concluded 
between  the  parties  on  the  27th  of  August,  1829,  and  also  for  the  pur- 
pose of  increasing  the  powers  granted  to  their  respective  Consuls  by 
the  tenth  article  of  said  treaty  of  commerce  and  navigation,  have 
named  for  this  purpose  their  respective  Plenipotentiaries,  namely: 

The  President  of  the  United  States  of  America  has  conferred  full 
powers  on  James  Buchanan,  Secretary  of  State  of  the  United  States; 
and  his  Majesty  the  Emperor  of  Austria  upon  his  Charge  d’Affaires 
to  the  United  States,  John  George  Hiilsemann; 

VTio,  after  having  exchanged  their  said  full  powers,  found  in  due 
and  proper  form,  have  agreed  to  and  signed  the  following  articl^:; 


® This  period  was  extended,  with  tbe  advice  and  consent  o#  the  Senate,  ex- 
pressed in  its  resolution  of  February  3,  1831,  and  witb  tbe  consent  of  tbe 
Emperor  of  Austria,  expressed  by  bis  Minister  in  W?  certificate  of  tbe  exchange 
of  ratification,  February  10,  1831. 

24449— VOL  1—10 3 


34 


TREATIES,  CONVENTIONS,  ETC. 


Article  I. 

The  citizens  or  subjects  of  each  of  the  contracting  parties  shall  have 
power  to  dispose  of  their  personal  property  within  the  States  of  the 
other,  by  testament,  donation  or  otherwise;  and  their  heirs,  legatees 
and  donees,  being  citizens  or  subjects  of  the  other  contracting  party, 
shall  succeed  to  their  said  personal  property,  and  may  take  possession 
thereof,  either  by  themselves  or  by  others  acting  for  them,  and  dispose 
of  the  same  at  their  pleasure,  paying  such  duties  only  as  the  inhab- 
itants of  the  country,  where  the  said  property  lies,  shall  be  liable  to 
pay  in  like  cases. 

Article  II. 

Where,  on  the  death  of  any  person  holding  real  property,  or  prop- 
erty not  personal,  within  the  territories  of  one  party,  such  real  prop- 
erty would,  by  the  laws  of  the  land,  descend  on  a citizen  or  subject  of 
the  other,  were  he  not  disqualified  by  the  laws  of  the  country  where 
such  real  property  is  situated,  such  citizen  or  subject  shall  be  allowed 
a term  of  two  years  to  sell  the  same,  which  term  may  be  reasonably 
prolonged,  according  to  circumstances,  and  to  withdraw  the  proceeds 
thereof,  without  molestation,  and  exempt  from  any  other  charges  than 
those  which  may  be  imposed  in  like  cases  upon  the  inhabitants  of  the 
country  from  which  such  proceeds  may  be  withdrawn. 

Article  III. 

In  case  of  the  absence  of  the  heirs,  the  same  care  shall  be  taken, 
provisionally,  of  such  real  or  personal  property  as  would  be  taken 
in  a like  case  of  property  belonging  to  the  natives  of  the  country, 
until  the  lawful  owner  or  the  person  who  has  a right  to  sell  the  same, 
according  to  Article  II.,  may  take  measures  to  receive  or  dispose  of 
the  inheritance. 

Article  IV. 

The  high  contracting  parties  grant  to  each  other  the  liberty  of  having, 
each  in  the  ports  of  the  other.  Consuls,  Vice-Consuls,  Commercial 
Agents  and  Vice-Commercial  Agents,  of  their  own  appointment,  who 
shall  enjoy  the  same  privileges  and  powers  as  those  of  the  most  fa- 
Amred  nations;  but  if  aii}^  of  the  said  Consuls  shall  carry  on  trade, 
they  shall  be  subjected  to  the  same  laws  and  usages  to  which  private 
individuals  of  their  nation  are  subjected  in  the  same  place. 

The  said  Consuls,  Vice-Consuls,  Commercial  and  Vice-Commercial 
Agents  shall  have  the  right  as  such  to  sit  as  judges  and  arbitrators  in 
such  differences  as  may  arise  between  the  masters  and  crews  of  the 
vessels  belonging  to  the  nation  whose  interests  are  committed  to  their 
charge,  Avithout  the  interference  of  the  local  authorities,  unless  the 
conduct  of  the  crews  or  of  the  captain  should  disturb  the  order  or 
tranquillity  of  the  country;  or  the  said  Consuls,  Vice-Consuls,  Com- 
mercial Agents,  or  Vice-Commercial  Agents,  should  require  their 
assistance  in  executing  or  supporting  their  OAvn  decisions.  But  this 
species  of  judgment  or  arbitration  shall  not  deprive  the  contending 
parties  of  the  right  they  have  to  resort,  on  their  return,  to  the  judicial 
authority  of  their  own  country. 


AUSTKIA-HUNGAKY 1848. 


35 


The  said  Consuls,  Vice-Consuls,  Commercial  Agents  and  Vice-Com- 
mercial Agents,  are  authorized  to  require  the  assistance  of  the  local 
authorities  for  the  search,  arrest  and  imprisonment  of  the  deserters 
from  the  ships  of  war  and  merchant  vessels  of  their  country.  For 
this  purpose  they  shall  apply  in  writing  to  the  competent  tribunals, 
judges  and  officers,  and  shall  demand  said  deserters,  proving  by  the 
exhibition  of  the  registers  of  the  vessels,  the  muster-rolls  of  the  crews, 
or  by  any  other  official  documents,  that  such  individuals  form  legally 
part  of  the  crews;  and,  on  such  claim  being  substantiated,  the  surren- 
der shall  not  be  refused. 

Such  deserters  when  arrested  shall  be  placed  at  the  disposal  of  the 
said  Consuls,  Vice-Consuls,  Commercial  Agents,  and  Vice-Commer- 
cial Agents,  and  may  be  confined  in  the  public  j)risons,  at  the  request 
and  cost  of  those  who  shall  claim  them,  in  order  to  be  sent  to  the 
vessels  to  which  they  belong,  or  to  others  of  the  same  country.  But 
if  not  sent  back  within  three  months  of  the  day  of  their  arrest,  they 
shall  be  set  at  liberty,  and  shall  not  be  again  arrested  for  the  same 
cause.  If,  however,  the  deserter  shall  be  found  to  have  committed 
any  crime  or  offense  requiring  trial,  his  surrender  may  be  delayed 
until  the  tribunal  before  which  his  case  shall  be  pending  shall  have 
pronounced  its  sentence,  and  such  sentence  shall  have  been  carried 
into  effect. 


Article  V. 

The  present  treaty  shall  continue  in  force  for  two  years,  counting 
from  the  day  of  the  exchange  of  its  ratifications;  and  if,  twelve 
months  before  the  expiration  of  that  period,  neither  of  the  high  con- 
tracting parties  shall  have  announced  by  an  official  notification  to 
the  other,  its  intention  to  arrest  the  operation  of  said  treaty,  it  shall 
remain  binding  for  one  year  beyond  that  time,  and  so  on  until  the 
expiration  of  the  twelve  months  which  will  follow  a similar  notifica- 
tion, whatever  the  time  at  which  it  may  take  place. 

Article  VI.“ 

This  convention  is  concluded  subject  to  the  ratification  of  the 
President  of  the  United  States  of  America,  by  and  with  the  advice 
and  consent  of  the  Senate  thereof,  and  of  His  Majesty  the  Emperor 


Resolution  of  the  Senate  of  the  United  States,  February  13,  1850. 

Whereas  the  time  limited  by  the  sixth  article  of  the  convention  for  the  exten- 
sion of  certain  stipulations  contained  in  the  ti'eaty  of  commerce  and  navigation 
of  August  27,  1829,  between  the  United  States  of  America  and  His  Majesty  the 
Emperor  of  Austria,  concluded  at  the  city  of  Washington  the  8th  May,  1848, 
has  expired  before  the  ratification  of  the  said  convention  by  the  Senate : Be  it, 
therefore, 

Resolved,  (two-thirds  of  the  Senators  present  eoncurring,)  That  the  Senate 
advise  and  consent  to  the  exchange  of  ratifications  of  the  convention  aforesaid, 
at  any  time  prior  to  the  4th  day  of  July  next,  whenever  the  same  shall  be 
offered  by  His  Majesty  the  Emperor  of  Austria,  and  the  said  ratifications  shall 
be  deemed  and  taken  to  have  been  regularly  exchanged,  the  limitation  contained 
in  said  convention  to  the  contrary  notwithstanding. 

Attest : 


Asbury  Dickins,  Secretary. 


36 


TREATIES,  CONVENTIONS,  ETC. 


of  Austria  ; and  the  ratifications  thereof  shall  be  exchanged  in  Wash- 
ington within  the.  term  of  one  year  from  the  date  of  the  signature 
thereof,  or  sooner  if  possible. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
above  articles,  as  well  in  German  as  in  English,  and  have  thereto 
affixed  their  seals. 

Done  in  the  city  of  Washington,  on  the  eighth  day  of  May,  one 
thousand  eight  hundred  and  forty-eight,  in  the  seventy-second  year 
of  the  independence  of  the  United  States  of  America,  and  in  the  four- 
teenth 3^ear  of  the  reign  of  His  Majesty  the  Emperor  of  Austria. 
[seal.]  James  Buchanan, 

[seal.]  Hulsemann. 


1856." 

Extradition  Convention. 

Concluded  July  3,  1856;  ratification  advised  hy  the  Senate  with 
amendment  A nyust  13, 1856;  ratifed  hy  the  President  December  12, 
1856;  ratif cations  exchanged  December  13,  1856;  proclaimed  De- 
cember 15, 1856. 


Articles. 

I.  Extraditable  crimes;  proceedings.  IV.  Duration. 

II.  Persons  not  to  be  delivered.  A'.  Ratification. 

III.  Persons  committing  crimes  in 
country  where  found. 

Bliereas  it  is  found  expedient,  for  the  better  administration  of 
justice  and  the  prevention  of  crime  within  the  territories  and  juris- 
diction of  the  parties,  respectively,  that  persons  committing  certain 
heinous  crimes,  being  fugitives  from  justice,  should,  under  certain 
circumstances,  be  reciprocally  delivered  up;  and  also  to  enumerate 
such  crimes  explicitly;  and  whereas  the  laws  of  Austria  forbid  the 
surrender  of  its  own  citizens  to  a foreign  jurisdiction,  the  Govern- 
ment of  the  United  States,  with  a view  of  making  the  convention 
strictly  reciprocal,  shall  be  held  equallj'^  free  from  any  obligation 
to  surrender  citizens  of  the  United  States;  therefore,  on  the  one  part 
the  United  States  of  America,  and  on  the  other  jiart  His  Majesty  the 
Emperor  of  Austria,  having  resolved  to  treat  on  this  subject,  have, 
for  that  purpose,  appointed  their  respective  Plenipotentiaries,  to 
negotiate  and  conclude  a convention;  that  is  to  say: 

The  President  of  the  United  States,  William  L.  Marcy,  Secretary 
of  State;  and  His  Majesty  the  Emperor  of  Austria,  John  George 
Chevalier  de  Hiilsemann,  his  said  Majesty’s  Minister  Kesident  near 
the  Government  of  the  United  States;  who,  after  recipi'ocal  commu- 
nication of  their  respective  powers,  have  agreed  to  and  signed  the 
folloAving  articles: 


"Federal  cases:  In  re  Baruch  (41  Fed.  Rei).,  472),  in  re  Adult  (55  Fed  Rep., 
.‘{76) . 


AUSTRIA-HUNGARY 1856. 


37 


Article  I. 

It  is  agreed  that  the  United  States  and  Austria  shall,  upon  mutual 
requisitions  by  them  or  their  ministers,  officers  or  authorities,  respec- 
tively made,  deliver  up  to  justice  all  persons  who,  being  charged  with 
the  crime  of  murder,  or  assault  with  intent  to  commit  murder,  or 
piracy,  or  arson,  or  robbery,  or  forgery,  or  the  fabrication  or  circula- 
tion of  counterfeit  money,  whether  coin  or  paper  money,  or  the 
embezzlement  of  public  moneys,  committed  within  the  jurisdiction 
of  either  party,  shall  seek  an  asylum  or  shall  be  found  within  the 
territories  of  the  other:  Provided^  That  this  shall  only  be  done  upon 
such  evidence  of  criminality  as,  according  to  the  laws  of  the  place 
where  the  fugitive  or  person  so  charged  shall  be  found,  would  justif}" 
his  apprehension  and  commitment  for  trial  if  the  crime  or  offense 
had  there  been  committed;  and  the  respective  judges  and  other  mag- 
istrates of  the  two  Governments  shall  have  power,  jurisdiction  and 
authority,  upon  complaint  made  under  oath,  to  issue  a warrant  for 
the  apprehension  of  the  fugitive  or  person  so  charged,  that  he  may 
-be  brought  before  such  judges  or  other  magistrates,  respectively,  to 
the  end  that  the  evidence  of  criminality  may  be  heard  and  considered ; 
and  if,  on  such  hearing,  the  evidence  be  deemed  sufficient  to  sustain 
the  charge,  it  shall  be  the  duty  of  the  examining  judge  or  magistrate 
to  certify  the  same  to  the  proper  executive  authority,  that  a warrant 
may  issue  for  the  surrender  of  such  fugitive.  The  expense  of  such 
apprehension  and  delivery  shall  be  borne  and  defrayed  by  the  party 
who  makes  the  requisition  and  receives  the  fugitive.  The  provisions 
of  the  present  convention  shall  not  be  applied,  in  any  manner,  to  the 
crimes  enumerated  in  the  first  article  committed  anterior  to  the  date 
thereof  nor  to  any  crime  or  offense  of  a political  character. 

Article  II. 

Neither  of  the  contracting  parties  shall  be  bound  to  deliver  up  its 
own  citizens  or  subjects  under  the  stipulations  of  this  convention. 

Article  III. 

Whenever  any  person  accused  of  any  of  the  crimes  enumerated  in 
this  convention  shall  have  committed  a new  crime  in  the  territories 
of  the  State  where  he  has  sought  an  asylum  or  shall  be  found,  such 
person  shall  not  be  delivered  up,  under  tbe  stipulations  of  this  con- 
vention, until  he  shall  have  been  tried  and  shall  have  received  the 
punishment  due  to  such  new  crime,  or  shall  have  been  acquitted 
thereof. 

' Article  TV. 

The  present  convention  shall  continue  in  force  until  the  first  of  Jan- 
uary, eighteen  hundred  and  fifty-eight;  and  if  neither  party  shall 
have  given  to  the  other  six  months’  previous  notice  of  its  intention 
then  to  terminate  the  same,  it  shall  further  remain  in  force  until  the 
end  of  twelve  months  after  either  of  the  high  contracting  parties 
shall  have  given  notice  to  the  other  of  such  intention;  each  of  the 


38 


TREATIES,  CONVENTIONS,  ETC. 


high  contracting  parties  reserving  to  itself  the  right  of  giving  such 
notice  to  the  other  at  any  time  after  the  expiration  of  the  said  first 
day  of  January,  1858. 


Article  V. 

The  present  convention  shall  be  ratified  by  the  President,  by  and 
with  the  advice  and  consent  of  the  Senate  of  the  United  States,  and 
by  His  Majesty  the  Emperor  of  Austria,  and  the  ratifications  shall 
be  exchanged  at  Washington  within  six  months  from  the  date  hereof, 
or  sooner  if  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  this 
convention  and  have  hereunto  affixed  their  seals. 

Done  in  duplicate  at  Washington,  the  third  day  of  July,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  fifty-six,  and  of  the 
Independence  of  the  United  States  the  eightieth. 

[seal.]  W.  L.  Marcy. 

[seal.]  Hulsemann. 


1863. 


Agreement  Concerning  Admission  of  Tobacco. 

Signed  Decernher  20,  1863. 

IWiereas,  an  informal  Convention  on  the  subject  of  the  exportation 
of  certain  tobacco  from  the  United  States  was,  on  the  23rd  day  of 
November  last,  concluded  between  the  Secretary  of  State  and  the 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  His  Majesty 
the  Emperor  of  the  French,  a copy  of  which  Convention  is  hereunto 
annexed.® 

It  is  hereby  stipuated  by  and  between  Frederick  W.  Seward,  Act- 
ing Secretary  of  State  of  the  United  States  and  Count  • Nicholas 
Giorgi,  Minister  Eesident  of  His  Majesty  the  Emperor  of  Austria, 
that  the  tobacco  in  this  countrj^,  belonging  to  the  Austrian  Govern- 
ment, purchased  and  paid  for  prior  to  the  4th  of  March  1861,  amount- 
ing to  six  hundred  and  twelve  (612)  hogsheads,  or  thereabouts,  may 
be  exported  from  places  within  the  limits  of  the  blockade,  on  condi- 
tions similar  to  those  required  for  the  exportation  of  tobacco  belong- 
ing to  the  French  government:  but  as  it  is  not  convenient  for  the 
Austrian  Government  to  post  any  of  its  naval  vessels  for  the  purpose 
of  superintending  such  exportation,  it  is  farther  stipulated  that  such 
exportation  may  be  made  under  the  superintendence  of  such  of  the 
vessels  of  the  French  navy  as  may  be  emplo5'^ed  in  superintending 
the  exportation  of  the  tobacco  belonging  to  the  Government  of 
France. 

Done  at  the  City  of  Washington  this  24th  day  of  December,  1863. 

F.  W.  Seward 
N Giorgi 


Not  annexed  to  original  in  State  Dept. 


AUSTEIA-HUNGARY 1870. 


39 


1870. 

Consular  Convention. 

Concluded  July  11^  1870:  ratijication  advised  hy  the  Senate  Decem- 
ber 9y  1870;  ratified  by  the  President  December  19^  1870;  time  for 
exchange  of  ratifications  extended  by  the  Senate  May  12^  1871; 
ratifications  exchanged  June  26, 1871;  'proclaimed  June  29, 1871. 

Articles. 


I.  Officers  recognized. 

II.  Exemptions  and  immunities. 

III.  Exemptions  as  witnesses. 

IV.  Use  of  arms  and  flags. 

V.  Inviolability  of  archives 

VI.  Powers  of  acting  officers. 

VII.  Vice-consuls  and  consular  agents. 

VIII.  Applications  to  local  authorities. 

IX.  Performance  of  notarial  acts. 


X.  Authority  as  to  shipping. 

XI.  Disputes  between  masters  and 
crews. 

XII.  Deserters  from  ships. 

XIII.  Settlement  of  damages  at  sea. 

XIV.  Shipwreck  proceedings. 

XV.  Most  favored  nation  privileges. 

XVI.  Notice  of  death  of  intestates. 

XVII.  Duration ; ratification. 


The  President  of  the  United  States  of  America,  and  His  Majesty 
the  Emperor  of  Austria,  King  of  Bohemia,  etc.,  and  Apostolic  King 
of  Hungary,  animated  by  the  desire  to  define  in  a comprehensive  and 
precise  manner  the  recijirocal  rights,  privileges  and  immunities  of  the 
Consuls-General,  Consuls,  Vice-Consuls  and  Consular  Agents  (their 
Chancellors  and  Secretaries)  of  the  United  States  of  America  and 
of  the  Austro-Hungarian  Monarchy,  and  to  determine  their  duties 
and  their  respective  sphere  of  action,  have  agreed  upon  the  conclu- 
sion of  a consular  convention,  and  for  that  jmrpose  have  appointed 
their  respective  Plenipotentiaries,  namely:  the  President  of  the 
United  States  of  America,  Hamilton  Fish,  Secretary  of  State  of  the 
United  States;  and  His  Majesty  the  Emperor  of  Austria,  Apostolic 
King  of  Hungary,  Charles,  Baron  von  Lederer,  Knight  of  the  Im- 
perial and  Royal  Order  of  Leopold,  and  His  Majesty’s  Envoy  Ex- 
traordinary and  Minister  Plenipotentiary  in  the  United  States  of 
America,  who,  after  communicating  to  each  other  their  full  powers, 
found  in  good  and  due  form,  have  agreed  upon  the  following  articles : 


Article  I. 

Each  of  the  high  contracting  parties  shall  be  at  liberty  to  establish 
Consuls-General,  Consuls,  Vice-Consuls  or  Consular  Agents  at  the 
ports  and  places  of  trade  of  the  other  pariA,  except  those  where  it 
may  not  be  convenient  to  recognize  such  officers;  but  this  exception 
shall  not  apply  to  one  of  the  high  contracting  parties  without  also 
applying  to  every  other  Power.  Consuls-General,  Consuls  and  other 
Consular  officers  appointed  and  taking  office  according  to  the  pro- 
visions of  this  article,  in  one  or  the  other  of  the  two  countries,  shall 
be  free  to  exercise  the  right  accorded  them  by  the  present  convention 
throughout  the  whole  of  the  district  for  which  they  may  be  respec- 
tively appointed.  The  said  functionaries  shall  be  admitted  and  rec- 
ognized respectively  upon  presenting  their  credentials  in  accordance 
with  the  rules  and  formalities  established  in  their  respective  countries. 
The  exequatur  required  for  the  free  exercise  of  their  official  duties 
shall  be  delivered  to  them  free  of  charge;  and  upon  exhibiting  such 


40 


TREATIES,  CONVENTIONS,  ETC. 


exequatur  they  shall  be  admitted  at  once  and  without  interference  by 
the  authorities,  Federal  or  State,  judicial  or  executive,  of  the  ports, 
cities  and  places  of  their  residence  and  district,  to  the  enjoyment  of 
the  prerogatives  reciprocally  granted. 

Article  II. 

The  Consuls-General,  Consuls,  Vice-Consuls  and  Consular  Agents, 
their  chancellors,  and  other  Consular  Officers,  if  they  are  citizens  of 
the  State  which  appoints  them,  shall  be  exempt  from  military  billet- 
ings,  from  service  in  the  military  or  the  national  guard,  and  other 
duties  of  the  same  nature,  and  from  all  direct  and  iiersonal  taxation, 
whether  federal,  state  or  municipal,  provided  they  be  not  owners  of 
real  estate,  and  neither  carry  on  trade  nor  any  industrial  business. 

If,  however,  they  are  not  citizens  of  the  State  which  appoints  them, 
or  if  they  are  citizens  of  the  State  in  which  they  reside,  or  if  they 
own  property,  or  engage  in  any  business  there  that  is  taxed  under 
any  laws  of  the  country,  then  they  shall  be  subject  to  the  same  taxes, 
charges  and  assessments  as  other  private  individuals.  They  shall, 
moreover,  enjoy  personal  immunities,  except  for  acts  regarded  as 
crimes  by  the  laws  of  the  country  in  which  they  reside.  If  they  are 
engaged  in  commerce,  personal  detention  can  be  resorted  to  in  "their 
case  only  for  commercial  liabilities,  and  then  in  accordance  only  with 
general  laws,  applicable  to  all  persons  alike. 

Article  III. 

Consuls-General,  Consuls  and  their  Chancellors,  Vice-Consuls  and 
Consular  Officers,  if  citizens  of  the  country  which  appoints  them, 
shall  not  be  summoned  to  appear  as  witnesses  before  a court  of  justice, 
except  when,  pursuant  to  law,  the  testimony  of  a consul  may  be  neces- 
sary for  the  defence  of  a person  charged  with  crime.  In  other  cases 
the  local  court,  when  it  deems  the  testimony  of  a Consul  necessary, 
shall  either  go  to  his  dwelling  to  have  the  testimony  taken  orally,  or 
shall  send  there  a competent  officer  to  reduce  it  to  writing,  or  shall 
ask  of  him  a written  declaration. 

Article  IV. 

Consuls-Generals,  Consuls,  Vice-Consuls  and  Consular  Agents  shall 
be  at  liberty  to  place  over  the  chief  entrance  of  their  respective  offices 
the  arms  of  their  nation,  with  the  inscription : “ Consulate-General  ”, 
“ Consulate  ”,  “ Vice-Consulate  ” or  “ Consular  Agency  ”.  as  may  be. 
They  shall  also  be  at  liberty  to  hoist  the  flag  of  their  country  on  the 
consular  edifice,  except  when  they  reside  in  a city  where  the  legation 
of  their  Government  may  be  established.  They  shall  also  be  at  liberty 
to  hoist  their  flag  on  board  the  vessel  employed  by  them  in  port  for 
the  discharge  of  their  duty. 


Article  V. 

The  consular  archives  shall  be  at  all  times  inviolable,  and  under  no 
pretence  whatever  shall  the  local  authorities  be  allowed  to  examine  or 
seize  the  papers  forming  part  of  them. 


AUSTRIA-HUNGARY 1870. 


41 


Article  VI. 

In  the  event  of  incapacity,  absence,  or  death  of  Consuls-General, 
Consuls,  Vice-Consuls,  their  Consular  Pupils,  Chancellors  or  Secre- 
taries, whose  official  character  may  have  been  previously  made  known 
to  the  respective  authorities  in  the  United  States,  or  in  the  Austro- 
Hungarian  Empire,  shall  be  admitted  at  once  to  the  temporary  exer- 
cise of  the  consular  functions,  and  they  shall,  for  the  duration  of  it, 
enjoy  all  the  immunities,  rights  and  privileges  conferred  upon  them 
by  the  convention. 

Article  VII. 

Consuls-General  and  Consuls  shall  have  the  power  to  appoint  Vice- 
Consuls  and  Consular  Agents  in  the  cities,  ports  and  towns  within 
their  consular  districts,  subject,  however,  to  the  approbation  of  the 
Government  of  the  countri'  where  they  reside.  These  Vice-Consuls 
and  Consular  Agents  may  be  selected  indiscriminately  from  among 
citizens  of  the  two  countries  or  from  foreigners,  and  they  shall  be 
furnished  with  a commission  issued  by  the  appointing  Consul,  under 
whose  orders  they  are  to  be  placed.  They  shall  enjoy  the  privileges 
and  liberties  stipulated  in  this  convention.  To  Vice-Consuls  and  to 
Consular  Agents  who  are  not  citizens  of  the  State  which  appoints 
them,  the  privileges  and  immunities  specified  in  Article  II.  shall  not 
extend. 

Article  VIII. 

Consuls-General,  Consuls,  Vice-Consuls  or  Consular  Agents  of  the 
two  countries  may,  in  the  exercise  of  their  duties,  apply  to  the  authori- 
ties within  their  district,  whether  federal  or  local,  judicial  or  execu- 
tive, in  the  event  of  any  infraction  of  the  treaties  and  conventions  be- 
tween the  two  countries;  also  for  the  jiurpose  of  protecting  the  rights 
of  their  countrymen.  Should  the  said  authorities  fail  to  take  due 
notice  of  their  application,  they  shall  be  at  liberty,  in  the  absence  of 
any  diplomatic  representative  of  their  country,  to  apply  to  the  Gov- 
ernment of  the  country  where  they  reside. 


Article  IX. 


Consuls-General,  Consuls,  Vice-Consuls  or  Consular  Agents  of  the 
two  countries,  also  their  chancellors,  shall  have  the  right  to  take  at 
their  office,  at  the  residence  of  the  parties,  or  on  board  ship,  the  depo- 
sitions of  the  captains  and  crews  of  vessels  of  their  own  nation,  of 
passengers  on  board  of  them,  of  merchants,  or  any  other  citizens  of 
their  own  country.  They  shall  have  the  power  also  to  receive  and 
verify,  conformably  to  the  laws  and  regulations  of  their  country : 1st. 
Wills  and  bequests  of  their  countrymen,  and  all  such  acts  and  con- 
tracts between  their  countrymen  as  are  intended  to  be  drawn  up  in 
an  authentic  form,  and  verified.  2nd.  Any  and  all  acts  of  agreement 
entered  upon  between  citizens  of  their  own  country  and  inhabitants  of 
the  country  where  they  reside.  All  such  acts  of  agreement,  and  other 
instruments,  and  also  copies  thereof,  when  duly  authenticated  by  such 
Consul-General,  Consul,  Vice-Consul  or  Consular  Agent  under  his 
official  seals,  shall  be  received  in  courts  of  justice  as  legal  documents, 


42 


TKEATIES^  CONVENTIONS,  ETC. 


or  as  authenticated  copies,  as  the  case  may  be,  and  shall  have  the  same 
force  and  effect  as  if  drawn  up  by  competent  public  officers  of  one  or 
the  other  of  the  two  countries.  Consuls-General,  Consuls,  Vice-Con- 
suls or  Consular  Agents  of  the  respective  countries  shall  have  the 
power  to  translate  and  legalize  all  documents  issued  by  the  authori- 
ties or  functionaries  of  their  own  country,  and  such  papers  shall  have 
the  same  force  and  effect  in  the  country  where  the  aforesaid  officers 
reside  as  if  drawn  up  by  sworn  interpreters. 

Article  X. 

Consuls-General,  Consuls,  Vice-Consuls  or  Consular  Agents  shall 
be  at  liberty  to  go  on  board  the  vessels  of  their  nation  admitted  to 
entry,  either  in  person  or  by  proxy,  and  to  examine  the  captain  and 
crew,  to  look  into  the  register  of  the  ship,  to  receive  declarations  with 
reference  to  their  voyage,  their  destination,  and  the  incidents  of  the 
voyage;  also,  to  draw  up  manifests,  lists  of  freight,  to  assist  in  de- 
spatching their  vessels,  and  finally  to  accompany  the  said  captains  or 
crews  before  the  courts  and  before  the  administrative  authorities,  in 
order  to  act  as  their  interpreters  or  agents  in  their  business  transac- 
tions or  ajiplications  of  any  kind.  The  judicial  authorities  and  cus- 
tom-house officials  shall  in  no  case  proceed  to  the  examination  or 
search  of  merchant  vessels  without  previous  notice  to  the  consular 
authority  of  the  nation  to  which  the  said  vessels  belong,  in  order  to 
enable  them  to  be  present. 

They  shall  also  give  due  notice  to  Consuls,  Vice-Consuls  or  Consular 
Agents,  in  order  to  enable  them  to  be  present  at  any  depositions  or 
statements  to  be  made  in  courts  of  law,  or  before  local  magistrates,  by 
captains  or  persons  composing  the  crew,  thus  to  prevent  errors  or  false 
interpretations  which  might  impede  the  correct  administration  of 
justice. 

The  notice  of  Consuls,  Vice-Consuls  or  Consular  Agents  shall  name 
the  hour  fixed  for  such  proceedings,  and  upon  the  non-appearance  of 
the  said  officers  or  their  representatives,  the  case  shall  be  proceeded 
with  in  their  absence. 

Article  XI. 

Consuls,  Vice-Consuls  or  Consular  Agents,  shall  have  exclusive 
charge  of  the  internal  order  of  the  merchant  vessels  of  their  nation. 
They  shall  have  therefore  the  exclusive  power  to  take  cognizance  of 
and  to  settle  all  differences  which  may  arise  at  sea  or  in  port  between 
captains,  officers  and  crews  in  reference  to  wages  and  the  execution  of 
mutual  contracts,  subject  in  each  case  to  the  laws  of  their  own  nation. 
The  local  authorities  shall  in  no  way  interfere,  except  in  cases  where 
the  differences  on  board  ship  are  of  a nature  to  disturb  the  peace  and 
public  order  in  port  or  on  shore,  or  when  persons  other  than  the  offi- 
cers and  crew  of  the  vessel  are  parties  to  the  disturbance,  except  as 
aforesaid,  the  local  authorities  shall  confine  themselves  to  the  render- 
ing of  forcible  assistance  if  required  by  the  Consuls,  Vice-Consuls  or 
Consular  Agents,  and  shall  cause  the  arrest,  temporary  imprisonment 
and  removal  on  board  his  own  vessel  of  every  person  whose  name  is 
found  on  the  muster-rolls  or  register  of  the  ship  or  list  of  the  crew. 


AUSTRIA-HUNGARY — 1870, 


43 


Article  XII. 

Consuls-General,  Consuls,  Vice-Consuls  or  Consular  Agents,  shall 
have  the  power  to  cause  the  arrest  of  all  sailors  or  all  other  persons 
belonging  to  the  crews  of  vessels  of  their  nation  who  may  be  guilty 
of  having  deserted  on  the  respective  territories  of  the  high  contract- 
ing Powers,  and  to  have  them  sent  on  board  or  back  to  their  native 
country.  To  that  end  they  shall  make  a written  application  to  the 
competent  local  authority,  supporting  it  by  the  exhibition  of  the 
ship’s  register  and  list  of  the  crew,  or  else,  should  the  vessel  have 
sailed  previously,  by  producing  an  authenticated  copy  of  these  docu- 
ments, showing  that  the  persons  claimed  really  do  belong  to  the 
ship’s  crew.  Upon  such  request  the  surrender  of  the  deserter  shall 
not  be  refused.  Every  aid  and  assistance  shall,  moreover,  be  granted 
to  the  said  consular  authorities  for  the  detection  and  arrest  of  de- 
serters, and  the  latter  shall  be  taken  to  the  prisons  of  the  country 
and  there  detained  at  the  request  and  expense  of  the  consular  au- 
thority until  there  may  be  an  opportunity  for  sending  them  away. 
The  duration  of  this  imprisonment  shall  not  exceed  the  term  of  three 
months,  at  the  expiration  of  which  time,  and  upon  three  days’  notice 
to  the  consul,  the  prisoner  shall  be  set  free,  and  he  shall  not  be  liable 
to  rearrest  for  the  same  cause.  Should,  however,  the  deserter  have 
committed  on  shore  an  indictable  offence,  the  local  authorities  shall  be 
free  to  postpone  his  extradition  until  due  sentence  shall  have  been 
passed  and  executed.  The  high  contracting  parties  agree  that  sea- 
men, or  other  individuals  forming  part  of  the  ship’s  crew,  who  are 
citizens  of  the  country  in  which  the  desertion  took  place,  shall  not 
be  affectecl  by  the  provisions  of  this  article. 

Article  XIII. 

In  all  cases  where  no  other  agreement  to  the  contrary  exists  between 
owners,  freighters  and  insurers,  all  damages  suffered  at  sea  by  the 
vessels  of  the  two  countries,  whether  they  enter  the  respective  ports 
voluntarily  or  by  stress  of  weather,  shall  be  settled  by  tlie  Consuls- 
General,  Consuls,  Vice-Consuls  or  Consular  Agents  of  their  respec- 
tive nation,  provided  no  interests  of  citizens  of  the  country  where 
the  said  functionaries  reside,  nor  of  citizens  of  a third  Power  are 
concerned.  In  that  case,  and  in  the  absence  of  a friendly  compro- 
mise between  all  parties  interested,  the  adjudication  shall  take  place 
under  supervision  of  the  local  authorities. 

Article  XIV. 

In  the  event  of  a vessel  belonging  to  the  Government,  or  owned  by 
a citizen  of  one  of  the  two  contracting  States,  being  wrecked  or  cast 
on  shore  upon  the  coast  of  the  other,  the  local  authorities  shall  inform 
the  Consuls-General,  Consuls,  Vice-Consuls  or  Consular  Agents  of 
the  district  of  the  occurrence,  or  if  such  Consular  Agency  does  not 
exist,  they  shall  communicate  with  the  Consul-General,  Consul,  Vice- 
Consul  or  Consular  Agent  of  the  nearest  district. 

All  proceedings  relative  to  the  salvage  of  American  vessels  wrecked 
or  cast  on  shore  in  Austro-Hungarian  waters  shall  be  directed  by  the 
United  States  Consuls-General,  Consuls,  Vice-Consuls  or  Consular 


44 


TEEATTES,  CONVENTIONS,  ETC. 


Agents;  also  all  proceedings  relative  to  the  salvage  of  Austro-Hun- 
garian vessels  wrecked  or  cast  on  shore  in  American  waters,  shall  be 
directed  by  Austro-Hungarian  Consuls-General,  Consuls,  Vice-Con- 
suls or  Consular  Agents. 

xVn  interference  of  the  local  authorities  in  the  two  countries  shall 
take  place  for  the  purpose  only  of  assisting  the  consular  authorities  in 
maintaining  order  and  protecting  the  rights  of  salvors  not  belonging 
to  the  crew ; also  for  enforcing  the  regulations  relative  to  the  import 
or  export  of  the  merchandise  saved. 

In  the  absence  and  until  the  arrival  of  the  Consuls-General,  Con- 
suls, Vice-Consuls  or  Consular  Agents,  or  their  duly  appointed  dele- 
gates, the  local  authorities  shall  take  all  the  necessary  measures  for 
the  protection  of  persons  and  preservation  of  the  property  saved  from 
the  wreck. 

No  charges  shall  be  made  for  the  interference  of  the  local  authorities 
in  such  cases,  excej^t  for  expenses  incurred  through  salvage  and  the 
preservation  of  property  saved,  also  for  those  expenses  which,  under 
similar  circumstances,  vessels  belonging  to  the  country  where  the 
wreck  hapjoens  would  have  to  incur. 

In  case  of  a doubt  concerning  the  nationality  of  the  wrecks,  the 
local  authorities  shall  have  exclusively  the  management  and  execu- 
tion of  the  provisions  laid  down  in  the  joresent  article. 

The  high  contracting  parties  also  agree  that  all  merchandise  and 
goods  not  destined  for  consumption  in  the  country  in  which  the  wreck 
takes  place  shall  be  free  of  all  duties. 

Article  XV. 

Consuls-General,  Consuls,  Vice-Consuls  and  Consular  Agents,  also 
Consular  PujdIIs,  Chancellors  and  Consular  Officers  shall  enjoy  in 
the  two  countries  all  the  liberties,  prerogatives,  immunities  and  priv- 
ileges granted  to  functionaries  of  the  same  class  of  the  most  favored 
nation. 


Article  XVI. 

In  case  of  the  death  of  a citizen  of  the  United  States  in  the  Austro- 
Hungarian  Monarchy,  or  of  a citizen  of  the  Austro  Hungarian 
Monarchy  in  the  United  States,  without  having  any  known  heirs  or 
testamentary  executors  by  him  appointed,  the  competent  local  au- 
thorities shall  inform  the  Consuls  or  Consular  Agents  of  the  State  to 
which  the  deceased  belonged  of  the  circumstance,  in  order  that  the 
necessary  information  may  be  immediately  forwarded  to  the  parties 
interested. 


Article  XVII. 

The  present  convention  shall  remain  in  force  for  the  space  of  ten 
years  from  the  date  of  the  exchange  of  the  ratifications,  which  shall 
be  made  in  conformity  with  the  respective  constitutions  of  the  two 
countries,  and  exchanged  at  "Washington  within  the  period  of  ten 
months,  or  sooner,  if  possible.® 


® Ry  resolution  of  the  Senate  the  time  for  exchange  of  ratifications  was 
extended  three  months. 


AUSTRIA-HUNGARY 1870. 


45 


In  case  neither  of  the  contracting  parties  gives  notice  before  the  ex- 
piration of  the  said  term  of  his  intention  not  to  renew  this  conven- 
tion, it  shall  remain  in  force  a year  longer,  and  so  on,  from  year  to 
year,  until  the  expiration  of  a year  from  the  day  on  which  one  of  the 
parties  shall  have  given  such  notice. 

In  testimony  whereof  the  respective  Plenipotentiaries  have  signed 
this  convention,  and  hereunto  affixed  their  respective  seals. 

Done  in  duplicate  at  Washington,  the  eleventh  day  of  July,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  seventy. 

[seal.]  Hamilton  Fish, 

[seal.]  Lederer. 


1870. 


Naturalization  Convention. 

Concluded  Septemher  £0,  1870;  ratification  advised  hy  the  Senate 
March  22^  1871 ; ratided  hy  the  President  March  2f^  1871 ; ratifica- 
tions exchanged  July  1871;  proclaimed  August  i,  1871. 

Articles. 


I.  Requirements  necessary. 
II.  Liability  for  prior  offenses. 
III.  Former  treaties  continued. 


IV.  Resumption  of  former  citizenship. 

V.  Duration. 

VI.  Ratification. 


The  President  of  the  United  States  of  America,  and  His  Majesty 
the  Emperor  of  Austria,  King  of  Bohemia,  etc.,  and  Apostolic  King 
of  Hungary,  led  by  the  wish  to  regulate  the  citizenship  of  those  per- 
sons who  emigrate  from  the  United  States  of  America  to  the  terri- 
tories of  the  Austro-Hungarian  Monarchy,  and  from  the  Austro-Hun- 
garian Monarchy  to  the  United  States  of  America,  have  resolved  to 
treat  on  this  subject,  and  have  for  that  purpose  appointed  Plenipo- 
tentiaries to  conclude  a Convention,  that  is  to  say : 

The  President  of  the  United  States  of  America,  John  Jay,  Envoy 
Extraordinary  and  Minister  Plenipotentiary  from  the  United  States 
to  His  Imperial  and  Royal  Apostolic  Majesty;  and  His  Majesty  the 
Emperor  of  Austria,  etc..  Apostolic  King  of  Hungary,  the  Count 
Frederick  Ferdinand  de  Beust,  His  Majesty’s  Privy  Counsellor  and 
Chamberlain,  Chancellor  of  the  Empire,  Minister  of  the  Imperial 
House  and  of  Foreign  Affairs,  Grand  Cross  of  the  Orders  of  St. 
Stephen  and  Leopold,  who  have  agreed  to  and  signed  the  following 
articles : 

Article  I. 


Citizens  of  the  Austro-Hungarian  Monarchy  who  have  resided  in 
the  United  States  of  America  uninterruptedly  at  least  five  years,  and 
during  such  residence  have  become  naturalized  citizens  of  the  United 
States,  shall  be  held  by  the  Government  of  Austria  and  Hungary  to 
be  American  citizens,  and  shall  be  treated  as  such. 

Reciprocally,  citizens  of  the  United  States  of  America  who  have 
resided  in  the  territories  of  the  Austro-Hungarian  Monarchy,  uninter- 
ruptedly at  least  five  years,  and  during  such  residence  have  become 
naturalized  citizens  of  the  Austro-Hungarian  Monarchy,  shall  be  held 


46 


TREATIES,  CONVENTIONS,  ETC. 


by  the  United  States  to  be  citizens  of  the  Austro-Hungarian  Mon- 
archy, and  shall  be  treated  as  such. 

The  declaration  of  an  intention  to  become  a citizen  of  the  one  or  the 
other  country  has  not  for  either  party  the  effect  of  naturalization. 

Article  II. 

A naturalized  citizen  of  the  one  party,  on  return  to  the  territory  of 
the  other  party,  remains  liable  to  trial  and  punishment  for  an  action 
punishable  by  the  laws  of  his  original  country  committed  before  his 
emigration,  saving  always  the  limitation  established  by  the  laws  of 
his  original  country  and  any  other  remission  of  liability  to  pun- 
ishment. 

In  particular,  a former  citizen  of  the  Austro-Hungarian  Monarchy, 
who,  under  the  first  article,  is  to  be  held  as  an  ^Vmerican  citizen,  is 
liable  to  trial  and  punishment,  according  to  the  laws  of  Austro- 
Hungary,  for  non-fulfilment  of  military  duty:  1st.  If  he  has  emi- 
grated, after  having  been  drafted  at  the  time  of  conscription,  and 
thus  having  become  enrolled  as  a recruit  for  service  in  the  standing 
army.  2d.  If  he  has  emigrated  Avhilst  he  stood  in  service  under  the 
flag,  or  had  a leave  of  absence  only  for  a limited  time.  3d.  If,  having 
a leave  of  absence  for  an  unlimited  time,  or  belonging  to  the  reserve 
or  to  the  militia,  he  has  emigrated  after  having  received  a call  into 
service,  or  after  a public  proclamation  requiring  his  appearanqe,  or 
aiter  war  has  broken  out.  On  the  other  hand,  a former  citizen  of  the 
Austro-Hungarian  Monarchy,  naturalized  in  the  United  States,  who 
by,  or  after,  his  emigration  has  transgressed  the  legal  provisions  on 
military  duty  by  any  acts  or  omissions  other  than  those  above  enu- 
merated in  the  clauses  numbered  one,  two  and  three,  can,  on  his  return 
to  his  original  country,  neither  be  held  subsequently  to  military  serv- 
ice nor  remain  liable  to  trial  and  punishment  for  the  non-fulfilment 
of  his  military  duty. 

Article  III. 

The  convention  for  the  mutual  delivery  of  criminals,  fugitives  from 
justice,  concluded  on  the  3d  July,  1856,  betiA^een  the  Government  of 
the  United  States  of  America  on  the  one  part,  and  the  Austro- 
Hungarian  Monarchy  on  the  other  part,  as  well  as  the  additional  con- 
vention, signed  on  the  8th  May,  1848,  to  the  treaty  of  commerce  and 
navigation  concluded  between  the  said  Goi^ernments  on  the  27th  of 
August,  1839  [1829],  and  especially  the  stipulations  of  Article  IV.  of 
the  said  additional  convention  concerning  the  delivery  of  the  deserters 
from  the  ships  of  war  and  merchant  vessels,  remain  in  force  without 
change. 

Article  IV. 

The  emigrant  from  the  one  State,  who,  according  to  Article  I.,  is  to 
be  held  as  a citizen  of  the  other  State,  shall  not,  on  his  return  to  his 
original  country,  be  constrained  to  resume  his  former  citizenship ; yet, 
if  he  shall  of  his  own  accord  reacquire  it,  and  renounce  the  citizenship 
obtained  by  naturalization,  such  a renunciation  is  allowable,  and  no 
fixed  period  of  residence  shall  be  required  for  the  recognition  of  his 
recovery  of  citizenship  in  his  original  country. 


AUSTRIA-HUNGARY ISlO-lSll. 


47 


Article  V. 

The  prasent  convention  shall  go  into  effect  immediately  on  the  ex- 
change of  ratifications,  and  shall  continue  in  force  ten  years.  If 
neither  party  shall  have  given  to  the  other  six  months’  previous  notice 
of  its  intention  then  to  terminate  the  same,  it  shall  further  remain  in 
force  until  the  end  of  twelve  months  after  either  of  the  contracting 
parties  shall  have  given  notice  to  the  other  of  such  intention. 

xVrticle  VI. 

The  present  convention  shall  be  ratified  by  the  President  of  the 
United  States,  by  and  with  the  consent  of  the  Senate  of  the  United 
States,  and  by  His  Majesty  the  Emperor  of  Austria,  etc.,  King  of 
Hungary,  with  the  constitutional  consent  of  the  two  Legislatures  of 
the  Austro-Hungarian  Monarchy,  and  the  ratifications  shall  be  ex- 
changed at  Vienna  within  twelve  months  from  the  date  hereof. 

In  faith  whereof  the  Plenipotentiaries  have  signed  this  convention 
as  well  in  German  as  in  English,  and  have  thereto  affixed  their  seals. 

Done  at  Vienna  the  twentieth  day  of  September,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  seventy,  in  the  ninety-fifth  year 
of  the  Independence  of  the  United  States  of  America,  and  in  the 
twenty-second  year  of  the  reign  of  His  Imperial  and  Eoyal  Apostolic 
Majesty. 

[seal.]  John  Jay. 

[seal.]  Beust. 


1871. 

Trade-Mark  Convention. 

Concluded  November  25^  1811;  ratification  advised  by  the  Senate 
January  18, 1872;  ratifed  by  the  President  January  27,  1872;  rati- 
fications exchanged  April  22,  1872;  proclaimed  June  1,  1872. 


Articles. 

I.  Mutual  protection  of  trade-marks.  I III.  Duration. 

II.  Registration.  I IV.  Ratification. 

The  United  States  of  America  and  his  Majesty  the  Emperor  of 
Austria,  King  of  Bohemia  etc.,  and  Apostolic  King  of  Hungary, 
desiring  to  secure  in  their  respective  territories,  a guarantee  of  prop- 
erty in  trade  marks,  have  resolved  to  conclude  a special  convention 
for  this  purpose,  and  have  named  as  their  Plenipotentiaries : 

The  President  of  the  United  States  of  America,  John  Jay,  their 
Envoy  Extraordinary  and  Minister  Plenipotentiary  from  the  United 
States  of  America  to  His  Imperial  and  Royal  Apostolic  Majesty ; and 
His  Majesty  the  Emperor  of  Austria  and  Apostolic  King  of  Hun- 
gary ; the  Count  Julius  Andrassy  of  Csik  Szent  Kiraly  and  Kraszna 
Horka,  His  Majesty’s  Privy  Counsellor  and  Minister  of  the  Imperial 
House  and  of  Foreign  Affairs,  Grand  Cross  of  the  Order  of  St. 
Stephen,  &c.,  &c.,  &c.,  who  have  agreed  to  sign  the  following  articles. 


48 


TREATIES,  CONVENTIONS,  ETC. 


Article  I. 

Every  reproduction  of  trade-marks  which  in  the  countries  or  terri- 
tories of  the  one  of  the  contracting  parties  are  affixed  to  certain  mer- 
chandize to  jDi'ove  its  origin  and  quality  is  forbidden  in  the  countries 
or  territories  of  the  other  of  the  contracting  parties,  and  shall  give 
to  the  injured  party  ground  for  such  action  or  proceedings  to  pre- 
vent such  reproduction,  and  to  recover  damages  for  the  same,  as  may 
be  authorized  by  the  laws  of  the  country  in  which  the  counterfeit  is 
proven,  just  as  if  the  plaintiff  were  a citizen  of  that  country. 

The  exclusive  right  to  use  a trade-mark  for  the  benefit  of  citizens 
of  the  United  States  in  the  Austro-Hungarian  Empire,  or  of  citizens 
of  the  Austro-Hungarian  Monarchy  in  the  territory  of  the  United 
States,  cannot  exist  for  a longer  period  than  that  fixed  by  the  law 
of  the  country  for  its  own  citizens.  If  the  trade-mark  has  become 
public  property  in  the  country  of  its  origin,  it  shall  be  equally  free 
to  all  in  the  countries  or  territories  of  the  other  of  the  two  contract- 
ing parties. 

Article  II. 

If  the  owners  of  trade  marks,  residing  in  the  countries  or  terri- 
tories of  the  one  of  the  contracting  parties,  wish  to  secure  their 
rights  in  the  countries  or  territories  of  the  other  of  the  contracting 
parties,  they  must  deposit  duplicate  copies  of  those  marks  in  the 
Patent  Office  at  Washington  and  in  the  Chambers  of  Commerce  and 
Trade  in  Vienna  and  Pesth. 


Article  III. 

The  present  arrangement  shall  take  effect  ninety  days  after  the 
exchange  of  ratifications,  and  shall  continue  in  force  for  ten  years 
from  this  date. 

In  case  neither  of  the  high  contracting  parties  gives  notice  of  its 
intention  to  discontinue  this  Convention  twelve  months  before  its 
expiration,  it  shall  remain  in  force  one  year  from  the  time  that  either 
of  the  high  contracting  parties  announces  its  discontinuance. 

Article  IV. 

The  ratifications  of  this  present  Convention  shall  be  exchanged  at 
Vienna  within  twelve  months  or  sooner  if  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  the 
present  Convention  as  well  in  English  as  in  German  and  Hungarian, 
and  have  affixed  thereto  their  respective  seals. 

Done  at  Vienna  the  twenty-fifth  day  of  November,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  seventy-one,  in  the  ninety- 
sixth  year  of  the  Independence  of  the  United  States  of  America, 
and  in  the  twenty-third  year  of  the  reign  of  His  Imperial  and  Royal 
Apostolic  Majesty. 

[seal.]  John  Jay. 

[seal.]  Andrassy. 


AUSTRIA-HUNGARY — 1907-1909. 


49 


1907. 

Copyright. 

BY  THE  PRESIDENT  OF  THE  UNITED  STA'TES  OF  AMERICA. 

A PROCLAMATION. 

AVliereas  it  is  provided  by  section  13  of  the  act  of  Congress  of 
March  3,  1891,  entitled  “An  Act  to  amend  title  sixty,  chapter  three, 
of  the  Revised  Statutes  of  the  United  States,  relating  to  copyrights,” 
that  said  act  “ shall  only  apply  to  a citizen  or  subject  of  a foreign 
state  or  nation  when  such  foreign  state  or  nation  permits  to  citizens 
of  the  United  States  of  America  the  benefit  of  copyright  on  sub- 
stantially the  same  basis  as  its  own  citizens;  or  when  such  foreign 
state  or  nation  is  a party  to  an  international  agreement  which  pro- 
vides for  reciprocity  in  the  granting  of  copyright,  by  the  terms  of 
which  agreement  the  United  States  of  America  may,  at  its  pleasure, 
become  a party  to  such  agreement : ” 

And  whereas  it  is  also  provided  by  said  section  that  “ the  existence 
of  either  of  the  conditions  aforesaid  shall  be  determined  by  the  Presi- 
dent of  the  United  States  by  proclamation  made  from  time  to  time 
as  the  purposes  of  this  act  may  require : ” 

And  whereas  satisfactory  official  assurances  have  been  given  that  in 
Austria  the  law  permits  to  citizens  of  the  United  States  the  benefit  of 
copyright  on  substantially  the  same  basis  as  to  the  citizens  of  that 
country : 

Now,  therefore,  I,  Theodore  Roosevelt,  President  of  the  United 
States  of  America,  do  declare  and  proclaim  that  the  first  of  the  con- 
ditions specified  in  section  13  of  the  act  of  March  3,  1891,  is  now 
fulfilled  in  respect  to  the  subjects  of  Austria. 

In  Testimony  Whereof,  I have  hereunto  set  my  hand  and  caused 
the  seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington,  this  20th  day  of  Sep- 
tember, in  the  year  of  our  Lord  one  thousand  nine  hun- 

[SEAL.]  dred  and  seven,  and  of  the  Independence  of  the  United 
States  of  America  the  one  hundred  and  thirty-second. 

Theodore  Roosevelt. 

By  the  President : 

Elihu  Root 

Secretary  of  State. 


1909. 

Arbitration  Convention. 

Signed  January  15.,  1909;  ratification  advised  hy  the  Senate  January 
20.,  1909;  ratified  hy  the  President  March  1909;  ratifications 
exchanged  at  'Washington  May  13.,  1909;  Proclaimed  May  18, 1909. 

Articles. 

I.  Differences  to  be  submitted.  I III.  Ratification ; duration. 

II.  Special  agreement.  | 

The  President  of  the  United  States  of  America  and  His  Majesty 
the  Emperor  of  Austria,  King  of  Bohemia,  etc.,  and  Apostolic  King 
of  Hungary,  signatories  of  the  Convention  for  the  pacific  settlement 
24449 — VOL  1 — 10 4 


50 


TEEATIES,  CONVENTIONS,  ETC. 


of  international  disputes,  concluded  at  The  Hague  on  the  29th  July, 
1899; 

Taking  into  consideration  that  by  Article  19  of  that  Convention 
the  High  Contracting  Parties  have  reserved  to  themselves  the  right  of 
concluding  Agreements,  with  a view  to  referring  to  arbitration  all 
questions  which  they  shall  consider  possible  to  submit  to  such  treat- 
ment, have  resolved  to  conclude  the  following  convention  and  for  that 
purpose  have  appointed  their  Plenipotentiaries: 

The  President  of  the  United  States  of  America,  Elihu  Koot,  Secre- 
tary of  State  of  the  United  States ; and 

His  Majesty  the  Emperor  of  Austria,  King  of  Bohemia,  etc.,  and 
Apostolic  King  of  Hungary,  Baron  Ladislaus  Hengelmiiller  de  Hen- 
gervar.  Grand  Cross  of  the  Orders  of  Leopold  and  Francis  Joseph, 
3rd  Class  Knight  of  the  Order  of  the  Iron  Crown,  His  Majesty’s 
Privy  Counselor  and  Ambassador  Extraordinary  and  Plenipoten- 
tiary to  the  United  States  of  America ; 

WTio,  after  communicating  to  each  other  their  respective  full 
powers,  found  in  good  and  due  form,  have  agreed  upon  the  following 
Articles : 

Article  I. 

Differences  which  may  arise  of  a legal  nature,  or  relating  to  the 
interpretation  of  treaties  existing  between  the  High  Contracting 
Parties,  and  which  it  may  not  have  been  possible  to  settle  by  diplo- 
macy, shall  be  referred  to  the  Permanent  Court  of  Arbitration  estab- 
lished at  The  Hague  by  the  Convention  of  the  29th  July,  1899;  pro- 
vided, nevertheless,  that  they  do  not  affect  the  vital  interests,  the 
independence,  or  the  honor  of  the  High  Contracting  Parties,  and  do 
not  concern  the  interests  of  third  Parties. 

Article  II. 

In  each  individual  case  the  High  Contracting  Parties,  before  ap- 
pealing to  the  Permanent  Court  of  Arbitration,  shall  conclude  a 
special  Agreement  defining  clearly  the  matter  in  dispute,  the  scope  of 
the  powers  of  the  Arbitrators,  and  the  periods  to  be  fixed  for  the 
formation  of  the  Arbitral  Tribunal  and  the  several  stages  of  the 
procedure. 

It  is  understood  that  such  special  agreements  on  the  part  of  the 
United  States  will  be  made  by  the  President  of  the  United  States  by 
and  with  the  advice  and  consent  of  the  Senate  thereof. 

Such  agreements  shall  be  binding  only  when  confirmed  by  the 
governments  of  the  High  Contracting  Parties  by  an  exchange  of 
notes. 

Article  III. 

The  present  Convention  shall  be  ratified  by  the  High  Contracting 
Parties,  and  the  ratifications  shall  be  exchanged  as  soon  as  possible  at 
Washington. 

The  present  Convention  shall  remain  in  force  for  five  years  from 
the  fifteenth  day  after  the  date  of  the  exchange  of  the  ratifications. 

In  testimony  whereof  the  respective  Plenipotentiaries  have  signed 
this  Convention  and  have  affixed  thereto  their  seals. 

Done  in  duplicate  at  Washington  the  15th  day  of  January,  1909. 

Elihu  Eoot  [seal] 
Hengelmuller  [seal] 


BADEN. 

{See  German  Empire.) 

1857. 

Extradition  Convention. 

Concluded  January  30, 1867;  ratification  advised  hy  the  Senate  March 

12,  1857 ; ratified  hy  the  President  March  23,  1857 ; ratifications 

exchanged  April  21, 1857 ; proclaimed  May  19, 1857. 

Articles. 

I.  Extraditable  crimes;  proceedings.  IV.  Duration. 

II.  Persons  not  to  be  delivered.  V.  Ratification. 

III.  Persons  committing  crimes  in 
country  where  found. 

Whereas  it  is  found  expedient,  for  the  better  administration  of  jus- 
tice and  the  prevention  of  crime  within  the  territories  and  jurisdic- 
tion of  the  parties,  respectively,  that  persons  committing  certain 
heinous  crimes,  being  fugitives  from  justice,  should,  under  certain 
circumstances,  be  reciprocally  delivered  up;  and  also  to  enumerate 
such  crimes  explicitly;  and  whereas  the  laws  and  constitution  ot 
Baden  do  not  allow  its  Government  to  surrender  its  own  citizens  to  a 
foreign  jurisdiction,  the  Government  of  the  United  States,  with  a 
view  of  making  the  convention  strictly  reciprocal,  shall  be  held 
equally  free  from  any  obligation  to  surrender  citizens  of  the  United 
States ; therefore,  on  the  one  part  the  United  States  of  America,  and 
on  the  other  part  His  Royal  Highness  the  Grand  Duke  of  Baden, 
having  resolved  to  treat  on  this  subject,  have,  for  that  purpose,  ap- 
pointed their  respective  Plenipotentiaries  to  negotiate  and  conclude 
a convention ; that  is  to  say : 

The  President  of  the  United  States  of  America,  Peter  D.  Vroom, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the  United 
States  at  the  Court  of  the  Kingdom  of  Prussia ; and  His  Royal  High- 
ness the  Grand  Duke  of  Baden,  Adolph,  Baron  Marschall  de  Bieber- 
stein.  His  said  Royal  Highness’s  Envoy  Extraordinary  and  Minister 
Plenipotentiary  at  the  Court  of  His  Majesty  the  King  of  Prussia, 
&c.,  &c.,  &c. ; 

Who,  after  reciprocal  communication  of  their  respective  powers, 
have  agreed  to  and  signed  the  following  articles : 

Article  I. 

It  is  agreed  that  the  United  States  and  Baden  shall,  upon  mutual 
requisitions  by  them,  or  their  ministers,  officers,  or  authorities,  re- 
spectively made,  deliver  up  to  justice  all  persons  who,  being  charged 

51 


52 


TREATIES^  CONVENTIONS,  ETC. 


with  the  crime  of  murder,  or  assault  with  intent  to  commit  murder,  or 
piracy,  or  arson,  or  robbery,  or  forgery,  or  the  fabrication  or  circula- 
tion of  counterfeit  money,  whether  coin  or  paper  money,  or  the  em- 
bezzlement of  public  moneys,  committed  within  the  jurisdiction  of 
either  party,  shall  seek  an  asylum,  or  shall  be  found  within  the  terri- 
tories of  the  other : Provided.^  That  this  shall  only  be  done  upon  such 
evidence  of  criminality  as,  according  to  the  laws  of  the  place  where 
the  fugitive  or  person  so  charged  shall  be  found,  would  justify  his 
apprehension  and  commitment  for  trial,  if  the  crime  or  offense  had 
there  been  committed;  and  the  respective  judges  and  other  magis- 
trates of  the  two  Governments  shall  have  power,  jurisdiction,  and 
authority,  upon  complaint  made  under  oath,  to  issue  a warrant  for 
the  apprehension  of  the  fugitive  or  persqn  so  charged,  that  he  may 
be  brought  before  such  judges  or  other  magistrates,  respectively,  to 
the  end  that  the  evidence  of  criminality  may  be  heard  and  considered ; 
and  if,  on  such  hearing,  the  evidence  be  deemed  sufficient  to  sustain 
the  charge,  it  shall  be  the  duty  of  the  examining  judge  or  magistrate 
to  certify  the  same  to  the  proper  executive  authority,  that  a warrant 
may  issue  for  the  surrender  of  such  fugitive. 

The  expense  of  such  apprehension  and  delivery  shall  be  borne  and 
defrayed  by  the  party  who  makes  the  requisition  and  receives  the 
fugitive. 

Nothing  in  this  article  contained  shall  be  construed  to  extend  to 
crimes  of  a political  character. 

Article  II. 

Neither  of  the  contracting  jiarties  shall  be  bound  to  deliver  up  its 
own  citizens  or  subjects  under  the  stipulations  of  this  convention. 

Article  III. 

lAHienever  any  person  accused  of  any  of  the  crimes  enumerated  in 
this  convention  shall  have  committed  a new  crime  in  the  territories 
of  the  State  where  he  has  sought  an  asylum  or  shall  be  found,  such 
person  shall  not  be  delivered  up  under  the  stipulations  of  this  con- 
vention until  he  shall  have  been  tried,  and  shall  have  received  the 
punishment  due  to  such  new  crime,  or  shall  have  been  acquitted 
thereof. 


Article  IV. 

The  present  convention  shall  continue  in  force  until  the  first  of 
January,  one  thousand  eight  hundred  and  sixty;  and  if  neither  party 
shall  have  given  to  the  other  six  months’  previous  notice  of  its  inten- 
tion then  to  terminate  the  same,  it  shall  further  remain  in  force  until 
the  end  of  twelve  months  after  either  of  the  high  contracting  parties 
shall  have  given  notice  to  the  other  of  such  intention;  each  of  the 
high  contracting  parties  reserving  to  itself  the  right  of  giving  such 
notice  to  the  other  at  any  time  after  the  expiration  of  the  said  first 
day  of  January,  one  thousand  eight  hundred  and  sixty. 


BADEN — 1857-1868. 


53 


Artici.e  V. 

The  present  convention  shall  be  ratified  by  the  President,  by  and 
with  the  advice  and  consent  of  the  Senate  of  the  United  States,  and 
by  the  Government  of  Baden ; and  the  ratifications  shall  be  exchanged 
in  Berlin  within  one  year  from  the  date  hereof,  or  sooner  if  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  this 
convention,  and  have  hereunto  affixed  their  seals. 

Done  in  duplicate,  at  Berlin,  the  thirtieth  day  of  January,  one 
thousand  eight  hundred  and  fifty-seven,  and  the  eighty-first  year  of 
the  independence  of  the  United  States. 

[seal.]  P.  D.  Vroow. 

[seal.]  Adolph  bar.  Marschall  de  Bieberstein. 


1868. 

Naturalization  Convention. 

Concluded  July  19, 1868;  ratification  advised  hy  the  Senate  April  12, 
1869;  ratified  hy  the  President  April  18,  1869;  ratifications  ex- 
changed December  7,  1869;  proclaimed  January  10,  1870. 

Articles. 


I.  Requirements  necessary. 

II.  Liability  for  prior  offenses. 

III.  Former  treaty  continued. 


IV.  Resumption  of  former  citizenship. 

V.  Duration. 

VI.  Ratification. 


The  President  of  the  United  States  of  America  and  His  Eoyal 
Highness  the  Grand  Duke  of  Baden,  led  by  the  wish  to  regulate  the 
citizenship  of  those  persons  who  emigrate  from  Baden  to  the  United 
States  of  America,  and  from  the  United  States  of  America  to  the 
territory  of  the  Grand  Duchy  have  resolved  to  treat  on  this  sub- 
ject, and  have  for  that  purpose  appointed  Plenipotentiaries;  that  is 
to  say: 

The  President  of  the  United  States  of  America,  George  Bancroft, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  from  the  said 
States  near  the  Grand  Duke  of  Baden;  and  His  Royal  Highness  the 
Grand  Duke  of  Baden,  his  President  of  the  Ministry  of  the  Grand- 
Ducal  House  and  of  Foreign  Affairs  and  Chamberlain,  Rudolph  von 
Freydorf; 

\^o  have  agreed  to  and  signed  the  following  articles: 

Article  I. 


Citizens  of  the  Grand  Duchy  of  Baden,  who  have  resided  uninter- 
ruptedly within  the  United  States  of  America  five  years,  and  before, 
during,  or  after  that  time,  have  become  or  shall  become  naturalized 
citizens  of  the  United  States,  shall  be  held  by  Baden  to  be  American 
citizens,  and  shall  be  treated  as  such.  Reciprocally,  citizens  of  the 
United  States  of  America,  who  have  resided  uninterruptedly  within 
the  Grand  Duchy  of  Baden  five  years,  and  before,  during,  or  after 


54 


TREATIES,  CONVENTIONS,  ETC. 


that  time,  have  become  or  shall  become  naturalized  citizens  of  the 
Grand  Duchy  of  Baden,  shall  be  held  by  the  United  States  to  be 
citizens  of  Baden,  and  shall  be  treated  as  such.  The  declaration  of 
an  intention  to  become  a citizen  of  the  one  or  the  other  country  has 
not  for  either  party  the  effect  of  naturalization. 

Article  II. 

A naturalized  citizen  of  the  one  party,  on  return  to  the  territory  of 
the  other  party,  remains  liable  to  trial  and  punishment  for  an  action 
punishable  by  the  laws  of  his  original  country  and  committed  before 
his  emigration,  saving  always  the  limitation  established  by  the  laws 
of  his  original  country,  or  any  other  remission  of  liability  to  punish- 
ment. In  particular,  a former  Badener  who,  under  the  first  article, 
is  to  be  held  as  an  American  citizen,  is  liable  to  trial  and  punishment 
according  to  the  laws  of  Baden  for  non-fulfillment  of  military  duty — 

1.  If  he  has  emigrated  after  he,  on  occasion  of  the  draft  from  those 
owing  military  duty,  has  been  enrolled  as  a recruit  for  service  in  the 
standing  army. 

2.  If  he  has  emigrated  whilst  he  stood  in  service  under  the  flag,  or 
had  a leave  of  absence  only  for  a limited  time. 

3.  If,  having  a leave  of  absence  for  an  unlimited  time  or,  belonging 
to  the  reserve  or  to  the  militia,  he  has  emigrated  after  having  received 
a call  into  service,  or  after  a public  proclamation  requiring  his  ap- 
pearance, or  after  war  has  broken  out. 

On  the  other  hand,  a former  Badener,  naturalized  in  the  United 
States,  who,  by  or  after  his  emigration,  has  transgressed  or  shall  trans- 
gress the  legal  provisions  on  military  duty  by  any  acts  or  omissions, 
other  than  those  above  enumerated  in  the  clauses  numbered  one  to 
three,  can,  on  his  return  to  his  original  country,  neither  be  held  sub- 
sequently to  military  service  nor  remain  liable  to  trial  and  punishment 
for  the  non-fulfillment  of  his  military  duty.  Moreover,  the  attach- 
ment on  the  property  of  an  emigrant  for  non-fulfillment  of  his  mili- 
tary duty,  except  in  the  cases  designated  in  the  clauses  numbered  one 
to  three,  shall  be  removed  so  soon  as  he  shall  prove  his  naturalization 
in  the  United  States  according  to  the  first  article. 

Article  III. 

The  convention  for  the  mutual  delivery  of  criminals,  fugitives  from 
justice,  concluded  between  the  Grand  Duchy  of  Baden  on  the  one 
part,  and  the  United  States  of  America  on  the  other  part,  the  thirtieth 
day  of  January,  one  thousand  eight  hundred  and  fifty-seven,  remains 
in  force  without  change. 


Article  IV. 

The  emigrant  from  the  one  State  who,  according  to  the  first  article, 
is  to  be  held  as  a citizen  of  the  other  State,  shall  not  on  his  return  to 
his  original  country  be  constrained  to  resume  his  former  citizenship; 
yet  if  he  shall  of  his  own  accord  reacquire  it  and  renounce  the  citizen- 
ship obtained  by  naturalization,  such  a renunciation  is  allowed,  and 
no  fixed  period  of  residence  shall  be  required  for  the  recognition  of 
his  recovery  of  citizenship  in  his  original  country. 


BADEN — 1868. 


65 


Article  V. 

The  present  convention  shall  go  into  effect  immediately  on  the  ex- 
change of  ratifications,  and  shall  continue  in  force  ten  years.  If 
neither  party  shall  have  given  to  the  other  six  months’  previous  notice 
of  its  intention  then  to  terminate  the  same,  it  shall  remain  in  force 
until  the  end  of  twelve  months  after  either  of  the  contracting  parties 
shall  have  given  notice  of  such  intention. 

Article  VI. 

The  present  convention  shall  be  ratified  by  His  Royal  Highness  the 
Grand  Duke  of  Baden,  and  by  the  President,  by  and  with  the  advice 
and  consent  of  the  Senate  of  the  United  States,  and  the  ratifications 
shall  be  exchanged  at  Carlsruhe  as  soon  as  possible. 

In  faith  whereof  the  Plenipotentiaries  have  signed  and  sealed  this 
convention. 

C arlsruhe,  the  19^A  July,  1868. 

[seal.] 

[seal.] 


George  Bancroft. 
V.  Freydorf. 


BAVAKIA. 

{iSee  German  Empire.) 

1845. 

Convention  Abolishing  Droit  d’Aubaine  and  Taxes  on 

Emigration. 

Concluded  January  21,  181^5;  ratification  advised  hy  the  Senate,  with 
amendment,  March  15,  181^5;  ratified  hy  the  President  March  18, 
18Jf5;  ratifications  exchanged  November  4,  1845;  py'oclaimed  Au- 
gust 16,  1846. 


Articles. 


I.  Taxes  abolished. 

II.  Disposal  of  real  property. 

III.  Disposal  of  personal  property. 

IV.  Protecting  property  of  absent 

heirs. 


V.  Disputes  as  to  inheritances. 

VI.  Emigration  from  Bavaria  not  af- 
fected. 

VII.  Ratification. 


The  United  States  of  America  and  His  Majesty  the  King  of  Bava- 
ria, having  agreed,  for  the  advantage  of  their  respective  citizens  and 
subjects,  to  conclude  a convention  for  the  mutual  abolition  of  the 
droit  d’aubaine  and  taxes  on  emigration,  have  named,  for  this  pur- 
pose, their  respective  Plenipotentiaries,  namely : 

The  President  of  the  United  States  of  America  has  conferred  full 
po-wers  on  Henry  Wlieaton,  their  Envoy  Extraordinary  and  Minister 
Plenipotentiary  at  the  Royal  Court  of  Prussia ; and  His  INIajesty  the 
King  of  Bavaria,  upon  Count  Maximilian  von  Lerchenfeld-Koefer- 
ing,  his  Chamberlain,  Envoy  Extraordinary  and  Minister  Plenipo- 
tentiary at  the  Royal  Prussian  Court,  Commander  of  the  Royal 
Order  of  the  Knights  of  St.  George,  of  the  Order  for  Merit  in  Civil 
Service  of  the  Bavarian  Crown,  of  St.  Michael,  Grand  Cross  of  the 
Russian  Imperial  Order  of  St.  Anne  of  the  first  class,  of  the  Royal 
Prussian  Order  of  the  Red  Eagle  of  the  first  class.  Commander, 
Grand  Cross  of  the  Royal  Swedish  Order  of  the  North  Star,  and 
Great  Commander  of  the  Royal  Greek  Order  of  the  Saviour; 

Who,  after  having  exchanged  their  said  full  powers,  found  in  due 
and  proper  form,  have  agreed  to  and  signed  the  following  articles: 

Article  I. 


Every  kind  of  droit  d'^auhaine,  droit  de  retraite,  and  droit  de  de- 
traction or  tax  on  emigration,  is  hereby,  and  shall  remain,  abolished 
between  the  two  contracting  parties,  their  States,  citizens  and  sub- 
jects, respectively. 

56 


BAVARIA — 1845. 


57 


Article  II. 

Where,  on  the  death  of  any  person  holding  real  property  within 
the  territories  of  one  party,  such  real  property  would,  by  the  laws  of 
the  land,  descend  on  a citizen  or  subject  of  the  other,  were  he  not  dis- 
qualified by  alienage,  such  citizen  or  subject  shall  be  allowed  a term 
of  two  years  to  sell  the  same,  which  term  may  be  reasonably  pro- 
longed according  to  circumstances,  and  to  withdraw  the  proceeds 
thereof,  without  molestation,  and  exempt  from  all  .duties  of 
detraction. 

Article  III. 

The  citizens  or  subjects  of  each  of  the  contracting  parties  shall 
have  power  to  dispose  of  their  (real  and®)  personal  property  within 
the  States  of  the  other,  by  testament,  donation  or  otherwise ; and  their 
heirs,  legatees,  and  donees,  being  citizens  or  subjects  of  the  other  con- 
tracting party,  shall  succeed  to  their  sakl  (real  and")  personal  prop- 
erty, and  may  take  possession  thereof,  either  by  themselves  or  by 
others  acting  for  them,  and  dispose  of  the  same  at  their  pleasure,  pay- 
ing such  duties  only  as  the  inhabitants  of  the  country  where  the  said 
property  lies  shall  be  liable  to  pay  in  like  cases. 

Article  IV. 

In  case  of  the  absence  of  the  heirs,  the  same  care  shall  be  taken  pro- 
visionally of  such  real  or  personal  property  as  would  be  taken  in  a 
like  case  of  property  belonging  to  the  natives  of  the  country,  until  the 
lawful  owner  or  the  person  who  has  a right  to  sell  the  same,  accord- 
ing to  Article  II.,  may  take  measures  to  receive  or  dispose  of  the  in- 
heritance. 


Article  V. 

If  any  dispute  should  arise  between  different  claimants  to  the 
same  inheritance,  they  shall  be  decided  in  the  last  resort  according  to 
the  laws,  and  by  the  judges  of  the  country  where  the  property  is  situ- 
ated. 

Article  VI. 

But  this  convention  shall  not  derogate  in  any  manner  from  the 
force  of  the  laws  already  published,  or  hereafter  to  be  published,  by 
His  Majesty  the  King  of  Bavaria,  to  prevent  the  emigration  of  his 
subjects. 

Article  VII. 

This  convention  is  concluded  subject  to  the  ratification  of  the  Presi- 
dent of  the  United  States  of  America,  by  and  with  the  advice  and 
consent  of  their  Senate,  and  of  His  Majesty  the  King  of  Bavaria, 
and  the  ratifications  thereof  shall  be  exchanged  at  Berlin  within  the 
term  of  fifteen  months  from  the  date  of  the  signature  hereof,  or  sooner 
if  possible. 


“The  words  in  parentheses  are,  in  the  original  treaty,  encircled  in  red  ink. 


58 


TREATIES,  CONVENTIONS,  ETC. 


In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
above  articles,  as  well  in  English  as  in  German,  and  have  thereto 
affixed  their  seals. 

Done  in  quadruplicate,  in  the  city  of  Berlin,  on  the  twenty-first 
day  of  January,  one  thousand  eight  hundred  and  forty-five,  in  the 
sixty -ninth  year  of  the  independence  of  the  United  States  of  America, 
and  the  nineteenth  of  the  reign  of  His  Majesty  the  King  of  Bavaria. 
[seal.]  Henry  Wheaton, 

[seal.]  Graf  v.  Lerchenfeld. 


1853. 


Extradition  Convention.® 


Concluded  Septemher  12,  1853;  ratification  advised  hy  the  Senate 
with  an  amendment  July  12,  185 If.;  ratified  hy  the  President  July 
2Ji.,  1854;  ratif cations  exchanged  at  London  November  1,  1854; 
proclaimed  November  18, 1854. 


Articles. 


I.  Extraditable  crimes ; proceedings. 

II.  Accession  of  other  German  States. 

III.  Persons  not  to  be  delivered. 


IV.  Persons  committing  crimes  in  coun- 
try where  found. 

V.  Duration. 


VI.  Ratification. 


The  United  States  of  America  and  His  Majesty  the  King  of  Bava- 
ria, actuated  by  an  equal  desire  to  further  the  administration  of 
justice,  and  to  prevent  the  commission  of  crimes  in  their  respective 
countries,  taking  into  consideration  that  the  increased  means  of  com- 
munication between  Europe  and  America  facilitate  the  escape  of 
offenders,  and  that,  consequently,  provision  ought  to  be  made  in  order 
that  the  ends  of  justice  shall  not  be  defeated,  have  determined  to  con- 
clude an  arrangement  destined  to  regulate  the  course  to  be  observed 
in  all  cases  with  reference  to  the  extradition  of  such  individuals  as, 
having  committed  any  of  the  offenses  hereafter  enumerated,  in  one 
country,  shall  have  taken  refuge  within  the  territories  of  the  other. 
The  constitution  and  laws  of  Bavaria,  however,  not  allowing  the 
Bavarian  Government  to  surrender  their  own  subjects  for  trial  before 
a foreign  court  of  justice,  a strict  reciprocity  requires  that  the  Gov- 
ernment of  the  United  States  shall  be  held  equally  free  from  any 
obligation  to  surrender  citizens  of  the  United  States.  For  which 
purposes  the  high  contracting  powers  have  appointed  as  their  Pleni- 
potentiaries : 

The  President  of  the  United  States,  James  Buchanan,  Envoy 
Extraordinary  and  Minister  Plenipotentiary  of  the  United  States  at 
the  Court  of  the  United  Kingdom  of  Great  Britain  and  Ireland ; His 
Majesty  the  King  of  Bavaria,  Augustus  Baron  de  Cetto,  his  said 
Majesty’s  Chamberlain,  Envoy  Extraordinary  and  Minister  Plenipo- 
tentiary at  the  Court  of  Her  Majesty  the  Queen  of  the  United  King- 
dom of  Great  Britain  and  Ireland,  Knight  Commander  of  the  Order 
for  Merit  of  the  Bavarian  Crown  and  of  the  Order  for  Merit  of  St. 


« In  I’e  Thomas  (12  Blatch.,  370). 


BAVAEIA 1853. 


59 


Michael,  Knight  Grand  Cross  of  the  Koyal  Grecian  Order  of  our 
Saviour ; 

Who,  after  reciprocal  communication  of  their  respective  full 
powers,  found  in  good  and  due  form,  have  agreed  to  the  following 
articles : 

Article  I. 

The  Government  of  the  United  States  and  the  Bavarian  Govern- 
ment promise  and  engage,  upon  mutual  requisitions  by  them  or  their 
ministers,  officers  or  authorities,  respectively  made,  to  deliver  up  to 
justice  all  persons  who,  being  charged  with  the  crime  of  murder,  or 
assault  with  intent  to  commit  murder,  or  piracy,  or  arson,  or  robbery, 
or  forgery,  or  the  utterance  of  forged  papers,  or  the  fabrication  or  cir- 
culation of  counterfeit  money,  whether  coin  or  paper  money,  or  the 
embezzlement  of  public  moneys,  committed  within  the  jurisdiction  of 
either  party,  shall  seek  an  asylum,  or  shall  be  found  within  the  terri- 
tories of  the  other : Provided^  That  this  shall  only  be  done  upon  such 
evidence  of  criminality  as,  according  to  the  laws  of  the  place  where 
the  fugitive  or  person  so  charged  shall  be  found,  would  justify  his 
apprehension  and  commitment  for  trial,  if  the  crime  or  offense  had 
there  been  committed;  and  the  respective  judges  and  other  magis- 
trates of  the  two  Governments  shall  have  power,  jurisdiction  and 
authority,  upon  complaint  made  under  oath,  to  issue  a warrant  for 
the  apprehension  of  the  fugitive  or  person  so  charged,  that  he  may  be 
brought  before  such  judges  or  other  magistrates  respectively,  to  the 
end  that  the  evidence  of  criminality  may  be  heard  and  considered ; 
and  if,  on  such  hearing,  the  evidence  be  deemed  sufficient  to  sustain 
the  charge,  it  shall  be  the  duty  of  the  examining  judge  or  magistrate 
to  certify  the  same  to  the  proper  executive  authority,  that  a warrant 
may  issue  for  the  surrender  of  such  fugitive. 

The  expense  of  such  apprehension  and  delivery  shall  be  borne  and 
defrayed  by  the  party  who  makes  the  requisition  and  receives  the 
fugitive. 


Article  II. 

The  stipulations  of  this  convention  shall  be  applied  to  any  other 
State  of  the  German  Confederation  which  may  hereafter  declare  its 
accession  thereto. 


Article  III. 

None  of  the  contracting  parties  shall  be  bound  to  deliver  up  its 
own  citizens  or  subjects  under  the  stipulations  of  this  convention. 

Article  IV. 

Whenever  any  person,  accused  of  any  of  the  crimes  enumerated  in 
this  convention,  shall  have  committed  a new  crime  in  the  territories  of 
the  State  where  he  has  sought  an  asylum  or  shall  be  found,  such  per- 
son shall  not  be  delivered  up  under  the  stipulations  of  this  conven- 
tion until  he  shall  have  been  tried  and  shall  have  received  the  punish- 
ment due  to  such  new  crime,  or  shall  have  been  acquitted  thereof. 


60 


TREATIES,  CONVENTIONS,  ETC. 
Article  V. 


The  present  convention  shall  continue  in  force  until  the  first  of 
January,  one  thousand  eight  hundred  and  fifty-eight;  and  if  neither 
party  shall  have  given  to  the  other  six  months’  previous  notice  of  its 
intention  then  to  terminate  the  same,  it  shall  further  remain  in  force 
until  the  end  of  twelve  months  after  either  of  the  high  contracting 
parties  shall  have  given  notice  to  the  other  of  such  intention ; each  of 
the  high  contracting  parties  reserving  to  itself  the  right  of  giving 
such  notice  to  the  other  at  any  time  after  the  expiration  of  the  said 
first  day  of  January,  one  thousand  eight  hundred  and  fifty  eight. 

Article  VI. 

The  present  convention  shall  be  ratified  by  the  President,  by  and 
with  the  advice  and  consent  of  the  Senate  of  the  United  States,  and 
by  the  Government  of  Bavaria,  and  the  ratifications  shall  be  ex- 
changed in  London  within  fifteen  months  from  the  date  hereof,  or 
sooner  if  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  this 
convention  and  have  hereunto  affixed  their  seals. 

Done  in  duplicate,  in  London,  the  twelfth  day  of  September,  one 
thousand  eight  hundred  and  fifty-three,  and  the  seventy-eighth  year 
of  the  independence  of  the  United  States. 

[seal.]  James  Buchanan. 

[seal.]  a.  de  Cetto. 


1868. 

Xatuealiz.\tion  Treaty. 

Concluded  May  26^  1868;  ratification  advised  hy  the  Senate  June  29, 
1868;  ratified  hy  the  President  July  17,  1868;  ratifications  ex- 
changed Septemher  18, 1868;  proclaimed  October  8, 1868. 

Articles. 

I.  Necessary  requirements.  IV.  Resumption  of  former  citizenship. 

II.  Liability  for  prior  offenses.  V.  Duration. 

III.  Former  convention  continued.  VI.  Ratification. 

His  Majesty  the  King  of  Bavaria  and  the  President  of  the  United 
States  of  America,  led  by  the  wish  to  regulate  the  citizenship  of 
those  persons  who  emigTate  from  Bavaria  to  the  United  States  of 
America,  and  from  the  United  States  of  America  to  the  territory  of 
the  Kingdom  of  Bavaria,  have  resolved  to  treat  on  this  subject,  and 
have,  for  that  purpose,  appointed  Plenipotentiaries  to  conclude  a con- 
vention, that  is  to  say : 

His  Majesty  the  King  of  Bavaria,  Dr.  Otto,  Baron  of  Volderndorff. 
Councillor  of  Ministry ; and  the  President  of  the  United  States  of 
America,  George  Bancroft,  Envoy  Extraordinary  and  Minister  Plen- 
ipotentiary ; 

MTio  have  agreed  to  and  signed  the  following  articles : 


BAVAEIA 1863. 


61 


Article  I. 

Citizens  of  Bavaria  who  have  become,  or  shall  become,  naturalized 
citizens  of  the  United  States  of  America,  and  shall  have  resided  unin- 
terruptedly within  the  United  States,  for  five  years,  shall  be  held  by 
Bavaria  to  be  American  citizens,  and  shall  be  treated  as  such. 

Reciprocally,  citizens  of  the  United  States  of  America  who  have 
become,  or  shall  become,  naturalized  citizens  of  Bavaria,  and  shall 
have  resided  uninterruptedl,y  within  Bavaria  five  years,  shall  be  held 
by  the  United  States  to  be  Bavarian  citizens,  and  shall  be  treated  as 
such. 

The  declaration  of  an  intention  to  become  a citizen  of  the  one  or  the 
other  country  has  not  for  either  party  the  effect  of  naturalization. 

Article  II. 

A naturalized  citizen  of  the  one  party  on  return  to  the  territory  of 
the  other  party  remains  liable  to  trial  and  punishment  for  an  action 
punishable  by  the  laws  of  his  original  country,  and  committed  before 
his  emigration,  saving  always  the  limitation  established  bj^  the  laws 
of  his  original  country,  or  any  other  remission  of  liability  to  punish- 
ment. 

Article  III. 

The  convention  for  the  mutual  delivery  of  criminals,  fugitives 
from  justice,  in  certain  cases,  concluded  between  the  United  States 
on  the  one  part,  and  Bavaria  on  the  other  part,  the  twelfth  day  of 
September,  one  thousand  eight  hundred  and  fifty-three,  remains  in 
force  without  change. 

Article  IV. 

If  a Bavarian,  naturalized  in  America,  renews  his  residence  in  Ba- 
varia. without  the  intent  to  return  to  America,  he  shall  be  held  to 
have  renounced  his  naturalization  in  the  United  States.  Recipro- 
cally, if  an  American,  naturalized  in  Bavaria,  renews  his  residence 
in  the  United  States,  without  the  intent  to  return  to  Bavaria,  he  shall 
be  held  to  have  renounced  his  naturalization  in  Bavaria.  The  intent 
not  to  return  may  be  held  to  exist  when  the  person  naturalized  in  the 
one  country  resides  more  than  two  years  in  the  other  country. 

Article  V. 

The  present  convention  shall  go  into  effect  immediately  on  the 
exchange  of  ratifications,  and  shall  continue  in  force  for  ten  years. 
If  neither  party  shall  have  given  to  the  other  six  months’  previous 
notice  of  its  intention  then  to  terminate  the  same,  it  .shall  further 
remain  in  force  until  the  end  of  twelve  months  after  either  of  the 
contracting  parties  shall  have  given  notice  to  the  other  of  such  inten- 
tion. 

Article  VI. 

The  present  convention  shall  be  ratified  by  His  Majesty  the  King 
of  Bavaria  and  by  the  President,  by  and  with  the  advice  and  consent 


62 


TREATIES,  CONVENTIONS,  ETC. 


of  the  Senate  of  the  United  States,  and  the  ratifications  shall  be 
exchanged  at  Munich  within  twelve  months  from  the  date  thereof. 

In  faith  whereof  the  Plenipotentiaries  have  signed  and  sealed  this 
convention. 

Munich,  the  ‘2,<Qth,  May,  1868. 

[seal.]  George  Bancroft. 

[seal.]  Dr.  Otto  fhr.  von  Volderndorff. 


PROTOCOL. 

Bone  at  Munich  the  ^^th  May,  1868. 

The  undersigned  met  to-day  to  sign  the  treaty  agreed  upon  in  con- 
formity with  their  respective  full  powers,  relating  to  the  citizenship 
of  those  persons  who  emigrate  from  Bavaria  to  the  United  States  of 
America,  and  from  the  United  States  of  America  to  Bavaria;  on 
which  occasion  the  following  observations,  more  exactly  defining  and 
explaining  the  contents  of  this  treaty,  were  entered  in  the  following 
protocol : 

I. 

RELATING  TO  THE  FIRST  ARTICLE  OF  THE  TREATY. 

1.  Inasmuch  as  the  cojiulative  “ and  ” is  made  use  of,  it  follows,  of 
course,  that  not  the  naturalization  alone,  but  an  additional  five  years’ 
uninterrupted  residence  is  required,  before  a person  can  be  regarded 
as  coming  within  the  treaty ; but  it  is  by  no  means  requisite  that  the 
five  years’  residence  should  take  place  after  the  naturalization.  It 
is  hereby  further  understood  that  if  a Bavarian  has  been  discharged 
from  his  Bavarian  indigenate,  or,  on  the  other  side,  if  an  American 
has  been  discharged  from  his  American  citizenship  in  the  manner 
legally  prescribed  by  the  Government  of  his  original  country,  and 
then  acquires  naturalization  in  the  other  country  in  a rightful  and 
perfectly  valid  manner,  then  an  additional  five  years’  residence  shall 
no  longer  be  required,  but  a person  so  naturalized  shall  from  the 
moment  of  his  naturalization  be  held  and  treated  as  a Bavarian,  and 
reciprocally  as  an  American  citizen. 

2.  The  words  “ resided  uninterruptedly  ” are  obviously  to  be  under- 
stood, not  of  a continual  bodily  presence,  but  in  the  legal  sense,  and 
therefore  a transient  absence,  a journey,  or  the  like,  by  no  means 
interrupts  the  period  of  five  years  contemplated  by  the  first  article. 

II. 

RELATING  TO  THE  SECOND  ARTICLE  OF  THE  TREATY. 

1.  It  is  expressly  agreed  that  a person  who,  under  the  first  article, 
is  to  be  held  as  an  adopted  citizen  of  the  other  State,  on  his  return 
to  his  original  country  cannot  be  made  punishable  for  the  act  of 
emigration  itself,  not  even  though  at  a later  day  he  should  have  lost 
his  adopted  citizenship. 


BAVARIA 1868. 


63 


III. 

RELATING  TO  ARTICLE  FOUR  OF  THE  TREATY. 

j 1.  It  is  agreed  on  both  sides  that  the  regulative  powers  granted  to 
I the  two  Governments  respectively  by  their  laws  for  protection  against 
; resident  aliens,  whose  residence  endangers  peace  and  order  in  the 
land,  are  not  affected  by  the  treaty.  In  particular  the  regulation  con- 
tained in  the  second  clause  of  the  tenth  article  of  the  Bavarian  mili- 
i tary  law  of  the  30th  of  January,  1868,  according  to  which  Bavarians 
' emigrating  from  Bavaria  before  the  fulfillment  of  their  military  duty 
cannot  be  admitted  to  a permanent  residence  in  the  land  till  they  shall 
have  become  thirty-two  years  old,  is  not  affected  by  the  treaty.  But 
yet  it  is  established  and  agreed,  that  by  the  expression  “ permanent 
residence  ” used  in  the  said  article,  the  above  described  emigrants  are 
not  forbidden  to  undertake  a journey  to  Bavaria  for  a less  period  of 
■ time  and  for  definite  purposes,  and  the  royal  Bavarian  Government 
moreover  cheerfully  declares  itself  ready,  in  all  cases  in  which  the 
emigration  has  plainly  taken  place  in  good  faith,  to  allow  a mild 
rule  in  practice  to  be  adopted. 

2.  It  is  hereby  agreed  that  when  a Bavarian  naturalized  in  America, 
j and  reciprocally  an  American  naturalized  in  Bavaria,  takes  up  his 
{ abode  once  more  in  his  original  country  without  the  intention  of 
j return  to  the  country  of  his  adoption,  he  does  by  no  means  thereby 
recover  his  former  citizenship ; on  the  contrary,  in  so  far  as  it  relates 
I to  Bavaria,  it  depends  on  His  Majesty  the  King  whether  he  will  or 
will  not  in  that  event  grant  the  Bavarian  citizenship  anew. 

The  article  fourth  shall  accordingly  have  only  this  meaning,  that 
the  adojited  country  of  the  emigrant  cannot  prevent  him  from  acquir- 
ing once  more  his  former  citizenship ; but  not  that  the  State  to  which 
the  emigrant  originally  belonged  is  bound  to  restore  him  at  once  to 
his  original  relation. 

On  the  contrary,  the  citizen  naturalized  abroad  must  first  apply  to 
be  received  back  into  his  original  country  in  the  manner  prescribed  by 
its  laws  and  regulations,  and  must  acquire  citizenship  anew,  exactly 
like  any  other  alien. 

But  yet  it  is  left  to  his  own  free  choice  whether  he  will  adopt  that 
course  or  will  preserve  the  citizenship  of  the  country  of  his  adoption. 

The  two  Plenipotentiaries  give  each  other  mutually  the  assurance 
that  their  respective  Governments  in  ratifying  this  treaty  will  also 
regard  as  approved  and  will  maintain  the  agreements  and  explana- 
tions contained  in  the  present  protocol,  without  any  further  formal 
ratification  of  the  same. 

[seal.] 

[seal.] 


George  Bancroft. 

Dr.  Otto  fhr.  von  Volderndorff. 


BEJ.GIUM. 

1845.“ 

Treaty  of  Commerce  and  Navigation. 

Concluded  N ovemher  10,  181^5;  ratification  advised  hy  the  Senate 
March  26,  ISlfG ; ratified  hy  the  President  March  30,  1846;  ratifica- 
tions exchanged  March  30^  1846;  proclaimed  March  31,  1846. 

xA.RTICLES. 


T.  Commerce  and  navigation. 

II.  Tonnage  duties,  Belgian  vessels. 

III.  Tonnage  duties.  United  States 

vessels. 

IV.  Scheldt  duty. 

V.  Exemption  from  duties. 

VI.  Coasting  trade. 

VII.  Duties  on  direct  imports. 

VIII.  Duties  on  indirect  imports. 

IX.  Export  duties. 

X.  Premiums  and  drawbacks. 


XI.  Importation  of  salt  and  fish. 

XII.  Nationality  of  vessels. 

XIII.  Cargoes  for  other  countries. 

XIV.  Goods  in  warehouses. 

XV.  Most  favored  nation. 

XVI.  Shipwrecks. 

XVII.  Consuls. 

XVIII.  Transit  duties. 

XIX.  Duration. 

XX.  Ratification. 


The  United  States  of  America  on  the  one  part,  and  His  Majesty  the 
King  of  the  Belgians  on  the  other  part,  wishing  to  regulate  in  a 
formal  manner  their  reciprocal  relations  of  commerce  and  navigation, 
and  further  to  strengthen,  through  the  development  of  their  interests 
respectively,  the  bonds  of  friendship  and  good  understanding  so  hap- 
pily established  between  the  Governments  and  people  of  the  two  coun- 
tries; and  desiring,  with  this  view,  to  conclude,  by  common  agree- 
ment, a treaty  establishing  conditions  equally  advantageous  to  the 
commerce  and  navigation  of  both  States,  have,  to  that  effect,  ap- 
pointed as  their  Plenipotentiaries,  namely: 

The  President  of  the  United  States,  Thomas  G.  Clemson,  Charge 
dbCtfaires  of  the  United  States  of  America  to  His  Majesty  the  King  of 
the  Belgians;  and  His  Majesty  the  King  of  the  Belgians.  M.  Adolphe 
Dechamps,  Officer  of  the  Order  of  Leopold,  Knight  of  the  Order  of 
the  Bed  Eagle  of  the  first  class.  Grand  Cross  of  the  Order  of  St. 
Michael  of  Bavaria,  his  Minister  for  Foreign  Affairs,  a member  of 
the  Chamber  of  Kepresentants ; 

AMio,  after  having  communicated  to  each  other  their  full  powers, 
ascertained  to  be  in  good  and  proper  form,  have  agreed  and  concluded 
the  following  articles: 

Article  I. 


There  shall  be  full  and  entire  freedom  of  commerce  and  navigation 
between  the  inhabitants  of  the  two  countries;  and  the  same  security 


“ This  trenty  was  terminated  August  20,  1858.  by  notice  given  by  the  Belgium 
Government. 


04 


BELGIUM — 1845. 


65 


and  protection  which  is  enjoyed  by  the  citizens  or  subjects  of  each 
country  shall  be  guaranteed  on  both  sides.  The  said  inhabitants, 
whether  established  or  temporarily  residing  within  any  ports,  cities 
or  places  whatever,  of  the  two  countries,  shall  not,  on  account  of  their 
commerce  or  industry,  pay  any  other  or  higher  duties,  taxes,  or  im- 
posts, than  those  which  shall  be  levied  on  citizens  or  subjects  of  the 
country  in  which  they  may  be;  and  the  privileges,  immunities,  and 
other  favors,  with  regard  to  commerce  or  industry,  enjoyed  by  the 
citizens  or  subjects  of  one  of  the  two  States,  shall  be  common  to  those 
of  the  other. 

Article  II. 

Belgian  vessels,  whether  coming  from  a Belgian  or  a foreign  port, 
shall  not  pay,  either  on  entering  or  leaving  the  ports  of  the  United 
States,  whatever  may  be  their  destination,  any  other  or  higher  duties 
of  tonnage,  pilotage,  anchorage,  buoys,  light-houses,  clearance, 
brokerage  or,  generally,  other  charges  whatsoever  than  are  required 
from  vessels  of  the  United  States  in  similar  cases.  This  provision  ex- 
tends not  only  to  duties  levied  for  the  benefit  of  the  State,  but  also 
to  those  levied  for  the  benefit  of  provinces,  cities,  countries,  districts, 
townshijis,  corporations  or  any  other  divisions  or  jurisdiction,  what- 
ever may  be  its  designation. 

Article  III. 

Reciprocally,  vessels  of  the  United  States,  whether  coming  from 
a port  of  said  States  or  from  a foreign  port,  shall  not  pay,  either  on 
entering  or  leaving  the  ports  of  Belgium,  whatever  may  be  their 
destination,  any  other  or  higher  duties  of  tonnage,  pilotage,  anchor- 
age, buoys,  light-houses,  clearance,  brokerage  or,  generally,  other 
charges  whatever  than  are  required  from  Belgian  vessels  in  similar 
cases.  This  provision  extends  not  only  to  duties  levied  for  the  bene- 
fit of  the  State,  but  also  to  those  levied  for  the  benefit  of  provinces, 
cities,  countries,  districts,  townships,  corporations  or  any  other  divi- 
sion or  jurisdiction,  whatever  be  its  designation. 

Article  IV. 

The  restitution  by  Belgium  of  the  duty  levied  by  the  Government 
of  the  Netherlands  on  the  navigation  of  the  Scheldt,  in  virtue  of  the 
third  paragraph  of  the  ninth  article  of  the  treaty  of  April  nineteenth, 
eighteen  hundred  and  thirty-nine,  is  guaranteed  to  the  vessels  of  the 
United  States. 

Article  V. 

Steam  vessels  of  the  United  States  and  of  Belgium,  engaged  in 
regular  navigation  between  the  United  States  and  Belgium,  shall  be 
exempt  in  both  countries  from  the  payment  of  duties  of  tonnage, 
anchorage,  buoys  and  light-houses. 

Article  VI. 

As  regards  the  coasting  trade  between  the  jiorts  of  either  country, 
the  vessels  of  the  two  nations  shall  be  treated  on  both  sides  on  the 
same  footing  with  the  vessels  of  the  most  favored  nation. 

24449 — VOL  1 — 10 7) 


66 


TKEATIES,  CONVEXTIOKS,  ETC. 


Article  VII. 

Articles  of  everj^  description,  whether  iTroceeding  from  the  soil, 
industry  or  warehouses  of  Belgium,  directly  imported  therefrom, 
into  the  ports  of  the  United  States,  in  Belgian  vessels,  shall  pay  no 
other  or  higher  duties  of  import  than  if  they  were  imported  under 
the  flag  of  said  States. 

And  reciprocally,  articles  of  every  description  directly  imported 
into  Belgium  from  the  United  States,  under  the  flag  of  the  said 
States,  shall  pay  no  other  or  higher  duties  than  if  they  were  imported 
under  the  Belgian  flag. 

It  is  well  understood: 

1st.  That  the  goods  shall  have  been  really  put  on  board  in  the  ports 
from  which  they  are  declared  respectively  to  come. 

2d.  That  a putting-in  at  an  intermediate  port,  produced  by  un- 
controllable circumstances,  duly  proved,  does  not  occasion  the  for- 
feiture of  the  advantage  allowed  to  direct  importation. 

Article  VIII. 

Articles  of  every  description,  imported  into  the  United  States  from 
other  countries  than  Belgium,  under  the  Belgian  flag,  shall  pay  no 
other  or  higher  duties  whatsoever  than  if  they  had  been  imported 
under  the  flag  of  the  most  favored  foreign  nation,  other  than  the  flag 
of  the  country  from  which  the  importation  is  made.  And  recipro- 
cally, articles  of  every  description  imported  under  the  flag  of  the 
United  States  into  Belgium,  from  other  countries  than  the  United 
States,  shall  pay  no  other  or  higher  duties  whatsoever  than  if  they 
had  been  imported  under  the  flag  of  the  foreign  nation  most  favored, 
other  than  that  of  the  country  from  which  the  importation  is  made. 

Article  IX. 

Articles  of  every  description,  exported  by  Belgian  vessels,  or  by 
those  of  the  United  States  of  America,  from  the  ports  of  either 
country  to  any  country  whatsoever,  shall  be  subjected  to  no  other 
duties  or  formalities  than  such  as  are  required  for  exportation  under 
the  flag  of  the  country  where  the  shipment  is  made. 

Article  X. 

All  premiums,  drawbacks  or  other  favors  of  like  nature,  which 
may  be  allowed  in  the  States  of  either  of  the  contracting  parties, 
upon  goods  imported  or  exported  in  national  vessels,  shall  be  like- 
wise, and  in  the  same  manner,  allowed  upon  goods  imported  directly 
from  one  of  the  two  countries  by  its  vessels  into  the  other,  or  ex- 
ported from  one  of  the  countries  by  the  vessels  of  the  other  to  any 
destination  whatsoever. 

Article  XI. 

The  preceding  article  is,  however,  not  to  apply  to  the  importation 
of  salt,  and  of  the  produce  of  the  national  fisheries ; each  of  the  two 
parties  reserving  to  itself  the  faculty  of  granting  special  privileges 
for  the  importation  of  those  articles  under  its  own  flag. 


BELGIUM — 1845. 


67 


Article  XII. 

The  high  contracting  jiarties  agree  to  consider  and  to  treat  as 
Belgian  vessels,  and  as  vessels  of  the  United  States,  all  those  which, 
being  provided  by  the  competent  authority  with  a passport,  sea- 
letter  or  any  other  sufficient  document,  shall  be  recognized  conform- 
ably with  existing  laws  as  national  vessels  in  the  country  to  which 
they  respectively  belong. 

Article  XIII. 

Belgian  vessels  and  those  of  the  United  States  may,  conformably 
with  the  laws  of  the  two  countries,  retain  on  board,  in  the  ports  of 
both,  such  parts  of  their  cargoes  as  may  be  destined  for  a foreign 
country;  and  such  parts  shall  not  be  subjected,  either  while  they 
remain  on  board,  or  upon  re-exportation,  to  any  charges  whatsoever 
other  than  those  for  the  prevention  of  smuggling. 

Article  XIV. 

During  the  period  allowed  by  the  laws  of  the  two  countries  respec- 
tively for  the  warehousing  of  goods,  no  duties,  other  than  those  of 
watch  and  storage,  shall  be  levied  upon  articles  brought  from  either 
country  into  the  other,  while  awaiting  transit,  re-exportation  or 
entry  for  consumption.  Such  goods  shall  in  no  case  be  subject' to 
higher  warehouse  charges  or  to  other  formalities  than  if  they  had 
been  imported  under  the  flag  of  the  country. 

Article  XV. 

In  all  that  relates  to  duties  of  customs  and  navigation,  the  two  high 
contracting  parties  promise,  reciprocally,  not  to  grant  any  favor, 
privilege  or  immunity  to  any  other  State,  which  shall  not  instantly 
become  common  to  the  citizens  and  subjects  of  both  parties  respec- 
tively; gratuitously,  if  the  concession  or  favor  to  such  other  State  is 
gratuitous,  and  on  allowing  the  same  compensation  or  its  equivalent 
if  the  concession  is  conditional. 

Neither  of  the  contracting  parties  shall  lay  upon  goods  proceeding 
from  the  soil  or  the  industry  of  the  other  party,  which  may  be  im- 
ported into  its  ports,  any  other  or  higher  duties  of  importation  or 
re-exportation  than  are  laid  upon  the  importation  and  re-exportation 
of  similar  goods  coming  from  any  other  foreign  country. 

Article  XVI. 

In  cases  of  shipwreck,  damages  at  sea  or  forced  putting-in,  each 
party  shall  afford  to  the  vessels  of  the  other,  whether  belonging  to 
the  State  or  to  individuals,  the  same  assistance  and  protection,  and 
the  same  immunities,  which  would  have  been  granted  to  its  own  ves- 
sels in  similar  cases. 

Article  XVII. 

It  is  moreover  agreed  between  the  two  contracting  parties  that  the 
Consuls  and  Vice-Consuls  of  the  United  States  in  the  ports  of  Bel- 
gium, and,  reciprocally,  the  Consuls  and  Vice-Consuls  of  Belgium 


68 


TREATIES,  CONVENTIONS,  ETC. 


in  the  ports  of  the  United  States,  shall  continue  to  enjoy  all  the  privi- 
leges, protection  and  assistance  usually  granted  to  them,  and  which 
may  be  necessary  for  the  proper  discharge  of  their  functions.  The 
said  Consuls  and  Vice-Consuls  may  cause  to  be  arrested  and  sent  back, 
either  to  their  vessels  or  to  their  country,  such  seamen  as  may  have 
deserted  from  the  vessels  of  their  nation.  To  this  end  they  shall 
apply  in  wudting  to  the  competent  local  authorities,  and  they  shall 
prove,  by  exhibition  of  the  vessel’s  crew  list,  or  other  document,  or, 
if  she  shall  have  departed,  by  copy  of  said  documents,  duly  certified 
by  them,  that  the  seamen  whom  they  claim  formed  part  of  the  said 
crew.  Upon  such  demand,  thus  supported,  the  delivery  of  the  de- 
serters shall  not  be  refused.  They  shall,  moreover,  receive  all  aid 
and  assistance  in  searching  for,  seizing  and  arresting  such  deserters, 
who  shall,  upon  the  requisition  and  at  the  expense  of  the  Consul  or 
Vice-Consul,  be  confined  and  kept  in  the  prisons  of  the  country  until 
he  shall  have  found  an  opportunity  for  sending  them  home.  If,  how- 
ever, such  an  opportunity  should  not  occur  within  three  months  after 
the  arrest,  the  deserters  shall  be  set  at  liberty,  and  shall  not  again  be 
arrested  for  the  same  cause.  It  is,  however,  understood  that  seamen 
of  the  country  in  which  the  desertion  shall  occur  are  excepted  from 
these  provisions,  unless  they  be  naturalized  citizens  or  subjects  of  the 
other  country. 


Article  XVIII. 

Articles  of  all  kinds,  the  transit  of  which  is  allowed  in  Belgium, 
coming  from  or  going  to  the  United  States,  shall  be  exempt  from  all 
transit  duty  in  Belgium,  when  the  transportation  through  the  Bel- 
gian territory  is  effected  on  the  railroads  of  the  State. 

Article  XIX. 

The  present  treaty  shall  be  in  force  during  ten  years  from  the  date 
of  the  exchange  of  the  ratifications,  and  until  the  expiration  of  twelve 
months  after  either  of  the  high  contracting  parties  shall  have  an- 
nounced to  the  other  its  intention  to  terminate  the  operation  thereof ; 
each  party  reserving  to  itself  the  right  of  making  such  declaration  to 
the  other  at  the  end  of  the  ten  years  above  mentioned ; and  it  is  agreed, 
that  after  the  expiration  of  the  twelve  months  of  prolongation  ac- 
corded on  both  sides,  this  treaty  and  all  its  stipulations  shall  cease  to 
be  in  force. 


Article  XX. 

This  treaty  shall  be  ratified  and  the  ratifications  shall  be  exchanged 
at  Washington  within  the  term  of  six  months  after  its  date,  or  sooner 
if  possible ; and  the  treaty  shall  be  put  in  execution  within  the  term  of 
twelve  months. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  the 
present  treaty,  in  duplicate,  and  have  affixed  thereto  their  seals. 

Brussels,  the  tenth  of  November,  eighteen  hundred  and  forty-five. 

[seal.]  Thos.  G.  Clemson. 

[seal.]  Dechamps. 


BELGIUM — 1858. 


69 


1858.“ 

Treaty  of  Commerce  and  Navigation. 


Concluded  June  17^  1858;  ratification  advised  hy  the  Senate  March 
1869;  ratified  5y  the  President  April  13^  1859;  ratifications  ex- 
changed April  16,  1859;  proclaimed  April  19, 1869. 


Articles. 


I.  Freedom  of  commerce  and  navi- 
gation. 

II.  Duties  payable  by  Belgian  ves- 
sels. 

III.  Duties  payable  by  United  States 

vessels. 

IV.  Exemption  of  steam  vessels  from 

duties. 

V.  Coasting  trade. 

VI.  No  discrimination  in  duties. 

VII.  Export  duties. 


VIII.  Premiums,  drawbacks,  etc. 

IX.  Fisheries  excluded. 

X.  Nationality  of  vessels. 

XI.  Cargoes  for  other  countries. 

XII.  Warehousing. 

XIII.  Most  favored  nation. 

XIV.  Shipwrecks. 

XV.  Consuls. 

XVI.  Transit  duties. 

XVII.  Duration. 

XVIII.  Ratification. 

% 


The  United  States  of  America  on  the  one  part,  and  His  Majesty  the 
King  of  the  Belgians  on  the  other  part,  wishing  to  regulate  in  a formal 
manner  their  reciprocal  relations  of  commerce  and  navigation,  and 
further  to  strengthen,  through  the  development  of  their  interests, 
respectively,  the  bonds  of  friendship  and  good  understanding  so  hap- 
pily established  between  the  Governments  and  the  people  of  the  two 
countries;  and  desiring  with  this  view  to  conclude,  by  common  agree- 
ment, a treaty  establishiiig  conditions  equally  advantageous  to  the 
commerce  and  navigation  of  both  States,  have  to  that  effect  appointed 
as  their  Plenipotentiaries,  namely  : 

The  President  of  the  United  States,  Lewis  Cass,  Secretary  of  State 
of  the  United  States;  and  His  Majesty  the  King  of  the  Belgians,  Mr. 
Henri  Bosch  Spencer,  decorated  with  the  Cross  of  Iron,  Chevalier  of 
the  Order  of  Leopold,  Chevalier  of  the  Polar  Star,  his  Charge  d’Af- 
faires  in  the  United  States; 

Who,  after  having  communicated  to  each  other  their  full  powers, 
ascertained  to  be  in  good  and  proper  form,  have  agreed  to  and  con- 
cluded the  following  articles : 


Article  I. 


There  shall  be  full  and  entire  freedom  of  commerce  and  navigation 
between  the  inhabitants  of  the  two  countries,  and  the  same  security 
and  protection  which  is  enjoyed  by  the  citizens  or  subjects  of  each 
country  shall  be  guaranteed  on  both  sides.  The  said  inhabitants, 
whether  established  or  temporarily  residing  within  any  ports,  cities 
or  places  whatever  of  the  two  countries,  shall  not,  on  account  of  their 
commerce  or  industry,  pay  any  other  or  higher  duties,  taxes  or  im- 
posts than  those  which  shall  be  levied  on  citizens  or  subjects  of  the 
country  in  which  they  may  be;  and  the  privileges,  immunities  and 
other  favors,  with  regard  to  commerce  or  industry,  enjoyed  by  the 
citizens  or  subjects  of  one  of  the  two  States,  shall  be  common  to  those 
of  the  other. 


“ This  treaty  was  terminated  July  1.  1875,  by  notice  given  by  the  Belgian 
Government. 


70 


TREATIES,  CONVENTIONS,  ETC. 


Article  II. 

Belgian  vessels,  whether  coming  from  a Belgian  or  a foreign  port, 
shall  not  pay,  either  on  entering  or  leaving  the  ports  of  the  United 
States,  whatever  may  be  their  destination,  any  other  or  higher  duties 
of  tonnage,  pilotage,  anchorage,  buoys,  light-houses,  clearance,  broker- 
age or  generally  other  charges  whatsoever,  than  are  required  from 
vessels  of  the  United  States  in  similar  cases.  This  provision  ex- 
tends not  only  to  duties  levied  for  the  benefit  of  the  State,  but  also  to 
those  levied  for  the  benefit  of  provinces,  cities,  countries,  districts, 
townships,  corporations  or  any  other  division  or  jurisdiction,  what- 
ever may  be  its  designation. 


Article  III. 

Reciprocally,  vessels  of  the  United  States,  whether  coming  from  a 
port  of  said  States  or  from  a foreign  port,  shall  not  pay,  either  on 
entering  or  leaving  the  ports  of  Belgium,  whatever  may  be  their 
destination,  any  other  or  higher  duties  of  tonnage,  pilotage,  anchor- 
age, buoys,  light-houses,  clearance,  brokerage  or  generally  other 
charges  whatever,  than  are  required  from  Belgian  vessels  in  similar 
cases.  This  provision  extends  not  only  to  duties  levied  for  the  benefit 
of  the  State,  but  also  to  those  levied  for  the  benefit  of  jirovinces,  cities, 
countries,  districts,  townships,  corporations  or  any  other  division  or 
jurisdiction,  whatever  may  be  its  designation. 

Article  IV. 

Steam-vessels  of  the  United  States  and  of  Belgium  engaged  in 
regular  navigation  between  the  United  States  and  Belgium,  shall  be 
exempt  in  both  countries  from  the  payment  of  duties  of  tonnage, 
anchorage,  buoys  and  light-houses. 

Article  V. 

As  regards  the  coasting  trade  between  the  ports  of  either  country, 
the  vessels  of  the  two  nations  shall  be  treated  on  both  sides  on  the 
same  footing  with  the  vessels  of  the  most  favored  nations. 

Article  VI. 

I 

Objects  of  any  kind  soever  introduced  into  the  ports  of  either  of 
the  two  States  under  the  flag  of  the  other,  whatever  may  be  tlieir 
origin  and  from  what  country  soever  the  importation  thereof  may 
have  been  made,  shall  not  pay  other  or  higher  entrance  duties,  nor 
shall  be  subjected  to  other  charges  or  restrictions,  than  they  would 
pay,  or  be  subjected  to,  were  they  imported  under  the  national  flag. 

Article  VII. 

Articles  of  every  description  exported  by  Belgian  vessels,  or  by 
those  of  the  United  States  of  America,  from  the  ports  of  either  coun- 
try to  any  country  whatsoever,  shall  be  subjected  to  no  other  duties 
or  formalities  than  such  as  are  required  for  exportation  under  the 
flag  of  the  country  where  the  shipment  is  made. 


BELGIUM — 1858. 


71 


Article  VIII. 

All  premiums,  drawbacks  or  other  favors  of  like  nature,  which 
may  be  allowed  in  the  States  of  either  of  the  contracting  parties 
upon  goods  imported  or  exported  in  national  vessels,  shall  be  like- 
wise and  in  the  same  manner  allowed  upon  goods  imported  directly 
from  one  of  the  two  countries  by  its  vessels  into  the  other,  or  exported 
from  one  of  the  two  countries  by  the  vessels  of  the  other  to  any  des- 
tination whatsoever. 

Article  IX. 

The  preceding  article  is,  however,  not  to  apply  to  the  importation 
of  salt,  and  of  the  jiroduce  of  the  national  fisheries;  each  of  the  two 
parties  reserving  to  itself  the  faculty  of  granting  special  privileges 
for  the  importation  of  those  articles  under  its  own  flag. 

Article  X. 

The  high  contracting  parties  agree  to  consider  and  to  treat  as  Bel- 
gian vessels,  and  as  vessels  of  the  United  States,  all  those  which, 
being  provided  bv  the  competent  authority  with  a passport,  sea-letter, 
or  any  other  sufficient  document,  shall  be  recognized,  conformably 
with  existing  laws,  as  national  vessels  in  the  country  to  which  they 
respective!}^  belong. 

Article  XI. 

Belgian  vessels  and  those  of  the  United  States  may,  conformably 
with  the  laws  of  the  two  countries,  retain  on  board,  in  the  ports  of 
both,  such  parts  of  their  cargoes  as  may  be  destined  for  a foreign 
country;  and  such  parts  shall  not  be  subjected,  either  while  they 
remain  on  board  or  upon  re-exportation,  to  any  charges  whatsoever 
other  than  those  for  the  prevention  of  smuggling. 

Article  XII. 

During  the  period  allow'ed  by  the  laws  of  the  two  countries  respec- 
tively for  the  warehousing  of  goods,  no  duties,  other  than  those  of 
watch  and  storage,  shall  be  levied  upon  articles  brought  from  either 
country  into  the  other  while  awaiting  transit,  re-exportation,  or  entry 
for  consumption.  Such  goods  shall  in  no  case  be  subject  to  higher 
warehouse  charges  or  to  other  formalities  than  if  they  had  been  im- 
ported under  the  flag  of  the  country. 

Article  XIII. 

In  all  that  relates  to  duties  of  customs  and  navigation,  the  two  high 
contracting  parties  promise,  reciprocally,  not  to  grant  any  favor, 
privilege  or  immunity  to  any  other  State  which  shall  not  instantly 
become  common  to  the  citizens  and  subjects  of  both  parties,  respec- 
tively ; gratuitously,  if  the  concession  or  favor  to  such  other  State  is 
gratuitous,  and  on  allowing  the  same  compensation,  or  its  equivalent, 
if  the  concession  is  conditional. 

Neither  of  the  contracting  parties  shall  lay  upon  goods  proceeding 
from  the  soil  or  the  industry  of  the  other  party,  which  may  be  im- 


72 


TKEATIES,  CONVENTIONS,  ETC. 


ported  into  its  ports,  any  other  or  higher  duties  of  importation  or 
re-exportation  than  are  laid  upon  the  importation  or  re-exportation 
of  similar  goods  coming  from  any  other  foreign  country. 

Article  XIV. 

In  cases  of  shipwreck,  damages  at  sea  or  forced  putting-in,  each 
party  shall  afford  to  the  vessels  of  the  other,  whether  belongiqg  to 
the  State  or  to  individuals,  the  same  assistance  and  protection,  and 
the  same  immunities,  which  would  have  been  granted  to  its  own  ves- 
sels in  similar  cases. 

Article  XV. 

It  is,  moreover,  agreed  between  the  two  contracting  parties  that  the 
Consuls  and  Vice-Consuls  of  the  United  States  in  the  jiorts  of  Bel- 
gium, and,  reciprocally,  the  Consuls  and  Vice-Consuls  of  Belgium 
in  the  ports  of  the  United  States,  shall  continue  to  enjov  all  the 
privileges,  protection  and  assistance  usually  granted  to  tliem,  and 
which  may  be  necessary  for  the  proper  discharge  of  their  functions. 
The  said  Consuls  and  Vice-Consuls  may  cause  to  be  arrested  and 
sent  back,'either  to  their  vessels  or  to  their  country,  such  seamen  as 
may  have  deserted  from  the  vessels  of  their  nation.  To  this  end  they 
shall  api^ly  in  writing  to  the  competent  local  authorities,  and  they 
shall  prove,  by  exhibition  of  the  vessel's  crew-list  or  other  document, 
or,  if  she  shall  have  departed,  by  copy  of  said  documents,  duly  cer- 
tified by  them,  that  the  seamen  whom  they  claim  formed  part  of  the 
said  crew.  Upon  such  demand,  thus  supported,  the  delivery  of  the 
deserters  shall  not  be  refused.  They  shall,  moreover,  receive  all  aid 
and  assistance  in  searching  for,  seizing  and  arresting  such  deserters, 
Avho  shall,  upon  the  requisition  and  at  the  expense  of  the  Consul  or 
Vice-Consul,  be  confined  and  kept  in  the  prisons  of  the  country  until 
he  shall  have  found  an  opportunity  for  sending  them  home.  If,  how- 
ever, such  an  opportunity  should  not  occur  within  three  months  after 
the  arrest,  the  deserters' shall  be  set  at  liberty,  and  shall  not  again 
be  arrested  for  the  same  cause.  It  is,  however,  understood  that  sea- 
men of  the  country  in  Avhich  the  desertion  shall  occur  are  excepted 
from  these  provisions,  unless  they  be  naturalized  citizens  or  subjects 
of  the  other  country. 

Article  XVI. 

Articles  of  all  kinds,  the  transit  of  which  is  allowed  in  Belgium, 
coming  from  or  going  to  the  United  States,  shall  be  exempt  from  all 
transit  duty  in  Belgium,  Avhen  the  transportation  through  the  Belgian 
territory  is  effected  on  the  railroads  of  the  State. 

Article  XVII. 

The  present  treaty  shall  be  in  force  during  ten  years  from  the  date 
of  the  exchange  of  the  ratifications,  and  until  the  expiration  of  twelve 
months  after  either  of  the  high  contracting  parties  shall  have  an- 
nounced to  the  other  its  intention  to  terminate  the  operation  thereof; 
each  party  reserving  to  itself  the  right  of  making  such  declaration  to 
the  other  'at  the  end  of  the  ten  years'aboA^e  mentioned ; and  it  is  agreed 
that,  after  the  expiration  of  the  twelve  months  of  prolongation  ac- 
corded on  both  sides,  this  treaty  and  all  its  stipulations  shall  cease 
to  be  in  force. 


BELGIUM — 1858-1863. 


73 


Article  XVIII. 

This  treaty  shall  be  ratified,  and  the  ratifications  shall  be  exchanged 
at  Washington,  within  the  term  of  nine  months  after  its  date,  or 
sooner  if  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  the 
present  treaty,  in  duplicate,  and  have  affixed  thereto  their  seals,  at 
Washington,  the  seventeenth  of  July,  eighteen  hundred  and  fifty- 
eight. 

[seal.]  Lew.  Cass. 

[seal.]  H.  Bosch  Spencer. 


1863.“ 

Convention  Relative  to  Import  Duties  and  Capitalization  of 

Scheldt  Dues. 

Concluded  May  20^  1863;  ratification  advised  l>y  the  Senate  February 

26, 186 If,'  ratified  hy  the  President  March  5,  186 If.;  ratif cations  ex- 
changed June  21f.,  186Jf;  proclaimed  November  18,  1861^. 

Articles. 

I.  Tonnage,  port,  pilot  dues.  I III.  Import  duties. 

II.  Salt.  I IV.  Capitalization  of  Scheldt  dues. 

V.  Duration ; ratification. 

The  President  of  the  United  States  of  America  on  the  one  side. 
His  Majesty  the  King  of  the  Belgians  on  the  other  side,  having 
deemed  it  advantageous  to  complete,  by  new  stipulations  the  treaty 
of  commerce  and  navigation  entered  into  bt’"  the  United  States  and 
Belgium  on  the  17th  day  of  July,  1858,  have  resolved  to  make  a con- 
vention in  addition  to  that  arrangement,  and  have  appointed  for  their 
Plenipotentiaries,  namely : 

The  President  of  the  United  States,  Henry  Shelton  Sanford,  a 
citizen  of  the  United  States,  their  Minister  Resident  near  His  Majesty 
the  King  of  the  Belgians;  His  Majesty  the  King  of  the  Belgians,  the 
Sieur  Charles  Rogier,  Grand  Officer  of  the  Order  of  Leopold,  deco- 
rated with  the  Iron  Cross,  Grand  Cross  of  the  Order  of  the  Ernestine 
Branch  of  Saxony,  of  the  Polar  Star,  of  St.  Maurice  and  St.  Lazarus, 
of  our  Lady  of  the  Conception  of  Villa  Vicosa,  of  the  Legion  of 
Honor,  of  the  White  Eagle,  &c.,  a member  of  the  Chamber  of  Repre- 
sentatives, his  Minister  of  Foreign  Affairs; 

Who,  after  having  communicated  to  each  other  their  full  powers, 
found  to  be  in  good  and  proper  form,  have  agreed  upon  the  following 
articles : 

Article  I. 

From  and  after  the  day  when  the  capitalization  of  the  duties  levied 
upon  navigation  in  the  Scheldt  shall  have  been  secured  by  a general 
arrangement : 

1st.  The  tonnage  dues  levied  in  Belgian  ports  shall  cease. 


“ The  articles  of  this  treaty  uot  transitory  have  been  superseded  by  the  treaty 
of  1875.  \ 


74 


TREATIES,  CONVENTIONS,  ETC. 


2d.  Fees  for  pilotage  in  Belgian  ports  and  in  the  Scheldt,  in  so  far 
as  it  depends  on  Belgium,  shall  be  reduced  twenty  per  centum  for 
sailing  vessels,  twenty-five  per  centum  for  vessels  in  tow,  thirty  per 
centum  for  steam-vessels. 

3d.  Port  dues  and  other  charges  levied  by  the  city  of  Antwerp  shall 
be  throughout  reduced. 

Article  II. 

In  derogation  to  the  ninth  article  of  the  treaty  of  the  17th  of  July, 
1858,  the  flag  of  the  United  States  shall  be  assimilated  to  that  of  Bel- 
gium for  the  transportation  of  salt. 

Article  III. 

The  tariff  of  import  duties  resulting  from  the  treaty  of  the  1st  of 
May,  1861,  between  Belgium  and  France,  is  extended  to  goods  im- 
ported from  the  United  States,  on  the  same  conditions  with  which  it 
was  extended  to  Great  Britain  by  the  treaty  of  the  twenty-third  of 
July,  eighteen  hundred  and  sixty-two. 

The  reduction  made  by  the  treaties  entered  into  by  Belgium  with 
Switzerland  on  the  eleventh  of  December,  eighteen  hundred  and 
sixty-two,  with  Italy  on  the  ninth  of  April,  eighteen  hundred  and 
sixty-three,  with  the  Netherlands  on  the  12th  of  May,  eighteen  hun- 
dred and  sixty-three,  and  also  with  France  on  the  twelfth  of  May, 
eighteen  hundred  and  sixty-three,  shall  be  equally  applied  to  goods 
imported  from  the  United  States. 

It  is  agreed  that  Belgium  shall  also  extend  .to  the  United  States 
the  reductions  of  import  duties  which  may  result  from  her  subse- 
quent treaties  with  other  powers. 

Article  IV. 

The  United  States,  in  view  of  the  proposition  made  by  Belgium  to 
regulate,  by  a common  accord,  the  capitalization  of  the  Scheldt  dues, 
consents  to  contribute  to  this  capitalization  under  the  following  con- 
ditions : 

a.  The  capital  sum  shall  not  exceed  thirty-six  millions  of  francs. 

T).  Belgium  shall  assume  for  its  part  one-third  of  that  amount. 

c.  The  remainder  shall  be  apportioned  among  the  other  States,  fro 
rata  to  their  navigation  in  the  Scheldt. 

d.  The  proportion  of  the  United  States,  to  be  determined  in  accord- 
ance with  this  rule,  shall  not  exceed  the  sum  of  two  millions  seven 
hundred  and  seventy-nine  thousand  two  hundred  francs. 

e.  The  payment  of  the  said  proportion  shall  be  made  in  ten  annual 
installments  of  equal  amount,  which  shall  include  the  capital  and  the 
interest  on  the  portion  remaining  unpaid  at  the  rate  of  four  per 
centum. 

The  first  installment  shall  be  payable  at  Brussels,  on  the  first  day 
of  April,  eighteen  hundred  and  sixty-four,  or  immediately  after  the 
Congress  of  the  United  States  shall  have  made  the  requisite  appro- 
priation. In  either  event,  the  interest  shall  commence  to  run  on  the 
date  of  the  first  of  April,  eighteen  hundred  and  sixty-four,  above 
mentioned. 


BELGIUM 1863. 


75 


The  Government  of  the  United  States  reserves  the  right  of  antici- 
pating the  payment  of  the  projiortion  of  the  United  States. 

The  above-mentioned  conditions  for  the  capitalization  of  the 
Scheldt  dues  shall  be  inserted  in  a general  treaty,  to  be  adopted  by  a 
conference  of  the  maritime  States  interested,  and  in  which  the  United 
States  shall  be  represented. 


Article  V. 


The  Articles  I.  and  IV.  of  the  present  additional  convention  shall 
be  perpetual;  and  the  remaining  articles  shall,  together  with  the 
treaty  of  commerce  and  navigation  made  between  the  high  contract- 
ing parties  on  the  seventeenth  of  July,  eighteen  hundred  and  fifty- 
eight,  have  the  same  force  and  duration  as  the  treaties  mentioned  in 
Article  III. 

The  ratifications  thereof  shall  be  exchanged  with  the  least  possible 
delay. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  the 
present  convention,  and  have  affixed  thereto  their  seals. 

Made  in  duplicate,  and  signed  at  Brussels  the  twentieth  day  of 
Ma}'^,  eighteen  hundred  and  sixty-three. 

[seal.]  H.  S.  Sanford. 

[seal.]  Ch.  Rogier. 

Declaration  annexed  to  the  additional  convention  signed  this  day 
between  the  United  States  and  Belgium : 

The  Plenipotentiary  of  the  United  States  having  required  that  the 
attributions  of  the  Consuls  of  the  United  States  in  Belgium  should 
become  the  object  of  fai’ther  stipulations,  and  it  having  been  imprac- 
ticable to  complete  in  season  the  examination  of  the  said  stipulations, 
it  is  agreed  that  the  Belgian  Government  will  continue  thajt  examina- 
tion with  the  sincere  intent  to  come  to  an  agreement  as  early  as  may 
be  possible. 

Done  at  Brussels,  in  duplicate,  the  twentieth  of  May,  eighteen  hun- 
dred and  sixty-three. 

H.  S.  Sanford. 

Ch.  Rogier. 


1863. 


C0NI"ENTI0N  FOR  THE  EXTINGUISHMENT  OF  THE  ScHELDT  DuES. 

Concluded  July  20, 1863;  ratification  advised  hy  the  Senate  February 
26,  186 J/.;  ratified  by  the  President  March  5,  186 ratifications 
exchanged  June  21^,  186 If ; proclaimed  November  18, 1861^. 


Articles. 


I.  Scheldt  dues  extinguished. 

II.  Declaration  by  King  of  Belgium. 

III.  Tonnage  and  other  dues. 

IV.  Payment  by  the  United  States. 


V.  Execution. 
VI.  Application. 
VII.  Eatification. 


The  United  States  of  America  and  His  Majesty  the  King  of  the 
Belgians,  equally  desirous  of  liberating  forever  the  navigation  of  the 
Scheldt  from  the  dues  which  encumber  it,  to  assure  the  reformation  of 
the  maritime  taxes  levied  in  Belgium,  and  to  facilitate  thereby  the 


76 


TREATIES,  CONVENTIONS,  ETC. 


development  of  trade  and  navigation,  have  resolved  to  conclude  a 
treaty  to  complete  the  convention  signed  on  the  20th  of  May,  1863, 
between  the  United  States  and  Belgium,  and  have  appointed  as  their 
Plenipotentiaries,  namely : 

The  President  of  the  United  States  of  America,  Henry  Shelton 
Sanford,  a citizen  of  the  United  States,  their  Minister  Resident  to 
His  Majesty  the  King  of  the  Belgians;  and  His  Majesty  the  King  of 
the  Belgians,  Mr.  Charles  Rogier,  Grand  Officer  of  the  Order  of  Leo- 
pold, decorated  with  the  Iron  Cross,  &c.,  &c.,  &c.,  his  Minister  of 
Foreign  Affairs; 

Who,  after  having  exchanged  their  full  powers,  found  to  be  in  good 
and  due  form,  have  agreed  upon  the  following  articles: 

Article  I. 

The  high  contracting  parties  take  note  of,  and  record : 

1st.  The  treaty  concluded  on  the  twelfth  of  May,  eighteen  hundred 
and  sixty-three,  between  Belgium  and  the  Netherlands,  which  will 
remain  annexed  to  the  present  treaty,  and  by  which  his  Majesty  the 
King  of  the  Netherlands  renounces  forever  the  dues  established  upon 
navigation  in  the  Scheldt  and  its  mouths,  by  the  third  paragraph  of 
the  ninth  article  of  the  treaty  of  the  nineteenth  of  April,  eighteen 
hundred  and  thirty-nine,  and  His  Majesty  the  King  of  the  Belgians 
engages  to  pay  tlie  capital  sum  of  the  redemption  of  those  dues,  which 
amount  to  17,141,640  florins. 

2d.  The  declaration  made  in  the  name  of  His  Majesty  the  King  of 
the  Netherlands  on  the  fifteenth  of  July,  eighteen  hundred  and  sixty- 
three,  to  the  Plenipotentiaries  of  the  high  contracting  parties,  that 
the  extinguishment  of  the  Scheldt  dues,  consented  to  by  his  said 
Majesty,  applies  to  all  flags;  that  these  dues  can  never  be  re-estab- 
lished under  any  form  whatsoever;  and  that  this  suppression  shall 
not  affect  in  aii}^  manner  the  other  provisions  of  the  treaty  of  the 
nineteenth  of  April,  eighteen  hundred  and  thirty-nine,  which  declara- 
tion shall  be  considered  inserted  in  the  present  treaty,  to  which  it 
shall  remain  also  annexed. 


Article  II. 

His  Majesty  the  King  of  the  Belgians  makes,  for  what  concerns 
him,  the  same  declaration  as  to  that  which  is  mentioned  in  the  second 
paragraph  of  the  preceding  article. 

Article  III. 

It  is  well  understood  that  the  tonnage  dues  suppressed  in  Belgium, 
in  conformity  with  the  convention  of  the  twentieth  of  May,  eighteen 
hundred  sixty-three,  cannot  be  re-established,  and  that  the  pilotage 
dues  and  local  taxes  reduced  under  the  same  convention  cannot  be 
again  increased. 

The  tariff  of  pilotage  dues  and  of  local  taxes  at  Antwerp,  shall  be 
the  same  for  the  United  States  as  those  which  are  set  down  in  the 
protocols  of  the  conference  at  Brussels. 


BELGIUM 1863. 


77 


Article  IV. 

In  regard  to  the  proportion  of  the  United  States  in  the  capital  sum 
of  the  extinguishment  of  the  Scheldt  dues,  and  the  manner,  place  and 
time  of  the  payment  thereof,  reference  is  made  by  the  high  contract- 
ing parties  to  the  convention  of  the  twentieth  May,  eighteen  hundred 
and  sixty-three. 

Article  V. 

The  execution  of  the  reciprocal  engagements  contained  in  the  pres- 
ent treaty  is  made  subordinate,  in  so  far  as  is  necessary,  to  the  for- 
malities and  rules  established  by  the  constitutional  laws  of  the  high 
contracting  parties. 

Article  VI. 

It  is  well  understood,  that  the  provisions  of  Article  III.  will  only 
be  obligatory  with  respect  to  the  State  which  has  taken  part  in,  or 
those  which  shall  adhere  to,  the  treaty  of  this  day,  the  King  of  the 
Belgians  reserving  to  himself  expressly  the  right  to  establish  the 
manner  of  treatment  as  to  fiscal  and  customs  regulations  of  vessels 
belonging  to  States  which  shall  not  be  parties  to  this  treaty. 

Article  VII. 

The  present  treaty  shall  be  ratified,  and  the  ratifications  thereof 
shall  be  exchanged  at  Brussels  with  the  least  possible  delay. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  the 
same  in  duplicate,  and  affixed  thereto  their  seals. 

Done  at  Brussels,  the  twentieth  day  of  July,  eighteen  hundred  and 
sixty-three. 

[seal.]  H.  S.  Sanforu. 

[seal.]  Ch.  Rogier. 


[Translation.] 


Treaty  of  May  12,  1863,  between  Belgium,  and  the  N eiherlands,^ 
annexed  to  the  treaty  of  July  20,  1863. 

His  Majesty  the  King  of  the  Belgians  and  His  Majesty  the  King  of 
the  Xetherlands,  Grand  Duke  of  Luxemburg,  having  come  to  an 
agreement  upon  the  conditions  of  the  redemption,  by  capitalization, 
of  the  dues  established  upon  the  navigation  of  the  Scheldt  and  of  its 
mouths,  by  paragraph  three  of  the  ninth  article  of  the  treaty  of  the 
19th  April.  1839,  have  resolved  to  conclude  a special  treaty  on  this 
subject,  and  have  appointed  for  their  Plenipotentiaries: 

His  Majesty  the  King  of  the  Belgians,  M.  Aldephonse  Alexander 
Felix,  Baron  du  Jardin,  Commander  of  the  Order  of  Leopold,  deco- 
rated with  the  Iron  Cross,  Commander  of  the  Lion  of  the  Nether- 
lands, Chevalier  Grand  Cross  of  the  Oaken  Crown,  Grand  Cross 
and  Commander  of  several  other  orders,  his  Envoy  Extraordinary 
and  Minister  Plenipotentiary  near  to  His  Majesty  the  King  of  the 


78 


TEEATIES,  CONVENTIONS,  ETC. 


Netherlands.  His  Majesty  the  King  of  the  Netherlands,  M.  Paul 
Van  der  Maesen  de  Sombre ff,  Chevalier  Grand  Cross  of. the  Order  of 
the  Nichan  Iftihar  of  Tunis,  his  Minister  of  Foreign  Affairs;  M.  .lean 
Eudolphe  Thorbecke,  Chevalier  Grand  Cross  of  the  Order  of  the  Lion 
of  the  Netherlands,  Grand  Cross  of  the  Order  of  Leopold  of  Bel- 
gium, and  of  many  other  orders,  his  Minister  of  Interior;  and  M. 
Gerard  Henri  Betz,  his  Minister  of  Finance; 

Who,  after  having  exchanged  their  full  powers,  found  in  good  and 
due  form,  have  concluded  upon  the  following  articles: 

Article  I. 

His  Majesty  the  King  of  the  Netherlands  renounces  forever,  for  the 
- sum  of  17,141,640  florins  of  Holland,  the  dues  levied  upon  the  navi- 
gation of  the  Scheldt  and  of  its  mouths,  by  virtue  of  pai’agi'aph  three 
of  Article  IX.  of  the  treaty  of  19th  April,  1839. 

Article  II. 

This  sum  shall  be  paid  to  the  Government  of  the  Netherlands  by 
the  Belgian  Government,  at  Antwerji,  or  at  Amsterdam,  at  the  choice 
of  the  latter,  the  franc  calculated  at  47J  cents  of  the  Netherlands, 
as  follows: 

One-third  immediately  after  the  exchange  of  ratifications,  and  the 
two  other  thirds  in  three  equal  installments,  payable  on  the  1st  May. 
1864,  1st  May,  1865,  and  1st  May,  1866.  The  Belgian  Govermnent 
may  anticipate  the  above-named  payments. 

Article  III. 

From  and  after  the  payment  of  the  first  installment  of  one-third, 
the  dues  shall  cease  to  be  levied  by  the  Government  of  the  Nether- 
lands. 

The  sums  not  immediately  paid  shall  bear  interest  at  the  rate  of  4 
per  cent,  per  annum,  in  favor  of  the  treasury  of  the  Netherlands. 

Article  IV. 

It  is  understood  that  the  capitalization  of  the  dues  shall  not  in  any 
way  affect  the  engagements  by  which  the  two  States  are  bound,  in 
what  concerns  the  Scheldt,  by  treaties  in  force. 

Article  V. 

The  pilotage  dues  now  levied  on  the  Scheldt  are  reduced  20  per 
cent,  for  sailing  vessels,  25  per  cent,  for  towed  vessels,  and  30  per 
cent,  for  steam  vessels. 

It  is,  moreover,  agreed  that  the  pilotage  dues  on  the  Scheldt  can 
never  be  higher  than  the  pilotage  dues  levied  at  the  mouths  of  the 
Meuse. 

Article  VI. 

The  present  treaty  shall  be  ratified,  and  the  ratifications  shall  be 
exchanged  at  the  Hague  within  four  months,  or  earlier  if  possible. 


BELGIUM 1863. 


79 


In  faith  whereof  the  Plenipotentiaries  above  named  have  signed  the 
same  and  affixed  their  seals. 

Done  at  the  Hague,  the  12th  May,  1863. 

[l.  s'.]  Baron  du  Jardin. 

• [l.  s.]  P.  Van  Der  Maesen  de  Sombreff. 

[l.  s.]  Thorbecke. 

[l.  s.]  Betz. 


[Translation.  ] 

Protocol  of  July  15, 1863,  annexed  to  the  treaty  of  J%dy  20,  1863. 


The  undersigned  Plenipotentiaries,  having  come  together  in  con- 
ference to  determine  the  general  treaty  relative  to  the  redemption  of 
the  Scheldt  dues,  and  having  judged  it  useful,  before  drawing  up  this 
arrangement  in  due  form,  to  be  enlightened  with  respect  to  the  treaty 
concluded  the  12th  of  May,  1863,  between  Belgium  and  Holland, 
have  resolved,  to  this  end,  to  invite  the  Minister  of  the  Netherlands 
to  take  a place  in  the  conference. 

The  Plenipotentiary  of  the  Netherlands  presented  himself  in  re- 
sponse to  this  invitation,  and  made  the  following  declaration : 

“ The  undersigned.  Envoy  Extraordinary  and  Minister  Plenipo- 
tentiary of  His  Majesty  the  King  of  the  Netherlands,  declares,  in 
virtue  of  the  special  powers  which  have  been  delivered  to  him,  that 
the  extinguishment  of  the  Scheldt  dues,  consented  to  by  his  August 
Sovereign  in  the  treaty  of  the  12th  May,  applies  to  all  flags;  that 
these  dues  can  never  be  reestablished  in  any  form  whatsoever;  and 
that  this  extinguishment  shall  not  affect  in  any  way  the  other  pro- 
visions of  the  treaty  of  the  19th  April,  1839.” 

[l.  s.]  Baron  Gericke  d’Heravynen. 

Brussels,  July  15,  1863.” 


Note  has  been  taken  and  record  made  of  this  declaration,  which 
shall  be  inserted  in  or  annexed  to  the  general  treaty. 

Done  at  Brussels,  the  15th  July,  1863. 


Baron  Gericke  d’Herwynen. 
Baron  de  Hugel. 

J.  T.  DO  Amaral. 

M.  Carvallo. 

P.  Bille  Brahe. 

D.  CoELLO  DE  Portugal. 

H.  S.  Sanford. 

Malaret. 

Howard  de  Walden  et  Seaford. 
Von  Hodenberg. 

Cte.  de  Montalto. 

Man.  Yrigoyen. 

Vte.  de  Seisal. 

Savigny. 

Orloff. 

Adalbert  Mansbach. 

C.  Musurus. 

Geffcken. 

Ch.  Rogier. 

Bn.  Lambermont. 


L.  S.] 
>.  S.] 

A.  s.] 
A.  s.] 
A.  s.] 
A.  s.] 
A.  s.] 
A.  s.] 
A.  s.] 
A.  s.] 
A.  s.] 
A.  s.] 
A.  s.] 
A.  s.] 
A.  s.] 
A.  s.] 
A.  s.] 
A.  s.] 
A.  s.] 
A.  s.] 


80 


TREATIES,  CONVENTIONS,  ETC. 


1868. 

Naturalization  Convention. 


Concluded  November  16^  1868;  ratification  advised  by  the  Senate 
April  12,  1869;  ratified  by  the  President  April  18,  1869;  ratifi- 
cations exchanged  July  10,  1869;  proclaimed  July  30,  1869. 


Articles. 


I.  Recognition  of  naturalization. 

II.  Liability  for  prior  offenses. 

III.  Exemption  from  military  service. 


IV.  Resumption  of  former  citizenship. 

V.  Duration 

VI.  Ratification.  , 


The  President  of  the  United  States  of  America  and  His  Majesty 
the  King  of  the  Belgians,  led  by  the  wish  to  regulate  the  citizenship 
of  those  persons  who  emigrate  from  the  United  States  of  America 
to  Belgium,  and  from  Belgium  to  the  United  States  of  America,  have 
resolved  to  make  a Convention  on  this  subject,  and  have  appointed 
for  their  Plenipotentiaries,  namely : 

The  President  of  the  United  States  of  America,  Henry  Shelton 
Sanford,  a citizen  of  the  United  States,  their  Minister  Eesident  near 
His  Majesty  the  King  of  the  Belgians;  and  His  Majesty  the  King  of 
the  Belgians,  the  Sieur  Jules  Vander  Stichelen,  Grand  Cross  of  the 
Order  of  the  Dutch  Lion,  &c.,  &c.,  &c.,  his  Minister  of  Foreign 
Affairs; 

IVho,  after  having  communicated  to  each  other  their  full  powers, 
found  to  be  in  good  and  proper  form,  have  agreed  upon  the  following 
articles: 

Article  I. 


Citizens  of  the  United  States  who  may  or  shall  have  been  natu- 
ralized in  Belgium  will  be  considered  by  the  United  States  as  citi- 
zens of  Belgium.  Eeciprocally,  Belgians  who  may  or  who  shall  have 
been  naturalized  in  the  United  States  will  be  considered  by  Belgium 
as  citizens  of  the  United  States. 


Article  II. 

Citizens  of  either  contracting  party,  in  case  of  their  return  to  their 
original  country,  can  be  prosecuted  there  for  crimes  or  misdemeanors 
committed  before  naturalization,  saving  to  them  such  limitations  as 
are  established  by  the  laws  of  their  original  country. 

% 

Article  III. 

Naturalized  citizens  of  either  contracting  party,  who  shall  have 
resided  five  years  in  the  country  which  has  naturalized  them,  cannot 
be  held  to  the  obligation  of  military  service  in  their  original  country, 
or  to  incidental  obligation  resulting  therefrom,  in  the  event  of  their 
return  to  it,  except  in  cases  of  desertion  from  organized  and  embodied 
military  or  naval  service,  or  those  that  may  be  assimilated  thereto  by 
the  laws  of  that  country. 

Article  IY. 

Citizens  of  the  United  States  naturalized  in  Belgium  shall  be  con- 
sidered by  Belgium  as  citizens  of  the  United  States  when  they  shall 


BELGIUM — 1868. 


81 


have  recovered  their  character  as  citizens  of  the  United  States, 
according  to  the  laws  of  the  United  States.  Reciprocally,  Belgians 
naturalized  in  the  United  States  shall  be  considered  as  Belgians  by 
the  United  States  when  they  shall  have  recovered  their  character  as 
Belgians  according  to  the  laws  of  Belgium. 

Article  V. 

The  present  convention  shall  enter  into  execution  immediately  after 
the  exchange  of  ratifications,  and  shall  remain  in  force  for  ten  years. 
If,  at  the  expiration  of  that  period,  neither  of  the  contracting  parties 
shall  have  given  notice  six  months  in  advance  of  its  intention  to  ter- 
minate the  same,  it  shall  continue  in  force  until  the  end  of  twelve 
months  after  one  of  the  contracting  parties  shall  have  given  notice 
to  the  other  of  such  intention. 

Article  VI. 

The  present  convention  shall  be  ratified  by  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate ; and 
by  His  Majesty  the  King  of  the  Belgians,  with  the  consent  of  Par- 
liament ; and  the  ratifications  shall  be  exchanged  at  Brussels  within 
twelve  months  from  the  date  hereof,  or  sooner  if  possible. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
same,  and  affixed  thereto  their  seals. 

Made  in  duplicate  at  Brussels,  the  sixteenth  of  November,  eighteen 
hundred  and  sixty-eight. 

[seal.]  H.  S.  Sanford. 

[seal.]  Jules  Vander  Stichelen. 


1868.“ 

Convention  Concerning  the  Rights,  Privileges,  and  Immt’nities 

OF  Consuls. 


Concluded  December  -5, 1868;  ratification  advised  by  the  Senate  April 
12^  1869;  ratifed  by  the  President  April  18, 1869;  ratif cations  ex- 
changed July  8, 1869;  proclaimed  March  7, 1870. 

Articles. 


I.  Liberty  to  appoint  consuls. 

11.  Exequatur. 

III.  Exemption  from  arrest. 

IV.  Evidence. 

V.  Arms  and  flags. 

VI.  Archives. 

VII.  Acting  consuls. 

VIII.  Vice-consuls  and  consular  agents. 

IX.  Applications  to  governments; 
authorities. 


X.  Depositions. 

XI.  Authority  as  to  shipping. 

XII.  Deserters  from  ships. 

XIII.  Settlement  of  damages  at  sea. 

XIV.  Salvage. 

XV.  Estates  of  deceased  persons. 

XVI.  Duration. 


The  President  of  the  United  States  of  America  and  His  Majesty 
the  King  of  the  Belgians,  recognizing  the  utility  of  defining  the 


“ This  treaty  was  terminated  January  1,  1880,  on  notice  given  by  the  Belgian 
Government.  Ex  parte  Van  Hoven  (4  Dill.  411)  ; In  re  stupp  (12  Blatch.  501)  ; 
In  re  Wildenhns  (28  Fed.  Rep.  924). 

24449— VOL  1—10 6 


82 


TREATIES,  C0XVE:XTI0NS,  ETC. 


rights,  privileges  and  iinniunities  of  consular  officers  in  the  two  coun- 
tries, deem  it  expedient  to  conclude  a consular  convention  for  that 
purpose;  accordingly,,  they  have  named: 

The  President  of  the  United  States  of  America,  Henry  Shelton 
Sanford,  a citizen  of  tlie  United  States,  their  Minister  Resident  near 
His  Majesty  the  King  of  the  Belgians;  and  His  Majesty  the  King  of 
the  Belgians,  the  Sieur  Jules  Vander  Stichelen,  Grand  Cross  of  the 
Order  of  the  Dutch  Lion,  &c.,&c.,&c.,  his  Minister  of  Foreign  Affairs ; 

Who,  after  having  communicated  to  each  other  their  full  powers, 
found  to  be  in  good  and  projier  form,  have  agreed  upon  the  following 
articles : 

Article  I. 

Each  of  the  high  contracting  parties  agrees  to  receive  from  the 
other,  Consuls-General,  Consuls,  Vice-Consuls  and  Consular  Agents, 
in  all  its  ports,  cities  and  places,  except  those  where  it  may  not  be 
convenient  to  recognize  such  officers.  This  reservation,  however,  shall 
not  apply  to  one  of  the  high  contracting  parties  without  also  apply- 
ing to  every  other  power. 


Article  II. 

Consular  officers,  on  the  presentation  of  their  commissions  in  the 
forms  established  in  their  respective  countries,  shall  be  furnished 
with  the  necessary  exequatur  free  of  charge,  and  on  the  exhibition  of 
this  instriunent  they  shall  be  permitted  to  enjoy  the  rights,  preroga- 
tives and  immunities  granted  by  this  convention. 

Article  III. 

Consular  officers,  citizens  of  the  State  by  which  they  are  appointed, 
shall  be  exempt  from  arrest,  except  in  the  case  of  offences  which  the 
local  legislation  qualifies  as  crimes,  and  punishes  it  as  such ; from 
military  billetings,  from  service  in  the  militia  or  in  the  national 
guard,  or  in  the  regular  army,  and  from  all  taxation,  federal,  state  or 
municipal.  If,  however,  they  are  citizens  of  the  State  where  they 
reside,  or  own  property,  or  engage  in  business  there,  they  shall  be 
liable  to  the  same  charges  of  all  kinds  as  other  citizens  of  the  country, 
Avho  are  merchants  or  OAvners  of  property. 

Article  IY. 

No  consular  officer  who  is  a citizen  of  the  State  by  which  he  was 
appointed,  and  Avho  is  not  engaged  in  business,  shall  be  compelled  to 
appear  as  a Avitness  before  the  courts  of  the  country  Avhere  he  may 
reside.  When  the  testimony  of  such  a consular  officer  is  needed,  he 
shall  be  invited  in  writing  to  appear  in  court,  and  if  unable  to  do  so, 
his  testimony  shall  be  requested  in  writing,  or  be  taken  orally,  at  his 
dwelling  or  office. 

It  shall  be  the  duty  of  said  consular  officer  to  comply  with  this 
request  Avithout  any  delay  Avliich  can  be  aAmided. 

In  all  criminal  cases,  contemplated  by  the  sixth  article  of  the 
amendments  to  the  Constitution  of  the  United  States,  whereby  the 
right  is  secured  to  persons  charged  with  crimes  to  obtain  witnesses 


BELGIUM — 1868. 


83 


in  their  favor,  the  appearance  in  court  of  said  consular  officer  shall 
be  demanded,  with  all  possible  regard  to  the  consular  dignity  and 
to  the  duties  of  his  office.  A similar  treatment  shall  also  be  extended 
to  United  States  Consuls  in  Belgium,  in  the  like  cases. 

Aeticle  V. 

Consuls-General,  Consuls,  Vice-Consuls  and  Consular  Agents  may 
place  over  the  outer  door  of  their  offices,  or  their  dwelling-houses,  the 
arms  of  their  nation,  with  this  inscription,  “ Consulate,  or  Vice-Con- 
sulate, or  Consular  Agency  ” of  the  United  States,  or  of  Belgium, 
&c.,  &c.  And  they  may  also  raise  the  flag  of  their  country  on  their 
offices  or  dwelling-houses,  except  in  the  capital  of  the  country,  when 
there  is  a legation  there. 

Article  VI. 

The  consular  offices  and  dwellings  shall  be  at  all  times  inviolable. 
The  local  authorities  shall  not,  und^er  any  pretext,  invade  them.  In 
no  case  shall  they  examine  or  seize  the  papers  there  deposited.  In 
no  case  shall  those  offices  or  dwellings  be  used  as  places  of  asylum. 
VTien,  however,  a consular  officer  is  engaged  in  other  business,  the 
papers  relating  to  the  consulate  shall  be  kept  separate. 

Article  VII. 

In  the  event  of  the  death,  incapacity  or  absence  of  Consuls-General, 
Consuls,  Vice-Consuls  and  Consular  Agents,  their  chancellors  or 
secretaries,  whose  official  character  may  have  previously  been  made 
known  to  the  Department  of  State  at  Washington,  or  to  the  Minister 
for  Foreign  Affairs  in  Belgium,  may  temporarily  exercise  their  func- 
tions, and  while  thus  acting  they  shall  enjoy  all  the  rights,  preroga- 
tives and  immunities  granted  to  the  incumbents. 

Article  VIII. 

Consuls-General  and  Consuls  may,  with  the  approbation  of  their 
respective  Governments,  appoint  Vice-Consuls  and  Consular  Agents 
in  the  cities,  ports  and  places  within  their  consular  jurisdiction. 
These  officers  may  be  citizens  of  the  United  States,  of  Belgium,  or 
other  foreigners.  They  shall  be  furnished  with  a commission  by  the 
Consul  who  appoints  them,  and  under  whose  orders  they  are  to  act. 
They  shall  enjoy  the  privileges  stipulated  for  consular  officers  in  this 
convention,  subject  to  the  exceptions  specified  in  Articles  III.  and  IV. 

Article  IX. 

Consuls-General,  Consuls,  Vice-Consuls  and  Consular  Agents  may 
complain  to  the  authorities  of  the  respective  ccuntries,  whether  fed- 
eral or  local,  judicial  or  local,  judicial  or  executive,  within  their  con-  ' 
sular  district,  of  any  infraction  of  the  treaties  and  conventions 
between  the  United  States  and  Belgium,  or  for  the  purpose  of  pro- 
tecting the  rights  and  interests  of  their  countrymen.  If  the  com- 
plaint should  not  be  satisfactorily  redressed,  the  consular  officers 
aforesaid,  in  the  absence  of  a diplomatic  agent  of  their  country,  may 
apply  directly  to  the  Government  of  the  country  where  they  reside. 


84 


TREATIES,  CONVE^’TTONS,  BTC. 


Article  X. 

Consiils-General,  Consuls,  Vice-Consuls  and  Consular  Agents  may 
take  at  their  offices,  at  the  residence  of  the  i^arties,  at  their  private 
residence,  or  on  board  ship,  the  depositions  of  the  captains  and  crews 
of  vessels  of  their  own  country,  of  passengers  on  board  of  them,  and 
of  any  other  citizen  of  their  nation.  They  may  also  I’eceive  at  their 
offices,  conformably  to  the  laAvs  and  regulations  of  their  country,  all 
contracts  betiveen  the  citizens  of  their  country  and  the  citizens  or 
other  inhabitants  of  the  country  where  they  reside,  and  eA'en  all 
contracts  betAveen  the  latter,  provided  they  relate  to  property  sit- 
uated or  to  business  to  be  transacted  in  the  territory  of  the  nation 
to  Avhich  said  consular  officer  may  belong.  Copies  of  such  papers  and 
official  documents  of  eA^ery  kind,  Avhether  in  the  original,  copies  or 
translation  duly  authenticated  and  legalized  by  the  Consuls-General, 
Consuls,  Vice-Consuls  and  Consular  Agents,  and  sealed  Avith  their 
official  seal,  shall  he  receiA’ed  as  legal  documents  in  courts  of  justice 
throughout  theTJnited  States  and  Belgium. 

Article  XI. 

Consuls-General,  Consuls,  Vice-Consuls  and  Consular  Agents  shall 
haA^e  exclusive  charge  of  the  internal  order  of  the  merchant  vessels  of 
their  nation,  and  shall  alone  take  cognizance  of  differences  Avhich  may 
arise,  either  at  sea  or  in  jiort,  betAveen  the  captains,  officers  and  creAA’s, 
Avithout  exception,  particularly  in  reference  to  the  adjustment  of 
Avages  and  the  execution  of  contracts.  Xeither  the  federal,  state  or 
municipal  authorities  or  courts  in  the  United  States,  nor  any  court 
or  authority  in  Belgium  shall,  on  any  pretext,  interfere  in  these 
differences. 

Article  XII 

The  respective  Consuls-General,  Consuls,  Vice-Consuls  and  Con- 
sular Agents  may  arrest  the  officers,  sailors  and  all  other  persons 
making  part  of  the  creAv  of  ships  of  Avar  or  merchant  A’essels  of  their 
nation  who  may  be  guilty,  or  be  accused  of  haA'ing  deserted  said  ships 
and  A^essels,  for  the  purpose  of  sending  them  on  board  or  back  to  their 
country.  To  that  end  the  consuls  of  the  United  States  in  Belgium 
may  apply  to  any  of  the  competent  authorities;  and  the  consuls  of 
Belgium  in  the  United  States  may  apply  in  writing  to  either  the 
federal,  state  or  municipal  courts  or  authorities,  and  make  a request 
in  Avriting  for  the  deserters,  supporting  it  by  the  exhibition  of  the 
register  of  the  A’essel  and  list  of  the  creAv,  or  by  other  official  docu- 
ments, to  show  that  the  persons  claimed  belong  to  the  said  crew. 

Upon  such  request  alone,  thus  supiiorted,  and  without  the  exaction 
of  any  oath  from  the  consular  officers,  the  deserters,  not  being  citi- 
zens of  the  country  Avhere  the  demand  is  made  at  the  time  of  their 
shipping,  shall  be  giA’en  up.  All  the  necessary  aid  and  protection 
shall  be  furnished  for  the  search,  pursuit,  seizure,  and  arrest  of  the 
deserters,  Avho  shall  even  be  put  and  kept  in  the  prisons  of  the  coun- 
try, at  the  request  and  expense  of  the  consular  officers,  until  there 
may  be  an  op]iortunity  for  sending  them  away.  If,  lioweA^er,  such 
an  opi^ortunity  should  not  present  itself  Avithin  the  space  of  three 


BELGIUM 1868. 


85 


months,  counting  from  the  day  of  the  arrest,  the  deserter  shall  be 
set  at  liberty,  nor  shall  he  be  again  arrested  for  the  same  cause. 

Article  XIII. 

In  the  absence  of  an  agreement  to  the  contrary  between  the  owners, 
freighters  and  insurers,  all  damages  suffered  at  sea  by  the  vessels  of 
the  two  countries,  whether  they  enter  port  voluntarily  or  are  forced 
by  stress  of  weather,  shall  be  settled  by  the  Consuls  General,  Con- 
suls, A^ice-Consuls  and  Consular  Agents  of  the  respective  countries 
where  they  reside.  If,  however,  any  inhabitant  of  the  country  or 
citizen  or  subject  of  a third  power  shall  be  interested  in  the  matter, 
and  the  parties  cannot  agree,  the  competent  local  authorities  shall 
decide. 

Article  XIV. 

All  proceedings  relative  to  the  salvage  of  American  vessels  wrecked 
upon  the  coasts  of  Belgium,  and  of  Belgian  vessels  wrecked  upon  the 
coasts  of  the  United  States,  shall  be  directed  by  Consuls-General, 
Consuls,  and  Vice-Consuls  of  the  two  countries,  respectively,  and,  until 
their  arrival,  by  the  respective  Consular  xVgents,  wherever  an  agenej'^ 
exists.  In  the  places  and  ports  where  an  agency  does  not  exist,  the 
local  authorities,  until  the  arrival  of  the  Consul  in  whose  district  the 
wreck  may  have  occurred,  and  who  shall  immediately  be  informed  of 
the  occurrence,  shall  take  all  necessary  measures  for  the  protection  of 
persons  and  the  preservation  of  property.  The  local  authorities  shall 
not  otherwise  interfere  than  for  the  maintenance  of  order,  the  jorotec- 
tion  of  the  interests  of  the  salvors,  if  they  do  not  belong  to  the  crews 
that  have  been  wrecked,  and  to  carry  into  effect  the  arrangements 
made  for  the  entry  and  exportation  of  the  merchandise  saved.  It 
is  understood  that  such  merchandise  is  not  to  be  subjected  to  any 
custom-house  charges,  unless  it  be  intended  for  consumption  in  the 
country  where  the  wreck  may  have  taken  place. 

Article  XV. 

In  case  of  the  death  of  any  citizen  of  the  United  States  in  Belgium, 
or  of  a citizen  of  Belgium  in  the  United  States  without  having  any 
known  heirs  or  testamentary  executor  by  him  appointed,  the  compe- 
tent local  authorities  shall  inform  the  Consuls  or  Consular  Agents 
of  the  nation  to  which  the  deceased  belongs  of  the  circumstance,  in 
order  that  the  necessary  information  may  be  immediately  forwarded 
to  parties  interested. 

Article  XVI. 

The  present  convention  shall  remain  in  force  for  the  space  of  ten 
years,  counting  from  the  day  of  the  exchange  of  the  ratifications, 
which  shall  be  made  in  conformity  with  the  respective  constitutions 
of  the  two  countries,  and  exchanged  at  Brussels  within  the  period 
of  six  months,  or  sooner  if  possible.  In  case  neither  party  gives 
notice,  twelve  months  after  the  expiration  of  the  said  period  of  ten 
years,  of  its  intention  not  to  renew  this  convention,  it  shall  remain 


86 


TREATIES,  CONVENTIONS,  ETC. 


in  force  one  year  longer,  and  so  on  from  year  to  year,  until  the  ex- 
jiiration  of  a year  from  the  day  on  which  one  of  the  parties  shall  have 
given  such  notice. 

In  faith  whereof  the  respective  PlenijDotentiaries  have  signed  this 
convention,  and  have  hereunto  affixed  their  seals. 

Done  at  Brussels,  in  duplicate,  the  fifth  day  of  December,  eighteen 
hundred  and  sixty-eight. 

[seal.]  H.  S.  Sanford. 

[seal.]  , Jules  Vander  Stichelen. 


Protocol  additional  to  the  C onvention  signed  December  -5,  1868.° 

The  Plenipotentiaries  of  the  President  of  the  United  States  and  of 
His  Majesty  the  King  of  the  Belgians,  foreseeing  that  the  exchange 
of  ratifications  cannot  be  made  within  the  delay  prescribed,  by  rea- 
son of  circumstances  independent  of  the  will  of  the  high  contracting 
parties,  have  met  this  day,  and  have  agreed  to  prolong  the  delay  for 
two  months. 

Done  at  Brussels,  the  1st  of  June,  1869. 

[seal.]  Jules  Vander  Stichelen. 

[seal.]  H.  S.  Sanford. 


1868.'’ 

Additional  Article  to  Treaty  of  July  17, 1858,  Concerning  Trade- 

Marks. 

Concluded  December  20.,  1868;  ratification  advised  by  the  Senate 
April  12.,  1869 ; ratified  by  the  President  April  18,  1869;  ratifica- 
tions exchanged  June  19,  1869;  proclaimed  July  30, 1869. 

Additional  article:  Counterfeiting;  registration,  etc. 

The  President  of  the  United  States  of  America  and  His  Majesty  the 
King  of  the  Belgians,  deeming  it  advisable  that  there  shoukl  be  an 
additional  article  to  the  treaty  of  commerce  and  navigation  between 
them  of  the  17th  July,  1858,  have  for  this  purpose  named  as  their 
Plenipotentiaries,  namely : 

The  President  of  the  United  States,  Henry  Shelton  Sanford,  a 
citizen  of  the  United  States,  their  Minister  Resident  near  His  Majesty 
the  King  of  the  Belgians;  and  His  Majesty  the  King  of  the  Belgians, 
the  Sieur  Jules  Vander  Stichelen,  Grand  Cross  of  the  Order  of  the 
Dutch  Lion,  &c.,  &c.,  &c.,  his  Minister  of  Foreign  Affairs; 

Who,  after  having  communicated  to  each  other  their  full  powers, 
have  agreed  to  and  signed  the  following : 


° The  Senate  of  the  United  States,  by  its  resolution  of  March  2,  1870.  advised 
and  consented  to  the  exchanges  of  ratifications  which  had  previously  been  made. 
® This  treaty  terminated  July  1,  1875. 


BELGIU  M — 1868-1874. 


87 


Additional  Article. 

The  high  contracting  parties,  desiring  to  secure  complete  and  effi- 
cient protection  to  the  manufacturing  industry  of  their  respective 
citizens,  agree  that  any  counterfeiting  in  one  of  the  two  countries  of 
the  trade-marks  affixed  in  the  other  on  merchandise  to  show  its  origin 
and  quality,  shall  be  strictly  prohibited,  and  shall  give  ground  for 
an  action  of  damages  in  favor  of  the  injured  party,  to  be  prosecuted 
in  the  courts  of  the  country  in  which  the  counterfeit  shall  be  proven. 

The  trade-marks  in  which  the  citizens  of  one  of  the  two  countries 
may  wish  to  secure  the  right  of  property  in  the  other,  must  be  lodged, 
to  wit : the  marks  of  citizens  of  the  United  States  at  Brussels,  in  the 
Office  of  the  Clerk  of  the  Tribunal  of  Commerce;  and  the  marks  of 
Belgian  citizens  at  the  Patent  Office  in  Washinglon. 

It  is  understood  that  if  a trade-mark  has  become  public  property  in 
the  country  of  its  origin  it  shall  be  equally  free  to  all  in  the  other 
country. 

This  additional  article  shall  have  the  same  duration  as  the  before 
mentioned  treaty  of  the  17th  of  July,  1858,  to  which  it  is  an  addition. 
The  ratifications  thereof  shall  be  exchanged  in  the  delay  of  six 
months,  or  sooner  if  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  the 
same,  and  affixed  thereto  their  seals. 

Done  at  Brussels,  in  duplicate,  the  20th  of  December,  1868. 

[seal.]  H.  S.  Sanford. 

[seal.]  Jltles  Vander  Stichelen. 


1874.“-® 


Extradition  Convention. 


Concluded  March  19^  187 Jj.;  ratification  advised  hy  the  Senate  March 
27,  1874;  ratifed  hy  the  President  March  31,  1874;  ratif cations 
exchanged  April  30,  1874;  proclaimed  May  1,  1874~ 


Articles. 


I.  Delivery  of  accused. 

II.  Extraditable  crimes. 

III.  Political  offenses. 
lY.  Nondelivery  of  citizens. 


Y.  Deferring  extradition. 
YI.  Procedure. 

YII.  Expenses. 

YIII.  Duration ; ratification. 


The  United  States  of  America  and  His  Majesty  the  King  of  the 
Belgians  having  judged  it  expedient  with  a view  to  the  better  admin- 
istration of  justice,  and  to  the  prevention  of  crimes  within  their 
respective  territories  and  jurisdiction  that  persons  convicted  of,  or 
charged  with,  the  crimes  hereinafter  specified,  and  being  fugitives 
from  justice  should,  under  certain  circumstances,  be  reciprocally  de- 
livered up,  have  resolved  to  conclude  a Convention  for  that  purpose, 

“ This  treaty  was  terminated  November  18,  1882,  on  the  exchange  of  ratifica- 
tions of  the  treaty  of  1882.  * Federal  Cases,  Ex  parte  Van  hauer  (4  Dill,,  411), 

In  re  Stupp  (12  Blatch.,  501),  In  re  Vandervelpen  (14  Blatch.,  137). 


88 


TREATIES,  CONVENTIONS,  ETC. 


:nul  have  appointed  as  their  Plenipotentiaries;  the  President  of  the 
United  States  of  America,  Hamilton  Phsh,  Secretary  of  State  of  the 
United  States;  and  His  Majesty  the  King  of  the  Belgians,  Maurice 
Delfosse,  His  Majesty's  Envoy  Extraordinary  and  Minister  Plenipo- 
tentiary in  the  United  States,  who  after  reciprocal  communication  of 
their  full  powers,  found  in  good  and  due  form,  have  agreed  upon  the 
following  articles,  to  wit : 


Article  I. 

The  Government  of  the  United  States  and  the  Government  of  Bel- 
gium mutually  agree  to  deliver  up  persons,  who  having  been  con- 
victed of,  or  charged  with  any  of  the  crimes  specified  in  the  following 
Article,  committed  within  the  jurisdiction  of  one  of  the  contracting 
parties,  shall  seek  an  asylum,  or  be  found  within  the  territories  of  the 
other:  Provided  that  this  shall  only  be  done  upon  such  evidence  of 
criminality  as  according  to  the  laws  of  the  place  where  the  fugitive 
or  person  so  charged  shall  be  found,  would  justify  his  or  her  appre- 
hension and  commitment  for  trial,  if  the  crime  had  been  there  com- 
mitted. 


Article  II. 

Persons  shall  he  delivered  up  who  shall  have  been  convicted  of  or 
be  charged,  according  to  the  provisions  of  this  Convention,  with  any 
of  the  following  crimes : 

1.  Murder,  comprehending  the  crimes  designated  in  the  Belgian 
penal-code  by  the  terms  of  parricide,  assassination,  poisoning  and 
infanticide. 

2.  The  attempt  to  commit  murder. 

8.  The  crimes  of  rape,  arson,  piracy  and  mutiny  on  board  a ship 
whenever  the  crew  or  part  thereof,  by  fraud  or  violence  against  the 
commander,  have  taken  possession  of  the  vessel.  ' 

4.  The  crime  of  burglary,  defined  to  be  the  act  of  breaking  and 
entering  by  night  into  the  house  of  another  with  the  intent  to  commit 
felony : and  the  crime  of  robbery,  defined  to  be  the  act  of  feloniously 
and  forcibly  taking  from  the  person  of  another,  goods  or  money  by 
violence  or  putting  him  in  fear,  and  the  corresponding  crimes  pun- 
ished by  the  Belgian  laws  under  the  description  of  thefts  committed 
in  an  inhabited  house  by  night,  and  by  breaking  in  by  climbing  or 
forcibly ; and  thefts  committed  with  violence  or  by  means  of  threats. 

5.  The  crime  of  forgery,  by  which  is  understood  the  utterance  of 
forged  papers,  and  also  the  counterfeiting  of  public,  sovereign  or 
government  acts. 

6.  The  fabrication  or  circulation  of  counterfeit  money  either  coin 
or  paper,  or  of  counterfeit  public  bonds,  bank  notes,  obligations  or, 
in  general,  anything  being  a title  or  instrument  of  credit ; the  coun- 
terfeiting of  seals,  dies,  stamps  and  marks  of  state  and  public  admin- 
istrations, and  the  utterance  thereof. 

7.  The  embezzlement  of  public  moneys  committed  within  the  juris- 
diction of  either  party  by  public  officers  or  depositaries. 

8.  Embezzlement  liy  any  person  or  persons,  hired  or  salaried,  to 
the  detriment  of  their  employers  when  the  crime  is  subject  to  punish- 
ment by  the  laws  of  the  place  where  it  was  committed. 


BELGIUM 1874. 


89 


Article  III. 

The  provisions  of  this  treaty  shall  not  apply  to  any  crime  or  of- 
fence of  a political  character  nor  to  any  crime  or  offence  committed 
prior  to  the  date  of  this  treat3L  except  the  crimes  of  murder  and 
arson,  and  the  person  or  persons  delivered  np  for  the  crimes  enumer- 
ated in  the  preceding  article  shall  in  no  case  be  tried  for  any  crime 
committed  previously  to  that  for  which  his  or  their  surrender  is 
asked. 

Article  IV. 

Neither  of  the  contracting  parties  shall  be  bound  to  deliver  up  its 
own  citizens  or  subjects  under  the  stipulations  of  this  Convention. 

Article  V. 

If  the  person  whose  surrender  maj'  be  claimed  pursuant  to  the  stip- 
ulations of  the  present  treaty  shall  have  'been  arrested  for  the  com- 
mission of  offences  in  the  countrv  ivhere  he  has  sought  an  as\dum,  or 
shall  have  been  convicted  thereof,  his  extradition  may  be  deferred 
until  he  shall  have  been  acquitted,  or  have  served  the  term  of  impris- 
onment to  which  he  mai'  have  been  sentenced. 

Article  VI. 

Requisitions  for  the  surrender  of  fugitives  from  justice  shall  be 
made  bj'  the  respective  diplomatic  agents  of  the  contracting  parties, 
or,  in  the  event  of  the  absence  of  these  from  the  country  or  its  seat 
of  government,  they  may  be  made  by  superior  consular  officers. 

If  the  person  whose  extradition  may  be  asked  for  shall  have  been 
convicted  of  a crime,  a copy  of  the  sentence  of  the  court  in  which  he 
may  have  been  convicted,  authenticated  under  its  seal,  and  an  attesta- 
tion of  the  official  character  of  the  judge  bi^  the  proper  executive 
authority,  and  of  the  latter  by  the  Minister  or  Consul  of  the  United 
States  or  of  Belgium,  respectively,  shall  accompany  the  requisition. 
AVhen,  however,  the  fugitive  shall  have  been  merelj^  charged  with 
crime,  a duly  authenticated  copy  of  the  warrant  for  his  arrest  in  the 
country  where  the  crime  may  have  been  committed  and  of  the  deposi- 
tions upon  which  such  warrant  may  have  been  issued,  must  accom- 
pany the  requisition  as  aforesaid.  The  President  of  the  United 
States,  or  the  proper  executive  authority  in  Belgium,  may  then  issue 
a waTrant  for  the  apprehension  of  the  fugitive,  in  order  that  he  may 
be  brought  before  the  proper  judicial  authority  for  examination.  If 
it  should  then  be  decided  that,  according  to  the  law  and  the  evidence, 
the  extradition  is  due  pursuant  to  the  treatiL  the  fugitive  may  be 
given  up  according  to  the  forms  prescribed  in  such  cases. 

Article  VII. 

The  expenses  of  the  arrest,  detention  and  transportation  of  the  per- 
sons claimed  shall  be  paid  by  the  government  in  whose  name  the 
requisition  has  been  made. 


90 


TREATIES,  CONVENTIONS,  ETC. 


Article  VIII. 

This  Convention  shall  take  effect  twenty  days  after  the  day  of  the 
date  of  the  exchange  of  ratifications,  and  shall  continue  in  force 
during  five  years  from  the  day  of  such  exchange ; but  if  neither  pai’ty 
shall  have  given  to  the  other  six  months’  previous  notice  of  its  inten- 
tion to  terminate  the  same,  the  Convention  shall  remain  in  force  five 
3^ears  longer,  and ‘so  on. 

The  present  Convention  shall  be  ratified,  and  the  ratifications  ex- 
changed at  Brussels  so  soon  thereafter  as  possible. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
present  Convention  in  duplicate,  and  have  thereunto  affixed  their 
seals. 

Done  at  the  city  of  Washington,  the  19th  day  of  March,  Anno 
Domini  one  thousand  eight  hundred  and  sevent^’-four. 

[seal.]  _ Hamilton  Fish. 

[seal.]  ' Maurice  Delfosse. 


1875. 


Treaty  of  Commerce  and  Navigation. 

C onclvded  March  8,  1875;  ratification  advised  hy  the  Senate  March 
10, 1876 ; ratified  hy  the  President  March  16, 1875;  ratifications  ex- 
changed, June  11,  1876;  proclaimed  June  29,  1875. 

Articles. 


I.  Freedom  of  commerce  and  navi- 
gation. 

II.  Duties  payable  by  Belgian  ves- 
sels. 

III.  Duties  payable  by  Fnited  States 

vessels. 

IV.  Coasting  trade. 

V.  Import  duties. 

VI.  Export  duties. 

VII.  Premiums,  drawbacks,  etc. 


VIII.  Fisheries  excluded. 

IX.  Nationality  of  vessels. 

X.  Cargoes  for  other  countries. 

XI.  Warehousing. 

XII.  Most  favored  nation  privileges. 

XIII.  Shipwrecks. 

XIV.  Transit  duty. 

XV.  Trademarks. 

XVI.  Duration. 

XVII.  Ratification. 


The  United  States  of  America  on  the  one  part,  and  His  Majesty  the 
King  of  the  Belgians  on  the  other  part,  wishing  to  regulate  in  a for- 
mal manner  their  reciprocal  relations  of  commerce  and  navigation, 
and  further  to  strengthen,  through  the  development  of  their,  interests, 
respectively,  the  bonds  of  friendship  and  good  understanding  so  hap- 
pily established  between  the  Governments  and  people  of  the  two 
countries ; and  desiring  with  this  view  to  conclude,  by  common  agree- 
ment, a treaty  establishing  conditions  equalH  advantageous  to  the 
commerce  and  navigation  of  both  States,  have  to  that  effect  appointed 
as  their  Plenipotentiaries,  namely : the  President  of  the  United 
States,  Hamilton  Fish,  Secretary  of  State  of  the  United  States;  and 
His  Majesty  the  King  of  the  Belgians  Maurice  Delfosse,  Commander 
of  the  Order  of  Leopold,  &c.,  &c.,  his  Envoy  Extraordinary  and  Min- 
ister Plenipotentiary  in  the  United  States;  who,  after  having  com- 


BELGIUM 1875. 


91 


municated  to  each  other  their  full  powers,  ascertained  to  be  in  good 
and  proper  form,  have  agreed  to  and  concluded  the  following  articles: 

Article  I. 

There  shall  be  full  and  entire  freedom  of  commerce  and  navigation 
between  the  inhabitants  of  the  two  countries,  and  the  same  security 
and  protection  which  is  enjoyed  by  the  citizens  or  subjects  of  each 
country  shall  be  guaranteed  on  both  sides.  The  said  inhabitants, 
whether  established  or  temporarily  residing  within  any  ports,  cities 
or  places  whatever  of  the  two  countries,  shall  not,  on  account  of  their 
commerce  or  industry,  pay  any  other  or  higher  duties,  taxes  or  im- 
posts than  those  which  shall  be  levied  on  citizens  or  subjects  of  the 
country  in  which  they  may  be ; and  the  privileges,  immunities  and 
other  favors,  with  regard  to  commerce  or  industry,  enjoyed  by  the 
citizens  or  subjects  of  one  of  the  two  States,  shall  be  common  to  those 
of  the  other. 

Article  II. 

Belgian  vessels,  whether  coming  from  a Belgian  or  a foreign  port, 
.shall  not  pay,  either  on  entering  or  leaving  the  ports  of  the  United 
States,  whatever  may  be  their  destination,  any  other  or  higher  duties 
of  tonnage,  pilotage,  anchorage,  buoys,  light-houses,  clearance,  bro- 
kerage or,  generally,  other  charges,  whatsoever,  than  are  required 
from  vessels  of  the  United  States  in  similar  cases.  This  provision  ex- 
tends, not  only  to  duties  levied  for  the  benefit  of  the  State,  but  also  to 
those  levied  for  the  benefit  of  provinces,  cities,  countries,  districts, 
townships,  corporations  or  any  other  division  or  jurisdiction,  what- 
ever may  be  its  designation. 


Article  III. 

Reciprocally,  vessels  of  the  United  States,  whether  coming  from  a 
port  of  said  States  or  from  a foreign  port,  shall  not  pay,  either  on 
entering  or  leaving  the  ports  of  Belgium,  whatever  may  be  their  des- 
tination, any  other  or  higher  duties  of  tonnage,  pilotage,  anchorage, 
buoys,  light-houses,  clearance,  brokerage  or,  generally,  other  charges 
whatever,  than  are  required  from  Belgian  vessels,  in  similar  cases. 
This  provision  extends  not  only  to  duties  levied  for  the  benefit  of  the 
State,  but  also  to  those  levied  for  the  benefit  of  provinces,  cities,  coun- 
tries, districts,  townships,  corporations  or  any  other  division  or  juris- 
diction, whatever  may  be  its  designation. 

Article  IV. 

As  regards  the  coasting  trade  between  the  ports  of  either  country, 
the  vessels  of  the  two  nations  shall  be  treated  on  both  sides  on  the  same 
footing  with  the  vessels  of  the  most  favored  nations. 

Article  V. 

Objects  of  any  kind  soever  introduced  into  the  ports  of  either  of 
the  two  States  under  the  flag  of  the  other,  whatever  may  be  their 
origin  and  from  what  country  soever  the  importation  thereof  may 


92 


TREATIES,  CONVEXTIOIsS,  ETC. 


have  been  made,  shall  not  pa}^  other  or  higher  entrance  duties,  nor 
shall  be  subjected  to  other  charg'es  or  restrictions  than  they  would 
pay,  or  be  subjected  to,  were  they  imported  under  the  national  flag. 

Article  VI. 

Articles  of  every  description  exported  by  Belgian  vessels,  or  by 
those  of  the  United  States  of  America  from  the  ports  of  either  country 
to  any  country  whatsoever,  shall  be  subjected  to  no  other  duties  or 
formalities  than  such  as  are  required  for  exportation  under  the  flag 
of  the  country  where  the  shipment  is  made. 

Article  VII. 

All  premiums,  drawbacks  or  other  favors  of  like  nature,  which 
may  be  allowed  in  the  States  of  either  of  the  contracting  parties  upon 
goods  imported  or  exported  in  national  vessels,  shall  be  likewise  and 
in  the  same  manner,  allowed  iqion  goods  imported  directly  from  one 
of  the  two  countries  by  its  vessels  into  the  other,  or  exported  from  one 
of  the  two  countries  by  the  vessels  of  the  other  to  any  destination 
whatsoeA^er. 

Article  VIII. 

The  preceding  article  is,  lioweA^er,  not  to  apply  to  the  importation 
of  the  produce  of  the  national  fisheries;  each  of  the  two  parties  re- 
serving to  itself  the  faculty  of  granting  special  privileges  for  the 
importation  of  those  articles  under  its  oavii  flag. 

Article  IX. 

The  high  contracting  parties  agree  to  consider  and  to  treat  as  Bel- 
gian vessels,  and  as  vessels  of  the  United  States,  all  those  which  being 
provided  by  the  competent  authority  with  a passport,  sea-letter,  or 
any  other  sufficient  document,  shall  be  recognized,  conformably  with 
existing  laws,  as  national  A^essels  in  the  country  to  which  they  respec- 
tii^ely  belong. 

Article  X. 

Belgian  vessels  and  those  of  the  United  States  may,  conformably 
with  the  laws  of  the  two  countries,  retain  on  board,  in  the  ports  of 
both,  such  parts  of  their  cargoes  as  may  be  destined  for  a foreign 
country;  and  such  parts  shall  not  be  subjected,  either  while  they 
remain  on  board  or  upon  re-exportation,  to  anA'  charges  whatsoever, 
other  than  those  for  the  preA^ention  of  smuggling. 

Article  XI. 

During  the  period  alloAved  by  the  laws  of  the  two  countries  respec- 
tively for  the  Avarehousing  of  goods,  no  duties,  other  than  those  of 
Avatch  and  storage,  shall  be  levied  upon  articles  brought  from  either 
country  into  the  other  Avhile  awaiting  transit,  re-exportation,  or  entry 
for  consumption.  Such  goods  shall  in  no  case  be  subject  to  higher 
warehouse  charges,  or  to  other  formalities,  than  if  they  had  been  im- 
ported under  the  flag  of  the  country. 


BELGIUM 1875. 


93 


Article  XII. 

In  all  that  relates  to  duties  of  customs  and  navigation,  the  two  high 
contracting  parties  promise,  reciprocally,  not  to  grant  any  favor, 
privilege  or  immunity  to  any  other  State  which  shall  not  instantly 
become  common  to  the  citizens  and  subjects  of  both  parties  respec- 
tively; gratuitously,  if  the  concession  or  favor  to  such  other  State  is 
gratuitous,  and  on  allowing  the  same  compensation,  or  its  equivalent, 
if  the  concession  is  conditional. 

Neither  of  the  contracting  parties  shall  lay  upon  goods  proceeding 
from  the  soil  or  the  industry  of  the  other  party,  which  may  be  im- 
ported into  its  ports,  any  other  or  higher  duties  of  importation  or 
re-exportation  than  are  laid  upon  the  importation  or  re-exportation 
of  similar  goods  coming  from  any  other  foreign  country. 

In  case  either  of  the  high  contracting  parties  shall  announce  to  the 
other  its  desire  to  terminate  this  Article,  the  operation  and  the  obli- 
gation thereof  shall  cease  and  determine  at  the  expiration  of  one  year 
from  the  delivery  of  such  notice,  leaving  however  the  remaining 
articles  of  the  Treaty  in  force  until  terminated  according  to  the  pro- 
visions of  Article  XVI.  hei'einafter. 

Article  XIII. 

In  cases  of  shipwreck,  damages  at  sea,  or  forced  putting  in,  each 
party  shall  afford  to  the  vessels  of  the  other,  whether  belonging  to  the 
State  or  to  individuals,  the  same  assistance  and  protection  and  the 
same  immunities  which  would  have  been  granted  to  its  own  vessels 
in  similar  cases. 

Article  XIV. 

Articles  of  all  kinds,  the  transit  of  which  is  allowed  in  the  United 
States,  coming  from  or  going  to  Belgium,  shall  be  exempt  from  all 
transit  duty  in  the  United  States. 

Keciprocally,  articles  of  all  kinds,  the  transit  of  which  is  allowed 
in  Belgium,  coming  from  or  going  to  the  United  States,  shall  be  ex- 
empt from  all  transit  duty  in  Belgium.  Such  transit,  whether  , in 
the  United  States  or  in  Belgium,  shall  be  subject,  however,  to  such 
limitations  as  to  the  points  between  Avhich  the  transit  may  be  made, 
and  to  such  regulations  for  the  protection  of  the  revenue  and  the 
prevention  of  withdrawal  of  the  articles  for  consumption  or  use 
within  the  country  through  which  the  transit  is  made,  as  are  or 
may  be  prescribed  by  or  undej'  the  authority  of  the  laws  of  the 
countries  respectively. 

Article  XV. 

The  high  contracting  parties,  desiring  to  secure  complete  and  effi- 
cient protection  to  the  manufacturing  industry  of  their  respective 
citizens,  agree  that  any  counterfeiting  in  one  of  the  two  countries  of 
the  trade-marks  affixed  in  the  other  on  merchandise,  to  show  its  origin 
and  quality,  shall  be  strictly  prohibited,  and  shall  give  ground  for 
an  action  of  damages  in  favor  of  the  injured  party,  to  be  prosecuted 
in  the  courts  of  the  country  in  which  the  counterfeit  shall  be  proven. 

The  trade-marks  in  which  the  citizens  of  one  of  the  two  countries 
may  wish  to  secure  the  right  of  property  in  the  other,  must  be  lodged. 


94 


TREATIES,  CONVENTIONS,  ETC. 


to  wit:  the  marks  of  citizens  of  the  United  States,  at  Brussels,  in 
the  office  of  the  Clerk  of  the  Tribunal  of  Commerce;  and  the  marks 
of  Belgian  citizens,  at  the  Patent  Office  in  Washington. 

It  is  understood  that  if  a trade-mark  has  become  public  property 
in  the  country  of  its  origin,  it  shall  be  equally  free  to  all  in  the  other 
country. 

Article  XVI. 

The  present  treaty  shall  be  in  force  during  ten  years  from  the  date 
of  the  exchange  of  the  ratifications,  and  until  the  expiration  of 
twelve  months  after  either  of  the  high  contracting  parties  shall  have 
announced  to  the  other  its  intention  to  terminate  the  operation 
thereof;  each  party  reserving  to  itself  the  right  of  making  such  dec- 
laration to  the  other  at  the  end  of  the  ten  years  above  mentioned: 
and  it  is  agreed  that  after  the  expiration  of  the  twelve  months  of 
prolongation  accorded  on  both  sides,  this  treaty  and  all  its  stipula- 
tions shall  cease  to  be  in  force. 

Article  XVII. 

This  treaty  shall  be  ratified,  and  the  ratifications  shall  be  ex- 
changed at  Brussels  within  the  term  of  nine  months  after  its  date, 
or  sooner  if  possible. 

In  faith  whereof,  the  respective  Plenipotentiaries  have  signed  the 
present  treaty  in  duplicate,  and  have  affixed  thereto  their  seals  al 
Washington,  the  eighth  day  of  March  eighteen  hundred  and  seventy- 
five. 

[seal.]  Hamilton  Fish. 

[seal.]  Mavrice  Deleosse. 


1880.“ 


Consular  Convention. 


Concluded  March  9,  1880;  ratif cation  advised  hy  the  Senate  with 
amendments  June  15,  1880;  ratified  hy  the  President  June  25, 
1880;  time  for  exchange  of  ratifications  extended  hy  the  Senate 
January  5,  1881;  ratif  cations  exchanged  February  25,  1881;  pro- 
claimed March  1,  1881. 

Articles. 


I.  OflBcers  authorized. 

II.  Privileges. 

III.  Exemptions. 

IV.  Testimony  by  consular  officers. 

V.  Arms  and  flags. 

VI.  Inviolability  of  consulates. 

VII.  Acting  officers. 

VIII.  Vice-consuls  and  consular  agents. 


IX.  Applications  to  local  authorities. 

X.  Performance  of  notarial  acts. 

XI.  Authority  as  to  shipping. 

XII.  Deserters  from  ships. 

XIII.  Settlement  of  damages  at  sea. 

XIV.  Shipwreck  proceedings. 

XV.  Estates  of  deceased  persons. 

XVI.  Duration : ratification. 


The  President  of  the  United  States  of  America  and  His  Majesty 
the  King  of  the  Belgians,  being  mutually  desirous  of  defining  the 
rights,  privileges  and  immunities  of  consular  officers  in  the  two  coun- 


“ Wildenhus  Case  (120  V.  S.  Rep..  1). 


BELGIUM — 1880. 


95 


tries,  deem  it  expedient  to  conclude  a consular  convention  for  that 
purpose,  and  have  accordingly  named  as  their  plenipotentiaries : 

The  President  of  the  United  States,  William  Maxwell  Evarts,  Sec- 
retary of  State;  and  His  Majesty  the  King  of  the  Belgians,  Maurice 
Delfosse,  Commander  of  the  Order  of  Leopold,  &c.,  &c.,  his  Envoy 
Extraordinary  and  Minister  Plenipotentiary  in  the  United  States; 
who,  after  having  communicated  to  each  other  their  respective  full 
powers,  found  to  be  in  good  and  proper  form,  have  agreed  upon  the 
following  articles : 

Article  I. 

Each  of  the  high  contracting  parties  agrees  to  receive  from  the 
other,  Consuls-General,  Consuls,  Vice-Consuls  and  Consular  Agents, 
in  all  its  ports,  cities  and  places,  except  those  where  it  may  not  be 
convenient  to  recognize  such  officers.  This  reservation,  however, 
shall  not  apply  to  one  of  the  high  contracting  parties  without  also 
applying  to  every  other  power. 

Article  II. 

The  Consuls-General,  Consuls,  Vice-Consuls  and  Consular  Agents 
of  each  of  the  two  high  contracting  parties  shall  enjoy  reciprocally, 
in  the  States  of  the  other,  all  the  privileges,  exemptions  and  immuni- 
ties that  are  enjoyed  by  officers  of  the  same  rank  and  quality  of  the 
most  favored  nation.  The  said  officers,  before  being  admitted  to 
the  exercise  of  their  functions  and  the  enjoyment  of  the  immunities 
thereto  pertaining,  shall  present  their  commissions  in  the  forms  es- 
tablished in  their  respective  countries.  The  government  of  each  of 
the  two  high  contracting  powers  shall  furnish  them  the  necessary 
exequatur  free  of  charge,  and,  on  the  exhibition  of  this  instrument, 
they  shall  be  permitted  to  enjoy  the  rights,  privileges  and  immunities 
granted  by  this  convention. 

Article  III. 

Consuls-General,  Consuls,  Vice-Consuls  and  Consular  Agents,  citi- 
zens of  the  State  by  which  they  are  appointed,  shall  be  exempt  from 
preliminary  arrest  except  in  the  case  of  offences  which  the  local  legis- 
lation qualifies  as  crimes  and  punishes  as  such ; they  shall  be  exempt 
from  military  billetings,  from  service  in  the  regular  army  or  navy, 
in  the  militia,  or  in  the  national  guard;  they  shall  likewise  be 
exempt  from  all  direct  taxes,  national,  state  or  municipal,  imposed 
upon  persons,  either  in  the  nature  of  capitation  tax  or  in  respect  to 
their  property,  unless  such  taxes  become  due  on  account  of  the  pos- 
session of  real  estate,  or  for  interest  on  capital  invested  in  the  country 
where  the  said  officers  exercise  their  functions.  This  exemption  shall 
not,  however,  apply  to  Consuls-General,  Consuls,  Vice-Consuls  or 
Consular  Agents  engaged  in  any  profession,  business  or  trade,  but  the 
said  officers  shall  in  such  case  be  subject  to  the  payment  of  the  same 
taxes  that  would  be  paid  by  any  other  foreigner  under  the  like  cir- 
cumstances. 

Article  IV. 

WTien  a court  of  one  of  the  two  countries  shall  desire  to  receive  the 
judicial  declaration  or  deposition  of  a Consul-General,  Consul,  Vice- 
Consul  or  Consular  Agent,  who  is  a citizen  of  the  State  which  ap- 


96 


TREATIES,  CONVENTIONS,  ETC. 


pointed  him,  and  who  is  engaged  in  no  commercial  business,  it  shall 
request  him,  in  Avriting.  to  appear  before  it,  and  in  case  of  his  inabil- 
ity to  do  so,  it  shall  request  him  to  give  his  testimony  in  writing,  or 
shall  visit  his  residence  or  office  to  obtain  it  orally. 

It  shall  be  the  duty  of  such  officer  to  comply  with  this  I’equest  with 
as  little  delay  as  possible. 

In  all  criminal  cases,  contemplated  by  the  sixth  article  of  the 
amendments  to  the  Constitution  of  the  United  States,  whereby  the 
right  is  secured  to  persons  charged  with  crimes  to  obtain  witnesses  in 
their  favor,  the  appearance  in  court  of  said  consular  officer  shall  be 
demanded,  with  all  possible  regard  to  the  consular  dignity  and  to  the 
duties  of  his  office.  A similar  treatment  shall  also  be  extended  to  the 
consuls  of  the  United  States  in  Belgium,  in  the  like  cases. 

Article  V. 

Consuls-General,  Consuls,  Vice-Consuls  and  Consular  Agents  may 
place  over  the  outer  door  of  their  offices  the  arms  of  their  nation,  with 
this  inscription:  Considate-Generul,  or  Consulate^  or  Vice-Cgnsulate, 
or  Consular  Agency  of  the  United  States  or  of  Belgium. 

They  may  also  raise  the  flag  of  their  country  on  their  offices,  except 
in  the  capital  of  the  country  when  there  is  a legation  there.  They 
may  in  like  manner,  raise  the  flag  of  their  countr}"  OA’er  the  boat 
employed  by  them  in  the  port  for  the  exercise  of  their  functions. 

Article  VI. 

The  consular  offices  shall  at  all  times  be  inviolable.  The  local  au- 
thorities shall  not,  under  any  pretext,  invade  them.  In  no  case  shall 
they  examine  or  seize  the  papers  there  deposited.  In  no  case  shall 
those  offices  be  used  as  places  of  asylum.  When  a consular  officer  is 
engaged  in  other  business,  the  papers  relating  to  the  consulate  shall 
be  kept  separate. 

Article  VII. 

In  the  event  of  the  death,  incajiacity  or  absence  of  Consuls-General, 
Consuls,  Vice-Consuls  and  Consular  Agents,  their  chancellors  or  sec- 
retaries, Avhose  official  character  may  have  previously  been  made 
knoAvn  to  the  Department  of  State  at  Washington,  or  to  the  ^linistry 
for  Foreign  Aflfairs  in  Belgium,  may  temporarih^  exercise  their  func- 
tions, and  Avhile  thus  acting  they  shall  enjoy  all  the  rights,  preroga- 
tives and  immunities  granted  to  the  incumbents. 

Article  VIII. 

Consuls-General  and  Consuls  may.  so  far  as  the  laws  of  their  coun- 
try alloAY,  Avith  the  approbation  of  their  respective  governments,  ap- 
point vice-consuls  and  consular  agents  in  the  cities,  ports  and  places 
Avithin  their  consular  jurisdiction.  These  agents  may  be  selected 
from  among  citizens  of  the  United  States  or  of  Belgium,  or  those  of 
other  countries.  They  shall  be  furnished  with  a regular  commission, 
and  shall  enjoy  the  privileges  stiimlated  for  consular  officei’s  in  this 
coiiA^ention,  subject  to  the  exceptions "siiecified  in  Articles  III.  and  IV. 


BELGIUM — 1880. 


97 


Article  IX. 

Consnls-General,  Consuls,  Vice-Consuls  and  Consular  Agents,  shall 
have  the  right  to  address  the  administrative  and  judicial  authorities, 
whether  in  the  United  States,  of  the  Union,  the  States  or  the  munici- 
palities, or  in  Belgium,  of  the  State,  the  province  or  the  commune, 
throughout  the  whole  extent  of  their  consular  jurisdiction,  in  order 
to  complain  of  any  infraction  of  the  treaties  and  conventions  between 
the  United  States  and  Belgium,  and  for  the  purpose  of  protecting  the 
rights  and  interests  of  their  countrymen.  If  the  complaint  should  not 
be  satisfactorily  redressed,  the  consular  officers  afoi*esaid,  in  the  ab- 
sence of  a diplomatic  agent  of  their  country,  may  apply  directly  to 
the  government  of  the  country  where  they  exercise  their  functions. 

Article  X. 

Consuls-General,  Consuls,  Vice-Consuls  and  Consular  Agents  may 
take  at  their  offices,  at  their  private  residence,  at  the  residence  of  the 
parties,  or  on  board  ship,  the  depositions  of  the  captains  and  crews 
of  vessels  of  their  own  country,  of  passengers  on  board  of  them,  and 
of  any  other  citizen  of  their  nation.  They  may  also  receive  at  their 
offices,  conformably  to  the  laws  and  regulations  of  their  country,  all 
contracts  between  the  citizens  of  their  country  and  the  citizens  or 
other  inhabitants  of  the  country  where  they  reside,  and  even  all  con- 
tracts between  the  latter,  provided  they  relate  to  property  situated 
or  to  business  to  be  transacted  in  the  territory  of  the  nation  to  which 
the  said  consular  officer  may  belong. 

Such  papers  and  official  documents  of  every  kind,  whether  in  the 
original,  in  copies,  or  in  translation,  duly  authenticated  and  legalized 
by  the  Consiils-General,  Consuls,  Vice-Consuls  and  Consular  Agents, 
and  sealed  with  their  official  seal,  shall  be  received  as  legal  documents 
in  courts  of  justice  throughout  the  United  States  and  Belgium. 

Article  XI. 

The  respective  Consuls-General,  Consuls,  Vice-Consuls  and  Con- 
sular Agents  shall  have  exclusive  charge  of  the  internal  order  of  the 
merchant  vessels  of  their  nation,  and  shall  alone  take  cognizance  of  all 
differences  which  may  arise,  either  at  sea  or  in  port,  between  the  cap- 
tains, officers  and  crews,  without  exception,  particularly  in  reference  to 
the  adjustment  of  wages  and  the  execution  of  contracts.  The  local 
authorities  .shall  not  interfere  except  when  the  disorder  that  has 
arisen  is  of  such  a nature  as  to  disturb  tranquillity  and  public  order 
on  shore,  or  in  the  port,  or  when  a person  of  the  country  or  not  belong- 
ing to  the  crew  shall  be  concerned  therein. 

In  all  other  cases,  the  aforesaid  authorities  shall  confine  themselves 
to  lending  aid  to  the  Consuls  and  Vice-Consuls  or  Consular  Agents,  if 
they  are  requested  by  them  to  do  so,  in  causing  the  arrest  and  im- 
prisonment of  any  person  whose  name  is  inscribed  on  the  crew-list, 
whenever,  for  any  cause,  the  said  officers  shall  think  proper. 

24449— VOL  1—10 7 


98 


TREATIES,  CONVENTIONS,  ETC. 


Article  XII. 

The  respective  Consiils-General,  Consuls,  Vice-Consuls  and  Con- 
sular Agents  may  cause  to  be  arrested  the  officers,  sailors,  and  all  other 
persons  making  part  of  the  crews,  in  any  manner  whatever,  of  ships 
of  w^ar  or  merchant  vessels  of  their  nation,  who  may  be  guilty,  or  be 
accused,  of  having  deserted  said  ships  and  vessels,  for  the  purpose  of 
sending  them  on  board  or  back  to  their  country.  To  this  end  they 
shall  address  the  competent  local  authorities  of  the  respective  coun- 
tries, in  writing,  and  shall  make  to  them  a written  request  for  the 
deserters,  supporting  it  by  the  exhibition  of  the  register  of  the  vessel 
and  list  of  the  crew,  or  by  other  official  documents,  to  show  that  the 
persons  claimed  belong  to  the  said  ship’s  company. 

Upon  such  request  alone  thus  supported,  the  delivery  to  them  of  the 
deserters  cannot  be  refused,  unless  it  should  be  duly  proved  that  they 
were  citizens  of  the  country  where  their  extradition  is  demanded  at 
the  time  of  their  being  inscribed  on  the  crew-list.  All  the  necessary 
aid  and  protection  shall  be  furnished  for  the  pursuit,  seizure  and  ar- 
rest of  the  deserters,  who  shall  even  be  put  and  kept  in  the  prisons 
of  the  country,  at  the  request  and  expense  of  the  consular  officers 
until  there  may  be  an  opportunity  for  sending  them  away.  If.  how- 
ever, such  an  opportunity  should  not  present  itself  within  the  space 
of  three  months,  counting  from  the  day  of  the  arrest,  the  deserters 
shall  be  set  at  liberty,  nor  shall  they  be  again  arrested  for  the  same 
cause. 

If  the  deserter  has  committed  any  misdemeanor,  and  the  court  hav- 
ing the  right  to  take  cognizance  of  the  offence  shall  claim  and  exercise 
it,  the  delivery  of  the  deserter  shall  be  deferred  until  the  decision  of 
the  court  has  been  pronounced  and  executed. 

Article  XIII. 

In  the  absence  of  an  agreement  to  the  contrary  between  the  owners, 
freighters  and  insurers,  all  damages  suffered  at  sea  by  the  vessels  of 
the  two  countries,  whether  they  enter  jiort  voluntaril}^  or  are  forced 
by  stress  of  weather,  shall  be  settled  by  the  Oonsuls-General,  Con- 
suls, Vice-Consuls  and  Consular  Agents  of  the  respective  countries. 
If,  however,  any  inhabitant  of  the  country  or  citizen  or  subject  of  a 
third  jiower,  shall  be  interested  in  the  matter,  and  the  parties  cannot 
agree,  the  competent  local  authorities  shall  decide. 

Article  XIV. 

All  proceedings  relative  to  the  salvage  of  vessels  of  the  United 
States  wrecked  upon  the  coasts  of  Belgium,  and  of  Belgian  vessels 
wrecked  upon  the  coasts  of  the  United  States,  shall  be  directed  by 
the  Consuls-General,  Consuls  and  Vice-Consuls  of  the  two  countries 
respectively,  and  until  their  arrival,  by  the  respective  consular  agents, 
wherever  an  agency  exists.  In  the  places  and  ports  where  an  agency 
does  not  exist,  the  local  authorities,  until  the  arrival  of  the  consul  in 
whose  district  the  wreck  may  have  occurred,  and  who  shall  be  imme- 
diately informed  of  the  occurrence,  shall  take  all  necessary  measures 


BELGIUM — 1880. 


99 


for  the  protection  of  persons  and  the  preservation  of  wrecked 
property. 

The  local  authorities  shall  not  otherwise  interfere  than  for  the 
maintenance  of  order,  the  protection  of  the  interests  of  the  salvors  if 
these  do  not  belong  to  the  crews  that  have  been  wrecked  and  to  carry 
into  effect  the  arrangements  made  for  the  entry  and  exportation  of 
the  merchandise  saved. 

It  is  understood  that  such  merchandise  is  not  to  be  subjected  to  any 
custom-house  charges,  unless  it  be  intended  for  consumption  in  the 
country  where  the  wreck  may  have  taken  place. 

The  intervention  of  the  local  authorities  in  these  different  cases 
shall  occasion  no  expense  of  any  kind,  except  such  as  may  be  caused 
by  the  operations  of  salvage  and  the  preservation  of  the  goods  saved, 
together  with  such  as  would  be  incurred  under  similar  circumstances 
by  vessels  of  the  nation. 

Article  XV. 

In  case  of  the  death  of  any  citizen  of  the  United  States  in  Belgium, 
or  of  a citizen  of  Belgium  in  the  United  States,  without  having  any 
known  heirs  or  testamentary  executor  by  him  appointed,  the  compe- 
tent local  authorities  shall  give  information  of  the  circumstance  to 
the  consuls  or  consular  agents  of  the  nation  to  which  the  deceased 
belongs,  in  order  that  the  necessary  information  may  be  immediately 
forwarded  to  parties  interested. 

Consuls-General,  Consuls,  Vice-Consuls  and  Consular  Agents  shall 
have  the  right  to  appear,  personally  or  by  delegate,  in  all  proceed- 
ings on  behalf  of  the  absent  or  minor  heirs,  or  creditors,  until  they 
are  duly  represented. 


Article  XVI. 

The  present  convention  shall  remain  in  force  for  the  space  of  ten 
years,  counting  from  the  day  of  the  exchange  of  the  ratifications, 
which  shall  be  made  in  conformity  with  the  respective  constitutions 
of  the  two  countries,  and  exchanged  at  Washington  as  soon  as  possible 
within  the  period  of  six  months.  In  case  neither  party  gives  notice, 
twelve  months  before  the  expiration  of  the  said  period  of  ten  years, 
of  its  intention  not  to  renew  this  convention,  it  shall  remain  in  force 
one  year  longer,  and  so  on  from  year  to  year,  until  the  expiration  of  a 
a year  from  the  day  on  which  one  of  the  parties  shall  have  given 
such  notice. 

In  faith  whereof,  the  respective  Plenipotentiaries  have  signed  this 
convention,  and  have  hereunto  affixed  their  seals. 

Done  at  Washington,  in  duplicate,  the  ninth  of  March,  one  thou- 
sand eight  hundred  and  eighty. 

[seal.] 

[seal.] 


William  Maxwell  Evarts. 
Maurice  Delfosse. 


100 


TREATIES,  CONVENTIONS,  ETC. 


1883.“ 

Extradition  Convention. 


Concluded  June  IB^  1882;  rati-fication  advised  hy  the  Senate  August 
8,  1882;  ratified  hy  the  President  November  16^  1882;  ratifications 
exchanged  November  18,  1882;  proclaimed  November  20,  1882. 

Articles. 


I.  Delivery  of  accused. 

II.  Extraditable  crimes. 

III.  Offense  for  which  to  be  tried. 

IV.  Political  offenses. 

V.  Nondelivery  of  citizens. 

VI.  Deferring  extradition. 


VII.  Procedure. 

VIII.  Expenses. 

IX.  liiinitations. 

X.  Articles  in  possession  of  accused. 

XI.  Duration ; ratification. 


The  United  States  of  America  and  his  Majesty  the  King  of  the 
Belgians,  having  judged  it  expedient  with  a view  to  the  better  ad- 
ministration of  justice  and  the  prevention  of  crime  within  their  re- 
spective territories  and  jurisdictions,  that  persons  charged  with  or 
convicted  of  the  crimes  and  offences  hereinafter  enumerated,  and 
being  fugitives  from  justice,  should,  under  certain  circumstances,  be 
reciprocally  delivered  up,  have  resolved  to  conclude  a new  Convention 
for  that  purpose,  and  have  appointed,  as  their  Plenipotentiaries : the 
President  of  the  United  States,  Frederick  T.  Frelinghuysen,  Secre- 
tary of  State  of  the  United  States;  and  His  Majesty  the  King  of  the 
Belgians,  Mr.  Theodore  de  Bounder  de  Melsbroeck,  Commander  of 
His  Order  of  Leopold,  etc.,  etc..  His  Envoy  Extraordinary  and 
Minister  Plenipotentiary  near  the  Government  of  the  United  States; 
who,  after  having  communicated  to  each  other  their  respective  full 
powers  found  in  good  and  due  form,  have  agreed  upon  and  con- 
cluded the  following  articles: 


Article  I. 

The  Government  of  the  United  States  and  the  Government  of 
Belgium,  mutually  agree  to  deliver  up  jiersons  who,  having  been 
charged,  as  principals  or  accessories,  with  or  convicted  of  any  of  the 
crimes  and  offences  specified  in  the  following  article,  committed 
within  the  jurisdiction  of  one  of  the  contracting  parties,  shall  seek 
an  asylum,  or  be  found  within  the  territories  of  the  other : Provided 
that  this  shall  only  be  done  upon  such  evidence  of  criminality  as, 
according  to  the  laws  of  the  place  where  the  fugitive  or  person  so 
charged  shall  be  found,  Avould  justify  his  or  her  apprehension  and 
commitment  for  trial  if  the  crime  had  been  there  committed. 


Article  II. 

Persons  shall  be  delivered  up  who  shall  have  been  convicted  of  or 
be  charged,  according  to  the  provisions  of  this  convention,  with  any 
of  the  following  crimes: 

1.  Murder,  comprehending  the  crimes  designated  in  the  Belgian 
penal  code  by  the  terms  of  parricide,  assassination,  poisoning  and 
infanticide. 


“ This  treaty  was  terminated  June  14,  1902,  on  the  exchange  of  ratifications 
of  the  treaty  of  1901. 


BELGIUM 1882. 


101 


2.  The  attem{)t  to  commit  murder. 

3.  Eape,  or  attempt  to  commit  rape.  Bigamy.  Abortion. 

4.  Arson. 

5.  Piracy  or  mutiny  on  shipboard  whenever  the  crew,  or  part 

thereof,  shall  have  taken  possession  of  the  vessel  by  fraud  or  by  vio- 
lence against  the  commander.  • 

6.  The  crime  of  burglary,  defined  to  be  the  act  of  breaking  and 
entering  by  night  into  the  house  of  another  with  the  intent  to  com- 
mit felony ; and  the  crime  of  robbery,  defined  to  be  the  act  of  feloni- 
ously and  forcibly  taking  from  the  person  of  another  money  or  goods 
by  violence  or  putting  him  in  fear;  and  the  corresponding  crimes 
punished  by  the  Belgian  laws  under  the  description  of  thefts  com- 
mitted in  an  inhabited  house  by  night,  and  by  breaking  in  by  climb- 
ing or  forcibly,  and  thefts  committed  with  violence  or  by  means  of 
threats. 

7.  The  crime  of  forgery,  by  which  is  understood  the  utterance  of 
forged  papers,  and  also  the  counterfeiting  of  public,  sovereign  or 
governmental  acts. 

8.  The  fabrication  or  circulation  of  counterfeit  money,  either  coin 
or  paper,  or  of  counterfeit  public  bonds,  coupons  of  the  public  debt, 
bank-notes,  obligations,  or  in  general,  anything  being  a title  or  instru- 
ment of  credit ; the  counterfeiting  of  seals  and  dies,  impressions, 
stamps  and  marks  of  state  and  public  administrations,  and  the  utter- 
ance thereof. 

9.  The  embezzlement  of  public  moneys  committed  within  the  juris- 
diction of  either  party  by  public  officers  or  depositaries. 

10.  Embezzlement  by  any  person  or  persons,  hired  or  salaried,  to 
the  detriment  of  their  employers,  when  the  crime  is  subject  to  pun- 
ishment by  the  laws  of  the  place  where  it  was  committed. 

11.  Wilful  and  unlawful  destruction  or  obstruction  of  railroads 
which  endangers  human  life. 

12.  Reception  of  articles  obtained  by  means  of  one  of  the  crimes  or 
offences  provided  for  by  the  present  convention. 

Extradition  may  also  be  granted  for  the  attempt  to  commit  any  of 
the  crimes  above  enumerated  when  such  attempt  is  punishable  by  the 
laws  of  both  contracting  parties. 

Article  III. 

A person  surrendered  under  this  conviction,  shall  not  be  tried  or 
punished  in  the  country  to  which  his  extradition  has  been  granted, 
nor  given  up  to  a third  power  for  a crime  or  offence,  not  provided 
for  by  the  present  convention  and  committed  previously  to  his  extra- 
dition, until  he  shall  have  been  allowed  one  month  to  leave  the  coun- 
try after  having  been  discharged ; and,  if  he  shall  have  been  tried  and 
condemned  to  punishment,  he  shall  be  allowed  one  month  after  hav- 
ing suffered  his  penalty  or  having  been  pardoned. 

He  shall  moreover  not  be  tried  or  punished  for  any  crime  or  offence 
provided  for  by  this  convention  committed  previous  to  his  extra- 
dition, other  than  that  which  gave  rise  to  the  extradition,  without 
the  consent  of  the  Government  which  surrendered  him,  which  may, 
if  it  think  proper,  require  the  production  of  one  of  the  documents 
mentioned  in  Article  7 of  this  convention. 


102 


TREATIES,  CONVENTIOKS,  ETC. 


The  consent  of  that  Government  shall  likewise  be  required  for  the 
extradition  of  the  accused  to  a third  counti\y ; nevertheless  such  con- 
sent shall  not  be  necessary  when  the  accused  shall  have  asked  of  his 
own  accord  to  be  tried  or  to  undergo  his  punishment,  or  when  he 
shall  not  have  left  within  the  space  of  time  above  specified  the  terri- 
tory of  the  country  to  whi(^i  he  has  been  surrendered. 

Article  IV. 

The  provisions  of  this  convention  shall.not  be  applicable  to  persons 
guilty  of  any  political  crime  or  offence  or  of  one  connected  with  such 
a crime  or  offence.  A person  who  has  been  surrendered  on  account 
of  one  of  the  common  crimes  or  offences  mentioned  in  Article  II., 
shall  consequently  in  no  case  be  prosecuted  and  punished  in  the  state 
to  which  his  extradition  has  been  granted  on  account  of  a political 
crime  or  offence  committed  by  him  previously  to  his  extradition  or 
on  account  of  an  act  connected  with  such  a political  crime  or  offence, 
unless  he  has  been  at  liberty  to  leave  the  country  for  one  month  after 
having  been  tried  and,  in  case  of  condemnation,  for  one  month  after 
having  suffered  his  punishment  or  having  been  pardoned. 

An  attempt  against  the  life  of  the  head  of  a foreign  government, 
or  against  that  of  any  member  of  his  family  when  such  attempt  com- 
prises the  act  either  of  murder  or  assassination,  or  of  poisoning,  shall 
not  be  considered  a political  offence  or  an  act  connected  with  such  an 
offence. 

Article  V. 

Neither  of  the  contracting  parties  shall  be  bound  to  deliver  up  its 
own  citizens  or  subjects  under  the  stipulations  of  this  convention. 

Article  VI. 

If  the  person  whose  surrender  may  be  claimed  pursuant  to  the 
stipulations  of  the  present  treaty  shall  have  been  arrested  for  the 
commission  of  offences  in  the  country  where  he  has  sought  an  asylum, 
or  shall  have  been  convicted  thereof,  his  extradition  may  be  deferred 
until  he  shall  have  been  acquitted,  or  have  served  the  term  of  impris- 
onment to  which  he  may  have  been  sentenced. 

Article  VII. 

Requisitions  for  the  surrender  of  fugitives  from  justice  shall  be 
made  by  the  respective  diplomatic  agents  of  the  contracting  parties, 
or,  in  the  event  of  the  absence  of  these  from  the  country  or  its  seat  of 
government,  they  may  be  made  by  superior  consular  officers. 

If  the  person  whose  extradition  may  be  asked  for  shall  have  been 
convicted  of  a crime  or  offence,  a copy  of  the  sentence  of  the  court  in 
which  he  may  have  been  convicted,  authenticated  under  its  seal,  and 
attestation  of  the  official  character  of  the  judge  by  the  proper  execu- 
tive authority,  and  of  the  latter  by  the  minister  or  consul  of  the 
United  States  or  of  Belgium,  respectively,  shall  accompany  the  requi- 
sition. When,  however,  the  fugitii'e  shall  have  been  merely  charged 
with  crime,  a duly  authenticated  copy  of  the  warrant  for  his  arrest  in 


BELGIUM 1882. 


103 


the  country  where  the  crime  may  have  been  committed,  and  of  the 
depositions  upon  which  such  warrant  may  have  been  issued,  must 
accompany  the  requisition  as  aforesaid. 

The  President  of  the  United  States,  or  the  proper  executive  author- 
ity in  Belgium,  may  then  issue  a warrant  for  the  apprehension  of  the 
fugitive,  in  order  that  he  may  be  brought  before  the  proper  judicial 
authority  for  examination.  If  it  should  then  be  decided  that,  ac- 
cording to  the  law  and  the  evidence,  the  extradition  is  due  pursuant 
to  the  treaty,  the  fugitive  may  be  given  up  according  to  the  forms 
prescribed  in  such  cases. 

Article  lUII. 

The  expenses  of  the  arrest,  detention  and  transportation  of  the 
persons  claimed  shall  be  paid  by  the  government  in  whose  name  the 
requisition  has  been  made. 


Article  IX. 

Extradition  shall  not  be  granted,  in  pursuance  of  the  provisions  of 
this  convention,  if  legal  proceedings  or  the  enforcement  of  the  pen- 
alty for  the  act  committed  by  the  person  claimed,  has  become  barred 
by  limitation,  according  to  the  laws  of  the  country  to  which  the 
requisition  is  addressed. 


Article  X. 

All  articles  found  in  the  possession  of  the  accused  party  and  ob- 
tained through  the  commission  of  the  act  with  which  he  is  charged, 
or  that  may  be  used  as  evidence  of  the  crime  for  which  his  extradi- 
tion is  demanded,  shall  be  seized  if  the  competent  authority  shall  so 
order,  and  shall  be  surrendered  with  his  person. 

The  rights  of  third  parties  to  the  articles  so  found  shall  neverthe- 
less be  respected. 

Article  XI. 

The  present  convention  shall  take  effect  thirty  days  after  the  ex- 
change of  ratifications. 

After  it  shall  have  taken  effect,  the  convention  of  March  19,  1874, 
shall  cease  to  be  in  force  and  shall  be  superseded  by  the  present  con- 
vention which  shall  continue  to  have  binding  force  for  six  months 
after  a desire  for  its  termination  shall  have  been  expressed  in  due 
form  by  one  of  the  two  governments  to  the  other. 

It  shall  be  ratified  and  its  ratifications  shall  be  exchanged  at  Wash- 
ington as  soon  as  possible. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
the  above  articles,  both  in  the  English  and  French  languages,  and 
they  have  thereunto  affixed  their  seals. 

Done  in  duplicate,  at  the  city  of  Washington,  this  thirteenth  day  of 
June,  1882. 

[seal.]  Fredk.  T.  Frelinghuysen. 

[seal.]  Thre.  de  Bounder  de  Melsbroeck. 


104  TREATIES,  CONVENTIONS,  ETC. 

1884. 

Trade-Mark  Convention. 

Concluded  Afril  7, 188 J^;  ratification  advised  hy  the  Senate  June  12, 
1881^;  ratified  hy  the  President  Jidy  7, 1881^;  ratifications  exchanged 
July  7,  188 'proclaimed  July  9,  1884. 

Articles. 

I.  Mutual  protection.  I III.  Duration ; ratification. 

II.  Requirements.  | 

The  President  of  the  United  States  of  America  and  His  Majesty 
the  King  of  the  Belgians,  being  desirous  of  securing  reciprocal  pro- 
tection for  the  trade-marks  and  trade-labels  of  their  respective  citi- 
zens or  subjects  within  the  dominions  or  territories  of  the  other  coun- 
try, have  resolved  to  conclude  a Convention  for  that  purpose,  and 
have  appointed  as  their  plenipotentiaries:  The  President  of  the 
United  States,  Frederick  T.  Frelinghuysen,  Secretary  of  State  of 
the  United  States;  and  His  Majesty  the  King  of  the  Belgians,  Theo- 
dore de  Bounder  de  Melsbroeck,  Commander  of  His  Order  of  Leo- 
pold, His  Majesty’s  Envoy  Extraordinary  and  Minister  Plenipoten- 
tiary in  the  United  States;  who,  after  reciprocal  communication  of 
their  full  powers,  found  in  good  and  due  form,  have  agreed  upon 
the  following  articles,  to  wit : 


Article  I. 

Citizens  of  the  United  States  in  Belgium  and  Belgian  citizens  in 
the  United  States  of  America  shall  enjoy,  as  regards  trade-marks 
and  trade-labels,  the  same  protection  as  native  citizens,  without 
prejudice  to  any  privilege  or  advantage  that  is  or  may  hereafter  be 
granted  to  the  citizens  of  the  most  favored  nation. 

Article  II. 

In  order  to  secure  to  their  marks  the  protection  provided  for  by 
the  foregoing  article,  the  citizens  of  each  one  of  the  contracting 
parties  shall  be  required  to  fulfil  the  law  and  regulations  of  the  other. 

Article  III. 

The  present  arrangement  shall  take  effect,  on  the  day  of  its  official 
publication,  and  shall  remain  in  force  until  the  expiration  of  the 
twelve  months  following  the  notice,  given  by  either  of  the  contract- 
ing parties,  of  its  desire  for  the  cessation  of  its  effects. 

The  ratifications  of  this  Convention  shall  be  exchanged  at  Wash- 
ington as  soon  as  possible  within  one  37^ear  from  this  date. 

In  testimony  whereof  the  respective  Plenipotentiaries  have  signed 
this  Convention  in  duplicate,  in  the  English  and  French  languages, 
and  affixed  thereto  the  seals  of  their  arms. 


BELGIUM — 1884-1891. 


105 


Done  at  Washington  the  seventh  day  of  April,  in  the  year  of  our 
Lord,  one  thousand  eight  hundred  and  eighty-four. 

[seal.]  Fredk.  T,  Frelinghuysen. 

[seal.]  Thre.  de  Bounder  de  Melsbroeck. 


1891. 

Copyright. 


BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 
A PROCLAMATION. 


Whereas  it  is  provided  by  section  13  of  the  act  of  Congress  of 
March  3,  1891,  entitled  “An  Act  to  amend  title  sixty,  chapter  three, 
of  the  Revised  Statutes  of  the  United  States,  relating  to  copyrights,” 
that  said  act  “ shall  only  apply^  to  a citizen  or  subject  of  a foreign 
state  or  nation  when  such  foreign  state  or  nation  permits  to  citizens 
of  the  United  States  of  America  the  benefit  of  copyright  on  sub- 
stantially the  same  basis  as  its  own  citizens;  or  when  such  foreign 
state  or  nation  is  a party  to  an  international  agreement  which  pro- 
vides for  reciprocity  in  the  granting  of  copyright,  by  the  terms  of 
which  agreement  the  United  States  of  America  may,  at  its  pleasure, 
become  a party  to  such  agreement : ” 

And  whereas  it  is  also  provided  by  said  section  that  “ the  existence 
of  either  of  the  conditions  aforesaid  shall  be  determined  by  the  Presi- 
dent of  the  United  States  by  proclamation  made  from  time  to  time 
as  the  purposes  of  this  act  may  require 

And  whereas  satisfactory  official  assurances  have  been  given  that 
in  Belgium,  France,  Great  Britain  and  the  British  possessions,  and 
Switzerland,  the  law  permits  to  citizens  of  the  United  States  the 
benefit  of  copyright  on  substantially  the  same  basis  as  to  the  citizens 
of  those  countries: 

Now,  therefore,  I,  Benjamin  Harrison,  President  of  the  United 
States  of  America,  do  declare  and  proclaim  that  the  first  of  the  con- 
ditions specified  in  section  13  of  the  act  of  March  3,  1891,  is  now 
fulfilled  in  respect  to  the  citizens  or  subjects  of  Belgium,  France, 
Great  Britain,  and  Switzerland. 

In  testimony  whereof,  I have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington,  this  first  day  of  July,  one 
thousand  eight  hundred  and  ninety-one,  and  of  the  Inde- 
[SEAL.]  pendence  of  the  United  States  the  one  hundred  and 
fifteenth. 


By  the  President: 

William  F.  Wharton, 

Acting  Secretary  of  State. 


Benj.  Harrison. 


106 


TREATIES,  CONVENTIONS,  ETC. 


1901. 

Extradition  Convention. 

Concluded  October  36,  1901 ; ^^ati-fication  advised  by  Senate  January 
30,  1903;  ratified  by  President  June  13,  1903;  ratifications  ex- 
changed June  III;  1903;  'proclaimed  June  ll,  1903. 


Articles. 


I.  Delivery  of  accused. 

II.  Extraditable  crimes. 

III.  Offense  for  which  to  be  tried; 

third  countries. 

IV.  Political  offenses. 

V.  Nondelivery  of  citizens. 


VI.  Deferring  extradition. 

VII.  Procedure. 

VIII.  Expenses. 

IX.  Limitations. 

X.  Articies  in  pos.session  of  accused. 

XI.  Ratification ; duration. 


The  United  States  of  America  and  His  Majesty  the  King  of  the 
Belgians,  having  judged  it  expedient  with  a view  to  the  better  admin- 
istration of  justice  and  the  prevention  of  crime  within  their  respective 
territories  and  jurisdictions  that  persons  charged  with  or  convicted 
of  the  crimes  and  offences  hereinafter  enumerated,  and  being  fugi- 
tives from  justice,  should,  under  certain  circumstances,  be  recipro- 
cally delivered  up,  have  resolved  to  conclude  a new  Convention  for 
that  purpose  and  have  appointed  as  their  Plenipotentiaries ; 

The  President  of  the  United  States  John  Hay,  Secretary  of  State 
of  the  United  States;  and 

His  Majesty  the  King  of  the  Belgians,  Mr.  Charles  C. 

lYauters,  Charge  d’Affaires  ad  interim  of  Belgium  near  the  Govern- 
ment of  the  United  States; 

Who,  after  having  communicated  to  each  other  their  respective 
^ full  powers,  found  in  good  and  due  form,  have  agreed  upon  and  con- 
cluded the  following  articles: 


Article  I. 

The  Government  of  the  United  States  and  the  Government  of 
Belgium  mutually  agree  to  deliver  up  persons  who,  having  been 
charged,  as  principals  or  accessories,  with  or  convicted  of  any  of  the 
crimes  and  offences  specified  in  the  following  article  committed 
within  the  jurisdiction  of  one  of  the  contracting  parties,  shall  seek  an 
asylum  or  be  found  within  the  territories  of  the  other:  Provided, 
that  this  shall  only  be  done  upon  such  evidence  of  criminality  as, 
according  to  the  laws  of  the  place  where  the  fugitive  or  person  so 
charged  shall  be  found,  would  justify  his  or  her  apprehension  and 
commitment  for  trial  if  the  crime  had  been  there  committed. 

Article  II. 

Persons  shall  be  delivered  up  who  shall  have  been  convicted  of  or 
be  charged,  according  to  the  provisions  of  this  convention,  with  any 
of  the  following  crimes: 

1.  Murder,  comprehending  the  crimes  designated  in  the  Belgian 
penal  code  by  the  terms  of  parricide,  assassination,  poisoning  and 
infanticide. 

2.  The  attempt  to  commit  murder. 


BELGIUM 1901. 


107 


3.  Eape,  or  attempt  to  commit  rape.  Bigamy.  Abortion. 

4.  Arson. 

6.  Piracy,  or  mutiny  on  shipboard  whenever  the  crew,  or  part 
thereof,  shall  have  taken  possession  of  the  vessel  by  fraud  or  by  vio- 
lence against  the  commander. 

6.  Larceny;  the  crime  of  burglary,  defined  to  be  the  act  of  break- 
ing and  entering  by  night  into  the  house  of  another  with  the  intent 
to  commit  felony ; and  the  crime  of  robbery,  defined  to  be  the  act  of 
feloniously  and  forcibly  taking  from  the  person  of  another  money  or 
goods  by  violence  or  putting  him  in  fear;  and  the  corresponding- 
crimes  punished  by  the  Belgian  laws  under  the  description  of  thefts 
committed  in  an  inhaliited  house  by  night,  and  by  breaking  in  by 
climbing  or  forcibly,  and  thefts  committed  with  violence  or  by  means 
of  threats. 

7.  The  crime  of  forgery,  by  which  is  understood  the  utterance  of 
forged  papers,  and  also  the  counterfeiting  of  public,  sovereign,  or 
governmental  acts. 

8.  The  fabrication  or  circulation  of  counterfeit  money  either  coin 
or  paper,  or  of  counterfeit  public  bonds,  coupons  of  the  public  debt, 
bank  notes,  obligations,  or  in  general  anything  being  a -title  or  instru- 
ment of  credit ; the  counterfeiting  of  seals  and  dies,  impressions, 
stamps,  and  marks  of  State  and  imblic  administrations,  and  the  utter- 
ance thereof. 

9.  The  embezzlement  of  public  moneys  committed  within  the  juris- 
diction of  either  party  by  public  officers  or  depositaries. 

10.  Embezzlement  by  any  person  or  persons  hired  or  salaried  to  the 
detriment  of  their  employers,  when  the  crime  is  subject  to  punish- 
ment by  the  laws  of  the  place  where  it  was  committed,  and  the  amount 
of  money  or  the  value  of  the  property  embezzled  is  not  less  than  two 
hundred  dollars  or  one  thousand  francs. 

11.  AVilful  and  unlawful  destruction  or  obstruction  of  railroads 
which  endangers  human  life. 

12.  Obtaining  money,  valuable  securities  or  other  property  by  false 
pretences,  w-hen  such  act  is  made  criminal  by  the  laws  of  both  coun- 
tries and  the  amount  of  money  or  the  value  of  the  property  fraudu- 
lently obtained  is  not  less  than  two  hundred  dollars  or  one  thousand 
francs. 

13.  Kidnapping  of  minors. 

14.  Reception  of  articles  obtained  by  means  of  one  of  the  crimes  or 
offences  provided  for  by  the  present  convention. 

Extradition  may  also  be  granted  for  the  attempt  to  commit  any  of 
the  crimes  above  enumerated  when  such  attempt  is  punishable  by  the 
laws  of  both  contracting  parties. 

Article  III. 

A person  surrendered  under  this  convention  shall  not  be  tried  or 
punished  in  the  country  to  which  his  extradition  has  been  granted, 
nor  given  up  to  a third  power  for  a crime  or  offence,  not  provided  for 
by  the  present  convention  and  committed  previously  to  his  extradi- 
tion, until  he  shall  have  been  allowed  one  month  to  leave  the  country 
after  having  been  discharged ; and,  if  he  shall  have  been  tried  and 
condemned  to  punishment,  he  shall  be  allowed  one  month  after  hav- 
ing suffered  his  penalty  or  having  been  pardoned. 


108 


TREATIES,  CONVENTIONS,  ETC. 


He  shall  moreover  not  be  tried  or  punished  for  any  crime  or  offence 
provided  for  by  this  convention  committed  previous  to  his  extradi- 
tion, other  than  that  which  gave  rise  to  the  extradition,  without  the 
consent  of  the  Government  which  surrendered  him,  which  may,  if  it 
think  proper,  require  the  production  of  one  of  the  documents  men- 
tioned in  Article  VII  of  this  convention. 

The  consent  of  that  Government  shall  likewise  be  required  for  the 
extradition  of  the  accused  to  a third  country ; nevertheless,  such  con- 
sent shall  not  be  necessary  when  the  accused  shall  have  asked  of  his 
own  accord  to  be  tried  or  to  undergo  his  punishment,  or  when  he  shall 
not  have  left  within  the  space  of  time  above  specified  the  territory  of 
the  country  to  which  he  has  been  surrendered. 

Article  IV. 

The  provisions  of  this  convention  shall  not  be  applicable  to  persons 
guilty  of  any  political  crime  or  offence  or  of  one  connected  with  such 
a crime  or  offence.  A person  who  has  been  surrendered  on  account 
of  one  of  the  common  crimes  or  offences  mentioned  in  Article  II  shall 
consequently  in  no  case  be  prosecuted  and  punished  in  the  State  to 
which  his  extradition  has  been  granted  on  account  of  a political  crime 
or  offence  committed  by  him  previously  to  his  extradition  or  on  ac- 
count of  an  act  connected  with  such  a political  crime  or  offence,  unless 
he  has  been  at  liberty  to  leave  the  country  for  one  month  after  having 
been  tried  and,  in  case  of  condemnation,  for  one  month  after  having 
suffered  his  punishment  or  having  been  pardoned. 

An  attempt  against  the  life  of  the  head  of  a foreign  government  or 
against  that  of  any  member  of  his  family  when  such  attempt  com- 
prises the  act  either  of  murder  or  assassination,  or  of  poisoning,  shall 
not  be  considered  a political  offence  or  an  act  connected  with  such  an 
offence. 

Article  V. 

Neither  of  the  contracting  parties  shall  be  bound  to  deliver  up  its 
own  citizens  or  subjects  under  the  stipulations  of  this  convention. 

Article  VI. 

If  the  person  whose  surrender  may  be  claimed  pursuant  to  the  stip- 
ulations of  the  present  treaty  shall  have  been  arrested  for  the  com- 
mission of  offences  in  the  country  where  he  has  sought  an  asylum,  or 
shall  have  been  convicted  thereof,  his  extradition  may  be  deferred 
until  he  shall  have  been  acquitted  or  have  served  the  term  of  imprison- 
ment to  Avhich  he  may  have  been  sentenced. 

Article  VII. 

Requisitions  for  the  surrender  of  fugitives  from  justice  shall  be 
made  by  the  respective  diplomatic  agents  of  the  contracting  parties, 
or,  in  tiie  event  of  the  absence  of  these  from  the  country  or  its  seat 
of  government,  they  may  be  made  by  superior  consular  officers. 

If  the  person  whose  extradition  may  be  asked  for  shall  have  been 
convicted  of  a crime  or  oflfence,  a copy  of  the  sentence  of  the  court  in 
which  he  may  have  been  convicted  authenticated  under  its  seal,  and 


BELGIUM 1901. 


109 


attestation  of  the  official  character  of  the  judge  by  the  proper  execu- 
tive authority,  and  of  the  latter  by  the  minister  or  consul  of  the 
tJnited  States  or  of  Belgium,  respectively,  shall  accompany  the 
requisition.  IVhen,  however,  the  fugitive  shall  have  been  merely 
charged  with  crime,  a duly  authenticated  copy  of  the  warrant  for  his 
arrest  in  the  country  where  the  crime  may  have  been  committed,  and 
of  the  depositions  upon  which  such  warrant  may  have  been  issued, 
must  accompany  the  requisition  as  aforesaid. 

It  shall  be  lawful  for  any  competent  judicial  authority  of  the 
United  States,  upon  production  of  a certificate  issued  by  the  Secre- 
tary of  State  stating  that  a request  has  been  made  by  the  Government 
of  Belgium  for  the  provisional  arrest  of  a person  convicted  or  ac- 
cused of  the  commission  therein  of  a crime  or  offence  extraditable 
under  the  provisions  of  this  convention,  and  upon  complaint  duly 
made  that  such  crime  or  offence  has  been  so  committed,  to  issue  his 
warrant  for  the  apprehension  of  such  person.  But  if  the  demand  for 
surrender,  with  the  formal  proofs  hereinbefore  mentioned,  be  not 
made  as  aforesaid  by  the  diplomatic  agent  of  the  demanding  govern- 
ment, or,  in  his  absence,  by  the  competent  consular  officer,  within 
forty  days  from  the  date  of  the  commitment  of  the  fugitive,  the  pris- 
oner shall  be  discharged  from  custody. 

And  the  Government  of  Belgium  will,  upon  request  of  the  Govern- 
ment of  the  United  States,  transmitted  through  the  diplomatic  agent 
of  the  United  States,  or,  in  his  absence,  through  the  competent  con- 
sular officer,  secure  in  conformity  with  law  the  provisional  arrest  of 
persons  convicted  or  accused  of  the  commission  therein  of  crimes  or 
offences  extraditable  under  this  convention.  But  if  the  demand  for 
surrender,  with  the  formal  proofs  hereinbefore  mentioned,  be  not 
made  as  aforesaid  by  the  diplomatic  agent  of  the  demanding  govern- 
ment, or,  in  his  absence,  by  the  competent  consular  officer,  within 
forty  days  from  the  date  of  the  commitment  of  the  fugitive,  the  pris- 
oner shall  be  discharged  from  custody. 

Article  VIII. 

The  expenses  of  the  arrest,  detention,  examination  and  delivery  of 
fugitives  under  this  convention  shall  be  borne  by  the  State  in  whose 
name  the  extradition  is  sought ; Provided,  that  the  demanding  gov- 
ernment shall  not  be  compelled  to  bear  any  expense  for  the  services  of 
such  officers  of  the  government  from  which  extradition  is  sought  as 
receive  a fixed  salary ; and  provided  that  the  charge  for  the  services 
of  such  public  officials  as  receive  only  fees  shall  not  exceed  the  fees  to 
which  such  officials  are  entitled  under  the  laws  of  the  country  for 
services  rendered  in  ordinary  criminal  proceedings. 

Article  IX. 

Extraditions  shall  not  be  granted,  in  pursuance  of  the  provisions 
of  this  convention,  if  legal  proceedings  or  the  enforcement  of  the  pen- 
alty for  the  act  committed  by  the  person  claimed  has  become  barred 
by  limitation,  according  to  the  laws  of  the  country  to  which  the  requi- 
sition is  addressed. 


110 


TREATIES,  CONVENTIONS,  ETC. 


Article  X. 

All  articles  found  in  the  possession  of  the  accused  party  and  ob- 
tained through  the  commission  of  the  act  with  which  he  is  charged, 
or  that  may  be  used  as  evidence  of  the  crime  for  which  his  extradi- 
tion is  demanded,  shall  be  seized  if  the  competent  authority  shall  so 
order,  and  shall  be  surrendered  with  his  person. 

The  rights  of  third  parties  to  the  articles  so  found  shall  neverthe- 
less be  respected. 

Article  XI. 

The  present  convention  shall  take  effect  thirty  days  after  the 
exchange  of  ratifications. 

After  it  shall  have  taken  effect,  the  convention  of  June  13,  1882, 
shall  cease  to  be  in  force  and  shall  be  superseded  by  the  present  con- 
vention which  shall  continue  to  have  binding  force  for  six  months 
after  a desire  for  its  termination  shall  have  been  expressed  in  due 
form  by  one  of  the  two  governments  to  the  other. 

It  shall  be  ratified  and  its  ratification  shall  be  exchanged  at  Wash- 
ington as  soon  as  possible. 

In  witness  whereof,  the  respective  plenipotentiaries  have  signed 
the  above  articles . both  in  the  English  and  French  languages,  and 
they  have  hereunto  affixed  their  seals. 

Done,  in  duplicate,  at  the  City  of  Washington  this  26  day  of  Octo- 
ber 1901. 

John  Hav  [seal.] 
Wauters.  [seal.] 


DECLARATION 

The  Senate  of  the  United  States,  by  its  resolution  of  January  30, 
1902,  having  given  its  advice  and  consent  to  the  ratification  of  the 
extradition  treaty  between  the  United  States  and  Belgium,  signed  at 
AVashington  on  October  26,  1901,  with  the  following  amendment : 

In  Article  II  insert  after  the  word  “committed”  the  following: 
“ and  the  amount  of  money  or  the  value  of  the  property  embezzled  is 
not  less  than  two  hundred  dollars  or  one  thousand  francs,”  and  the 
said  amendment  being  acceptable  to  the  Government  of  Belgium,  the 
undersigned  Plenipotentiaries  before  proceeding  with  the  exchange 
of  ratifications  of  the  said  treaty,  and  being  duly  authorized,  have 
agreed  to  the  following: 

Extradition  may  not  be  granted  for  the  offenses  enumerated  in 
paragraph  10,  Article  II,  or  the  said  treaty  unless  “the  amount  of 
money  or  the  value  of  the  property  embezzled  is  not  less  than  two 
hundred  dollars  or  one  thousand  francs.” 

The  present  declaration  shall  have  the  same  force  and  duration  as 
the  Extradition  Treaty  of  which  it  forms  an  integral  part. 

Done  in  duplicate  at  Washington,  the  sixth  day  of  June,  1902. 

John  Hay 

Secretary  of  State  of  the  United  States  of  America. 


BELGIUM — 1905. 


Ill 


1905. 

Protection  of  Trade-Marks  in  China. 

Agreement  effected  hy  exchange  of  notes  November  ^7,  1905. 

November  27,  1905. 

Mr.  Charge  d’affaires  and  dear  Colleague:  The  Government 
of  the  United  States  being  desirous  of  reaching  an  understanding 
with  the  Government  of  Belgium  for  the  reciprocal  protection  against 
infringement  in  China  by  citizens  of  our  respective  nations  of  trade 
marks  duly  registered  in  the  United  States  and  Belgium,  I am  author- 
ized by  the  Secretary  of  State  of  the  United  States  to  inform  you 
that  efectual  provision  exists  in  American  Consular  Courts  in  China 
for  the  trial  and  punishment  of  all  persons  subject  to  the  jurisdiction 
of  the  United  States  who  may  be  charged  with  and  found  guilty  of 
infringing  in  any  way  trade  marks  of  persons  subject  to  the  jurisdic- 
tion of  Belgium  which  have  been  duly  registered  in  the  United  States. 

I beg  that  you  will  kindly  inform  me  whether  American  citizens 
are  entitled  to  the  same  legal  remedies  in  the  Consular  Courts  of 
Belgium  in  China  as  regards  the  protection  from  infringement  of 
their  trade  marks  duly  registered  in  Belgium. 

I have  the  honor  to  be,  my  dear  Colleague,  Your  obedient  servant, 

W.  W.  Rockhill. 

Mr.  DE  Prelle  de  la  Nieppe, 

etc..,  etc..,  etc. 


[Translation.] 

November  27,  1905. 

Mr.  Minister  : I have  had  the  honor  of  receiving  Your  Excellency’s 
note  of  this  date  regarding  the  mutual  protection  of  Belgian  and 
American  trade  marks  in  China. 

It  is  stated  in  this  communication  that  the  Government  of  the 
United  States  of  America  has  given  such  instructions  to  the  American 
Consular  Courts  as  are  sufficient  to  insure  the  legal  protection  of 
trade  marks  the  property  of  Belgian  subjects  which  have  been  duly 
registered  in  the  United  States. 

While  acknowledging  to  Your  Excellency  the  receipt  of  this  com- 
munication I have  the  honor  to  inform  you  that  the  Royal  Govern- 
ment in  like  manner  guarantees  in  the  Chinese  Empire  the  protection 
of  American  trade  marks  duly  registered  in  Belgium,  if  counterfeited 
by  Belgian  subjects. 

The  Royal  Legation  and  the  Consulates,  Vice-Consulates  and  Con- 
sular Agencies  in  China  ai’e  competent  to  take  cognizance  of  actions 
brought  before  them  in  the  matter. 

I have  informed  our  Consular  representatives  in  China  of  the  agree- 
ment arrived  at  between  Belgium  and  the  United  States  of  America 
which  is  set  forth  by  this  interchange  of  correspondence  between  us. 

I avail  myself  of  this  occasion  to  present  to  Your  Excellency  the 
assurance  of  my  high  esteem. 

Edm.  de  Prelle. 

His  Excellency  W.  W.  Rockhill, 

etc..,  etc..,  etc. 


112 


TREATIES,  CONVENTIONS,  ETC. 


Peking,  January  32,  1906. 

Mr.  Minister  and  dear  Colleague:  In  connection  with  the  notes 
which  I had  the  honor  to  exchange  with  Your  Excellency  on  Novem- 
ber 27,  1905,  looking  to  the  reciprocal  protection  from  infringement 
by  our  respective  nationals  in  China  of  trade  marks  belonging  to 
them  I duly  transmitted  copies  of  the  same  to  my  Government. 

In  reply  the  Secretary  of  State  has  called  to  my  attention,  as  pos- 
sibly misleading,  the  use  made  in  my  note  to  you  of  the  word  “ pun- 
ishment ” by  our  Consular  Courts  in  China  of  American  citizens  who 
may  have  infringed  in  China  trade  marks  the  property  of  persons 
under  the  jurisdiction  of  Belgium. 

In  view  of  the  fact  that  there  is  no  statute  in  the  United  States 
making  the  infringement,  counterfeiting,  etc.  of  a trade  mark  a 
criminal  offense,  and  that  effectual  provision  exists  by  a civil  action 
for  damages  by  the  owner  of  a trade  mark,  my  Government  is  of  the 
opinion  that  the  word  “ punishment  ” should  be  understood  to  refer 
to  a civil  action  only,  and  not  to  a criminal  procedure,  as  might  be 
inferred  from  the  use  of  the  word  in  question  without  the  present 
explanation  added  thereto. 

I beg  leave  to  'call  Your  Excellency’s  attention  to  the  above  pro- 
vision of  our  law,  so  that  nothing  in  my  note  of  November  27,  last, 
may  be  construed  as  conflicting  therewith. 

I avail  myself  of  this  opportunity  to  renew  to  Your  Excellency  the 
assurances  of  my  highest  consideration. 

AY.  AAk  Rockhill. 

To  His  Excellency 

Edmond  de  Prelle  de  la  Nieppe, 

etc.,  etc.,  etc. 


BOLIVIA. 

(Bolivia  and  Peru;  also  Peru-Bolivia.  Page  1375.) 

1858. 

Treaty  of  Peace,  Friendship,  Commerce,  and  Navigation. 

Concluded  May  13^  1858;  ratification  advised  with  amendments  hy 
the  Senate  June  26,  I860;'  amendments  proposed  hy  Constituent 
Assembly  of  Bolivia  consented  to  hy  the  Senate  and  time  for  ex- 
change of  ratifications  extended  February  3,  1862;  ratified  hy  the 
President  February  17,  1862;  ratifications  exchanged  November  9, 
1862;  proclaimed  January  8, 1863. 

Articles. 


I.  Mutual  amltj’. 

II.  Most  favored  nation  clause. 

III.  Freedom  of  trade;  coasting 

trade;  travel. 

IV.  Tonnage  charges. 

V.  Nationality  of  Bolivian  ships. 

VI.  Import  and  export  duties. 

VII.  Liberty  to  trade. 

VIII.  Steam  vessels  in  Bolivia. 

IX.  Asylum  of  ports,  etc. 

X.  Assistance  to  shipwrecks. 

XI.  Captures  by  pirates. 

XII.  Property  of  decedents. 

XIII.  Protection  to  citizens. 

XIV.  Religious  freedom. 

XV.  Freedom  of  navigation. 

XVI.  Neutral  rights ; free  ships,  free 
goods. 

XVII.  Contraband  of  war. 

XVIII.  Commerce  permitted  in  case  of 
war. 

XIX.  Delivery  of  contraband  articles. 

XX.  Blockade. 


XXI.  Visitation  and  search. 

XXII.  Proof  of  nationality  in  case 
of  war. 

XXIII.  Vessels  under  convoy. 

XXIV.  Adjudication  of  prizes. 

XXV.  Letters  of  marque  forbidden. 

XXVI.  Navigation  of  the  Amazon 
and  I.a  Plata. 

XXVII.  Tributaries  of  the  Amazon 
and  La  Plata. 

XXVIII.  Rights  of  citizens  in  case  of 
war. 

XXIX.  Confiscation  forbidden. 

XXX.  Privileges  to  diplomatic  and 
consular  officers. 

XXXI.  Consular  officers  authorized. 

XXXII.  Exequaturs. 

XXXIII.  Consular  exemptions. 

XXXIV.  Deserters  from  ships. 

XXXV.  Agreement  for  consular  con- 
vention. 

XXXVI.  Duration ; effect,  etc.,  of 
treaty;  ratification. 


The  United  States  of  America  and  the  Eepublic  of  Bolivia,  desir- 
ing to  make  lasting  and  firm  the  friendship  and  good  understanding 
which  happily  prevail  between  both  nations,  have  resolved  to  fix, 
in  a manner  clear,  distinct  and  positive,  the  rules  which  shall  in 
future  be  religiously  observed  between  the  one  and  the  other,  by 
means  of  a treaty  of  friendship,  commerce  and  navigation. 

For  this  most  desirable  object  the  President  of  the  United  States  of 
America  has  conferred  full  powers  on  John  W.  Dana,  a citizen  of 
the  said  States,  and  their  Minister  Resident  to  the  said  Republic; 
and  the  President  of  the  Republic  of  Bolivia  on  the  citizen  Lucas 
Mendosa  de  la  Tapia,  Secretary  of  State  in  the  Department  of 
Exterior  Relations  and  Public  Instruction ; 


24449— VOL  1—10 8 


113 


114 


TREATIES,  CONVENTIONS,  ETC. 


Who,  after  having  exchanged  their  said  full  powers  in  due  and 
proper  form,  have  agreed  to  the  following  articles : 

Article  I. 

There  shall  be  a perfect,  firm  and  inviolable  peace  and  sincere 
friendship  between  the  United  States  of  America  and  the  Republic 
of  Bolivia,  in  all  the  extent  of  their  possessions  and  territories,  and 
between  their  people  and  citizens  respectively,  without  distinction  of 
persons  or  places. 

Article  II. 

If  either  party  shall  hereafter  grant  to  any  other  nation,  its  citi- 
zens or  subjects,  any  particular  favor  in  navigation  or  commerce, 
it  shall  immediately  become  common  to  the  other  party,  freely  when 
freely  granted  to  such  other  nation,  or  on  yielding  the  same  compen- 
sation when  the  grant  is  conditional. 


EXPLANATION.^' 


[As  in  said  article  it  is  stipulated  that  any  special  favor  in  navigation  and 
trade  granted  by  one  of  the  contracting  parties  to  any  other  nation,  extends 
and  is  common  to  the  other  party  forthwith,  it  is  declared  that,  in  what  pertains 
to  the  navigation  of  rivers,  this  treaty  shall  only  apply  to  concessions  which 
the  Government  may  authorize  for  navigating  fluvial  streams  which  do  not 
present  obstructions ; that  is  to  say,  those  whose  navigation  may  be  naturally 
plain  and  current  without  there  having  been  need  to  obtain  it  by  the  employ- 
ment of  labor  and  capital ; that  by  consequence  there  remains  reserved  the 
right  of  the  Bolivian  Government  to  grant  privileges  to  any  association  or  com- 
pany, as  well  foreign  as  national,  which  should  undertake  the  navigation  of 
those  rivers  from  which,  in  order  to  succeed,  there  are  difliculties  to  be  over- 
come, such  as  the  clearing  out  of  rapids,  &c.,  &c.] 

Article  III. 

The  United  States  of  America  and  the  Republic  of  Bolivia  mutu- 
ally agree  that  there  shall  be  reciprocal  liberty  of  commerce  and 
navigation  between  their  respective  territories  and  citizens.  The 
citizens  of  either  republic  may  frequent  with  their  vessels  all  the 
coasts,  ports  and  places  of  the  other  where  foreign  commerce  is  per- 
mitted, and  reside  in  all  parts  of  the  territory  of  either,  and  occupy 
dwellings  and  warehouses;  and  everything  belonging  thereto  shall  be 
respected,  and  shall  not  be  subjected  to  any  arbitrary  visits  or  search. 
The  said  citizens  shall  have  full  liberty  to  trade  in  all  parts  of  the 
territory  of  either,  according  to  the  rules  established  by  the  respect- 
ive regulations  of  commerce,  in  all  kinds  of  goods,  merchandise, 
manufactures  and  produce,  not  prohibited  to  all,  and  to  open  retail 
stores  and  shops,  under  the  same  municipal  and  police  regulations  as 
native  citizens;  and  they  shall  not  in  this  respect  be  liable  to  any 
other  or  higher  taxes  or  imposts  than  those  which  are  or  may  be  paid 
by  native  citizens.  No  examinaCion  or  inspection  of  their  books, 
papers,  or  accounts,  shall  be  made  without  the  legal  order  of  a compe- 
tent tribunal  or  judge. 


“Amendment  by  the  Senate  accepted  by  Bolivia. 


BOLIVIA — 1858. 


115 


The  provisions  of  this  treaty  are  not  to  be  understood  as  applying 
to  the  navigation  and  coasting  trade  between  one  port  and  another, 
situated  in  the  territory  of  either  of  the  contracting  parties — the  regu- 
lation of  such  navigation  and  trade  being  reserved  respectively  by 
the  parties  according  to  their  own  separate  laws.  Vessels  of  either 
country  shall,  however,  be  permitted  to  discharge  part  of  their  car- 
goes at  one  port,  open  to  foreign  commerce,  in  the  territories  of  either 
of  the  high  contracting  parties,  paying  only  the  custom-house  duties 
upon  that  portion  of  the  cargo  which  may  be  discharged,  and  to  pro- 
ceed with  the  remainder  of  their  cargo  to  any  other  port  or  ports  of 
the  same  territory,  open  to  foreign  commerce,  without  paying  other 
or  higher  tonnage  duties  or  port  charges  in  such  cases  than  would  be 
paid  by  national  vessels  in  like  circumstances;  and  they  shall  be  per- 
mitted to  load  in  like  manner  at  different  ports  in  the  same  voyage 
outward. 

The  citizens  of  either  country  shall  also  have  the  unrestrained  right 
to  travel  in  any  part  of  the  possessions  of  the  other,  and  shall  in  all 
cases  enjoy  the  same  security  and  protection  as  the  natives  of  the 
country  in  which  they  reside,  on  condition  of  their  submitting  to  the 
laws,  decrees  and  ordinances  there  prevailing.  They  shall  not  be 
called  upon  for  any  forced  loan  or  occasional  contribution,  nor  shall 
they  be  liable  to  any  embargo,  or  to  be  detained  with  their  vessels, 
cargoes,  merchandise,  goods  or  effects,  for  any  military  expedition, 
or  for  any  public  purpose  whatsoever,  without  being  allowed  therefor 
a full  and  sufficient  indemnification,  which  shall  in  all  cases  be  agreed 
upon  and  paid  in  advance. 

Article  IV. 

All  kinds  of  produce,  manufactures  or  merchandise  of  any  foreign 
country  which  can,  from  time  to  time,  be  lawfully  imported  into  the 
Unitecl  States  in  their  own  vessels,  may  be  also  imported  in  vessels 
of  the  Republic  of  Bolivia ; and  no  higher  or  other  duties  upon  the 
tonnage  of  the  vessel  and  her  cargo  shall  be  levied  and  collected, 
whether  the  importation  be  made  in  the  vessels  of  the  one  country  or 
of  the  other ; and  in  like  manner  all  kinds  of  produce,  manufactures 
and  merchandise  of  any  foreign  country  that  can  be,  from  time  to 
time,  lawfully  importecl  into  the  Republic  of  Bolivia  in  its  own  ves- 
sels, whether  in  her  ports  upon  the  Pacific  or  her  ports  upon  the  trib- 
utaries of  the  Amazon  or  La  Plata,  may  be  also  imported  in  vessels 
of  the  United  States ; and  no  higher  or  other  duties  upon  the  tonnage 
of  the  vessel  and  her  cargo  shall  be  levied  or  collected,  whether  the 
importation  be  made  in  vessels  of  the  one  country  or  of  the  other. 
And  they  agree  that  what  may  be  lawfully  exjiorted  or  re-exported 
from  the  one  country  in  its  own  vessels,  to  any  foreign  country,  may, 
in  like  manner,  be  exported  or  re-expoi’ted  in  the  vessels  of  the  other 
country;  and  the  same  bounties,  duties  and  drawbacks  shall  be  al- 
lowed and  collected,  whether  such  exportation  or  re-exportations  be 
made  in  vessels  of  the  United  States  or  of  the  Republic  of  Bolivia. 

In  all  these  respects  the  vessels  and  their  cargoes  of  the  one  country, 
in  the  ports  of  the  other,  shall  also  be  on  an  equal  footing  with  those 
of  the  most  favored  nation.  It  being  further  understood  that  these 
principles  shall  apply  whether  the  vessels  shall  have  cleared  directly 
from  the  ports  of  the  nation  to  which  they  appertain,  or  from  the 
ports  of  any  other  nation. 


116 


TREATIES,  CONVENTIOXS,  ETC. 


Article  V. 

For  the  better  understanding-  of  the  preceding  article,  and  taking 
into  consideration  the  actual  state  of  the  commercial  marine  of  the 
Republic  of  Bolivia,  it  is  stipulated  and  agreed  that  all  vessels  be- 
longing exclusively  to  a citizen  or  citizens  of  said  Republic,  and 
whose  cajjtain  is  also  a citizen  of  the  same,  though  the  construction 
or  the  crew  are  or  may  be  foreign,  shall  be  considered,  for  all  the  ob- 
jects of  this  treaty,  as  a Bolivian  vessel. 

Article  VI. 

No  higher  or  other  duties  shall  be  imj^osed  on  the  importation  into 
the  United  States  of  any  articles,  the  produce  or  manufactures  of 
the  Republic  of  Bolivia,  and  no  higher  or  other  duties  shall  be  im- 
posed on  the  importation  into  the  Republic  of  Bolivia  of  any  articles, 
the  produce  or  manufactures  of  the  United  States,  than  are  or  shall 
be  payable  on  the  like  articles  being  the  produce  or  manufactures  of 
any  other  country ; nor  shall  any  higher  or  other  duties  or  charges 
be  imposed,  in  either  of  the  two  countries,  on  the  exportation  of  any 
articles  to  the  United  States  or  to  the  Republic  of  Bolivia,  respec- 
tively, than  such  as  are  payable  on  the  exportation  of  the  like  articles 
to  any  other  foreign  country ; nor  shall  any  prohibitions  be  imposed  on 
the  exportation  or  importation  of  any  articles  the  produce  or  manu- 
factures of  the  United  States,  or  of  the  Republic  of  Bolivia,  to  or 
from  the  territories  of  the  United  States,  or  to  or  from  the  terri- 
ories  of  the  Republic  of  Bolivia,  which  shall  not  equally  extend  to 
all  other  nations. 


Article  VII. 

It  is  likewise  agreed  that  it  shall  be  wholly  free  for  all  merchants, 
commanders  of  ships,  and  other  citizens  of  either  country,  to  man- 
age themselves  their  own  business,  in  all  the  ports  and  places  sub- 
ject to  the  jurisdiction  of  the  other,  as  well  with  respect  to  the  con- 
signment and  sale  of  their  goods  and  merchandise,  by  wholesale  or 
retail,  as  with  respect  to  the  loading,  unloading  and  sending  off  their 
ships;  they  being  in  all  these  cases  to  be  treated  as  citizens  of  the 
counti\y  in  which  they  reside,  or  at  least  to  be  placed  on  a footing 
with  the  citizens  or  subjects  of  the  most  favored  nation. 

Article  A^III. 

The  Republic  of  Bolivia,  desiring  to  increase  the  intercourse 
between  the  Pacific  ports  by  means  of  steam  navigation,  engages  to 
accord  to  any  citizen  or  citizens  of  the  United  States  who  may  estab- 
lish a line  of  steam-vessels  to  navigate  regularly  between  the  differ- 
ent ports  and  bays  of  the  coasts  of  the  Bolivian  territory,  the  same 
privileges  of  taking  in  and  landing  freight  and  cargo,  entering  the  by- 
ports for  the  purpose  of  receiving  and  landing  passengers  and  their 
baggage  and  money,  carrying  the  jiublic  mails,  establishing  depots 
for  coal,  erecting  the  necessary  machine  and  work  shops  for  repair- 
ing and  refitting  the  steam- vessels,  and  all  other  favors  enjoyed  by 
any  other  association  or  company  whatsoever  of  the  same  character. 


BOLIVIA 1858. 


117 


It  is  furthermore  understood  between  the  two  high  contracting  parties 
that  the  steam-vessels  of  either  shall  not  be  subject,  in  the  ports  of 
the  other  party,  to  any  duties  of  tonnage,  harbor,  or  other  similar 
duties  whatsoever  than  those  that  are  or  may  be  paid  by  any  other 
association  or  company. 

Article  IX. 

inienever  the  citizens  of  either  of  the  contracting  parties  shall 
be  forced  to  seek  refuge  or  asylum  in  the  rivers,  ports  or  dominions 
of  the  other  with  their  vessels,  whether  merchant  or  of  war,  through 
stress  of  weather,  pursuit  of  pirates  or  enemies,  they  shall  be  received 
and  treated  with  humanity,  giving  to  them  all  favor  and  protection 
for  repairing  their  ships  and  placing  themselves  in  a situation  to 
continue  their  voyage  without  obstacles  or  hinderance  of  any  kind. 
And  the  provisions  of  this  article  shall  apply  to  privateers  or  pri- 
vate vessels  of  war  as  well  as  public,  until  the  two  high  contracting 
parties  may  relinquish  the  right  of  that  mode  of  warfare,  in  con- 
sideration of  the  general  relinquishment  of  the  right  of  capture  of 
private  property  upon  the  high  seas. 

Article  X. 

IVlien  any  vessel  belonging  to  the  citizens  of  either  of  the  con- 
tracting parties  shall  be  wrecked,  or  shall  suffer  any  damages  in  the 
.seas,  rivers  or  channels,  within  the  dominions  of  the  other,  there 
shall  be  given  to  them  all  assistance  and  protection,  in  the  same  man- 
ner which  is  usual  and  customary  with  the  vessels  of  the  nation 
where  the  damage  happens,  permitting  them  to  unload  the  said  ves- 
sel, if  necessary,  of  its  merchandise  and  effects,  without  exacting  fojr 
it  any  duty,  impost,  or  contribution  whatever. 

Artict.e  XI. 

All  the  ships,  merchandise,  and  the  effects  belonging  to  the  citizens 
of  one  of  the  contracting  parties,  which  may  be  captured  by  pirates, 
whether  within  the  limits  of  its  jurisdiction  or  on  the  high  seas,  and 
may  be  carried  or  found  in  the  rivers,  roads,  bays,  ports  or  domin- 
ions of  the  other,  shall  be  delivered  up  to  the  owners,  they  proving, 
in  due  form,  their  rights  before  the  competent  tribunals;  it  being 
well  understood  that  the  claim  should  be  made  within  the  term  of 
one  year,  by  the  parties  themselves,  their  attorneys,  or  agents  of 
their  respective  Governments. 

Article  XII. 

The  citizens  of  each  of  the  contracting  parties  shall  have  power  to 
dispose  of  their  personal  goods  within  the  jurisdiction  of  the  other, 
by  sale,  donation,  testament  or  otherwise,  and  their  representatives, 
being  citizens  of  the  other  party,  shall  succeed  to  their  said  personal 
goods,  whether  by  testament  or  ah  intestato^  and  they  may  take  pos- 
session thereof,  either  by  themselves  or  others  acting  for  them,  and 
dispose  of  the  same  at  their  will,  paying  such  duties  only  as  the  in- 
habitants of  the  country  where  such  goods  are,  shall  be  subject  to 
pay  in  like  cases.  And  if,  in  the  case  of  real  estate,  the  said  heirs 


118 


TREATIES,  CONVENTIONS,  ETC. 


would  be  prevented  from  entering  into  the  possession  of  the  inheri- 
tance on  account  of  their  character  of  aliens,  there  shall  be  granted 
to  them  the  longest  period  allowed  by  the  law  to  dispose  of  the  same 
as  they  may  think  proper,  and  to  withdraw  the  proceeds  without 
molestation,  nor  any  other  charges  than  those  which  are  imposed  by 
the  laws  of  the  country. 

Article  XIII. 

Both  the  contracting  parties  promise  and  engage,  formally,  to 
give  their  special  protection  to  the  persons  and  property  of  the  citi- 
zens of  each  other,  of  all  occupations,  who  may  be  in  the  territories 
subject  to  the  jurisdiction  of  the  one  or  the  other,  transient  or  dwell- 
ing therein,  leaving  open  and  free  to  them  the  tribunals  of  justice, 
for  their  judicial  recourse  on  the  same  terms  which  are  usual  and 
customary  with  the  natives  of  the  country ; for  which  they  may  em- 
ploy, in  defense  of  their  rights,  such  advocates,  solicitors,  notaries, 
agents  and  factors  as  they  may  judge  proper,  in  all  their  trials  at 
law ; and  such  citizens  or  agents  shall  have  free  opportunity  to  be 
present  at  the  accusations  and  sentences  of  the  tribunals  in  all  cases 
which  may  concern  them;  and  likewise  at  the  taking  of  all  examina- 
tions and  evidence  which  may  be  exhibited  on  the  said  trials,  in  the 
manner  established  by  the  laws  of  the  country.  If  the  citizens  of 
one  of  the  contracting  parties,  in  the  territory  of  the  other,  engage 
in  internal  political  questions,  they  shall  be  subject  to  the  same  meas- 
ures of  punishment  and  precaution  as  the  citizens  of  the  country 
where  they  reside. 

Article  XIV. 

The  citizens  of  the  two  contracting  parties  shall  enjoy  the  full 
liberty  of  conscience  in  the  countries  subject  to  the  jurisdiction  of 
the  one  or  the  other,  without  being  disturbed  or  molested  on  account 
of  their  religious  opinions,  provided  they  respect  the  laws  and  estab- 
lished customs  of  the  country.  And  the  bodies  of  the  citizens  of 
the  one  who  may  die  in  the  territory  of  the  other  shall  be  interred 
in  the  public  cemeteries,  or  in  other  decent  places  of  burial,  which 
shall  be  protected  from  all  violation  or  insult  bj^  the  local  authorities. 

Article  XV. 

It  shall  be  lawful  for  the  citizens  of  the  United  States  of  America, 
and  of  the  Eepublic  of  Bolivia,  to  sail  with  their  ships,  with  all 
manner  of  liberty  and  security,  no  distinction  being  made  who  are 
the  proprietors  of  the  merchandises  laden  thereon,  from  any  port  to 
the  places  of  those  who  now  are,  or  hereafter  shall  be,  at  enmity  with 
either  of  the  contracting  parties.  It  shall  likewise  be  lawful  for  the 
citizens  aforesaid  to  sail  with  their  shiiis  and  merchandises  before 
mentioned,  and  to  trade  with  the  same  liberty  and  security,  not  only 
from  places  and  ports  of  those  who  are  enemies  of  both  or  either 
party,  to  the  ports  of  the  other,  and  to  neutral  places,  but  also  from 
one  place  belonging  to  an  enemy,  to  another  place  belonging  to  an 
enemy,  whether  they  be  under  the  jurisdiction  of  one  power  or  of 
several. 


BOLIVIA — 1858. 


119 


Article  XVI. 

The  two  high  contracting  parties  recognize  as  permanent  and  im- 
mutable the  following  principles,  to  wit : 

1st.  That  free  ships  make  free  goods ; that  is  to  say,  that  the  effects 
or  goods  belonging  to  subjects  or  citizens  of  a power  or  State  at  war 
are  free  from  capture  or  confiscation  when  found  on  board  of  neutral 
vessels,  with  the  exception  of  articles  contraband  of  war. 

2d.  That  the  property  of  neutrals  on  board  an  enemy’s  vessel  is  not 
subject  to  confiscation,  unless  the  same  be  contraband  of  war. 

The  like  neutrality  shall  be  extended  to  persons  who  are  on  board  a 
neutral  ship  with  this  effect,  that  although  they  may  be  enemies  to 
both  or  either  party,  they  are  not  to  be  taken  out  of  that  ship  unless 
they  are  officers  or  soldiers,  and  in  the  actual  service  of  the  enemies. 
The  contracting  parties  engage  to  apply  these  principles  to  the  com- 
merce and  navigation  of  all  such  powers  and  States  as  shall  consent 
to  adopt  them  as  permanent  and  immutable. 

Article  XVII. 

This  liberty  of  navigation  and  commerce  shall  extend  to  all  kinds 
of  merchandise,  excepting  those  only  which  are  distinguished  by  the 
name  of  contraband  of  war,  and  under  this  name  shall  be  compre- 
hended : 

1st.  Cannons,  mortars,  howitzers,  swivels,  blunderbusses,  muskets, 
fuses,  rifles,  carbines,  pistols,  pikes,  swords,  sabers,  lances,  spears,  hal- 
berds and  granades,  bombs,  powder,  matches,  balls,  and  all  other 
things  belonging  to  the  use  of  these  arms. 

2d.  Bucklers,  helmets,  breastplates,  coats  of  mail,  infantry-belts 
and  clothes  made  up  in  the  form  and  for  a military  use. 

3d.  Cavalry-belts,  and  horses,  with  their  furniture. 

4th.  And,  generally,  all  kinds  of  arms,  offensive  and  defensive,  and 
instruments  of  iron,  steel,  brass  and  copper,  or  any  other  materials 
manufactured,  prepared  and  formed  expressly  to  make  war  by  sea  or 
land. 


Article  XVIII. 

All  other  merchandises  and  things  not  comprehended  in  the  articles 
of  contraband  explicitly  enumerated  and  classified  as  above,  shall  be 
held  and  considered  as  free,  and  subjects  of  free  and  lawful  com- 
merce, so  that  they  may  be  carried  and  transported  in  the  freest 
manner  by  the  citizens  of  both  the  contracting  parties,  even  to  places 
belonging  to  an  enemy,  excepting  only  those  places  which  are  at  that 
time  besieged  or  blockaded;  and  to  avoid  all  doubt  in  this  particular, 
it  is  declared  that  those  places  or  ports  only  are  besieged  or  block- 
aded which  are  actually  attacked  by  a belligerent  force  capable  of 
preventing  the  entry  of  the  neutral. 

Article  XIX. 

The  articles  of  contraband  before  enumerated  and  classified  which 
may  be  found  in  a vessel  bound  to  an  enemy’s  port  shall  be  subject  to 
detention  and  confiscation,  leaving  free  the  rest  of  the  cargo  and  the 


120 


TREATIES,  CONVENTIONS,  ETC. 


ship,  that  the  owners  may  dispose  of  them  as  they  see  proper.  No 
vessel  of  either  of  the  two  nations  shall  be  detained  on  the  high  seas 
on  account  of  having  on  board  articles  of  contraband,  whenever  the 
master,  captain  or  supercargo  of  said  vessel  will  deliver  up  the  arti- 
cles of  contraband  to  the  captor,  unless  the  quantity  of  such  articles 
be  so  great  or  of  so  large  a bulk  that  they  cannot  be  received  on  board 
the  capturing  ship  without  great  inconvenience;  but  in  this,  as  well 
as  in  all  other  cases  of  just  detention,  the  vessel  detained  shall  be 
sent  to  the  nearest  convenient  and  safe  port  for  trial  and  judgment 
according  to  law. 

Article  XX. 

And  whereas  it  frequently  happens  that  vessels  sail  for  a port  or 
places  belonging  to  an  enemy  without  knowing  that  the  same  is  be- 
sieged, blockaded  or  invested,  it  is  agreed  that  every  vessel  so  cir- 
cumstanced may  be  turned  away  from  such  port  or  place,  but  shall 
not  be  detained ; nor  shall  any  part  of  her  cargo,  if  not  contraband, 
be  confiscated,  unless,  after  warning  of  such  blockade  or  investment 
from  any  officer  commanding  a vessel  of  the  blockading  forces,  they 
shall  again  attempt  to  enter ; but  she  shall  be  permitted  to  go  to  any 
other  port  or  place  she  shall  think  proper.  Nor  shall  any  vessel  of 
either  that  may  have  entered  into  such  port  before  the  same  was  actu- 
ally besieged,  blockaded  or  invested  by  the  other,  be  restrained  from 
quitting  such  place  with  her  cargo;  nor,  if  found  therein  after  the 
reduction  and  surrender,  shall  such  vessel  or  her  cargo  be  liable  to 
confiscation,  but  they  shall  be  restored  to  the  owners  thereof. 

Article  XXT. 

In  order  to  prevent  all  kinds  of  disorder  in  the  visiting  and  exam- 
ination of  the  ships  and  cargoes  of  both  the  contracting  parties  on  the 
high  seas,  they  mutually  agree  that  whenever  a vessel  of  war  shall 
meet  with  a neutral  of  the  other  contracting  party,  the  first  shall 
remain  at  a convenient  distance,  and  may  send  its  boats  with  two  or 
three  men  only ; in  order  to  execute  the  said  examination  of  the  papers 
concerning  the  ownership  and  cargo  of  the  vessel,  without  causing 
the  least  extortion,  violence  or  ill-treatment  for  which  the  command- 
ers of  the  said  armed  ships  shall  be  responsible  with  their  persons  and 
property ; for  which  purpose  the  commanders  of  private  armed  ves- 
sels shall,  before  receiving  their  commissions,  give  sufficient  security 
to  answer  for  all  the  damages  they  may  commit;  and  it  is  expressly 
agreed  that  the  neutral  party  shall  in  no  case  be  required  to  go  on 
board  the  examining  vessel  for  the  purpose  of  exhibiting  his  papers, 
or  for  any  other  purpose  whatever. 

Article  XXII. 

To  avoid  all  kind  of  vexation  and  abuse  in  the  examination  of  the 
papers  relating  to  the  ownership  of  the  vessels  belonging  to  the  citi- 
zens of  the  two  contracting  parties,  they  agree  that,  in  case  one  of 
them  should  be  engaged  in  war,  the  ships  and  vessels  belonging  to 
the  citizens  of  the  other  must  be  furnished  with  sea-letters  or  pass- 
ports, expressing  the  name,  property  and  bulk  of  the  ships,  as  also 


BOLIVIA- — 1858. 


121 


the  name  and  place  of  habitation  of  the  master  and  commander  of 
said  vessel,  in  order  that  it  may  thereby  appear  tliat  said  ship  truly 
belongs  to  the  citizens  of  one  of  the  parties ; they  likewise  agTee  that 
such  ships  being  laden,  besides  the  said  sea-letters  or  passports,  shall 
also  be  provided  with  certificates,  containing  the  several  particulars 
of  the  cargo,  and  the  place  whence  the  ship  sailed,  so  that  it  may  be 
known  whether  any  forbidden  or  contraband  goods  be  on  board  the 
same;  which  certificates  shall  be  made  out  by  the  officers  of  the  place 
whence  the  ship  sailed  in  the  accustomed  form;  without  such  requi- 
sites said  vessels  may  be  detained,  to  be  adjudged  by  the  competent 
tribunal,  and  may  be  declared  legal  prize,  unless  the  said  defect  shall 
prove  to  be  owing  to  accident,  and  supplied  by  testimony  entirely 
equivalent. 

Article  XXIII. 

It  is  further  agreed  that  the  stipulations  above  expressed,  relative 
to  the  visiting  and  examination  of  vessels,  shall  apply  only  to  those 
which  sail  Avithout  convoy ; and  when  said  A^essels  shall  be  under  con- 
Amy,  the  verbal  declaration  of  the  commander  of  the  convoy,  on  his 
word  of  honor,  that  the  A^’essels  under  his  protection  belong  to  the 
nation  whose  flag  he  carries,  and,  when  they  are  bound  to  an  enemy’s 
port,  that  they  have  no  contraband  goods  on  board,  shall  be  sufficient. 

Article  XXIV. 

It  is  further  agreed  that  in  all  cases  the  established  courts  for  prize 
causes  in  the  country  to  which  the  prizes  may  be  conducted  shall  alone 
take  cognizance  of  them ; and  wheneA^er  such  tribunals  of  either  party 
shall  pronounce  judgment  against  any  A^essel,  or  goods  or  property 
claimed  by  the  citizens  of  the  other  party,  the  sentence  or  decree  shall 
mention  the  reasons  or  motives  on  which  the  same  shall  haA^e  been 
founded,  and  an  authenticated  copy  of  the  sentence  or  decree  and  of 
all  the  proceedings  in  the  case  shall,  if  demanded,  be  delivered  to  the 
commander  or  agent  of  said  vessel  Avithout  any  delay,  he  paying  the 
legal  fees  for  the  same. 

Article  XXV. 


Xo  citizen  of  the  Eepublic  of  Bolivia  shall  take  any  commission  or 
letters  of  marque  for  arming  any  ship  or  ships  to  act  as  privateers 
against  the  said  United  States,  or  any  of  them,  or  against  the  citi- 
zens, people  or  inhabitants  of  the  said  United  States,  or  any  of  them, 
or  against  the  property  of  any  of  the  inhabitants  of  any  of  them, 
from  any  Prince  or  State  with  which  the  said  United  States  shall  be 
at  war;  nor  shall  any  citizen  or  inhabitant  of  the  United  States,  or 
any  of  them,  take  any  commission  or  letters  of  marque  for  arming 
any  ship  or  ships  to  act  as  priA^ateers  against  the  citizens  of  the  Re- 
public of  Bolivia,  or  any  of  them,  or  the  property  of  any  of  them, 
from  any  Prince  or  State  with  which  the  said  Republic  of  Bolivia 
shall  be  at  war;  and  if  any  person  of  either  nation  shall  take  such 
commissions  or  letters  of  marque  he  shall  be  punished  according  to 
their  respective  laws. 


122  TREATIES,  CONVENTIONS,  ETC. 

Article  XXVI. 

In  accordance  with  fixed  principles  of  international  law,  Bolivia  re- 
gards the  rivers  Amazon  and  La  Plata,  with  their  tributaries,  as 
highways  or  channels  opened  by  nature  for  the  commerce  of  all  na- 
tions. In  virtue  of  which,  and  desirous  of  promoting  an  exchange  of 
productions  through  these  channels,  she  will  permit,  and  invites,  com- 
mercial vessels  of  all  descriptions  of  the  United  States,  and  of  all 
other  nations  of  the  world,  to  navigate  freely  in  any  part  of  their 
courses  which  pertain  to  her,  ascending  those  rivers  to  Bolivian  ports, 
and  descending  therefrom  to  the  ocean,  subject  only  to  the  conditions 
established  by  this  treaty,  and  to  regulations  sanctioned  or  which  may 
be  sanctioned,  by  the  national  authorities  of  Bolivia,  not  inconsistent 
with  the  stipulations  thereof. 

Article  XXVII. 

The  owners  or  commanders  of  vessels  of  the  United  States  enter- 
ing the  Bolivian  tributaries  of  the  Amazon  or  La  Plata  shall  have  the 
right  to  put  up  or  construct,  in  whole  or  in  part,  vessels  adapted  to 
shoal-river  navigation,  and  to  transfer  their  cargoes  to  them  without 
the  payment  of  additional  duties;  and  they  shall  not  pay  duties  of 
any  description  for  sections  or  pieces  of  vessels,  nor  for  the  machinery 
or  materials  which  they  may  introduce  for  use  in  the  construction  of 
said  vessels. 

All  places  accessible  to  these,  or  other  vessels  of  the  United  States, 
upon  the  said  Bolivian  tributaries  of  the  Amazon  or  La  Plata,  shall 
be  considered  as  ports  open  to  foreign  commerce,  and  subject  to  the 
provisions  of  this  treaty,  under  such  regulations  as  the  Government 
may  deem  necessary  to  establish  for  the  collection  of  custom-house, 
port,  light -house,  police  and  pilot  duties.  And  such  vessels  may  dis- 
charge and  receive  freight  or  cargo,  being  effects  of  the  country  or 
foreign,  at  any  one  of  said  ports,  notwithstanding  the  provisions  of 
Article  III. 

Article  XXVIII. 

If,  by  any  fatality,  (which  cannot  be  expected,  and  which  God  for- 
bid,) the  two  contracting  parties  should  be  engaged  in  a war  with 
each  other,  they  agree,  now  for  then,  that  there  shall  be  allowed  the 
term  of  six  months  to  the  merchants  residing  on  the  coasts  and  in  the 
ports  of  each  other,  and  the  term  of  one  year  to  those  who  dwell  in 
the  interior,  to  arrange  their  business  and  transport  their  effects 
wherever  they  please,  giving  to  them  the  safe-conduct  necessary  for 
it,  which  may  serve  as  a sufficient  protection  until  they  arrive  at  the 
designated  port.  The  citizens  of  all  other  occupations,  who  may  be 
established  in  the  territories  of  the  United  States  and  the  Republic  of 
Bolivia,  shall  be  respected  and  maintained  in  the  full  enjoyment  of 
their  personal  liberty  and  property,  unless  their  particular  conduct 
shall  cause  them  to  forfeit  this  protection,  which,  in  consideration  of 
humanity,  the  contracting  parties  engage  to  give  them. 


BOLIVIA — 1858. 


123 


Article  XXIX. 

Neither  the  debts  due  from  the  individuals  of  one  nation  to  the 
individuals  of  the  other,  nor  shares,  nor  moneys  which  they  may  have 
in  the  public  funds,  nor  in  public  or  private  banks,  shall  ever,  in  any 
event  of  war  or  of  national  difference,  be  sequestered  or  confiscated. 

Article  XXX. 

Both  the  contracting  parties,  being  desirous  of  avoiding  all  inequality 
in  relation  to  their  public  communications  and  official  intercourse, 
agree  to  grant  to  the  Envoys,  Ministers  and  other  public  Agents,  the 
same  favors,  immunities  and  exemptions  which  those  of  the  most 
favored  nation  do  or  may  enjoy;  it  being  understood  that  whatever 
favors,  immunities  or  privileges  the  United  States  of  America  or  the 
Eepublic  of  Bolivia  may  find  it  proper  to  give  to  the  Ministers  and 
other  public  Agents  of  any  other  power  shall,  by  the  same  act,  be 
extended  to  those  of  each  of  the  contracting  parties. 

Article  XXXI. 

To  make  effectual  the  protection  which  the  United  States  and  the 
Eepublic  of  Bolivia  shall  afford  in  future  to  the  navigation  and  com- 
merce of  the  citizens  of  each  other,  they  agree  to  receive  and  admit 
Consuls  and  Vice-Consuls  in  all  the  ports  open  to  foreign  commerce, 
who  shall  enjoy  in  them  all  the  I’ights,  prerogatives  and  immunities 
of  the  Consuls  and  Vice-Consuls  of  the  most  favored  nation ; each 
contracting  party,  however,  remaining  at  liberty  to  except  those  ports 
and  places  in  which  the  admission  and  residence  of  such  Consuls  and 
Vice-Consuls  may  not  seem  convenient. 

A.RTICLE  XXXII. 

In  order  that  the  Consuls  and  Vice-Consuls  of  the  two  contracting 
parties  may  enjoy  the  rights,  immunities  and  prerogatives  which 
belong  to  them  by  their  public  character,  they  shall,  before  entering 
upon  their  functions,  exhibit  their  commission  or  patent  in  due  form 
to  the  Government  to  which  they  are  accredited,  and  having  obtained 
their  exequatur  they  shall  be  held  and  considered  as  such  by  all  the 
authorities,  magistrates  and  inhabitants  in  the  consular  district  in 
which  they  reside. 

Article  XXXIII. 

It  is  also  agree  that  the  Consuls,  and  officers  and  persons  attached 
to  the  consulate,  they  not  being  citizens  of  the  country  in  which  the 
Consul  resides,  shall  be  exempted  from  all  kinds  of  imposts  and  con- 
tributions, except  those  which  they  shall  be  obliged  to  pay  on  account 
of  their  commerce  or  property,  to  which  the  citizens  or  inhabitants, 
native  or  foreign,  of  the  country  in  which  they  reside  are  subject, 
being,  in  everything  besides,  subject  to  the  laws  of  the  respective 
States.  The  archives  and  papers  of  the  consulate  shall  be  respected 
inviolably,  and  under  no  pretext  whatever  shall  any  magistrate  seize 
or  in  any  way  interfere  with  them. 


124 


TREATIES,  CONVENTIONS,  ETC. 
Article  XXXIV. 


The  said  Consuls  shall  have  power  to  require  the  assistance  of  the 
authorities  of  the  country  for  the  arrest,  detention  and  custody  of 
deserters  from  the  public  and  private  vessels  of  their  country;  and 
for  that  purpose  they  shall  address  themselves  to  the  courts,  judges 
and  officers  competent,  and  shall  demand  the  said  deserters  in  writing, 
proving  by  an  exhibition  of  the  registers  of  the  vessels  or  ships’  roll, 
or  other  pulilic  documents,  that  those  men  were  part  of  the  said 
crews;  and  on  this  demand,  so  proved,  (saving,  however,  when  the 
contrary  is  proved,)  the  delivery  shall  not  be  refused.  Such  desert- 
ers, when  arrested,  shall  be  put  at  the  disposal  of  said  Consuls,  and 
may  be  put  in  the  public  prisons,  at  the  request  and  expense  of  those 
who  reclaim  them,  to  be  sent  to  the  ships  to  which  they  belonged  or 
to  others  of  the  same  nation;  but  if  they  be  not  sent  back  within  two 
months,  to  be  counted  from  the  day  of  their  arrest,  they  shall  be  set 
at  liberty,  and  shall  be  no  more  arrested  for  the  same  cause. 

Article  XXXV. 

For  the  purpose  of  more  effectually  protecting  their  commerce  and 
navigation,  the  two  contracting  parties  agree,  as  soon  hereafter  as 
circumstances  will  permit  them,  to  form  a consular  convention  which 
shall  declare  especially  the  powers  and  immunities  of  the  Consuls 
and  Vice-Consuls  of  the  respective  parties. 

Article  XXXVI. 

The  United  States  of  America  and  the  Republic  of  Bolivia,  desir- 
ing to  make  as  durable  as  circumstances  will  permit  the  relations 
which  are  established  between  the  two  parties  by  virtue  of  this  treaty 
of  peace,  amity,  commerce  and  navigation,  declare  solemnly  and  agree 
to  the  following  points: 

1st.  The  present  treaty  shall  remain  in  full  force  and  virtue  for  the 
term  of  ten  years,  to  be  counted  from  the  da}’  of  the  exchange  of  the 
ratifications,  and  further,  until  the  end  of  one  year  after  either  of  the 
contracting  parties  shall  have  given  notice  to  the  other  of  its  intention 
to  terminate  the  same;  each  of  the  contracting  parties  reserving  to 
itself  the  right  of  giving  such  notice  to  the  other  at  the  end  of  said 
term  of  ten  years;  and  it  is  agreed  between  them  that,  on  the  expira- 
tion of  one  year  after  such  notice  shall  have  been  received  by  either 
from  the  other  party,  this  treaty,  in  all  its  parts  relative  to  commerce 
and  navigation,  shall  altogether  cease  and  determine;  and  in  all 
those  parts  which  relate  to  peace  and  friendship,  it  shall  be  peiqDetual 
and  permanently  binding  on  both  powers. 

2d.  If  one  or  more  of  the  citizens  of  either  party  shall  infringe  any 
of  the  articles  of  this  treaty,  such  citizen  shall  be  held  personally  re- 
sponsible for  the  same,  and  harmony  and  good  correspondence  be- 
tween the  two  nations  shall  not  be  interrupted  thereby,  each  party 
engaging  in  no  way  to  protect  the  offender  or  sanction  such  violation. 

3d.  If,  (what  indeed  cannot  be  expected,)  unfortunately,  any  of 
the  articles  contained  in  the  present  treaty  shall  be  violated,  or  in- 
fringed in  any  other  mode  whatever,  it  is  expressly  stipulated  that 


BOLIVIA — 1858 1900. 


125 


neither  of  the  contracting  parties  will  order  or  authorize  any  act  of 
reprisal,  nor  declare  war  against  the  other,  on  complaints  of  injuries 
or  damages  until  the  said  party  considering  itself  offended  shall  have* 
first  presented  to  the  other  a statement  of  such  injuries  or  damages, 
verified  by  competent  pi’oofs,  and  demanded  justice,  and  the  same 
shall  have  been  either  refused  or  unreasonably  delayed. 

4th.  Nothing  in  this  treaty  shall,  however,  be  construed  or  operate 
contrary  to  former  and  existing  public  treaties  with  other  Sovereigns 
and  States. 

The  present  treaty  of  peace,  amity,  commerce  and  navigation  shall 
be  ratified  by  the  President  of  the  United  States  of  America,  by  and 
with  the  advice  and  consent  of  the  Senate  thereof,  and  by  the  Presi- 
dent of  the  Eepublic  of  Bolivia,  with  the  approbation  of  the  National 
Congress;  and  the  ratifications  shall  be  exchanged  in  the  capital  of 
the  Republic  of  Bolivia  within  eight  months,  to  be  counted  from,  the 
date  of  the  ratification  by  both  Governments, 

In  faith  whereof  we,  the  Plenipotentiaries  of  the  United  States  of 
America  and  of  the  Republic  of  Bolivia,  have  signed  and  sealed  these 
presents. 

Done  in  La  Paz,  on  the  thirteenth  day  of  ]\Iay.  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fifty-eight. 

[seal.]  Johx  AV.  Dana. 

[seal.]  Lucas  M.  de  la  Tapia. 


1900, 

Extradition  Convention. 


Concluded  April  ^7,  1900;  ratif cation  advised  hy  Senate  December 
18,  1900;  ratified  by -President  August  2,  1901;  ratifications  ex- 
changed December  23,  1901;  proclaimed  December  30,  1901. 


Articles. 


I.  Delivery  of  accused. 

II.  Extraditable  crimes. 

III.  Procedure. 

IV.  Provisional  detention. 

V.  Nondelivery  of  citizens. 

VI.  Poiiticai  offenses. 


VII.  Limitations. 

VIII.  Prior  offenses. 

IX.  Property  seized  with  fugitive. 

X.  Persousclaimed  by  other  countries. 

XI.  Expenses. 

XII.  Ratification ; duration. 


The  United  States  of  America,  and  the  Reimblic  of  Bolivia,  being 
desirous  to  confirm  their  friendly  relations  and  to  iiromote  the  cause 
of  justice,  have  resolved  to  conclude  a treaty  for  the  extradition  of 
fugitives  from  justice  between  the  United  States  of  America  and  the 
Republic  of  Bolivia,  and  have  appointed  for  that  purpose  the  follow- 
ing representatives  plenipotentiary. 

The  President  of  the  United  States  to  Dr.  George  H.  Bridgman  his 
Envoy  Extraordinary  and  Minister  Plenipotentiary  to  Bolivia,  and 
the  President  of  Bolivia  to  Dr.  Eliodoro  AHllazon,  his  Minister  of 
Foreign  Relations,  who,  after  having  communicated  to  each  other 


126 


TREATIES,  CONVENTIONS,  ETC. 


their  respective  full  powers,  found  in  good  and  due  form,  have  agreed 
upon  and  concluded  the  following  articles: 

.t^TICLE  I. 

The  Government  of  the  United  States  and  the  Government  of 
Bolivia,  mutually  agree  to  deliver  up  persons  Avho,  having  been 
chargecl  Avith  or  convicted  of  any  of  the  crimes  and  offenses  specified 
in  the  following  article,  committed  within  the  jurisdiction  of  one  of 
the  contracting  parties,  shall  seek  an  asylum  or  be  found  Avithin  the 
territories  of  the  other:  Provided^  that  this  shall  only  be  done  upon 
such  evidence  of  criminality  as  according  to  the  laws  of  the  place 
where  the  fugitive  or  person  so  charged  shall  be  found,  Avould  justify 
his  or  her  apprehension  and  commitment  for  trial  if  the  crime  or 
offense  had  been  there  committed. 


Article  II. 

Extradition  shall  be  granted  for  the  following  crimes  and  offenses : 

1.  Murder,  comprehending  assassination,  parricide,  infanticide,  and 
poisoning ; attempt  to  commit  murder ; manslaughter,  Avhen  Amluntary. 

2.  Arson. 

3.  Robbery,  defined  to  be  the  act  of  feloniouslj^  and  forcibly  taking 
from  the  person  of  another  money  goods,  documents  or  other  prop- 
erty by  violence  or  putting  him  in  fear ; burglary. 

4.  Forgery,  or  the  utterance  of  forged  papers;  the  forgery  or  fal- 
sification of  official  acts  of  government,  of  public  authorities,  or  of 
courts  of  justice,  or  the  utterance  of  the  thing  forged  or  falsified. 

5.  The  counterfeiting,  falsifying  or  altering  of  money,  whether 
coin  or  paper,  or  of  instruments  of  debt  created  by  national,  state, 
provincial  or  municipal  governments,  or  of  coupons  thereof,  or  of 
bank  notes,  or  the  utterance  or  circulation  of  the  same ; or  the  counter- 
feiting, falsifying  or  altering  of  seals  of  state. 

6.  Embezzlement  by  public  officers,  embezzlement  by  persons  hired 
or  salaried,  to  the  detriment  of  their  employers  Avhere  in  either  class 
of  cases  the  embezzlement  exceeds  the  sum  of  Iavo  hundred  dollars; 
larceny. 

7.  Fraud  or  breach  of  trust  by  a bailee,  banker,  agent,  factor,  trus- 
tee, or  other  person  acting  in  a fiduciary  capacity,  or  director  or  mem- 
ber or  officer  of  any  company,  when  such  act  is  made  criminal  by  the 
laws  of  both  countries  and  the  amount  of  money  or  the  value  of  the 
property  misappropriated  is  not  less  than  $200.00  or  B®  500.00. 

8.  Perjury;  subornation  of  perjury. 

9.  Rape,  abduction;  kidnapping. 

10.  Willful  and  unlawful  destruction  or  obstruction  of  railroads 
which  endangers  human  life. 

11.  Crimes  committed  at  sea: 

(a)  Piracy,  by  statute  or  by  the  hiAV  of  nations. 

(b)  Revolt,  or  conspiracy  to  revolt,  by  tAvo  or  more  persons  on 
board  a ship  on  the  high  seas  against  the  authority  of  the  master. 

(c)  Wrongfully  sinking  or  destroAung  a A'essel  at  sea,  or  attempting 
to  do  so. 

(d)  Assaults  on  board  a ship  on  the  high  seas  Avith  intent  to  do 
grievous  bodily  harm. 


BOLIVIA 1900.  127 

12.  Crimes  and  offenses  against  the  laws  of  both  countries  for  the 
suppression  of  slavery  and  slave  trading. 

Extradition  is  also  to  take  place  for  participation  in  any  of  the 
crimes  and  offenses  mentioned  in  this  Treaty,  provided  such  partici- 
pation may  be  punished,  in  the  United  States  as  a felony,  and  in 
Bolivia  by  imprisonment  at  hard  labor. 

Article  III. 

Requisitions  for  the  surrender  of  fugatives  from  justice  shall  be 
made  by  the  diplomatic  agents  of  the  contracting  parties,  or  in  the 
absence  of  these  from  the  country  or  its  seat  of  government,  may  be 
made  by  the  superior  consular  officers. 

If  the  person  whose  extradition  is  requested  shall  have  been  con- 
victed of  a crime  or  offense,  a duly  authenticated  copy  of  the  sentence 
of  the  court  in  which  he  was  convicted,  or  if  the  fugitive  is  merely 
charged  with  crime,  a duly  authenticated  copy  of  the  warrant  of  arrest 
in  the  country  where  the  crime  has  been  committed,  and  of  the  deposi- 
tions or  other  evidence  upon  which  such  warrant  was  issued,  shall  be 
produced. 

The  extradition  of  fugitives  under  the  provisions  of  this  Treaty 
shall  be  carried  out  in  the  United  States  and  in  Bolivia,  respectively, 
in  conformity  with  the  laws  regulating  extradition  for  the  time  being 
in  force  in  the  state  on  which  the  demand  for  surrender  is  made. 

Article  IV. 

Where  the  arrest  and  detention  of  fugitive  are  desired  on  telegraphic 
or  other  information  in  advance  of  the  presentation  of  formal  proofs, 
the  proper  course  in  the  United  States  shall  be  to  apply  to  a judge  or 
other  magistrate  authorized  to  issue  warrants  of  arrest  in  extradition 
cases  and  present  a complaint  on  oath,  as  provided  by  the  statutes  of 
the  United  States. 

When,  under  the  provisions  of  this  article,  the  arrest  and  deten- 
tion of  a fugitive  are  desired  in  the  Republic  of  Bolivia,  the  proper 
course  shall  be  to  apply  to  the  Foreign  Office  which  will  immediately 
cause  the  necessary  steps  to  be  taken  in  order  to  secure  the  provisional 
arrest  or  detention  of  the  fugitive. 

The  provisional  detention  of  a fugitive  shall  cease  and  the  prisoner 
be  released  if  a formal  requisition  for  his  surrender,  accompanied  by 
the  necessary  evidence  of  his  criminality,  has  not  been  produced  under 
the  stipulations  of  this  Treaty,  within  two  months  from  the  date  of 
his  provisional  arrest  or  detention. 

Article  V. 

Neither  of  the  contracting  parties  shall  be  bound  to  deliver  up  its 
own  citizens  or  subjects  under  the  stipulations  of  this  Treaty. 

Article  VI. 

A fugitive  criminal  shall  not  be  surrendered  if  the  offense  in  respect 
of  which  his  surrender  is  demanded  be  of  a political  character,  or  if 


128 


TREATIES,  CONVENTIONS,  ETC. 


he  proves  that  the  requisition  for  his  surrender  has,  in  fact,  been  made 
with  a view  to  try  or  punish  him  for  an  offense  of  a iiolitical  character. 

No  person  surrendered  by  either  of  the  high  contracting  parties  to 
the  other  shall  be  triable  or  tried,  or  be  punished,  for  any  political 
crime  or  offense,  or  for  any  act  connected  therewith,  committed  pre- 
viously to  his  extradition. 

If  anv  question  shall  arise  as  to  whether  a case  comes  within  the 
provisions  of  this  article,  the  decision  of  the  authorities  of  the  gov- 
ernment on  which  the  demand  for  surrender  is  made,  or  which  may 
have  granted  the  extradition,  shall  be  final. 

Article  VII. 

Extradition  shall  not  be  granted,  in  pursuance  of  the  provisions  of 
this  Treaty,  if  legal  proceedings  or  the  enforcement  of  the  penalty 
for  the  act  committed  by  the  person  claimed  has  become  barred  by 
limitation,  according  to  the  laws  of  the  country  to  which  the  requisi- 
tion is  addressed. 

Article  VIII. 

No  person  surrendered  by  either  of  the  high  contracting  parties  to 
the  other  shall,  without  his  consent,  freely  granted  and  publicly  de- 
clared by  him,  be  triable  or  tried  or  be  punished  for  any  crime  or 
offense  committed  prior  to  his  extradition,  other  than  that  for  which 
he  was  delivered  up,  until  he  shall  have  had  an  opportunity  of  return- 
ing to  the  country  from  which  he  was  surrendered. 

Article  IX. 

All  articles  seized,  which  are  in  the  possession  of  the  person  to  be 
surrendered  at  the  time  of  his  apprehension,  whether  being  the  pro- 
ceeds of  the  crime  or  offense  charged,  or  being  material  as  evidence  in 
making  proof  of  the  crime  or  offense,  shall,  so  far  as  practicable  and 
in  conformity  with  the  laws  of  the  respective  countries,  be  given  up 
when  the  extradition  takes  place.  Nevertheless,  the  rights  of  third 
liarties  with  regard  to  such  articles  shall  be  duly  respected. 

Article  X. 

If  the  individual  claimed  by  one  of  the  high  contracting  parties,  in 
pursuance  of  the  present  Treaty,  shall  also  be  claimed  by  one  or  sev- 
eral other  powers  on  account  of  crimes  or  offenses  committed  within 
their  respective  jurisdictions,  his  extradition  shall  be  granted  to  the 
state  whose  demand  is  first  received : Provided^  That  the  Government 
from  which  extradition  is  sought  is  not  bound  by  treaty  to  give  pref- 
erence otherwise. 

Article  XI. 

The  expenses  incurred  in  the  arrest,  detention,  examination,  and 
the  delivery  of  fugitives  under  this  Treaty  shall  be  borne  by  the  state 
in  whose  name  the  extradition  is  sought:  Provided^  that  the  demand- 
ing government  shall  not  be  compelled  to  bear  any  expense  for  the 


BOLIVIA 1900. 


129 


services  of  such  public  officers  of  the  Government  from  which  extra- 
dition is  sought  as  receive  a fixed  salary;  And,  provided^  that  the 
charge  for  the  services  of  such  public  officers  as  receive  only  fees  or 
perquisites  shall  not  exceed  their  customary  fees  for  the  acts  or  serv- 
ices performed  by  them,  had  such  acts  or  services  been  performed  in 
ordinary  criminal  proceedings  under  the  laws  of  the  country  of  which 
they  are  officers. 

Article  XII. 

The  present  treaty  shall  take  effect  on  the  thirtieth  day  after  the 
date  of  the  exchange  of  ratifications,  and  shall  not  operate  retro- 
actively. 

The  ratifications  of  the  2iresent  Treaty  shall  be  exchanged  at  La  Paz 
as  soon  as  possible,  and  it  shall  remain  in  force  for  a period  of  six 
months  after  either  of  the  contracting  governments  shall  have  given 
notice  of  a iiurpose  to  terminate  it. 

In  witness  Avhereof,  the  respective  Plenipotentiaries  have  signed  the 
above  articles,  both  in  the  English  and  the  Spanish  languages,  and 
have  here  unto  affixed  their  seals. 

Done  in  duplicate  at  the  city  of  La  Paz,  Bolivia,  this  twenty  first 
day  of  April  of  one  thousand  nine  hundred. 

George  H.  Bridgman  [seal.] 
Eliodoro  Villazon.  [seal.] 

24449— VOL  1—10 9 


BOKXEO. 

1850. 

Convention  of  Ajmity,  Commerce,  and  Navigation. 


Concluded  June  £3,  1850 ; ratification,  advised  and  time  for  exchange 
of  ratifications  extended  hy  the  Senate  J une  23^  1352;  ratified  hy  the 
President  January  31,  1853;  ratifications  exchanged  Jxdy  11,  1853; 
proclaimed  Jxdy  12,  1854. 

Articles. 


I.  Amity. 

II.  Liberty  of  commerce. 

III.  Protection  to  United  States  citi- 

zens. 

IV.  Freedom  of  imports  and  exports, 
y.  Tonnajie  on  American  ships;  ex- 
emptions. 


YI.  No  export  duty  on  products  of 
Borneo. 

VII.  Supplies  for  American  ships  of 
war. 

VIII.  Shii)wrecks. 

IX.  Extraterritoriality  in  Borneo; 
ratification. 


His  Highness  Omar  Ali  Saifedclin  ebn  Marhoiim  Sultan  IMahomed 
Jamalel  Alam  and  Bangiran  Anak  Mumin,  to  whom  belong  the  gov- 
ernment of  the  country  of  Brnni  and  all  its  provinces  and  dependen- 
cies, for  themselves  and  their  descendants  on  the  one  part,  and  the 
United  States  of  America  on  the  other,  have  agreed  to  cement  the 
friendship  which  has  long  and  happily  existed  between  them,  by  a 
Convention,  containing  the  following  articles: 


Article  I. 


Peace,  friendship  and  good  understanding  shall  from  henceforward 
and  forever  subsist  between  the  United  States  of  America  and  His 
Highness  Omar  Ali  Saifeddin,  Sultan  of  Borneo,  and  their  respective 
successors  and  citizens  and  subjects. 

Article  II. 

The  citizens  of  the  United  States  of  America  shall  have  full  liberty 
to  enter  into,  reside  in,  trade  with,  and  pass  with  their  merchandise 
(lirough  all  parts  of  the  dominions  of  His  Highness  the  Sultan  of 
Borneo,  and  they  shall  enjoj^  therein  all  the  privileges  and  advan- 
tages. with  respect  to  commerce  or  otherwise,  which  are  now  or  which 
may  hereafter  be  granted  to  the  citizens  or  subjects  of  the  most 
favored  nation ; and  the  subjects  of  His  Highness,  the  Sultan  of 
Borneo,  shall,  in  like  manner,  be  at  liberty  to  enter  into,  reside  in, 
trade  witli,  and  pass  through  with  their  merchandise  tbrough  all 
parts  of  the  United  States  of  America  as  freely  as  the  citizens  and 
1.10 


131 


FOREIGN  MISi;WS  LIBRARY, 

Fir h BORNEO— 1850.  ■ 

subjects  of  the  most  favored  nation;  and  they  shall  enjoy  in  the 
United  States  of  America  all  the  privileges  and  advantages,  with  re- 
spect to  commerce  or  otherwise,  which  are  now  or  which  may  here- 
after be  granted  therein  to  the  citizens  or  subjects  of  the  most  favored 
nation. 

Article  III. 

Citizens  of  the  United  States  shall  be  permitted  to  purchase,  rent 
or  occupy,  or  in  any  other  legal  way  to  acquire,  all  kinds  of  property 
within  the  dominions  of  His  Highness  the  Sultan  of  Borneo;  and 
His  Highness  engages  that  such  citizens  of  the  United  States  of 
America  shall,  as  far  as  lies  in  his  power,  within  his  dominions, 
enjoy  full  and  complete  protection  and  security  for  themselves,  and 
for  any  projierty  which  they  may  so  acquire  in  future,  or  which  they 
may  have  acquired  ah’eady  "befoi’e  the  date  of  the  present  convention. 

Article  IV. 

No  article  whatever  shall  be  prohibited  from  being  imported  into 
or  exported  from  the  territories  of  His  Highness  the  Sultan  of 
Borneo ; but  the  trade  between  the  United  States  of  America  and  the 
dominions  of  His  Highness  the  Sultan  of  Borneo  shall  be  perfectly 
free,  and  shall  be  subject  only  to  the  custom  duties  which  may  here- 
after be  in  force  in  regard  to  such  trade. 

Article  V. 

No  duty  exceeding  one  dollar  per  registered  ton  shall  be  levied  on 
American  vessels  entering  the  ports  of  His  Highness  the  Sultan  of 
Borneo ; and  this  fixed  duty  of  one  dollar  per  ton,  to  be  levied  on  all 
American  vessels,  shall  be  in  lieu  of  all  other  charges  or  duties  what- 
soever. His  Highness,  moreover,  engages  that  American  trade  and 
American  goods  shall  be  exempt  from  any  internal  duties,  and  also 
from  any  injurious  regulations  which  may  hereafter,  from  whatever 
causes,  be  adopted  in  the  dominions  of  the  Sultan  of  Borneo. 

Article  VI. 

His  Highness  the  Sultan  of  Borneo  agrees  that  no  duty  whatever 
shall  be  levied  on  the  exportation  from  His  Highness’  dominions  of 
any  article,  the  growth,  produce  or  manufacture  of  those  dominions. 

Article  VII. 

His  Highness  the  Sultan  of  Borneo  engages  to  permit  the  ships  of 
war  of  the  United  States  of  America  freely  to  enter  the  ports,  rivers 
and  creeks  situate  within  his  dominions,  and  to  allow  such  ships  to 
provide  themselves,  at  a fair  and  moderate  price,  with  such  supplies, 
stores  and  provisions  as  they  may  from  time  to  time  stand  in  need  of. 

Article  VIII. 

If  any  vessel  under  the  American  flag  shou^:’  oe  wrecked  on  the 
coast  of  the  dominions  of  His  Highness  Sultan  of  Borneo,  His 


132 


TREATIES^  CONVENTIONS,  ETC. 


Highness  engages  to  give  all  the  assistance  in  his  power  to  recover 
for  and  deliver  over  to  the  owners  thereof  all  the  property  that  can 
be  saved  from  such  vessels.  His  Highness  further  engages  to  extend 
to  the  officers  and  crew  and  to  all  other  persons  on  board  of  such 
wrecked  vessels,  full  protection,  both  as  to  their  persons  and  as  to 
their  property. 


Article  IX. 

His  Highness  the  Sultan  of  Borneo  agrees  that  in  all  cases  where 
a citizen  of  the  United  States  shall  be  accused  of  any  crime  committed 
in  any  part  of  His  Highness’  dominions,  the  person  so  accused  shall 
be  exclusively  tried  and  adjudged  by  the  American  Consul,  or  other 
officer  duly  appointed  for  that  purpose ; and  in  all  cases  where  dis- 
putes or  ditferences  may  arise  between  American  citizens,  or  between 
American  citizens  and  the  subjects  of  His  Highness,  or  between 
American  citizens  and  the  citizens  or  subjects  of  any  other  foreign 
])ower  in  the  dominions  of  the  Sultan  of  Borneo,  the  American  Con- 
sul, or  other  duly  appointed  officer,  shall  have  power  to  hear  and 
decide  the  same,  without  any  interference,  molestation  or  hindrance 
on  the  part  of  any  authority  of  Borneo,  either  before,  during  or  after 
the  litigation.  * 

This  treaty  shall  be  ratified,  and  the  ratifications  thereof  shall  be 
exchanged  at  Bruni  at  any  time  prior  to  the  fourth  day  of  July,  in 
the  year  one  thousand  eight  hundred  and  fifty-four. 

Done  at  the  city  of  Bruni  on  this  twenty-third  day  of  June,  anno 
Domini  one  thousand  eight  hundred  and  fifty,  and  on  the  thirteenth 
day  of  the  month  Saaban,  of  the  year  of  the  Hegira  one  thousand  two 
hundred  and  sixty-six. 

[seal.] 

[seal.] 


Joseph  Balestier, 
Omar  Ali  Saifeddin. 


BRAZIL. 

1828.« 

Treaty  of  Amity,  Commerce,  and  Navigation. 


Concluded  December  12,  1828;  ratification  advised  by  the  Senate 
March  10, 1829;  ratified  by  the  President  March  10,  1829;  ratifica- 
tions exchanged  March  18, 1829;  'proclaimed  March  18, 1829. 


Articles. 


I.  Amity. 

II.  Favored  nation  clause. 

III.  Freedom  of  commerce  and  navi- 

gation ; coasting  trade. 

IV.  No  discrimination  on  vessels. 

Y.  Import  and  export  duties. 

VI.  Freedom  of  trade. 

VII.  Embargoes. 

VIII.  Asylum  in  ports. 

IX.  Captures  by  pirates. 

X.  Shipwrecks. 

XI.  Disposal  of  property. 

XII.  Special  protection. 

XIII.  Religious  freedom. 

XIV.  Rights  of  neutrals. 

XV.  Neutral  property  under  ene- 
mies’ flag. 

XVI.  Contraband  of  war. 

XVII.  Trade  with  nonblockaded  ports. 


XVIII.  Seizure  of  contraband  arti- 
cles. 

XIX.  Blockades. 

XX.  Visitation  and  search. 

XXI.  Ship’s  papers  in  case  of  war. 

XXII.  Vessels  under  convoy. 

XXIII.  Prize  courts. 

XXIV.  Letters  of  marque  forbidden. 

XXV.  Protection  in  case  of  war. 

XXVI.  Confiscation  forbidden. 
XXVII.  Diplomatic  officers. 

XXVm.  Consular  officers. 

XXIX.  Exequaturs. 

XXX.  Consular  exemptions. 

XXXI.  Deserters  from  ships. 
XXXII.  Consular  convention. 
XXXIII.  Duration ; effect,  etc. ; ratifi- 
cation. 


In  the  name  of  the  Most  Holy  and  Indivisible  Trinity. 

The  United  States  of  America  and  His  Majesty  the  Emperor  of 
Brazil,  desiring  to  establish  a firm  and  permanent  peace  and  friend- 
ship between  both  nations,  have  resolved  to  fix,  in  a manner  clear,  dis- 
tinct and  positive,  the  rules  which  shall  in  future  be  religiously  ob- 
served between  the  one  and  the  other,  by  means  of  a treaty  or  general 
convention  of  peace,  friendship,  commerce  and  navigation. 

For  this  most  desirable  object,  the  President  of  the  United  States 
has  conferred  full  powers  on  William  Tudor,  their  Charge  d’Affaires 
at  the  Court  of  Brazil;  and  His  Majesty  the  Emperor  of  Brazil,  on 
the  Most  Illustrious  and  Most  Excellent  Marquez  of  Aracaty,  a mem- 
ber of  his  Council,  Gentleman  of  the  Imperial  Bedchamber,  Coun- 
cillor of  the  Treasury,  Grand  Cross  of  the  Order  of  Aviz,  Senator  of 
the  Empire,  Minister  and  Secretary  of  State  for  Foreign  Affairs,  and 


“ By  a nof  ice  given  from  the  Emperor  of  Brazil  this  treaty  “ only  for  articles 
relating  to  commerce  and  navigation  ” was  terminated  December  12,  1841. 

133 


134 


TREATIES,  CONVENTIONS,  ETC. 


Miguel  de  Souza  Mello  e Alvim,  a member  of  his  Council,  Com- 
mander of  the  Order  of  Aviz,  Knight  of  the  Imiierial  Order  of  the 
Cross,  Chief  of  Division  in  the  Imperial  and  Xational  Xavy,  Minister 
and  Secretary  of  State  for  the  Marine; 

Who,  after  having  exchanged  their  said  full  powers,  in  due  and 
proper  form,  have  agreed  to  the  following  articles: 

Article  I. 

There  shall  he  a iierfect,  firm  and  inviolable  peace  and  friendship 
between  the  United  States  of  America  and  their  citizens  and  His 
Imperial  Majesty,  his  successors  and  subjects,  throughout  their  pos- 
sessions and  territories  respectively,  without  distinction  of  persons 
or  places. 

Article  II. 

The  United  States  of  America  and  His  Majesty  the  Emperor  of 
Brazil,  desiring  to  live  in  peace  and  harmony  with  all  the  other 
nations  of  the  earth,  by  means  of  a policy  frank  and  equally  friendly 
with  all,  engage  mutually  not  to  grant  any  particular  favor  to  other 
nations,  in  respect  of  commerce  and  navigation,  which  shall  not  im- 
mediately become  common  to  the  other  party,  who  shall  enjoy  the 
same  freely,  if  the  concession  was  freely  made,  or  on  allowing  the 
same  compensation  if  the  concession  was  conditional.  It  is  under- 
stood, however,  that  the  relations  and  conventions  which  now  exist,  or 
may  hereafter  exist,  between  Brazil  and  Portugal,  shall  form  an  ex- 
ception to  this  article. 

Article  III. 

The  two  high  contracting  parties,  being  likewise  desirous  of  placing 
the  commerce  and  navigation  of  their  respective  countries  on  the  lib- 
eral basis  of  perfect  equality  and  reciprocity,  mutually  agree  that 
the  citizens  and  subjects  of  each  may  frequent  all  the  coasts  and  coun- 
tries of  the  other,  and  reside  and  trade  there  in  all  kinds  of  produce, 
manufactures  and  merchandise;  and  they  shall  enjoy  all  the  rights, 
lirivileges,  and  exemptions  in  navigation  and  commerce,  which  native 
citizens  or  subjects  do  or  shall  enjoy,  submitting  themselves  to  the 
laws,  decrees  and  usages  there  established,  to  which  native  citizens 
or  subjects  are  subjected.  But  it  is  understood  that  this  article  does 
not  include  the  coasting  trade  of  either  country,  the  regulation  of 
which  is  reserved  by  the  parties  respectively,  according  to  their  own 
separate  laws. 


Article  IV. 

They  likewise  agree  that  whatever  kind  of  produce,  manufactures 
or  merchandise  of  any  foreign  country  can  lie  from  time  to  time  law- 
fully imported  into  the  United  States,  in  their  own  vessels,  may  be 
also  imported  in  vessels  of  Brazil;  and  tbat  no  higher  or  other  duties 
upon  the  tonnage  of  the  vessel  and  her  cargo  shall  be  levied  and  col- 
lected. whether  the  importation  be  made  in  the  vessels  of  the  one 
country  or  the  other.  And  in  like  manner,  that  whatever  kind  of 
jiroduce,  manufactures  or  merchandise  of  any  foreign  country,  can 


BRAZIL 1828. 


135 


be,  from  time  to  time,  lawfully  imported  into  the  Empire  of  Brazil, 
in  its  own  vessels,  may  be  also  imported  in  vessels  of  the  United 
States;  and  that  no  higher  or  other  duties  upon  the  tonnage  of  the 
vessel  and  her  cargo  shall  be  levied  or  collected,  whether  the  importa- 
tion be  made  in  vessels  of  the  one  country  or  of  the  other.  And  they 
agree  that  whatever  may  be  lawfully  exported,  or  reexported  from 
the  one  country  in  its  own  vessels,  to  any  foreign  country,  may,  in 
like  manner,  be  exjiorted  or  reexported  in  the  vessels  of  the  other 
country.  And  the  same  bounties,  duties  and  drawbacks  shall  be 
allowed  and  collected,  whether  such  exportation  or  reexportation  be 
made  in  vessels  of  the  United  States  or  of  the  Empire  of  Brazil.  The 
Government  of  the  United  States,  however,  considering  the  present 
state  of  the  naTigation  of  Brazil,  agrees  that  a vessel  shall  be  con- 
sidered as  Brazilian  when  the  proprietor  and  captain  are  subjects  of 
Brazil  and  the  jiapers  are  in  legal  form. 

Article  V. 

No  higher  or  other  duties  shall  be  imposed  on  the  importation  into 
the  United  States  of  any  articles  the  produce  or  manufactures  of  the 
Empire  of  Brazil,  and  no  higher  or  other  duties  shall  be  imposed  on 
the  importation  into  the  Empire  of  Brazil  of  any  articles  the  produce 
or  manufactures  of  the  United  States,  than  are  or  shall  be  payable  on 
the  like  articles,  being  the  produce  or  manufactures  of  any  other  for- 
eign country ; nor  shall  any  higher  or  other  duties  or  charges  be  im- 
posed in  either  of  the  two  countries,  on  the  exportation  of  any  articles 
to  the  United  States,  or  to  the  Empire  of  Brazil,  respectively,  than 
such  as  are  payable  on  the  exportation  of  the  like  article  to  any  other 
foreign  country ; nor  shall  any  prohibition  be  imposed  on  the  exporta- 
tion or  importation  of  any  articles,  the  produce  or  manufactures  of 
the  United  States,  or  of  the  Empire  of  Brazil,  to  or  from  the  ter- 
ritories of  the  United  States,  or  to  or  from  the  territories  of  the 
Empire  of  Brazil,  which  shall  not  equally  extend  to  all  other  nations. 

Article  VI. 

It  is  likewise  agreed  that  it  shall  be  whollj^  free  for  all  merchants, 
commanders  of  ships  and  other  citizens  or  subjects  of  both  countries, 
to  manage  themselves  their  own  business,  in  all  the  ports  and  places 
subject  to  the  jurisdiction  of  each  other,  as  well  with  respect  to  the 
consignment  and  sale  of  their  goods  and  merchandise  by  wholesale 
or  retail,  as  with  respect  to  the  loading,  unloading  and  sending  off 
their  ships;  they  being  in  all  these  cases  to  be  treated  as  citizens  or 
subjects  of  the  country  in  which  they  reside,  or  at  least  to  be  placed 
on  a footing  with  the  subjects  or  citizens  of  the  most  favored  nation. 

Article  VII. 

' The  citizens  and  subjects  of  neither  of  the  contracting  parties  shall 
be  liable  to  any  embargo,  nor  be  detained  with  their  vessels,  cargoes 
or  merchandise  or  effects,  for  any  military  expedition,  nor  for  any 
public  or  private  purpose  whatever,  without  allowing  to  those  inter- 
ested a sufficient  indemnification. 


13G 


TREATIES,  CONVENTIONS,  ETC. 


Article  VIII. 

Whenever  the  citizens  or  subjects  of  either  of  the  contracting  par- 
ties shall  be  forced  to  seek  refuge  or  asylum  in  the  rivers,  bays,  ports 
or  dominions  of  the  other,  with  their  vessels,  whether  of  merchant 
or  of  war,  public  or  private,  through  stress  of  weather,  pursuit  of 
jiirates  or  enemies,  they  shall  be  received  and  treated  with  humanity, 
giving  to  them  all  favor  and  protection,  for  repairing  their  ships, 
procuring  provisions,  and  placing  themselves  in  a situation  to  con- 
tinue their  voyage  without  obstacle  or  hindrance  of  any  kind. 

Article  IX. 

All  the  ships,  merchandise  and  effects  belonging  to  the  citizens  or 
subjects  of  one  of  the  contracting  parties,  which  may  be  captured  by 
pirates,  whether  within  the  limits  of  its  jurisdiction,  or  on  the  high 
seas,  and  may  be  carried  or  found  in  the  rivers,  roads,  ports,  bays  or 
dominions  of  the  other,  shall  be  delivered  up  to  the  owners,  they 
proving  in  due  and  proper  form  their  rights  before  the  competent 
tribunals,  it  being  well  understood  that  the  claim  should  be  made 
within  the  term  of  one  year  by  the  parties  themselves,  their  attorneys 
or  agents  of  their  respective  Governments. 

Article  X. 

Vlien  any  vessel  belonging  to  the  citizens  or  subjects  of  either  of 
the  contracting  parties  shall  be  wrecked,  foundered,  or  shall  suffer 
any  damage  on  the  coasts  or  within  the  dominions  of  the  other,  there 
shall  be  given  to  them  all  assistance  and  protection,  in  the  same  man- 
ner which  is  usual  and  customary  with  the  vessels  of  the  nation  where 
the  damage  haiipens,  permitting  them  to  unload  the  said  vessel,  if 
necessary,  of  its  merchandise  and  effects,  without  exacting  for  it  an}’ 
duty,  impost  or  contribution  whatever,  until  they  may  be  exported, 
unless  they  be  destined  for  consumption. 

Article  XI. 

The  citizens  or  subjects  of  each  of  the  contracting  parties  shall 
have  jiower  to  dispose  of  their  personal  goods  within  the  jurisdic- 
tion of  the  other,  by  sale,  donation,  testament  or  otherwise;  and 
their  representatives,  being  citizens  or  subjects  of  the  other  party, 
shall  succeed  to  the  said  personal  goods,  whether  by  testament,  or 
ab  inte.stato,  and  they  may  take  possession  thereof,  either  by  them- 
selves, or  others  acting  for  them,  and  dispose  of  the  same  at  their 
will,  paying  such  dues  only  as  the  inhabitants  of  the  countr}’  Avherein 
said  goods  are  shall  be  ‘subject  to  pay  in  like  cases;  and  if,  in  the  case 
of  real  estate,  the  said  heirs  Avould  be  prevented  from  entering  into 
tlie  ])()ssession  of  the  inheritance  on  account  of  their  character  of 
aliens,  there  shall  be  granted  to  them  the  term  of  three  years  to  dis- 
pose of  the  same  as  they  may  think  proper,  and  to  Avithdraw  the  pro- 
ceeds Avithout  molestation,  nor  any  other  charges  than  those  Avhich 
are  imposed  by  the  hiAvs  of  the  country. 


BRAZIL— 1828. 


137 


Article  XII. 

Both  the  contracting  parties  promise  and  engage  formally  to  give 
their  siiecial  protection  to  the  persons  and  property  of  the  citizens 
and  subjects  of  each  other,  of  all  occupations,  who  may  be  in  their 
territories,  subject  to  the  jurisdiction  of  the  one  or  the  other,  tran- 
sient or  dwelling  therein,  leaving  open  and  free  to  them  the  tribunals 
of  justice  for  their  judicial  intercourse,  on  the  same  terms  which  are 
usual  and  customary  with  the  natives  or  citizens  and  subjects  of  the 
country  in  which  they  may  be ; for  which  they  may  employ,  in  de- 
fence of  their  rights,  such  advocates,  solicitors,  notaries,  agents  and 
factors,  as  they  may  judge  proper  in  all  their  trials  at  law. 

Article  XIII. 

/ 

It  is  likewise  agreed  that  the  most  perfect  and  entire  security  of 
conscience  shall  be  enjoyed  by  the  citizens  or  subjects  of  both  the 
contracting  parties,  in  the  countries  subject  to  the  jurisdiction  of  the 
one  and  the  other,  without  their  being  liable  to  be  disturbed  or  mo- 
lested on  account  of  their  religious  belief,  so  long  as  they  respect  the 
laws  and  established  usages  of  the  country.  Moreover,  the  bodies  of 
the  citizens  and  subjects  of  one  of  the  contracting  parties  who  may 
die  in  the  territories  of  the  other  shall  be  buried  in  the  usual  burying 
grounds,  or  in  other  decent  or  suitable  places,  and  shall  be  protected 
from  violation  or  disturbance. 

Article*  XIV. 

It  shall  be  lawful  for  the  citizens  and  subjects  of  the  United  States 
of  America  and  of  the  Empire  of  Brazil,  to  sail  with  their  ships,  with 
all  manner  of  liberty  and  security,  no  distinction  being  made  Avho  are 
the  proprietors  of  the  merchandise  laden  thereon,  from  any  port  to 
the  places  of  those  who  now  are,  or  who  hereafter  shall  be,  at  enmity 
with  either  of  the  contracting  parties.  It  shall  likewise  be  lawful 
for  the  citizens  and  subjects  aforesaid  to  sail  with  the  ships  and  mer- 
chandises before  mentioned,  and  to  trade  with  the  same  liberty  and 
securit}",  from  the  places,  ports  and  havens  of  those  who  are  enemies 
of  either  party,  Avithout  any  opposition  or  disturbance  whatsoeA^er, 
not  only  clirectly  from  the  places  of  the  enemy  before  mentioned  to 
neutral  places,  but  also  from  one  place  belonging  to  an  enemy  to  an- 
other place  belonging  to  an  enemy,  Avhether  they  be  under  the  juris- 
diction of  one  power  or  under  seA'eral.  And  it  is  hereby  stipulated 
that  free  ships  shall  also  give  freedom  to  goods,  and  that  everything 
shall  be  deemed  to  be  free  and  exempt  which  shall  be  found  on  board 
the  ships  belonging  to  the  citizens  or  subjects  of  either  of  the  con- 
tracting parties,  although  the  AA-hole  lading,  or  any  part  thereof, 
should  appertain  to  the  enemies  of  either,  contraband  goods  being 
always  excepted.  It  is  also  agreed  in  like  manner  that  the  same  lib- 
erty be  extended  to  persons  who  are  on  board  a free  ship,  with  this 
effect,  that,  although  they  be  enemies  to  both  or  either  party,  they 
are  not  to  be  taken  out  of  that  free  ship  unless  they  are  officers  or 
soldiers  and  in  the  actual  service  of  the  enemies ; provided,  howeA^er, 


138 


TREATIES,  CONVENTIONS,  ETC. 


and  it  is  hereby  agreed,  that  the  stipulations  in  this  article  contained, 
declaring  that  "the  hag  shall  cover  the  property,  shall  be  understood 
as  applying  to  those  powers  only  who  recognize  this  principle;  but 
if  eitlier  of  the  two  contracting  parties  shall  be  at  war  with  a third 
and  the  other  neutral,  the  flag  of  the  neutral  shall  cover  the  property 
of  enemies  whose  Governments  acknowledge  this  princi^fle  and  not  of 
others. 

Article  XV. 

It  is  likewise  agreed  that,  in  the  case  where  the  neutral  flag  of  one 
of  the  contracting  parties  shall  protect  the  property  of  the  enemies 
of  the  other,  by  virtue  of  the  above  stipulation,  it  shall  always  be 
understood  that  the  peutral  property  found  on  board  such  enemy's 
vessels  shall  be  held  and  considered  as  enemy’s  property,  and  as  such 
shall  be  liable  to  detention  and  confiscation,  except  such  property  as 
was  put  on  board  such  vessel  before  the  declaration  of  war,  or  even 
afterwards,  if  it  were  done  without  the  knowledge  of  it;  but  the  con- 
tracting parties  agree  that,  four  months  having  elapsed  after  the 
declaration,  their  citizens  shall  not  plead  ignorance  thereof.  On  the 
contrary,  if’the  flag  of  the  neutral  does  not  j^rotect  the  enemy’s  prop- 
erty, in  that  case  the  goods  and  merchandise  of  the  neutral  embarked 
in  such  enemj^’s  ship  shall  be  free. 

Article  XVI. 

This  liberty  of  commerce  and  navigation  shall  extend  to  all  kinds 
of  merchandises,  excepting  those  only  which  are  distinguished  by  the 
name  of  contraband ; and  under  this  name  of  contraband  or  prohib- 
ited goods  shall  be  comprehended — 

1st.  Cannons,  mortars,  howitzers,  swivels,  blunderbusses,  muskets, 
fuzees,  rifles,  carliines,  pistols,  j^ikes,  swords,  sabres,  lances,  spears, 
hallierds  and  grenades,  bombs,  powder,  matches,  balls  and  all  other 
things  belonging  to  the  use  of  these  arms. 

2d.  Bucklers,  helmets,  breast  plates,  coats  of  mail,  infantry  belts 
and  clothes  made  up  in  the  form  and  for  a military  use. 

3d.  Cavalry  belts,  and  horses  with  their  furniture. 

1th.  And  generally  all  kinds  of  arms  and  instruments  of  iron, 
steel,  brass  and  copper  or  of  any  other  materials  manufactured,  pre- 
jiared  and  formed  expressly  to  make  war  by  sea  or  land. 

Article  XVII. 

All  other  merchandise  and  things  not  comprehended  in  the  articles 
of  contraband,  expressly  enumerated  and  classified  as  above,  shall 
lie  held  and  considered  as  free  and  subjects  of  free  and  lawful  com- 
mei'ce.  so  that  they  may  be  carried  and  transported  in  the  freest  man- 
ner by  both  the  contracting  parties,  even  to  places  belonging  to  an 
enemy,  excepting  only  those  places  which  are  at  that  time  besieged 
or  blockaded : and,  to  avoid  all  doubt  in  this  particular,  it  is  declared 
that  those  ]ilaces  are  only  besieged  or  blockaded  which  are  actually 
attacked  by  a force  capalile  of  preventing  the  entry  of  the  neutral. 


BRAZIL 1828. 


139 


Article  XVIII. 

The  articles  of  contraband,  before  enumerated  and  classified,  which 
may  be  found  in  a vessel  bound  for  an  enemy’s  port,  shall  be  subject 
to  detention  and  confiscation,  leaving  free  the  rest  of  the  cargo  and 
the  ship,  that  the  owners  may  dispose  of  them  as  they  see  proper. 
Xo  vessel  of  either  of  the  two  nations  shall  be  detained  on  the  high 
seas  on  account  of  having  on  board  articles  of  contraband,  whenever 
the  master,  captain,  or  supercargo  of  said  vessels  will  deliver  up  the 
articles  of  contraband  to  the  captor,  unless  the  quantity  of  such  arti- 
cles be  so  great  and  of  so  large  a bulk  that  they  cannot  be  received  on 
board  the  capturing  ship  without  great  inconvenience;  but  in  this 
and  all  the  other  cases  of  just  detention  the  vessel  detained  shall  be 
sent  to  the  nearest  convenient  and  safe  port  for  trial  and  judgment, 
according  to  law. 

Article  XIX. 


And  whereas  it  frequently  happens  that  vessels  sail  for  a port  or  a 
place  belonging  to  an  enemy,  without  knowing  that  the  same  is  be- 
sieged, blockaded,  or  invested,  it  is  agreed  that  every  vessel  so  cir- 
cumstanced may  be  turned  away  from  such  port  or  place,  but  shall 
not  be  detained,  nor  shall  any  part  of  her  cargo,  if  not  contraband,  be 
confiscated,  unless,  after  warning  of  such  blockade  or  investment 
from  any  officer  commanding  a vessel  of  the  blockading  forces,  she 
shall  again  attempt  to  enter;  but  she  shall  be  permitted  to  go  to  any 
other  port  or  place  she  shall  think  proper.  Xor  shall  any  vessel  of 
either  that  may  have  entered  into  such  port  before  the  same  was 
actually  besieged,  blockaded  or  invested  by  the  other,  be  restrained 
from  quitting  such  place  Avith  her  cargo,  nor  if  found  therein  after 
the  reduction  and  surrender  shall  such  A'essel  or  her  cargo  be  liable 
to  confiscation,  but  they  shall  be  restored  to  the  owners  thereof.  And 
if  any  I'essel  having  thus  entered  the  port  before  the  blockade  took 
place,  shall  take  on  board  a cargo  after  the  blockade  be  established, 
she  shall  be  subject  to  being  warned  by  the  blockading  forces  to  re- 
turn to  the  port  blockaded  and  discharge  the  said  cargo,  and  if  after 
receiving  the  said  ivarning  the  vessel  shall  persist  in  going  out  ivith 
the  cargo,  she  shall  be  liable  to  the  same  consequences  as  a vessel  at- 
tempting to  enter  a blockaded  port  after  being  warned  off  by  the 
blockading  forces. 

Article  XX. 

In  order  to  prevent  all  kinds  of  disorder  in  the  idsiting  and  exami- 
nation of  the  ships  and  cargoes  of  both  the  contracting  parties  on  the 
high  seas,  they  have  agreed  mutually,  that  Avhenever  a A^essel  of  Avar, 
public  or  private,  shall  meet  with  a neutral  of  the  other  contracting 
party,  the  first  shall  remain  at  the  greatest  distance  compatible  with 
making  the  Ausit  under  the  circumstances  of  the  sea  and  wind  and 
the  degree  of  suspicion  attending  the  vessel  to  be  Ausited  and  shall 
send  its  smallest  boat,  in  order  to  execute  the  said  examination  of  the 
papers  concerning  the  ownership  and  cargo  of  the  vessel,  Avithout 
causing  the  least  extortion,  violence  or  ill  treatment,  for  Avhich  the 
commanders  of  the  said  armed  ships  shall  be  responsible  with  their 
persons  and  property ; for  which  purpose  the  commanders  of  the  said 


140 


TREATIES,  CONVENTIONS,  ETa 


])i-ivate  armed  vessels  shall,  before  receiving  their  commissions,  give 
sufficient  security  to  ansAver  for  all  the  damages  they  may  commit; 
and  it  is  expressly  agreed  that  the  neutral  party  shall  in  no  case  be 
required  to  go  on  board  the  examining  vessel,  for  the  purpose  of 
exhibiting  her  iiajAers,  or  for  any  other  purpose  whatever. 

Article  XXI. 

To  avoid  all  kind  of  A’exation  and  abuse  in  the  examination  of  the 
papers  relating  to  the  ownership  of  the  vessels  belonging  to  the  citi- 
zens and  subjects  of  the  two  contracting  parties,  they  have  agreed  and 
do  agree,  that  in  case  one  of  them  shall  be  engaged  in  war,  the  ships 
and  vessels  belonging  to  the  citizens  or  subjects  of  the  other  must  be 
furnished  Avith  sea-letters  or  passports,  expressing  the  name,  property 
and  bulk  of  the  ship,  as  also  the  name  and  place  of  habitation  of  the 
master  or  commander  of  said  A^essel,  in  order  that  it  may  thereby 
appear  that  the  ship  really  and  truly  belongs  to  the  citizens  or  sub- 
jects of  one  of  the  parties;  they  have  likewise  agreed,  that  such  ships 
being  laden,  besides  the  said  sea-letters  or  passports,  shall  also  be 
provided  Avith  certificates,  containing  the  several  particulars  of  the 
cargo,  and  the  place  whence  the  ship  sailed,  so  that  it  may  be  known 
Avhether  any  forbidden  or  contraband  goods  be  on  board  the  same; 
Avhich  certificates  shall  be  made  out  by  the  officers  of  the  place  whence 
the  ship  sailed,  in  the  accustomed  form ; without  such  requisites  said 
vessel  may  be  detained,  to  be  adjudged  by  the  competent  tribunal,  and 
may  be  declared  legal  prize,  unless  the  said  defect  shall  be  proA^ed 
to  be  OAving  to  accident,  and  be  satisfied  or  supplied  by  testimony 
entirely  equivalent. 

Article  XXTI. 

It  is  further  agreed  that  the  stipulations  aboA^e  expressed,  relative 
to  the  visiting  and  examining  of  A'essels,  shall  apply  only  to  those 
Avhich  sail  Avithout  coiiAmy;  and  AAdien  said  A^essel  shall  be  under  con- 
voy, the  verbal  declaration  of  the  commander  of  the  convoy,  on  his 
AA’ord  of  honor,  that  the  Aessels  under  his  protection  belong  to  the 
nation  AA'hose  flag  he  carries ; and  Avhen  they  are  bound  to  an  enemy’s 
port,  that  they  liaA^e  no  contraband  goods  on  board,  shall  be  sufficient. 

Article  XXIII. 

It  is  further  agreed  that  in  all  cases  the  established  courts  for 
prize  causes,  in  the  countries  to  Avhich  the  prizes  may  be  conducted, 
shall  alone  take  cognizance  of  them.  And  Avhenever  such  tribunal, 
of  either  party,  shall  pronounce  judgment  against  any  A^essel,  or 
goods,  or  property  claimed  by  the  citizens  or  subjects  of  the  other 
party,  the  sentence  or  decree  shall  mention  the  reasons  or  moti\^es  on 
Avhich  the  same  shall  luiA’e  been  founded,  and  an  authenticated  copy 
of  (he  sentence  or  decree,  and  of  all  the  proceedings  in  the  case,  shall, 
if  demanded,  be  deliA'ered  to  the  commander  or  agent  of  said  vessel, 
Avithout  any  tlelay,  he  paying  the  legal  fees  for  the  same. 


BEAZIL — 1828, 


141 


Article  XXIV. 

Whenever  one  of  the  contracting  parties  shall  be  engaged  in  war 
with  another  State,  no  citizen  or  subject  of  the  other  contracting 
party  shall  accept  a commission  or  letter  of  marque  for  the  purpose  of 
resisting  or  cooperating  hostilely  with  the  said  enemy,  against  the 
said  party  so  at  war,  under  the  pain  of  being  treated  as  a pirate. 

Article  XXV. 

If,  by  any  fatalit}^  which  cannot  be  expected,  and  which  God  for- 
bid, the  two  contracting  parties  should  be  engaged  in  a war  with  each 
other,  they  have  agreed,  and  do  agree,  now  for  then,  that  there  shall 
be  allowed  the  term  of  six  months  to  the  merchants  residing  on  the 
coasts  and  in  the  ports  of  each  other  and  the  term  of  one  j'^ear  to  those 
who  dwell  in  the  interior,  to  arrange  their  business  and  transport  their 
effects  wherever  they  jilease,  giving  to  them  the  safe  conduct  neces- 
sary for  it,  which  may  serve  as  a sufficient  protection  until  they  arrive 
at  the  designated  port.  The  citizens  and  subjects  of  all  other  occupa- 
tions, who  may  be  established  in  the  territories  or  dominions  of  the 
United  States,  and  of  the  Empire  of  Brazil,  shall  be  respected  and 
maintained  in  the  full  enjo3mient  of  their  personal  liberty  and  prop- 
erty, unless  their  particular  conduct  shall  cause  them  to  forfeit  this 
protection,  which,  in  consideration  of  humanity,  the  contracting  par- 
ties engage  to  give  them. 

Article  XXVI. 

Neither  the  debts  due  from  the  individuals  of  the  one  nation  to  the 
individuals  of  the  other,  nor  shares  nor  money  which  they  may  have 
in  public  funds  nor  in  public  or  private  banks,  shall  ever  in  any  event 
of  war  or  national  difference  be  sequestrafed  or  confiscated. 

Article  XXVII. 

Both  the  contracting  parties  being  desirous  of  avoiding  all  in- 
equality in  relation  to  their  public  communications  and  official  inter- 
course, have  agreed  and  do  agree,  to  grant  to  their  Envoys,  Ministers, 
and  other  public  Agents,  the  same  favors,  immunities  and  exemptions 
which  those  of  the  most  favored  nation  do  or  shall  enjoy;  it  being 
understood  that  whatever  favors,  immunities  or  privileges  the  United 
-States  of  America  or  the  Empire  of  Brazil  may  find  it  proper  to  give 
the  Ministers  and  public  Agents  of  anj^  other  power,  shall,  by  the 
same  act,  be  extended  to  those  of  each  of  the  contracting  parties. 

Artici-e  XXVIII. 

To  make  more  effectual  the  protection  which  the  United  States  and 
the  Empire  of  Brazil  shall  afford  in  future  to  the  navigation  and 
commerce  of  the  citizens  and  subjects  of  each  other,  they  agree  to  re- 
ceive and  admit  Consuls  and  Vice-Consuls  in  all  the  ports  open  to 
foreign  commerce,  who  shall  enjov  in  them  all  the  rights,  prerogatives 
and  immunities  of  the  Consuls  and  Vice-Consuls  of  the  most  favored 
nation;  each  contracting  jiarty,  however,  remaining  at  liberty  to  ex- 


142 


TREATIES,  CONVENTIONS,  ETC. 


cejjt  those  ports  and  places  in  which  the  admission  and  residence  of 
such  Consuls  may  not  seem  convenient. 

Article  XXIX. 

In  order  that  the  Consuls  and  Vice-Consuls  of  the  two  contracting 
parties  may  enjoy  the  rights,  prerogatives  and  immunities  which 
belong  to  them  by  their  public  character,  they  shall,  before  entering 
on  the  exercise  of  their  functions,  exhibit  their  commissions  or  patent, 
in  due  form,  to  the  Government  to  Avhich  they  are  accredited;  and 
having  obtained  their  exequatur,  they  shall  be  held  and  considered 
as  such  by  all  the  authorities,  magistrates  and  inhabitants  in  the 
consular  district  in  which  the}'  reside. 

Article  XXX. 

It  is  likewise  agreed  that  the  Consuls,  their  secretaries,  officers  and 
jiersons  attached  to  the  service  of  Consuls,  they  not  being  citizens  or 
subjects  of  the  country  in  which  the  Consul  resides,  shall  be  exempt 
from  all  public  service,  and  also  from  all  kinds  of  taxes,  imposts,  and 
contributions,  except  those  which  they  shall  be  obliged  to  pay  on 
account  of  commerce  or  their  property,  to  which  the  citizens  or  sub- 
jects and  inhabitants,  native  and  foreign,  of  the  country  in  which 
they  reside  are  subject;  being  in  everything  besides  subject  to  the 
hiAvs  of  their  respective  States.  The  archives  and  papers  of  the  con- 
sulate shall  be  respected  inviolably,  and  under  no  pretext  whatever 
shall  any  magistrate  seize  or  in  any  way  interfere  with  them. 

Article  XXXI. 

The  said  Consuls  shall  have  power  to  require  the  assistance  of  the 
authorities  of  the  country  for  the  arrest,  detention,  and  custody  of 
deserters  from  the  public  and  private  vessels  of  their  country,  and 
for  that  purpose  they  shall  address  themselves  to  the  courts,  judges 
and  officers  com^ietent,  and  shall  demand  the  said  deserters  in  writing, 
proving  by  an  exhibition  of  the  registers  of  the  vessel  or  ship’s  roll 
or  other  public  documents,  that  those  men  Avere  part  of  said  crews; 
and  on  this  demand  so  proA'ed,  (saA'ing,  however,  Avhere  the  contrary 
is  proved,)  the  delivery  shall  not  be  refused.  Such  deserters,  when 
arrested,  shall  be  put  at  the  disposal  of  said  Consuls,  and  may  be  put 
in  the  public  prison,  at  the  request  and  expense  of  those  who  reclaim 
them,  to  be  sent  to  the  shijis  to  which  they  belonged  or  to  others  of 
the  same  nation.  But  if  they  be  not  sent  back  within  two  months,  to 
1)0  counted  from  the  day  of  their  arrest,  they  shall  be  set  at  liberty, 
and  shall  no  more  be  arrested  for  the  same  cause. 

Article  XXXII. 

For  the  purpose  of  more  effectually  protecting  their  commerce  and 
navigation,  the  tAvo  contracting  parties  do  hereby  agree,  as  soon  here- 
after as  circumstances  will  permit  them,  to  form  a consular  conven- 
tion, Avhich  shall  declare  specially  the  powers  and  immunities  of  the 
Consuls  and  Vice-Consuls  of  the  respective  parties. 


BRAZIL — 1828. 


143 


Article  XXXIII. 

The  United  States  of  America  and  the  Emperor  of  Brazil,  desiring 
to  make  as  durable  as  circumstances  will  permit  the  relations  which 
are  to  be  established  between  the  two  parties  by  virtue  of  this  treaty, 
or  general  convention  of  peace,  amity,  commerce  and  navigation,  have 
declared  solemnly  and  do  agree  to  the  following  points : 

1st.  The  present  treaty  shall  be  in  force  for  twelve  j^ears  from  the 
date  hereof,  and  further  until  the  end  of  one  year  after  either  of  the 
contracting  parties  shall  have  given  notice  to  the  other  of  its  inten- 
tion to  terminate  the  same ; each  of  the  contracting  parties  reserving 
to  itself  the  right  of  giving  such  notice  to  the  other  at  the  end  of  said 
term  of  twelve  years;  and  it  is  hereby  agreed  between  them,  that  on 
the  expiration  of  one  year  after  such  notice  shall  have  been  received 
by  either  from  the  other  partjL  this  treaty,  in  all  the  parts  relating  to 
commerce  and  navigation,  shall  altogether  cease  and  determine,  and 
in  all  those  parts  which  relate  to  peace  and  friendship  it  shall  be 
Ijermanently  and  perpetually  binding  on  both  powers. 

2d.  If  any  one  or  more  of  the  citizens  or  subjects  of  either  party 
shall  infringe  any  of  the  articles  of  this  treaty,  such  citizen  or  sub- 
ject shall  be  held  personally  responsible  for  the  same,  and  the  har- 
mony and  good  correspondence  between  the  nations  shall  not  be 
interruiAed  thereby;  each  party  engaging  in  no  way  to  protect  the 
oflPender  or  sanction  such  violation. 

3d.  If,  (which,  indeed,  cannot  be  expected,)  unfortunately,  any  of 
the  articles  contained  in  the  present  treaty  shall  be  violated  or  in- 
fringed in  any  way  whatever,  it  is  expressly  stipulated,  that  neither 
of  the  contracting  parties  will  order  or  authorize  any  acts  of  reprisal, 
nor  declare  war  against  the  other,  on  complaints  of  injuries  or  dam- 
ages, until  the  said  party  considering  itself  offended  shall  first  have 
2iresented  to  the  other  a statement  of  such  injuries  or  damages,  veri- 
fied by  competent  proof,  and  demanded  justice  and  satisfaction,  and 
the  same  shall  have  been  either  refused  or  unreasonably  delayed. 

4th.  Xothing  in  this  treaty  contained  shall,  however,  be  construed 
to  operate  contrary  to  former  and  existing  public  treaties  with  other 
Sovereigns  or  States. 

The  present  treaty  of  peace,  amity,  commerce  and  navigation  shall 
be  approved  and  ratified  by  the  President  of  the  United  States,  by 
and  with  the  advice  and  consent  of  the  Senate  thereof,  and  by  the 
Emperor  of  Brazil,  and  the  ratifications  shall  be  exchanged  within 
eight  months  from  the  date  of  the  signature  hereof,  or  sooner  if 
possible. 

In  faith  whereof  we,  the  Plenipotentiaries  of  the  United  States  of 
.vmerica  and  of  His  Majesty  the  Emperor  of  Brazil,  have  signed  and 
'caled  these  presents. 

Done  in  the  City  of  Rio  de  Janeiro,  this  twelfth  day  of  the  month 
of  December,  in  the  year  of  our  Lord  Jesus  Christ  one  thousand  eight 
hundred  and  twenty-eight, 

[seal.] 

[seal.] 

[seal.] 


W.  Tudor. 

Marquez  de  Aracaty. 

Miguel  de  Souza  Mello  E Alvim. 


144 


TREATIES,  CONVENTIONS,  ETC. 


1849. 

Claims  Convention. 

Concluded  January  27^  1849;  ratification  advised  Toy  the  Senate 
January  14,  1849;  ratifed  hy  the  President  January  18,  1850;  rati- 
fication exchanged  January  18, 1850;  'proclaimed  January  19, 1850. 

Articles. 


I.  Claims  to  be  paid. 

II.  Brazil  exonerated  from  responsi- 
bility. 

III.  Procedure. 


IV.  Time  of  payment. 
V.  Interest. 

VI.  Ratification. 


In  the  name  of  the  Most  Holy  and  Indivisible  Trinity. 

The  United  States  of  America  and  His  Majesty  the  Emperor  of 
Brazil,  desiring  to  remove  every  cause  that  might  interfere  with  the 
good  understanding  and  harmony  which  now  happily  exists  between 
them, and  which  it  is  so  much  the  interest  of  both  countries  to  maintain ; 
and  to  come,  for  that  purpose,  to  a definitive  understanding,  equally 
just  and  honorable  to  each,  as  to  the  mode  of  settling  the  long- 
pending  questions  arising  out  of  claims  of  citizens  of  said  States,  have 
for  the  same  appointed  and  conferred  full  powers,  respectively,  to  wit : 

The  President  of  the  United  States  of  America,  on  David  Tod, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  from  the  said 
States  near  the  court  of  Brazil;  and  His  Majesty  the  Emperor  of 
Brazil,  upon  the  most  illustrious  and  most  excellent  Viscount  of 
Olinda,  of  his  Council,  and  of  the  Council  of  State,  Senator  and  Gran- 
dee of  the  Empire,  Grand  Cross  of  the  Order  of  Saint  Stephen  of 
Hungary,  of  the  Legion  of  Honor  of  France,  and  of  Saint  Maurice  and 
Saint  Lazarus  of  Sardinia,  Officer  of  the  Imperial  Order  of  the  Cross, 
Commander  of  the  Order  of  Christ,  President  of  the  Council  of 
Ministers,  Mini.ster  and  Secretary  of  State  for  Foreign  Affairs; 

Who,  after  exchanging  their  full  powers,  which  were  found  in  good 
and  proper  form,  agreed  to  the  following  articles: 

Article  I. 

The  two  high  contracting  parties,  appreciating  the  difficulty  of 
agreeing  upon  the  subject  of  said  reclamations,  from  the  belief  enter- 
tained by  each — one  of  the  justice  of  the  claims,  and  the  other  of  their 
injustice — and  being  convinced  that  the  only  equitable  dnd  honorable 
method  by-  which  the  two  countries  can  arrive  at  a perfect  under- 
standing of  said  questions  is  to  adjust  them  by  a single  act,  they  mu- 
tually agreed,  after  a mature  examination  of  these  claims,  and,  in 
order  to  carry  this  agreement  into  execution,  it  becomes  the  duty  of 
Brazil,  to  place  at  the  disposition  of  the  President  of  the  United 
States  the  amount  of  five  hundred  and  thirty  thousand  miireis,  cur- 
rent money  of  Brazil,  as  a reasonable  and  equitable  sum ; which  shall 
comprehend  the  whole  of  the  reclamations,  whatever  may  be  their 
nature  and  amount  and  as  full  compensation  for  the  indemnifications 
claimed  by  the  Government  of  said  States,  to  be  paid  in  a round  sum, 
without  reference  to  any  one  of  said  claims,  upon  the  merits  of  which 
the  two  high  contracting  pai’ties  refrain  from  entering;  it  being  left 
to  the  Government  of  the  I''^nited  States  to  estimate  the  justice  that 
may  pertain  to  the  claimants,  for  the  purpose  of  distributing  among 


BRAZIL — 1849. 


145 


them  the  aforesaid  sum  of  five  hundred  and  thirty  thousand  milreis  as 
is  may  deem  most  proper. 

Article  II. 

In  conformity  to  what  is  agreed  upon  in  the  preceding  article,  Brazil 
is  exonerated  from  all  responsibility  springing  out  of  the  aforesaid 
claims  presented  by  the  Government  of  the  United  States  up  to  the 
date  of  this  convention,  which  can  neither  be  reproduced  nor  recon- 
sidered in  future. 

Article  III. 

In  order  that  the  Government  of  the  United  States  may  be  enabled 
properly  to  consider  the  claims  of  the  citizens  of  said  States,  they 
remaining,  as  above  declared,  subject  to  its  judgment,  the  respective 
documents  which  throw  light  upon  them  shall  be  delivered  by  the 
Imperial  Government  to  that  of  the  United  States,  so  soon  as  this  con- 
vention shall  receive  the  ratification  of  the  Government  of  said  States. 

Article  IV. 

The  sum  agreed  upon  shall  be  paid  by  the  Imperial  Government  to 
that  of  the  United  States,  in  the  current  money  of  Brazil,  as  soon  as 
the  exchange  of  the  ratifications  of  this  convention  is  made  known  in 
this  capital,  for  which  His  Majesty  the  Emperor  of  Brazil  pledges 
himself  to  obtain  the  necessary  funds  at  the  next  session  of  the  legis- 
lature. 

Article  V. 

The  payment  of  the  sum  above  named,  of  five  hundred  and  thirty 
thousand  milreis,  shall  not  be  made  until  after  the  reception  of  the 
notice  in  this  capital  of  the  exchange  of  ratifications;  but  the  said 
sum  shall  bear  interest,  at  six  per  centum  per  annum,  from  the  first 
day  of  July  next.  The  Imperial  Government,  however,  obliges  itself 
to  make  good  that  interest  only  when,  in  conformity  to  the  preceding 
article  of  this  convention,  the  amount  stipulated  shall  be  paid. 

Article  VI. 

The  present  convention  shall  be  ratified,  and  the  ratifications  ex- 
changed, in  Washington,  within  twelve  months  after  it  is  signed  in 
this  capital,  or  sooner  if  possible. 

In  faith  of  which  we.  Plenipotentiaries  of  the  United  States  of 
America  and  of  His  Majesty  the  Emperor  of  Brazil,  sign  and  seal 
the  same. 

Done  in  the  city  of  Rio  de  Janeiro,,  this  twenty-seventh  day  of 
January,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
forty-nine. 

[seal.]  David  Tod. 

[seal.]  Visconde  de  Olinda. 


The  amount  of  530,000  milreis  under  the  foregoing  convention 
was  paid  by  Brazil  in  satisfaction  of  claims  made  by  United  States 
citizens,  and  the  amount  was  distributed  by  the  United  States. 
24449— VOL  1—10 10 


146 


TREATIES,  CONVENTIONS,  ETC. 


1878. 

Agreement  Concerning  Trade-Marks. 

Concluded  September  1878,"  ratification  advised  hy  Senate  Janu- 
ary 20, 1879;  proclaimed  J une  17, 1879. 

The  Government  of  the  United  States  of  America  and  the  Govern- 
ment of  His  Majesty  the  Emperor  of  Brazil,  with  a view  to  the 
reciprocal  protection  of  the  marks  of  manufacture  and  trade  in  the 
two  countries,  have  agreed  as  follows: 

The  citizens  or  subjects  of  the  two  High  Contracting  Parties  shall 
have  in  the  dominions  and  possessions  of  the  other,  the  same  rights  as 
belong  to  native  citizens  or  subjects,  in  everything  relating  to 
property  in  marks  of  manufacture  and  trade. 

It  is  understood  that  any  person  who  desires  to  obtain  the  aforesaid 
protection  must  fulfill  the  formalities  required  by  the  laws  of  the 
respective  countries. 

In  witness  whereof  the  undersigned  duly  authorized  to  this  end, 
have  signed  the  present  agreement  and  have  affixed  thereto  the  seals 
of  their  arms. 

Done  in  duplicate  at  Rio  de  Janeiro  the  twenty-fourth  day  of  the 
month  of  September,  one  thousand  eight  hundred  and  seventy-eight. 

[seal.]  Henry  Washington  Hilliard. 

[seal,]  B.  de  Villa  Bella. 


1897. 

Extradition  Coni’ention  and  Protocol. 

Concluded,  respectively.  May  Ilf,  1897,  and  May  28,  1898;  ratification 
ad  vised  hy  Senate  February  28, 1899;  ratified  by  President  February 
IS,  1903;  ratifications  exchanged  April  18,  1903;  proclaimed  April 
30,  1903. 

Articles. 

VIII.  Limitations. 

IX.  Property  seized  with  fugitive. 

X.  Procedure. 

third  XI.  Provisional  detention. 

XII.  Expenses. 

XIII.  Ratification;  duration. 

coun- 

Protocol. 

5IODIFICATION  OF  ARTICLES  TWO,  THREE,  FOUR,  AND  NINE. 

The  TTnited  States  of  America  and  the  United  States  of  Brazil,  de- 
siring to  strengthen  their  friendly  relations  and  to  facilitate  the 
administration  of  justice  by  the  rejiression  of  crimes  and  offences 
committed  in  their  respective  territories  and  jurisdictions,  have  agreed 


I.  Delivery  of  the  accused. 

II.  Extraditable  crimes. 

III.  Political  offences. 

IV.  Offence  for  which  tried ; 

government. 

V.  Nondelivery  of  citizens. 

I'l.  Extradition  deferred. 

A'll.  Per.'.-on  claimed  by  other 
tries. 


BRAZIL 1897. 


147 


to  celebrate  a treaty  of  extradition  and  have  nominated  for  that 
purpose  the  following  plenipotentiaries : 

The  President  of  the  United  States  of  America,  Mr.  Thomas  L. 
Thompson,  Envoy  Extraordinary  and  Minister  Plenipotentiary  near 
the  Gk)vernment  of  the  United  States  of  Brazil ; 

and'the  President  of  the  United  States  of  Brazil,  General  Dionisio 
Evangelista  de  Castro  Cerqueira,  Minister  of  State  for  Foreign  Rela- 
tions ; 

who  having  made  known  their  respective  full  powers,  which  have 
been  found  in  good  form,  agree  upon  the  following  articles : 

Article  I. 

The  Government  of  the  United  States  of  America  and  the  Govern- 
ment of  the  United  States  of  Brazil  mutually  agree  to  deliver  up  the 
persons  who,  having  been  charged  or  convicted,  as  the  authors  of  or 
accomplices  in  any  of  the  crimes  enumerated  in  the  following  article, 
committed  in  the  jurisdiction  of  one  of  the  contracting  parties,  seeks 
an  asylum  or  be  found  within  the  territories  of  the  other;  provided, 
this  shall  only  take  place  after  such  evidence  of  criminality  as,  ac- 
cording to  the  laws  of  the  place  where  the  person  or  fugitive  so 
charged  shall  be  found,  would  justifv’^  his  or  her  apprehension  and 
commitment  for  trial,  if  the  crime  had  there  been  committed. 

Article  II. 

Extradition  shall  be  granted  for  the  following  crimes  and  offences : 

1.  Voluntary  homicide,  when  such  act  is  punishable  in  the  United 
States  of  America,  comprehending  the  crimes  of  poisoning  and  infan- 
ticide; murder;  manslaughter. 

2.  Abortion. 

3.  Rape  and  other  offences  against  chastity  committed  with 
violence. 

4.  Bigamy. 

o.  Abduction,  willfully  and  wrongfully  depriving  any  person  of 
natural  liberty. 

6.  Kidnapping  or  child  stealing. 

7.  Arson. 

8.  Piracy,  by  statute  or  by  the  law  of  nations  when  the  state  in 
which  the  offender  is  found  has  no  jurisdiction;  revolt,  or  conspiracy 
to  revolt,  by  two  or  more  persons  on  board  a ship  on  the  high  seas, 
against  the  authority  of  the  master;  to  willfully  and  wrongfully 
cause  shipwreck ; to  wrongfully  and  willfully  collide  with  a vessel ; to 
wrongfully  and  willfully  scuttle  a vessel  for  the  purpose  of  sinking 
it ; to  wrongfully  and  willfully  destroy  a vessel  on  the  high  seas. 

9.  Wrongful  and  willful  destruction  or  obstruction  of  railroads 
which  endangers  human  life. 

10.  Counterfeiting,  falsifying  or  altering  money  of  any  kind,  or  of 
legally  authorized  bank  notes  which  circulate  as  money;  to  utter  or 
to  give  circulation  to  any  such  counterfeited,  falsified  or  altered 
money;  the  falsification  of  instruments  of  debt  created  by  national, 
state  or  municipal  governments,  or  of  the  coupons  thereof;  counter- 
feiting, falsifying  or  altering  seals  of  the  federal  or  state  govern- 
ments ; to  knowingly  use  any  such  instruments  or  papers. 


148 


TREATIES,  CONVENTIONS,  ETC. 


11.  Forgery,  the  utterance  of  forged  papers;  forgery  or  falsifica- 
tion of  official  acts  of  government,  of  public  authorities,  or  of  courts 
of  justice,  of  public  or  private  instruments;  the  use  or  the  utterance 
of  the  thing  forged  or  falsified. 

12.  Perjury,  or  to  bear  false  witness;  to  suborn  or  bribe  a witness. 

13.  Fraud  committed  by  a depositor,  banker,  agent,  broker,  treas- 
urer, director,  member  or  employe  of  any  company  or  corporation. 

14.  Embezzlement,  consisting  in  the  misappropriation  or  theft  of 
public  moneys,  committed  in  the  jurisdiction  of  one  of  the  contracting 
parties,  by  a public  officer  or  depositary. 

15.  Embezzlement,  or  theft  of  moneys,  committed  by  persons  sal- 
aried or  employed,  to  the  detriment  of  those  who  employ  them. 

10.  Burglary,  defined  to  be  the  act  of  entering  during  the  night,  by 
breaking  or  climbing,  the  dwelling-house  of  another,  with  intent  to 
commit  a felony;  robbery,  defined  to  be  the  act  of  feloniously  and 
forcibly  taking  from  another  money  or  goods  of  any  value,  by  vio- 
lence, or  putting  in  fear,  and  known  in  the  Brazilian  Penal  Code  as 
roubo. 

17.  Complicity  in  or  attempts  at  the  commission  of  any  of  the 
crimes  specified  in  the  preceding  sections,  provided  that  such  com- 
plicity or  attem2it  be  punishable  by  the  laws  of  the  country  from 
whence  the  extradition  is  demanded. 

Article  III. 

Extradition  shall  not  be  granted  if  the  offence  on  which  the  surren- 
der is  demanded  be  of  a political  character,  or  if  the  fugitive  jirove 
that  there  is  an  intention  to  try  or  punish  him  for  a political  crime ; 
nor  if  the  circumstances  on  which  extradition  is  demanded  are  con- 
nected with  jiolitical  crimes. 

The  Government  from  which  extradition  is  demanded  will  examine 
the  circumstances,  to  ascertain  whether  the  crime  be  of  a political 
character,  and  its  decision  shall  be  definite. 

The  following  shall  not  be  considered  jDolitical  crimes  when  they 
are  unconnected  with  political  movements,  and  are  such  as  constitute 
murder,  or  willful  and  illegal  homicide,  as  jirovided  for  in  section  1 
of  the  preceding  article : 

1.  An  attemjit  against  the  life  of  the  President  of  the  United  States 
of  America,  or  against  the  life  of  the  Governor  of  any  of  the  States; 
an  attemjDt  against  the  life  of  the  President  of  the  United  States  of 
Brazil,  or  against  the  life  of  the  President  or  Governor  of  any  of  the 
States  thereof; 

2.  An  attempt  against  the  life  of  the  Vice-President  of  the  United 
States  of  America,  or  against  the  life  of  the  Lieutenant-Governor  of 
any  of  the  States;  an  attempt  against  the  life  of  the  Vice-President 
of  the  United  States  of  Brazil,  or  against  the  life  of  the  Vice 
President  or  Vice  Governor  of  any  of  the  States  thereof. 

Article  IV. 

The  person  surrendered  cannot  be  tried  nor  punished  in  the  country 
which  has  obtained  the  extradition,  nor  be  surrendered  to  a third 
country,  for  trial  or  punishment  therein,  for  any  crime  or  offence  not 
mentioned  in  this  treaty,  nor  for  one  committed  previous  to  extra- 


BRAZIL 1897. 


149 


dition,  other  than  the  crime  or  offence  for  which  he  was  extradited, 
unless  such  person  has  been  in  either  case  at  liberty  to  leave  the  coun- 
try which  has  obtained  the  extradition  for  a month  subsequent  to 
trial  therein. 

Furthermore,  such  person  shall  not  be  tried  nor  punished  for  an 
offence  or  crime  mentioned  in  this  treaty  committed  previous  to  the 
extradition,  other  than  the  offence  or  crime  for  which  he  was  extra- 
dited, without. the  consent  of  the  Government  which  has  surrendered 
such  person,  and  the  said  Government  shall  be  able  to  demand  an 
exhibition  of  any  of  the  documents  mentioned  in  Article  X of  the 
present  treaty. 

In  like  manner  the  consent  of  the  said  Government  shall  be  solicited 
if  the  extradition  of  the  offender  is  requested  by  a third  Government ; 
although  this  shall  not  be  necessary  when  the  offender  voluntarily 
requests  trial  or  consents  to  punishment ; or  if  he  fails  to  leave  the  ter- 
ritory of  the  country  to  which  he  has  been  surrendered  within  the 
period  above  fixed. 

Article  V. 

The  contracting  parties  shall  in  no  case  be  obliged  to  surrender  their 
own  citizens  in  virtue  of  the  stipulations  of  the  present  treaty. 

Article  VI. 

If  the  person  shall  be  in  course  of  trial,  or  shall  have  been  convicted 
of  an  offence  other  than  that  for  which  the  surrender  is  demanded, 
extradition  shall  only  take  place  after  the  trial  shall  have  been  con- 
cluded and  the  sentence  fulfilled. 

Article  VII. 

When  the  person  demanded  by  one  of  the  contracting  parties  is  also 
demanded  by  one  or  more  powers  on  account  of  crimes  and  offences 
committed  within  their  respective  jurisdictions,  extradition  shall  be 
conceded  to  the  one  whose  request  is  first  received,  unless  the  Govern- 
ment to  which  the  request  is  made  has  before  agreed  by  treaty  in  case 
of  the  concurrence  of  requests  to  give  preference  to  the  country  of  the 
person’s  origin,  to  the  gravity  of  the  crime,  or  to  the  request  which  is 
of  oldest  date ; in  whichsoever  of  these  cases  the  usual  rule  shall  be 
followed. 

Article  VIII. 

Extradition  shall  be  refused  when  the  action  or  sentence  for  which 
the  offender  is  demanded  shall  have  been  extinguished  by  prescrip- 
tion, according  to  the  law  of  the  country  to  which  the  request  is  made, 
or  when  such  person  shall  have  been  already  tried  and  sentenced  for 
the  same  crime. 

Article  IX. 

All  articles  found  in  the  possession  of  the  person  accused  and 
obtained  through  the  commission  of  the  act  with  which  such  person 
is  charged,  and  may  be  used  as  evidence  of  the  crime  for  which  such 
person  is  demanded,  shall  be  seized  and  surrendered  with  the  person. 


150 


TREATIES,  CONVENTIONS,  ETC. 


Nevertheless,  the  rights  of  third  persons  to  the  articles  so  found  shall 
be  respected. 


Article  X. 

Kequisitions  for  the  surrender  of  fugitives  from  justice  accused  or 
convicted  of  any  of  the  crimes  or  offences  hereinbefore  mentioned 
shall  be  made  by  the  diplomatic  agent  of  the  demanding  Government. 
In  case  of  the  absence  of  such  agent  either  from  the  country  or  from 
the  seat  of  Government  such  requisition  shall  be  made  by  a superior 
consular  officer. 

When  the  person  whose  surrender  is  requested  shall  have  already 
been  convicted  of  the  crime  or  offence  for  which  his  extradition  is  de- 
manded, the  demand  therefor  shall  be  accompanied  by  a copy  of  the 
judgment  of  the  court  or  tribunal  which  has  pronounced  it,  duly 
signed  by  the  judge  of  the  court  or  president  of  the  tribunal;  and  the 
signature  of  the  judge  of  the  court  or  president  of  the  tribunal  shall 
be  authenticated  by  the  proper  executive  officer,  whose  official  char- 
acter shall  in  turn  be  attested  by  the  diplomatic  agent  or  a superior 
consular  officer  of  the  Government  on  which  the  demand  is  made. 

When  the  person  whose  surrender  is  asked  is  merely  charged  with 
the  commission  of  any  of  the  crimes  mentioned  in  the  present  treaty, 
the  application  for  extradition  shall  be  accompanied  by  an  authenti- 
cated copy  of  the  warrant  of  arrest  issued  against  such  person  by  the 
officer  duly  authorized  to  do  so ; and  likewise  by  an  authenticated  copy 
of  the  depositions  or  declarations  made  before  such  officer  and  setting 
forth  the  acts  with  which  the  fugitive  is  charged. 

The  extradition  of  fugitives  under  the  provisions  of  the  present 
treaty  shall  be  carried  out  in  conformity  with  the  laws  and  practice 
for  the  time  being  in  force  in  the  state  on  which  the  demand  is  made, 
without,  however,  denying  recourse  to  the  writ  of  habeas-corpvs. 

Article  XI. 

IWien  the  arrest  and  detention  of  a person  are  desired  on  telegraphic 
or  other  information  in  advance  of  the  presentation  of  the  formal 
proofs  provided  for  in  the  preceding  article  of  the  present  treaty,  the 
following  practice  shall  be  observed : In  the  United  States  of  Amei'ica 
application  shall  be  made  by  the  diplomatic  agent  of  Brazil,  or  in  his 
absence  by  a superior  consular  officer,  to  the  Secretary  of  State,  for 
a certificate  stating  that  request  has  been  made  by  the  Government  of 
the  United  States  of  Brazil  for  the  provisional  arrest  of  a person  con- 
victed or  accused  of  the  commission  within  the  jurisdiction  thereof,  of 
a crime  or  offence  extraditable  under  the  terms  of  the  present  treaty, 
which,  upon  presentation  to  any  competent  judicial  officer  and  upon 
complaint  duly  made  that  such  a crime  or  offence  has  been  so  commit- 
ted, it  shall  be  lawful  for  such  judicial  officer  to  issue  a warrant  for 
the  ap]u-ehension  of  such  person;  And  in  the  United  States  of  Brazil 
upon  request  of  the  Government  of  the  United  States  of  America, 
duly  made  through  its  diplomatic  agent,  or  in  his  absence  by  a superior 
consular  officer  to  the  INIinister  for  Foreign  Relations;  the  provisional 
arrest  shall  be  made  of  any  person  convicted  or  accused  of  the  com- 
mission of  a ciTine  or  offence  extraditable  under  this  treaty. 


BRAZIL 1897. 


151 


But  if  the  formal  requisition  for  surrender  with  the  formal  proofs 
hereinbefore  mentioned,  be  not  made  as  aforesaid  by  the  diplomatic 
agent  of  the  demanding  government,  or  in  his  absence  by  a superior 
consular  officer,  within  sixty  days  from  the  date  of  the  arrest  of  the 
fugitive,  the  prisoner  shall  be  discharged  from  custody. 

Article  XII. 

The  expenses  incurred  in  the  arrest,  detention,  examination  and 
delivery  of  fugitives  under  this  treaty  shall  be  borne  by  the  State  in 
whose  name  the  extradition  is  sought. 

Article  XIII. 

The  present  treaty  shall  take  effect  six  weeks  after  the  exchange  of 
ratifications,  and  shall  continue  in  force  six  months  after  one  of  the 
contracting  parties  shall  have  notified  the  other  of  an  intention  to  ter- 
minate it. 

It  shall  be  ratified  and  the  ratifications  exchanged  at  Eio  de  Janeiro 
as  soon  as  possible. 

In  witness  whereof,  the  respective  plenipotentiaries  sign  the  above 
articles  written  in  the  English  and  Portuguese  languages  and  here- 
unto affix  their  seals. 

Done  and  signed  in  duplicate  in  the  city  of  Rio  de  Janeiro,  this  14th 
day  of  May  1897. 

[seal.]  Thomas  L.  Thompson. 

[seal.]  Dionisio  E.  de  Castro  Cerqueira. 

A protocol  amending  the  said  treaty  in  certain  particulars  was  con- 
cluded and  signed  by  the  respective  plenipotentiaries  of  the  United 
States  of  America  and  the  United  States  of  Brazil,  at  Rio  de  Janeiro, 
on  the  28th  day  of  May,  one  thousand  eight  hundred  and  ninety-eight, 
as  follows: 

PROTOCOL. 

The  undersigned,  the  Envoy  Extraordinary  and  Minister  Plenipo- 
tentiary of  the  United  States  of  America  and  the  Minister  for  Foreign 
Affairs  of  the  Republic  of  the  United  States  of  Brazil,  met  together 
to-day  in  the  Department  of  Foreign  Affairs  and  being  duly  author- 
ized, have  agreed  to  modify  in  the  manner  hereinafter  indicated  the 
provisions  of  Xo.  13  of  Article  II.  of  the  end  of  § 2 of  Article  III,  and 
of  the  first  two  paragraphs  of  Article  IV,  and  the  wording  of  Article 
IX  of  the  Extradition  Treaty  signed  May  14th,  1897,  for  the  purpose 
of  preventing  questions  in  the  execution  thereof. 

Article  II,  Xo.  13. 

To  add  in  the  English  text  after  ‘'broker”  the  word  “manager”, 
corresponding  in  the  Portuguese  text  to  the  term  “ administrador  ”. 

Article  III,  § 2. 

To  substitute  in  the  English  text  for  the  word  “ definite  ” the  word 
“ final  ”. 


152 


TREATIES,  CONVENTIONS,  ETC. 


Article  IV. 

To  change  the  wording  of  the  first  paragraph  of  the  Portuguese 
text  to  read  as  follows:  O indi  viduo  enti'egue  nao  podera  ser  proces- 
sado  nein  punido  no  paiz  que  tiver  obtido  a extradigao  nem  entregue 
a terceiro  paiz  jior  crime  on  infracgao  nao  prevista  no  presente  tratado 
nem  i^or  crime  ou  infracQao  anterior  a extradigao,  etc.,  etc. 

To  substitute  in  the  second  paragraph  of  the  English  text  the 
expression  “ may  demand  ” for  “ shall  be  able  to  demand  ” 

Article  IX. 

Substitute  for  the  wording  of  the  English  text  the  following : “All 
articles  found  in  the  possession  of  the  person  accused,  whether  obtained 
through  the  commission  of  the  act  with  which  such  person  is  charged, 
or  whether  they  may  be  used  etc.,  etc.” 

This  protocol  shall  be  submitted  for  approA^al  to  the  Congresses  of 
the  two  countries. 

Done  at  the  city  of  Rio  de  Janeiro  this  twenty-eighth  day  of  May 
A.  D.  1898. 

[seal.]  Charles  Page  Bryan 

[seal.]  Dionisio  E.  de  Castro  Cerqueira. 


1902. 

Protocol  Submitting  to  Arbitration  the  Claim  of  George  C. 

Benner  et  al. 


Signed  September  G,  1902. 


Articles. 


1.  Questions  to  be  submitted;  arbi- 
trator. 

II.  Evidence. 

III.  I’ayment. 

IV.  Time  of  submission. 


V.  Arguments. 

VI.  Time  of  payment. 
VII.  Expenses. 

VIII.  Award  tinal. 


The  Secretary  of  State  of  the  United  States  of  America  and  the 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the  Republic 
of  the  United  States  of  Brazil  having  agreed  to  submit  to  arbitra- 
tion the  claim  of  George  C.  Benner  and  others  against  the  Republic 
of  the  United  States  of  Brazil  ; 

The  United  States  of  America  and  the  Republic  of  the  United 
States  of  Brazil,  through  their  representatives,  Charles  Page  Bryan, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the  United 
States  of  America  to  Brazil,  and  Doctor  Olyntho  Maximo  de 
Magalhaes,  INIinister  of  State  for  Foreign  Relations  of  the  Republic 
of  the  United  States  of  Brazil,  hav^e  agreed  upon  and  signed  the 
following  protocol : 

V hereas  the  owners  of  the  vessel,  “James  A.  Simpson”,  citizens 
of  the  United  States  of  America,  have  claimed  through  the  Govern- 
ment of  the  Ihiited  States  of  America  from  the  Government  of  the 
Republic  of  the  United  States  of  Brazil  indemnity  on  account  of 


BRAZIL 1902. 


153 


the  damage  inflicted  upon  the  said  vessel  and  her  long  boat  by  the 
firing  of  the  soldiers  of  the  Government  of  the  Republic  of  the 
United  States  of  Brazil  and  for  the  damage  caused  by  the  detention 
of  the  said  vessel  at  the  port  of  Rio  de  Janeiro,  Brazil,  it  is  agreed 
between  the  two  Governments: 


I 

That  the  question  of  the  liability  of  the  Republic  of  the  United 
States  of  Brazil  to  pay  an  indemnity  in  said  case,  and,  if  so  found 
by  the  Arbitrator,  the  further  question  of  the  amount  of  said 
indemnity  to  be  awarded  and  the  questions  of  law  and  fact  brought 
in  issue,  shall  be  referred  to  Mr.  A.  Grip,  Envoy  Extraordinary 
and  Minister  Plenipotentiary  of  Sweden  and  Norway  at  Washing- 
ton, who  is  hereby  appointed  as  Arbitrator  to  hear  said  causes  and 
to  determine  the  question  of  said  liability  and  the  amount  of  indem- 
nity, if  any,  found  by  said  Arbitrator  to  be  justly  due. 

II 

The  Government  of  the  United  States  of  America  will  lay  before 
the  Arbitrator  the  claimant’s  evidence  and  all  correspondence  be- 
tween the  Government  of  the  Republic  of  the  United  States  of 
Brazil  and  the  Minister  of  the  United  States  of  America  at 
Petropolis,  Brazil,  and  the  dispatches  from  the  said  Minister  re- 
porting documentary  evidence  to  the  Department  of  State  in  relation 
to  the  said  claim. 

All  questions  of  procedure  shall  be  left  to  the  determination  of 
the  Arbitrator. 

III 

The  Government  of  the  Republic  of  the  United  States  of  Brazil 
agrees  to  pay,  in  American  gold,  any  amount  which  may  be  awarded 
by  the  Arbitrator,  if  he  finds  that  it  is  liable  therefor. 

IV 

The  evidence  is  to  be  submitted  to  the  Arbitrator  on  or  before  the 
first  day  of  December,  1902,  and  his  decision  is  to  be  rendered  within 
three  months  thereafter. 

V 

• Each  Government  may  furnish  to  the  Arbitrator  an  argument  or 
brief  not  later  than  the  fifteenth  day  of  January,  1903,  a copy  of 
which  each  party  shall  furnish  to  the  other  at  the  same  time  as  to 
the  Arbitrator. 

VI 

The  Government  of  the  Republic  of  the  United  States  of  Brazil 
shall  pay  the  indemnity  awarded  by  the  Arbitrator,  if  any,  within 
twelve  months  from'  the  date  of  the  award,  unless  an  extension  of 
the  time  of  its  payment  should  be  granted  by  the  Government  of  the 
United  States  of  America. 


154 


TREATIES,  CONVENTIONS,  ETC. 


VII 

All  the  expenses  of  said  arbitration  are  to  be  paid  in  equal  moities 
by  the  said  Governments. 

VIII 

Any  award  given  by  the  Arbitrator  shall  be  final  and  conclusive. 
Done  in  duplicate  in  English  and  Portuguese  at  Rio  de  Janeiro 
this  sixth  day  of  September  1902. 

[seal]  Charles  Page  Bryan 

[seal]  Olyntho  Maximo  de  Magalhaes. 


The  claim  referred  to  in  the  foregoing  protocol  was  presented  to 
the  Swedish  minister  as  arbitrator,  and  withdrawn  from  the  consid- 
eration of  the  arbitrator  IS^ovember  28,  1902,  for  want  of  evidence. 


BREMEN.® 

1853. 


Declaration  of  Accession  ® of  the  Senate  of  the  Free  Hanseatic 

City  of  Bremen  to  the  Convention  for  the  Extradition  of 

Criminals,  Fugitives  from  Justice,  between  Prussia  and  Other 

States  of  the  Germanic  Confederation  and  the  United  States. 

Concluded  September  6, 1863;  ratifications  exchanged  at  Washingt07i 
October  IJi.,  1853;  proclaimed  October  15.,  1853. 

Whereas  a Convention  for  the  mutual  delivery  of  criminals  fugi- 
tives from  justice,  in  certain  cases,  between  Prussia  and  other  states 
of  the  Germanic  Confederation,  on  the  one  part,  and  the  United 
States  of  North  America  on  the  other  part,  was  concluded  at  Wash- 
ington, on  the  16th  June,  1852,  by  the  Plenipotentiaries  of  the  con- 
tracting parties,  and  was  subsequently  duly  ratified  on  the  part  of 
the  contracting  goverments;  and  whereas,  pursuant  to  the  second 
article  of  the  said  convention,  the  United  States  have  agreed  that  the 
stipulations  of  the  said  convention  shall  be  applied  to  any  other  State 
of  the  Germanic  Confederation  which  might  subsequently  declare  its 
accession  thereto : Therefore  the  Senate  of  the  free  Hanseatic  city  of 
Bremen  accordingly  hereby  declares  their  accession  to  the  said  con- 
vention of  the  sixteenth  June,  1852,  which  is  literally  as  follows: 

[A  copy  of  the  convention  of  the  sixteenth  of  June,  1852,  between  the 
United  States  and  Prussia  and  other  Germanic  States  is  here  in- 
serted :] 

And  hereby  expressly  promises  that  all  and  every  one  of  the  arti- 
cles and  provisions  contained  in  the  said  convention  shall  be  faith- 
fully observed  and  executed  within  the  dominion  of  the  free  Han- 
seatic city  of  Bremen. 

In  faith  whereof  the  President  of  the  Senate  has  executed  the  pres- 
ent declaration  of  accession,  and  has  caused  the  great  seal  of  Bremen 
to  be  affixed  to  the  same. 

Done  at  Bremen  the  Sixth  day  of  September,  eighteen  hundred  and 
fifty-three. 

The  President  of  the  Senate. 

[seal.]  Smidt. 

Breuls, 

Secretary.  - 


“ See  also  Hanseatic  Republics. 

® Translation. 

155 


a^KUXSWICK  AND  LUNEBUDG.“ 

{See  German  Empire.) 

1854. 

Convention  Respecting  the  Disposition  of  Propertt. 

Concluded  August  21^  185]).;  ratification  advised  hy  the  Senate  with 
amendment  March  3, 1855;  ratified  hy  the  President  July  10^  1855; 
ratifications  exchanged  July  28,  1855;  -proclaimed  July  30,  1855. 

Articles. 

I.  Disposition  of  personal  property.  I III.  Duration ; ratification. 

II.  Disposition  of  real  estate.  I 

The  President  of  the  United  States  of  America  and  His  Highness 
the  Dnke  of  Brunswick  & Lnnebnrg,  animated  by  the  desire  to  secure 
and  extend,  by  an  amicable  convention,  the  relations  happily  existing 
between  the  two  countries,  have,  to  this  effect,  appointed  as  their 
jilenipotentiaries,  to  wit : the  President  of  the  United  States  of 
America,  William  L.  Marcy,  Secretary  of  State  of  the  United  States ; 
and  His  Highness  the  Duke  of  Brunswick  and  Luneburg,  Dr.  Julius 
Samson,  His  said  Highness’  Consul  at  Mobile,  Alabama;  who,  after 
the  exchange  of  their  full  powers,  found  in  good  and  due  form,  have 
agreed  upon  and  signed  the  following  articles: 

Article  I. 

The  citizens  of  each  one  of  the  high  contracting  parties  shall  have 
power  to  dispose  of  their  personal  property,  within  the  jurisdiction  of 
the  other,  subject  to  the  laws  of  the  State  or  country,  where  the  domi- 
cil is,  or  the  property  is  found,  either  by  testament,  donation,  or  ah 
intcstato,  or  in  any  other  manner;  and  their  heirs,  being  citizens  of 
the  other  party,  shall  inherit  all  such  personal  estates,  whether  by 
testament  or  ah  intestato,  and  they  may  take  possession  of  the  same, 
either  personally  or  by  attorney,  and  dispose  of  them  as  they  may 
think  proper,  paying  to  the  respective  governments  no  other  charges 
than  those  to  which  the  inhabitants  of  the  country  in  which  the  said 
jiroperty  shall  be  found  would  be  liable  in  a similar  case ; and,  in  the 
absence  of  such  heir,  or  heirs,  the  same  care  shall  be  taken  of  the 
property  that  would  be  taken  in  the  like  case,  for  the  preservation  of 
the  property  of  a citizen  of  the  same  country,  until  the  lawful  pro- 
prietor shall  have  had  time  to  take  measures  for  possessing  himself  of 

“ The  Duchy  of  Brunsiyick  and  Liineburg  became  a member  of  the  North 
Herman  Union  July  1,  1867,  and  is  now  incorporated  in  the  German  Empire. 

loG 


BRUNSWICK  AND  LUNEBURG 1854. 


157 


the  same;  and  in  case  any  dispute  should  arise  between  claimants  to 
the  same  succession,  as  to  the  property  thereof,  the  question  shall  be 
decided  according  to  the  laws,  and  by  the  judges,  of  the  country  in 
which  the  property  is  situated. 

Article  II. 

If,  by  the  death  of  a person  owning  real  property  in  the  territory 
of  one  of  the  high  contracting  parties,  such  property  should  descend, 
either  by  the  laws  of  the  country,  or  by  testamentary  disposition,  to  a 
citizen  of  the  other  party,  who,  on  account  of  his  being  an  alien,  could 
not  be  permitted  to  retain  the  actual  possession  of  such  property,  such 
term  as  the  laws  of  the  State  or  country  will  permit  shall  be  allowed 
to  him  to  dispose  of  such  property,  and  collect  and  withdraw  the  pro- 
ceeds thereof,  without  paying  to  the  Government  any  other  charges 
than  those  which,  in  a similar  case,  would  be  paid  by  an  inhabitant 
of  the  country  in  which  such  real  property  may  be  situated. 

Article  III. 

The  present  convention  shall  be  in  force  for  the  term  of  twelve 
years  from  the  date  hereof ; and  further,  until  the  end  of  twelve  months 
after  the  Government  of  the  United  States  on  the  one  part,  or  that  of 
His  Highness  the  Duke  of  Brunswick  and  Luneburg  on  the  other, 
shall  have  given  notice  of  its  intention  of  terminating  the  same. 

This  convention  shall  be  ratified,  and  the  ratification  shall  be  ex- 
changed at  Washington  within  twelve  months  after  its  date,  or  sooner, 
if  possible. 

In  faith  whereof,  the  respective  plenipotentiaries  have  signed  the 
present  convention,  and  have  thereunto  affixed  their  seals. 

Done  at  Washington,  this  twenty-first  day  of  August  in  the  year  of 
Our  Lord  one  thousand  eight  hundred  and  fifty-four,  and  of  the  Inde- 
pendence of  the  United  States  the  seventy-ninth. 

W.  L.  Marcy 
[seal.] 

Julius  Samson 
[seal.] 


BULGAJ^IA. 

1906.“ 

Eeciprocity  with  Bulgaria. 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 

A PROCLAMATION. 

lAliereas  the  Government  of  the  Principality  of  Bulgaria  has 
taken  action,  extending  on  and  after  June  5,  1906,  and  until  further 
notice,  to  the  products  of  the  soil  or  industry  of  the  United  States, 
the  benefit  of  the  Bulgarian  conventional  customs  tariff  rates,  the 
same  being  the  lowest  rates  applied  by  Bulgaria  to  the  like  products 
of  any  other  country,  by  which  action  in  the  judgment  of  the  Presi- 
dent reciiirocal  and  equivalent  concessions  are  established  in  favor 
of  the  said  products  of  the  United  States:  Now,  Therefore,  be  it 
known  that  I,  Theodore  Roosevelt,  President  of  the  United  States 
of  America,  acting  under  the  authority  conferred  by  the  third  section 
of  the  Tariff  Act  of  the  United  States,  approved  July  24,  1897,  do 
hereby  suspend,  during  the  continuance  in  force  of  the  said  con- 
cessions by  the  Government  of  the  Principality  of  Bulgaria,  the 
imposition  and  collection  of  the  duties  imposed  by  the  first  section 
of  said  act  upon  the  Articles  hereinafter  specified,  being  the  products 
of  the  soil  or  industry  of  Bulgaria ; and  do  declare  in  place  thereof 
the  following  rates  of  duty  provided  in  the  third  section  of  said  Act 
to  be  in  force  and  effect  on  and  after  September  30,  1906,  of  which 
the  officers  and  citizens  of  the  United  States  will  take  due  notice, 
namely : 

Upon  argols,  or  crude  tartar,  or  wine  lees,  crude,  five  per  cent 
ad  valorem. 

Upon  brandies  or  other  spirits  manufactured  or  distilled  from 
grain  or  other  materials,  one  dollar  and  seventy  five  cents  per  proof 
gallon. 

ITpon  still  wines,  and  vermuth,  in  casks,  thirty  five  cents  per 
gallon;  in  bottles  or  jugs,  per  case  of  one  dozen  bottles  or  jugs  con- 
iaining  each  not  more  than  one  quart  and  more  than  one  pint,  or 
twenty  four  bottles  or  jugs  containing  each  not  more  than  one  pint, 
one  dollar  and  twenty  five  cents  per  case,  and  any  excess  beyond 
these  quantities  found  in  such  bottles  or  jugs  shall  be  subject  to  a 
duty  of  four  cents  per  pint  or  fractional  part  thereof,  but  no  separate 
or  additional  duty  shall  be  assessed  upon  the  bottles  or  jugs. 

Upon  paintings  in  oil  or  water  colors,  pastels,  pen  and  ink  draw- 
ings, and  statuary,  fifteen  per  centum  ad  valorem. 

" Teruiinated  by  the  tariff  act  of  1909,  October  31,  1909. 
luS 


BULGAKIA — 1906, 


159 


In  testimony  whereof,  I have  hereunto  set  my  hand  and  caused 
the  seal  of  the  United  States  to  be  affixed.  - 

Done  at  the  City  of  Washington  this  fifteenth  day  of  September, 
in  the  year  of  our  Lord  one  thousand  nine  hundred  and  six  and  of 
the  Independence  of  the  United  States  of  America  the  one  hundred 
and  thirty-first. 

Theodore  Roosevelt. 

By  the  President: 

Robert  Bacon 

Acting  Secretary  of  State. 


CENTRAL  AMERICA. 

1825.“ 

Convention  of  Peace,  Amity,  Commerce,  and  Navigation, 

Concluded  December  5.  1825 ; ratification  advised  by  the  Senate  De- 
cember 29,  1825;  ratified  by  the  President  January  16,  1826;  rati- 
fications exchanged  August  2, 1826 ; proclaimed  October  28, 1826. 

Articles. 


I.  Amity. 

II.  Most  favored  nation. 

III.  Freedom  of  commerce  and  navi- 

gation. 

IV.  No  discrimination  in  tonnage 

duties. 

V.  No  discrimination  in  duties  on 
imports  and  exports. 

VI.  Reciprocal  privileges  in  busi- 
ness affairs. 

VII.  Indemnity  to  vessels  detained. 

VIII.  Asylum  to  vessels  in  distress. 

IX.  Captures  by  pirates. 

X.  Sbii)wrecks. 

XL  Disposition  of  property. 

XII.  Special  protection. 

XIII.  Religious  freedom. 

XIV.  Free  ships,  free  goods. 

XV.  Cargoes  of  neutrals. 

XI'I.  Contraband  goods. 


XVII.  Trading  privileges  of  neu- 
trals. 

XVIII.  Contraband  goods. 

XIX.  Notice  of  blockade. 

XX.  Visitation  and  search. 

XXI.  Nationality  of  vessels. 

XXII.  Vessels  under  convoy. 

XXIII.  Prize  courts. 

XXIV.  Letters  of  marque. 

XXV.  Reciprocal  treatment  of  citi- 
zens in  war. 

XXVI.  Non  confiscation  of  debts. 
XXVII.  Favored  nation  privileges  to 
ministers. 

XXVm.  Consuls. 

XXIX.  Exequatur. 

XXX.  Privileges  of  consuls. 

XXXI.  Deserters. 

XXXII.  Consular  convention. 
XXXIII.  Ratification ; duration. 


The  United  States  of  America  and  the  Federation  of  the  Centre  of 
America,  desiring  to  make  firm  and  permanent  the  peace  and  friend- 
ship tvhich  happily  prevail  between  both  nations,  have  resolved  to 
fix,  in  a manner  clear,  distinct  and  positiA^e,  the  rules  which  shall  in 
future  be  religiously  observed  betiveen  the  one  and  the  other,  by  means 
of  a treaty,  or  general  convention  of  peace,  friendship,  commerce  and 
navigation. 

For  this  most  desirable  object,  the  President  of  the  United  States  of 
America  has  conferred  full  powers  on  Henry  Clay,  their  Secretai’y  of 
State;  and  the  Plxecutive  Power  of  the  Federation  of  the  Centre  of 
America  on  Antonio  Jose  Canas,  a Deputy  of  the  Constituent  Na- 
tional Assembly  for  the  Province  of  San  Salvador,  and  Envo}'^  Ex- 
traordinary and  Minister  Plenipotentiary  of  that  Republic  near  the 
United  States; 

AVho,  after  having  exchanged  their  said  full  powers  in  due  and 
proper  form,  have  agreed  to  the  folloiving  articles; 


“This  troiUy  terminated  as  to  articles  relating  to  commerce  and  navigation. 
August  2.  l.sas.  by  their  own  limitations,  and  the  entire  treaty  was  abrogated 
by  the  dissolution  of  the  Republic  in  1839. 

IGO 


CENTRAL  AMERICA 1825. 


161 


Article  I. 

There  shall  be  a iierfect,  firm  and  inviolable  peace  and  sincere 
friendship  between  the  United  States  of  America  and  the  Federation 
of  the  Centre  of  America,  in  all  the  extent  of  their  possessions  and 
territories,  and  between  their  people  and  citizens,  respectively,  with- 
out distinction  of  persons  or  places. 

Article  II. 

The  United  States  of  America  and  the  Federation  of  the  Centre  of 
America,  desiring  to  live  in  peace  and  harmony  with  all  the  other 
nations  of  the  earth,  by  means  of  a policy  frank  and  equally  friendly 
with  all,  engage  mutually  not  to  grant  any  particular  favor  to  other 
nations,  in  respect  of  commerce  and  navigation,  which  shall  not  im- 
mediately become  common  to  the  other  party,  who  shall  enjoy  the 
same  freely,  if  the  concession  was  freely  made,  or  on  allowing  the 
same  compensation  if  the  concession  was  conditional. 

Article  III. 

The  two  high  contracting  parties,  being  likewise  desirous  of  placing 
the  commerce  and  navigation  of  their  respective  countries  on  the 
liberal  basis  of  perfect  equality  and  reciprocity,  mutually  agree  that 
the  citizens  of  each  may  frequent  all  the  coasts  and  countries  of  the 
other,  and  reside  and  trade  there,  in  all  kinds  of  produce,  manufac- 
tures and  merchandise;  and  they  shall  enjoy  all  the  rights,  privileges 
and  exemptions  in  navigation  and  commerce  which  native  citizens 
do  or  shall  enjoy,  submitting  themselves  to  the  laws,  decrees  and 
usages  there  established  to  which  native  citizens  are  subjected.  But 
it  is  understood  that  this  article  does  not  include  the  coasting  trade 
of  either  country,  the  regulation  of  which  is  reserved  by  the  parties, 
respectively,  according  to  their  own  separate  laws. 

Article  IV. 

They  likewise  agree  that  whatever  kind  of  produce,  manufacture  or 
merchandise  of  any  foreign  country  can  be,  from  time  to  time,  law- 
fully imported  into  the  United  States  in  their  own  vessels,  may  be 
also  imported  in  vessels  of  the  Federation  of  the  Centre  of  America; 
and  that  no  higher  or  other  duties  upon  the  tonnage  of  the  vessel  or 
her  cargo  shall  be  levied  and  collected,  whether  the  importation  be 
made  in  vessels  of  the  one  country  or  of  the  other.  And  in  like  manner 
that  whatever  kind  of  produce,  manufactures  or  merchandise  of  any 
foreign  country  can  be,  from  time  to  time,  lawfully  imported  into  the 
Central  Republic,  in  its  own  vessels,  may  be  also  imported  in  vessels 
of  the  United  States,  and  that  no  higher  or  other  duties  upon  the 
tonnage  of  the  vessel  or  her  cargo,  shall  be  levied  and  collected, 
whether  the  importation  be  made  in  vessels  of  the  one  country  or  of 
the  other.  And  they  further  agree  that  whatever  may  be  lawfully  ex- 
ported or  re-exported  from  the  one  country  in  its  own  vessels  to  any 
foreign  country  may,  in  like  manner,  be  exported  or  re-exported  in 
the  vessels  of  the  other  country.  And  the  same  bounties,  duties  and 
24449— VOL  1—10 11 


1G2 


TREATIES,  CONVENTIONS,  ETC. 


drawbacks  shall  be  allowed  and  collected,  w^hether  such  importation 
or  re-exjiortation  be  made  in  vessels  of  the  United  States  or  of  the 
Central  Republic. 


Article  V. 

No  higher  or  other  duties  shall  be  imposed  on  the  importation  into 
the  United  States  of  any  articles,  the  produce  or  manufactures  of  the 
bVderation  of  the  Centre  of  America,  and  no  higher  or  other  duties 
shall  be  imposed  on  the  importation  into  the  Federation  of  the  Centre 
of  America  of  any  articles,  the  produce  or  manufactures  of  the  United 
States,  than  are  or  shall  be  jiayable  on  the  like  articles,  being  the 
produce  or  manufactures  of  any  other  foreign  country;  nor  shall  any 
liigher  or  other  duties  or  charges  be  imposed  in  either  of  the  two 
countries  on  the  exportation  of  any  articles  to  the  United  States  or 
to  the  Federation  of  the  Centre  of  America,  respectively,  than  such 
as  are  payable  on  the  exportation  of  the  like  articles  to  any  other  for- 
eign country;  nor  shall  any  prohibition  be  imposed  on  the  exportation 
or  importation  of  any  articles,  the  produce  or  manufactures  of  the 
TTnited  States  o-r  of  the  Federation  of  the  Centre  of  America,  to  or 
from  the  territories  of  the  United  States  or  to  or  from  the  territories 
of  the  Federation  of  the  Centre  of  America,  which  shall  not  equally 
extend  to  all  other  nations. 


Article  VI. 

It  is  likewise  agreed  that  it  shall  be  wholly  free  for  all  merchants, 
commanders  of  ships  and  other  citizens,  of  both  countries,  to  manage, 
themselves,  their  own  business,  in  all  the  ports  and  places  subject  to 
the  jurisdiction  of  each  other,  as  well  with  respect  to  the  consignment 
and  sale  of  their  goods  and  merchandise,  by  wholesale  or  retail,  as 
with  respect  to  the  loading,  unloading  and  sending  off  their  ships; 
they  being,  in  all  these  cases,  to  be  treated  as  citizens  of  the  country 
in  which  they  reside,  or  at  least  to  be  placed  on  a footing  with  the 
subjects  or  citizens  of  the  most  favored  nation. 

Article  VII. 

The  citizens  of  neither  of  the  contracting  parties  shall  be  liable  to 
any  embargo,  nor  be  detained  with  their  vessels,  cargoes,  merchandise 
or  effects  for  any  military  expedition,  nor  for  any  public  or  private 
purpose  whatever,  without  allowing  to  those  intex’ested  a sufficient 
indemnification. 


Article  VIII. 

Vdienever  the  citizens  of  either  of  the  contracting  parties  shall  be 
forced  to  seek  refuge  or  asylum  in  the  rivers,  bays,  ports  or  dominions 
of  the  other,  with  their  vessels,  whether  merchant  or  of  war,  public 
or  private,  through  stress  of  weather,  pursuit  of  pirates  or  enemies, 
they  shall  be  received  and  treated  with  humanity,  giving  to  them  all 
favor  and  protection  for  repairing  their  ships,  procuring  provisions, 
and  placijig  themselves  in  a situation  to  continue  their  voyage  without 
obstacle  or  hindrance  of  any  kind. 


CENTRAL  AMERICA 1825. 


163 


Article  IX. 

All  the  ships,  merchandise  and  effects  belonging  to  the  citizens  of  one 
of  the  contracting  parties,  which  may  be  captured  by  pirates,  whether 
withinthelimitsof  its  jurisdiction  or  on  the  high  seas,  and  may  be  car- 
ried or  found  in  the  rivers,  roads,  bays,  ports  or  dominions  of  the  other, 
shall  be  delivered  up  to  the  owners,  they  proving  in  due  and  proper 
form  their  rights  before  the  competent  tribunals ; it  being  well  under- 
stood that  the  claim  should  be  made  within  the  term  of  one  year  by 
the  parties  themselves,  their  attorneys  or  agents  of  the  respective 
Governments. 

Article  X. 

IVhen  any  vessel  belonging  to  the  citizens  of  either  of  the  contract- 
ing parties  shall  be  wrecked,  foundered,  or  shall  suffer  any  damage 
on  the  coasts,  or  within  the  dominions  of  the  other,  there  shall  be 
given  to  them  all  assistance  and  protection,  in  the  same  manner  which 
is  usual  and  customary  with  the  vessels  of  the  nation  where  the  dam- 
age happens,  permitting  them  to  unload  the  said  vessel,  if  necessary, 
of  its  merchandise  and  effects,  without  exacting  for  it  any  duty, 
impost  or  contribution  whatever,  until  they  may  be  exported. 

Article  XI. 

The  citizens  of  each  of  the  contracting  parties  shall  have  power  to 
dispose  of  their  personal  goods  within  the  jurisdiction  of  the  other, 
by  sale,  donation,  testament  or  otherwise,  and  their  representatives, 
being  citizens  of  the  other  party,  shall  succeed  to  their  said  personal 
goods,  whether  by  testament  or  ab  intestato,  and  they  may  take  pos- 
session thereof,  either  by  themselves  or  others  acting  for  them,  and 
dispose  of  the  same  at  their  will,  paying  such  dues  only  as  the  inhab- 
itants of  the  country,  wherein  said  goods  are,  shall  be  subject  to  pay 
in  like  cases.  And  if,  in  the  case  of  real  estate,  the  said  heirs  would 
be  prevented  from  entering  into  the  possession  of  the  inheritance, 
on  account  of  their  character  of  aliens,  there  shall  be  granted  to  them 
the  term  of  three  years  to  dispose  of  the  same,  as  they  may  think 
proper,  and  to  withdraw  the  proceeds  without  molestation,  and  ex- 
empt from  all  duties  of  detraction,  on  the  part  of  the  Government  of 
the  respective  States. 

Article  XII. 

Both  the  contracting  parties  promise  and  engage  formally  to  give 
their  special  protection  to  the  persons  and  property  of  the  citizens  of 
each  other,  of  all  occupations,  who  may  be  in  the  territories,  subject 
to  the  jurisdiction  of  the  one  or  the  other,  transient  or  dwelling  there- 
in, leaving  open  and  free  to  them  the  tribunals  of  justice  for  their 
judicial  recourse,  on  the  same  terms  which  are  usual  and  customary 
with  the  natives  or  citizens  of  the  country  in  which  they  may  be ; for 
which  they  may  employ,  in  defence  of  their  rights,  such  advocates, 
solicitors,  notaries,  agents  and  factors,  as  they  may  judge  proper,  in 
all  their  trials  at  law;  and  such  citizens  or  agents  shall  have  free 
opportunity  to  be  present  at  the  decisions  and  sentences  of  the  tri- 
bunals, in  all  cases  which  may  concern  them,  and  likewise  at  the  tak- 
ing of  all  examinations  and  evidence  which  may  be  exhibited  in  the 
said  trials. 


164 


TREATIES,  CONVENTIONS,  ETC. 


Article  XIII. 

It  is  likewise  ap^reed  that  the  most  perfect  and  entire  security  of 
conscience  shall  he  enjoyed  by  the  citizens  of  both  the  contracting 
parties  in  the  country  subject  to  the  jurisdiction  of  the  one  and  the 
other,  without  their  being  liable  to  be  disturbed  or  molested  on 
account  of  their  religious  belief,  so  long  as  they  respect  the  laws  and 
established  usages  of  the  country.  Moreover,  the  bodies  of  the  citizens 
of  one  of  the  contracting  parties,  who  may  die  in  the  territories  of  the 
other,  shall  be  buried  in  the  usual  burying  grounds,  or  in  other 
decent  and  suitable  places,  and  shall  be  protected  from  violation  or 
disturbance. 


Article  XIV. 

It  shall  be  lawful  for  the  citizens  of  the  United  States  of  America 
and  of  the  Federation  of  the  Centre  of  America  to  sail  with  their 
ships,  with  all  manner  of  liberty  and  security,  no  distinction  being 
made  who  are  the  proprietors  of  the  merchandise  laden  thereon,  from 
any  port,  to  the  places  of  those  who  now  are  or  hereafter  shall  be,  at 
enmity  with  either  of  the  contracting  parties.  It  shall  likewise  be 
lawful  for  the  citizens  aforesaid  to  sail  with  the  ships  and  merchan- 
dise before  mentioned,  and  to  trade  with  the  same  liberty  and  security 
from  the  places,  ports  and  havens,  of  those  who  are  enemies  of  both 
or  either  party,  without  any  opposition  or  disturbance  whatsoever, 
not  only  directly  from  the  places  of  the  enemy,  before  mentioned,  to 
neutral  places,  but  also  from  one  place  belonging  to  an  enemy  to 
another  place  belonging  to  an  enemy,  whether  they  be  under  the  juris- 
diction of  one  power  or  under  several.  And  it  is  hereby  stipulated 
that  free  ships  shall  also  give  freedom  to  goods,  and  that  everything 
shall  be  deemed  to  be  free  and  exempt  which  shall  be  found  on  board 
the  ships  belonging  to  the  citizens  of  either  of  the  contracting  parties, 
although  the  whole  lading  or  any  part  thereof,  should  appertain  to 
the  enemies  of  either,  contraband  goods  being  always  excepted.  It 
is  also  agi'eed,  in  like  manner,  that  the  same  liberty  be  extended  to 
]iersons  who  are  on  board  a free  ship,  with  this  effect,  that  although 
they  lie  enemies  to  both  or  either  partv,  they  are  not  to  be  taken  out  of 
that  free  ship,  unless  they  are  officers  or  soldiers,  and  in  the  actual 
service  of  the  enemy:  Provided.,  However,  and  it  is  hereby  agreed, 
that  the  stipulations  in  this  article  contained,  declaring  that  the  flag 
shall  cover  the  property,  shall  be  understood  as  applying  to  those 
jiowers  only  who  recognize  this  jirinciple ; but  if  either  of  the  two  con- 
tracting parties  shall  be  at  war  with  a third,  and  the  other  neutral, 
the.  flag  of  the  neutral  shall  cover  the  property  of  enemies  whose 
Governments  acknowledge  this  principle,  and  not  of  others. 

Article  XV. 

It  is  likewise  agreed  that,  in  the  case  where  the  neutral  flag  of  one 
of  the  contracting  parties  shall  protect  the  property  of  the  enemies 
of  the  other  by  virtue  of  the  above  stipulation,  it  shall  always  be  un- 
derstood that  the  neutral  property  found  on  board  such  enemy’s 
vessels  shall  be  held  and  considered  as  enemy’s  property,  and  as  such 
shall  be  liable  to  detention  and  confiscation,  except  such  property  as 


CENTRAL  AMERICA 1825. 


165 


was  put  on  board  such  vessel  before  the  declaration  of  war,  or  even 
afterwards,  if  it  were  done  without  the  knowledge  of  it;  but  the  con- 
tracting parties  agree  that  two  months  having  elapsed  after  the  dec- 
laration, their  citizens  shall  not  plead  ignorance  thereof.  On  the 
contrary,  if  the  flag  of  the  neutral  does  not  protect  the  enemy’s  prop- 
erty, in  that  case  the  goods  and  merchandise  of  the  neutral,  embarked 
in  such  enemy’s  ships,  shall  be  free. 

Article  XVI. 

This  liberty  of  navigation  and  commerce  shall  extend  to  all  kinds 
of  merchandise  excepting  those  only  which  are  distinguished  by  the 
name  of  contraband,  and  under  this  name  of  contraband  or  prohibited 
goods  shall  be  comprehended : 

1st.  Cannons,  mortars,  howitzers,  swivels,  blunderbusses,  muskets, 
fuzees,  rifles,  carbines,  pistols,  pikes,  swords,  sabres,  lances,  spears, 
halberds  and  grenades,  bombs,  powder,  matches,  balls  and  all  other 
things  belonging  to  the  use  of  these  arms ; 

2d.  Bucklers,  helmets,  breastplates,  coats  of  mail,  infantry  belts 
and  clothes,  made  up  in  the  form  and  for  a military  use ; 

3d.  Cavalry  belts,  and  horses  with  their  furniture ; 

4th.  And  generally  all  kinds  of  arms  and  instruments  of  iron,  steel, 
brass  and  copper,  or  of  any  other  materials  manufactured,  prepared 
and  formed  expressly  to  make  war  by  sea  or  land. 

Article  XVII. 

All  other  merchandise  and  things  not  comprehended  in  the  articles 
of  contraband  explicitly  enumerated  and  classified  as  above,  shall  be 
held  and  considered  as  free  and  subjects  of  free  and  lawful  commerce, 
so  that  they  may  be  carried  and  transported  in  the  freest  manner  by 
both  the  contracting  parties  even  to  places  belonging  to  an  enemy, 
excepting  only  those  places  which  are  at  that  time  besieged  or  block- 
aded; and  to  avoid  all  doubt  in  this  particular  it  is  declared  that 
those  places  only  are  besieged  or  blockaded  which  are  actually  at- 
tacked by  a belligerent  force  capable  of  preventing  the  entry  of  the 
neutral. 

Article  XVIII. 

The  articles  of  contraband  before  enumerated  and  classified  which 
may  be  found  in  a vessel  bound  for  an  enemy’s  port,  shall  be  subject 
to  detention  and  confiscation,  leaving  free  the  rest  of  the  cargo  and 
the  ship,  that  the  owners  may  dispose  of  them  as  they  see  proper. 
Xo  vessel  of  either  of  the  two  nations  shall  be  detained  on  the  high 
seas  on  account  of  having  on  board  iirticles  of  contraband  whenever 
the  master,  captain  or  supercargo  of  said  vessels  will  deliver  up  the 
articles  of  contraband  to  the  captor,  unless  the  quantity  of  such  ar- 
ticles be  so  great  and  of  so  large  a bulk  that  they  cannot  be  received 
on  board  the  capturing  ship  without  great  inconvenience;  but  in  this 
and  in  all  other  cases  of  just  detention,  the  vessel  detained  shall  be 
•sent  to  the  nearest  convenient  and  safe  port,  for  trial  and  judgment, 
according  to  law. 


166 


TEEATIES,  CONVENTIONS,  ETC. 


Article  XIX. 

And  whereas  it  frequently  happens  that  vessels  sail  for  a port  or 
place  belonging  to  an  enemy  without  knowing  that  the  same  is  be- 
sieged, blockaded  or  invested,  it  is  agreed  that  every  vessel  so  circum- 
stanced may  be  turned  away  from  such  port  or  place,  but  shall  not  be 
detained,  nor  shall  any  part  of  her  cargo,  if  not  contraband,  be  con- 
fiscated, unless  after  warning  of  such  blockade  or  investment  from 
the  commanding  officer  of  the  blockading  forces  she  shall  again 
attempt  to  enter;  but  she  shall  be  permitted  to  go  to  any  other  port 
or  place  she  shall  think  proper.  Nor  shall  any  vessel  of  either  that 
may  have  entered  into  such  port  before  the  same  was  actually  be- 
sieged, blockaded  or  invested  by  the  other,  be  restrained  from  quit- 
ting such  place  with  her  cargo,  nor  if  found  therein  after  the  reduc- 
tion and  surrender  shall  such  vessel  or  her  cargo  be  liable  to  confis- 
cation, but  they  shall  be  restored  to  the  owners  thereof. 

Article  XX. 

In  order  to  prevent  all  kinds  of  disorder  in  the  visiting  and  exami- 
nation of  the  ships  and  cargoes  of  both  the  contracting  parties  on  the 
high  seas,  they  have  agreed  mutually,  that  whenever  a vessel  of  war, 
public  or  private,  shall  meet  with  a neutral  of  the  other  contracting 
party,  the  first  shall  remain  out  of  cannon  shot,  and  may  send  its 
boat  with  two  or  three  men  only  in  order  to  execute  the  said  exami- 
nation of  the  papers  concerning  the  ownership  and  cargo  of  the 
vessel,  without  causing  the  least  extortion,  violence  or  ill  treatment, 
for  which  the  commanders  of  the  said  armed  ships  shall  be  respon- 
sible with  their  persons  and  property,  for  which  purpose  the  com- 
manders of  said  private  armed  vessels  shall,  before  receiving  their 
commissions,  give  sufficient  security  to  answer  for  all  the  damage  they 
may  commit.  And  it  is  expressly  agreed  that  the  neutral  party  shall 
in  no  case  be  required  to  go  on  board  the  examining  vessel  for  the 
purpose  of  exhibiting  her  papers  or  for  any  other  purpose  whatever. 

Article  XXI. 

To  avoid  all  kinds  of  vexation  and  abuse  in  the  examination  of  the 
papers  relating  to  the  ownership  of  the  vessels  belonging  to  the  citi- 
zens of  the  two  contracting  parties,  they  have  agreed  and  do  agree 
that  in  case  one  of  them  should  be  engaged 'in  war,  the  ships  and 
vessels  belonging  to  the  citizens  of  the  other  must  be  furnished  with 
sea-letters  or  passports  expressing  the  name,  property  and  bulk  of  the 
ship,  as  also  the  name  and  place  of  habitation  of  the  master  or  com- 
mander of  said  vessel,  in  order  that  it  may  thereby  appear  that  the 
shi])  really  and  truly  belongs  to*  the  citizens  of  one  of  the  parties; 
they  have  likewise  agreed  that  such  ships  being  laden,  besides  the 
said  f^mletters  or  passports,  shall  also  be  provided  with  certificates 
containing  the  several  particulars  of  the  cargo  and  the  jilace  whence 
the  ship  sailed,  so  that  it  may  be  known  Avhether  any  forbidden  or  con- 
traband goods  be  on  board  the  same;  which  certificates  shall  be  made 
out  by  the  officers  of  the  place  Avhence  the  ship  sailed  in  the  accus- 


CENTRAL  AMERICA 1825. 


167 


tomed  form ; without  which  requisites  said  vessel  may  be  detained  to 
be  adjudged  by  the  competent  tribunal,  and  may  be  declared  legal 
prize  unless  the  said  defect  shall  be  satisfied  or  supplied  by  testimony 
entirely  equivalent. 

Article  XXII. 

It  is  further  agreed  that  the  stipulations  above  expressed  relative  to 
the  visiting  and  examination  of  vessels  shall  apply  only  to  those 
which  sail  without  convoy ; and  when  said  vessels  shall  be  under  con- 
voy the  verbal  declaration  of  the  commander  of  the  convoy  on  his 
word  of  honor  that  the  vessels  under  his  protection  belong  to  the 
nation  whose  flag  he  carries — and  when  they  are  bound  to  an  enemy’s 
port  that  they  have  no  contraband  goods  on  board — shall  be  sufficient. 

Article  XXIII. 

It  is  further  agreed  that  in  all  cases  the  established  courts  for  prize 
causes  in  the  country  to  which  the  prizes  may  be  conducted  shall  alone 
take  cognizance  of  them.  And  whenever  such  tribunal  of  either  party 
shall  pronounce  judgment  against  any  vessel  or  goods  or  property 
claimed  by  the  citizens  of  the  other  party,  the  sentence  or  decree  shall 
mention  the  reasons  or  motives  on  which  the  same  shall  have  been 
founded  and  an  authenticated  copy  of  the  sentence  or  decree  and  of 
all  the  proceedings  in  the  case  shall,  if  demanded,  be  delivered  to  the 
commander  or  agent  of  said  vessel  without  any  delay,  he  paying  the 
legal  fees  for  the  same. 


Article  XXIV. 

Whenever  one  of  the  contracting  parties  shall  be  engaged  in  war 
with  another  State,  no  citizen  of  the  other  contracting  party  shall 
accept  a commission  or  lettter  of  marque  for  the  purpose  of  assisting 
or  cooperating  hostilely  with  the  said  enemy  against  the  said  party 
so  at  war,  under  the  pain  of  being  treated  as  a pirate. 

Article  XXV. 

If,  by  any  fatality  which  cannot  be  expected,  and  which  God  for- 
bid, the  two  contracting  parties  should  be  engaged  in  a war  with  each 
other,  they  have  agreed,  and  do  agree,  now  for  then,  that  there  shall 
be  allowed  the  term  of  six  months  to  the  merchants  residing  on  the 
coasts  and  in  the  ports  of  each  other,  and  the  term  of  one  year  to  those 
who  dwell  in  the  interior,  to  arrange  their  business  and  transport 
their  effects  wherever  they  please,  giving  to  them  the  safe  conduct 
necessary  for  it,  which  may  serve  as  a sufficient  protection  until  they 
arrive  at  the  designated  port.  The  citizens  of  all  other  occupations 
who  may  be  established  in  the  territories  or  dominions  of  the  United 
States  and  of  the  Federation  of  the  Centre  of  America,  shall  be 
respected  and  maintained  in  the  full  enjoyment  of  their  personal 
liberty  and  property,  unless  their  particular  conduct  shall  cause  them 
to  forfeit  this  protection,  which,  in  consideration  of  humanity,  the 
contracting  parties  engage  to  give  them. 


168 


TBEATIES,  CONVENTIONS,  ETC. 

Article  XXVI. 


Neither  the  debts  due  from  individuals  of  the  one  nation  to  the 
individuals  of  the  other,  nor  shares,  nor  moneys  which  they  may  have 
in  public  funds,  nor  in  public  or  private  banks,  shall  ever,  in  any 
event  of  war,  or  of  national  difference,  be  sequestered  or  confiscated. 

Article  XXVII. 

Both  the  contracting  parties  being  desirous  of  avoiding  all  inequal- 
ity in  relation  to  their  public  communications  and  official  intercourse, 
have  agreed,  and  do  agree,  to  grant  to  the  Envoys,  Ministers  and  other 
Public  Agents,  the  same  favors,  immunities  and  exemptions  which 
those  of  the  most  favored  nations  do  or  shall  enjoy,  it  being  under- 
stood that  whatever  favors,  immunities  or  privileges  the  United 
States  of  America  or  the  Federation  of  the  Centre  of  America  may 
find  it  jiroper  to  give  to  the  Ministers  and  Public  Agents  of  any  other 
jiower,  shall,  by  the  same  act,  be  extended  to  those  of  each  of  the  con- 
tracting parties. 

Article  XXVIII. 

To  make  more  effectual  the  protection  which  the  United  States  and 
the  Federation  of  the  Centre  of  America  shall  afford  in  future  to  the 
navigation  and  commerce  of  the  citizens  of  each  other,  they  agree  to 
receive  and  admit  Consuls  and  Vice-Consuls  in  all  the  ports  open  to 
foreign  commerce,  who  shall  enjoy  in  them  all  the  rights,  prerogatives 
and  immunities  of  the  Consuls  and  Vice-Consuls  of  the  most  favored 
nation;  each  contracting  party,  however,  remaining  at  liberty  to 
except  those  ports  and  places  in  which  the  admission  and  residence  of 
such  Consuls  may  not  seem  convenient. 

Article  XXIX. 

In  order  that  the  Consuls  and  Vice-Consuls  of  the  two  contracting 
parties  may  enjoy  the  rights,  prerogatives  and  immunities  which 
belong  to  tliem  by  their  public  character,  they  shall,  before  entering 
on  the  exercise  of  their  functions,  exhibit  their  commission  or  patent 
in  due  form  to  the  Government  to  which  they  are  accredited ; and 
having  obtained  their  exequatur,  they  shall  be  held  and  considered 
as  such  by  all  the  authorities,  magistrates  and  inhabitants  in  the  con- 
sular district  in  which  they  reside. 

Article  XXX. 

It  is  likewise  agreed  that  the  Consuls,  their  Secretaries,  officers  and 
persons  attached  to  the  service  of  Consuls,  they  not  being  citizens  of 
the  country  in  which  the  Consul  resides,  shall  be  exempt  from  all 
public  service,  and  also  from  all  kind  of  taxes,  imposts  and  contribu- 
tions, except  those  which  they  shall  be  obliged  to  pay  on  account  of 
commerce  or  their  property,  to  which  the  citizens  and  inhabitants, 
native  and  foreign,  of  the  country  in  which  they  reside  are  subject, 
being  in  everything  besides  subject  to  the  laws  of  the  respective 
Slates.  I he  archives  and  papers  of  the  consulate  shall  be  respected 
inviolably,  and  under  no  jiretext  whatever  shall  any  magistrate  seize 
or  in  any  way  interfere  with  them. 


CENTRAL  AMERICA ^1825. 


169 


Article  XXXI. 

The  said  Consuls  shall  have  power  to  require  the  assistance  of  the 
authorities  of  the  country  for  the  arrest,  detention  and  custody  of 
deserters  from  the  public  and  private  vessels  of  their  country,  and 
for  that  purpose  they  shall  address  themselves  to  the  courts,  judges 
and  officers  competent,  and  shall  demand  the  said  deserters  in  writing, 
proving  by  an  exhibition  of  the  registers  of  the  vessel  or  ship’s  roll, 
or  other  public  documents,  that  those  men  were  part  of  the  said  crews ; 
and,  on  this  demand  so  proved,  (saving,  however,  where  the  con- 
trary is  proved,)  the  delivery  shall  not  be  refused.  Such  deserters, 
when  arrested,  shall  be  put  at  the  disposal  of  the  said  Consuls,  and 
may  be  put  in  the  public  prisons  at  the  request  and  expense  of  those 
who  reclaim  them,  to  be  sent  to  the  ships  to  which  they  belong,  or  to 
others  of  the  same  nation.  But  if  they  be  not  sent  back  within  two 
months,  to  be  counted  from  the  day  of  their  arrest,  they  shall  be 
set  at  liberty  and  shall  be  no  more  arrested  for  the  same  cause. 

Article  XXXII. 

For  the  purpose  of  more  effectually  protecting  their  commerce  and 
navigation,  the  two  contracting  parties  do  hereby  agree,  as  soon 
hereafter  as  circumstances  will  permit  them,  to  form  a consular  con- 
vention, which  shall  declare  specially  the  powers  and  immunities  of 
the  Consuls  and  Vice-Consuls  of  the  respective  parties. 

Article  XXXIII. 

The  United  States  of  America  and  the  Federation  of  the  Centre  of 
America,  desiring  to  make  as  durable  as  circumstances  will  permit  the 
relations  which  are  to  be  established  between  the  two  parties  by  virtue 
of  this  treaty  or  general  convention  of  peace,  amity,  commerce  or 
navigation,  have  declared  solemnly,  and  do  agree  to  the  following 
points : 

1st.  The  present  treaty  shall  remain  in  full  force  and  virtue  for  the 
term  of  twelve  years,  to  be  counted  from  the  day  of  the  exchange  of 
the  ratifications,  in  all  the  parts  relating  to  commerce  and  naviga- 
tion; and  in  all  those  parts  which  relate  to  peace  and  friendship  it 
shall  be  permanently  and  perpetually  binding  on  both  powers. 

2d.  If  any  one  or  more  of  the  citizens  of  either  party  shall  infringe 
any  of  the  articles  of  this  treaty,  such  citizen  shall  be  held  personally 
responsible  for  the  same,  and  the  harmony  and  good  correspondence 
between  the  two  nations  shall  not  be  interrupted  thereby;  each  party 
engaging  in  no  way  to  protect  the  offender  or  sanction  such  violation. 

3d.  If,  (which  indeed  cannot  be  expected,)  unfortunately,  any  of 
the  articles  contained  in  the  present  treaty  shall  be  violated  or  in- 
fringed in  any  other  way  whatever,  it  is  expressly  stipulated  that 
neither  of  the  contracting  parties  will  order  or  authorize  any  acts 
of  reprisal,  nor  declare  war  against  the  other  on  complaints  of  in- 
juries or  damages  until  the  said  party  considering  itself  offended 
shall  first  have  presented  to  the  other  a statement  of  such  injuries  or 
damages,  verified  by  competent  proof,  and  demanded  justice  and 
satisfaction,  and  the  same  shall  have  been  either  refused  or  unreason- 
ably delayed. 


170 


TREATIES,  CONVENTIONS,  ETC. 


4li.  Nothing  in  this  treaty  contained  shall,  however,  be  construed 
or  o^ierate  contrary  to  former  and  existing  public  treaties  with  other 
Sovereigns  or  States. 

The  present  treaty  of  peace,  amity,  commerce  and  navigation  shall 
be  a2iproved  and  ratified  by  the  President  of  the  United  States  of 
America,  by  and  with  the  advice  and  consent  of  the  Senate  thereof, 
and  by  the  Government  of  the  Federation  of  the  Centre  of  America, 
and  the  ratifications  shall  be  exchanged  in  the  city  of  Guatemala 
within  eight  months  from  the  date  of  the  signature  hereof,  or  sooner 
if  jiossible. 

In  faith  whereof  we,  the  PlenijDotentiaries  of  the  United  States  of 
America  and  of  the  Federation  of  the  Centre  of  America,  have  signed 
and  sealed  these  jiresents. 

Done  in  the  city  of  Washington  on  the  fifth  day  of  December,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  twenty-five,  in 
the  fiftieth  year  of  the  Independence  of  the  United  States  of  America, 
and  the  fifth  of  that  of  the  Federation  of  the  Centre  of  America,  in 
dujilicate. 

[seal.] 

[seal.] 


H.  Clay. 

Antonio  Jose  Canas 


CHILE. 

1832.“ 

Convention  of  Peace,  Amity,  Commerce,  and  Navigation. 

Concluded  May  16, 1832;  ratification  advised  hy  the  Senate  December 
19,  1832;  ratified  by  the  President  April  26,  1834;  ratifications  ex- 
changed April  29, 1834;  proclaimed  April  29, 1834. 

Akticles. 


I.  Amity. 

II.  Most  favored  nation. 

III.  Freedom  of  commerce  and  navi- 

gation. 

IV.  Reciprocal  privileges  in  business 

affairs. 

V.  Indemity  for  vessels  detained. 

VI.  Asylum  to  vessels. 

VII.  Captures  by  pirates. 

VIII.  Shipwrecks. 

IX.  Disposition  of  property. 

X.  Special  protection  to  citizens. 

XI.  Religious  freedom. 

XII.  Free  ships,  free  goods. 

XIII.  Cargoes  of  neutrals. 

XIV.  Contraband  goods. 

XV.  Trading  privileges  of  neutrals. 

XVI.  Contraband  goods. 


XVII.  Blockade. 

XVIII.  Visitation  and  search. 

XIX.  Nationality  of  A-essels. 

XX.  Vessels  under  convoy. 

XXI.  Prize  courts. 

XXII.  Letters  of  marque. 

XXIII.  Reciprocal  treatment  of  citi- 
zens in  war. 

XXIV.  Nonconfiscation  of  debts  and 
securities. 

XXV.  Most  favored  nation  privi- 
leges to  ministers. 

XXVI.  Consuls. 

XXVH.  Exequatur. 

XXVIII.  Privileges  of  consuls. 

XXIX.  Deserters. 

XXX.  Consular  convention. 

XXXI.  Duration ; ratification. 


In  the  name  of  God,  Author  and  Legislator  of  the  Universe. 

The  United  States  of  America  and  the  Republic  of  Chili,  desiring 
to  make  firm  and  lasting  the  friendship  and  good  understanding 
which  happily  prevail  between  both  nations,  have  resolved  to  fix,  in  a 
manner  clear,  distinct  and  positive,  the  rules  which  shall  in  future 
be  religiously  observed  between  the  one  and  the  other,  by  means  of  a 
treaty  or  general  convention  of  peace  and  friendship,  commerce  and 
navigation. 

For  this  most  desirable  object,  the  President  of  the  United  States  of 
America,  by  and  with  the  advice  and  consent  of  the  Senate  thereof, 
has  appointed  and  conferred  full  powers  on  John  Hamm,  a citizen  of 
said  States,  and  their  Charge  d’ Affaires  near  the  said  Republic ; and 
His  Excellency  the  President  of  the  Republic  of  Chili  has  appointed 
Senor  Don  Andres  Bello,  a citizen  of  the  said  Republic ; 

And  the  said  Plenipotentiaries,  after  having  mutually  produced 
and  exchanged  copies  of  their  fidl  powers  in  due  and  proper  form, 
have  agreed  upon  and  concluded  the  following  articles,  videlicet ; 


“ This  treaty  was  terminated  January  20,  1850,  on  notice  given  by  the  Chilean 
Government.  Federal  case;  U.  S.  v.  Turnbull  (48  Fed.  Rep.  94). 


171 


172 


TREATIES,  CONVENTIONS,  ETC. 


Article  I. 

There  shall  be  a perfect,  firm  and  inviolable  peace  and  sincere 
friendship  between  the  United  States  of  America  and  the  Republic  of 
Chili,  in  all  the  extent  of  their  possessions  and  territories,  and  be- 
tween their  people  and  citizens,  respectively,  without  distinction  of 
persons  or  places. 

Article  II. 

The  United  States  of  America  and  the  Republic  of  Chili,  desiring 
to  live  in  peace  and  harmony  with  all  the  other  nations  of  the  earth, 
by  means  of  a j^olicy  frank  and  equally  friendly  with  all,  engage 
mutuall.v,  not  to  grant  any  particular  favor  to  other  nations  in  re- 
spect of  commerce  and  navigation,  which  shall  not,  immediately, 
become  common  to  the  other  party,  who  shall  enjoy  the  same  freely, 
if  the  concession  was  freely  made,  or  on  allowing  the  same  compensa- 
tion if  the  concession  was  conditional.  It  is  understood,  however, 
that  the  relations  and  convention  which  now  exist,  or  may  hereafter 
exist,  between  the  Republic  of  Chili  and  the  Republic  of  Bolivia,  the 
federation  of  the  Centre  of  America,  the  Republic  of  Colombia,  the 
United  States  of  Mexico,  the  Republic  of  Peru,  or  the  United  Prov- 
inces of  the  Rio  de  la  Plata,  shall  form  exceptions  to  this  article. 

Article  III. 

The  citizens  of  the  United  States  of  America  may  frequent  all  the 
coasts  and  countries  of  the  Republic  of  Chili,  and  reside  and  trade 
there  in  all  sorts  of  produce,  manufactures  and  merchandise,  and  shall 
pay  no  other  or  greater  duties,  charges  or  fees,  whatsoever,  than  the 
most  favored  nation  is  or  shall  be  obliged  to  pay;  and  they  shall  en- 
joy all  the  rights,  privileges  and  exemptions  in  navigation  and  com- 
merce, which  the  most  favored  nation  does  or  shall  enjoy,  submitting 
themselves,  nevertheless,  to  the  laws,  decre&s  and  usages  there  estab- 
lished. and  to  which  are  submitted  the  citizens  and  subjects  of  the 
most  lavored  nations. 

In  like  manner  the  citizens  of  the  Republic  of  Chili  may  frequent 
all  the  coasts  and  countries  of  the  I'^nited  States  of  America,  and  re- 
side and  trade  there,  in  all  sorts  of  produce,  manufactures  and  mer- 
chandise, and  shall  pay  no  other  or  greater  duties,  charges  or  fees 
whatsoever,  than  the  most  favored  nation  is  or  shall  be  obliged  to 
pay,  and  they  shall  enjoy  all  the  rights,  privileges  and  exemptions  in 
commerce  and  navigation  Avhich  the  most  favored  nation  does  or 
shall  enjoy,  submitting  themselves,  nevertheless,  to  the  laws,  decrees 
and  usages  there  established,  and  to  which  are  submitted  the  citizens 
and  subjects  of  the  most  favored  nations.  But  it  is  understood  that 
this  article  does  not  include  the  coasting  trade  of  either  country,  the 
regulation  of  which  is  reserved  by  the  parties,  respectively,  accord- 
ing to  their  own  separate  laws. 


Article  IV. 


It  is  likcAvise  agreed  that  it  shall  be  Avholly  free  for  all  merchants, 
commanders  of  ships  and  other  citizens  of  both  countries,  to  manage, 
themselves,  their  own  business,  in  all  ports  and  places  subject  to  the 


CHILE — 1832. 


173 


jurisdiction  of  each  other,  as  well  with  respect  to  the  consignment 
and  sale  of  their  goods  and  merchandise,  by  wholesale  and  retail,  as 
with  respect  to  the  loading,  unloading,  and  sending  off  their  ships, 
they  being  in  all  these  cases  to  be  treated  as  citizens  of  the  country  in 
which  they  reside,  or  at  least  to  be  placed  on  a footing  with  the  citi- 
zens or  subjects  of  the  most  favored  nation. 

Artiol'e  V. 

The  citizens  of  neither  of  the  contracting  parties  shall  be  liable  to 
any  embargo,  nor  be  detained  with  their  vessels,  cargoes,  merchan- 
dise or  effects  for  any  military  expedition,  nor  for  any  public  or 
private  purpose  whatever,  without  allowing  to  those  interested  a 
sufficient  indemnification. 

Article  VI. 

Whenever  the  citizens  of  either  of  the  contracting  parties  shall  be 
forced  to  seek  refuge  or  asylum  in  the  rivers,  bays,  ports  or  domin- 
ions of  the  other,  with  their  vessels,  whether  of  merchant  or  of  war, 
public  or  private,  through  stress  of  weather,  pursuit  of  pirates  or 
enemies,  they  shall  be  received  and  treated  with  humanity,  giving  to 
them  all  favor  and  protection  for  repairing  their  ships,  procuring 
provisions,  and  placing  themselves  in  a situation  to  continue  their 
voyage  without  obstacle  or  hindrance  of  any  kind. 

Article  VII. 

All  the  ships,  merchandise,  and  effects  belonging  to  the  citizens  of 
one  of  the  contracting  parties,  which  may  be  captured  by  pirates, 
whether  within  the  limits  of  its  jurisdiction  or  on  the  high  seas,  and 
may  be  carried  or  found  in  the  rivers,  roads,  bays,  ports  or  dominions 
of  the  other,  shall  be  delivered  up  to  the  owners,  they  proving  in  due 
and  proper  form  their  rights  before  the  competent  tribunals;  it 
being  well  understood  that  the  claim  should  be  made  within  the  term 
of  one  year,  by  the  parties  themselves,  their  attorneys,  or  agents  of 
their  respective  Governments. 

Article  VIII. 

When  any  vessel  belonging  to  the  citizens  of  either  of  the  contract- 
ing parties  shall  be  wrecked,  foundered  or  suffer  any  damage  on  the 
coasts  or  within  the  dominions  of  the  other,  there  shall  be  given  to 
them  all  assistance  and  protection  in  the  same  manner  which  is 
usual  and  customary  with  the  vessels  of  the  nation  where  the  damage 
happens,  permitting  them  to  unload  the  said  vessel,  if  necessary,  of 
its  merchandise  and  effects,  without  exacting  for  it  any  duty,  impost 
or  contribution  whatever,  until  they  may  be  exported,  unless  they  be 
destined  for  consumption  in  the  country. 

Article  IX. 

The  citizens  of  each  of  the  contracting  parties  shall  have  power 
to  dispose  of  their  personal  goods  within  the  jurisdiction  of  the  other, 
by  sale,  donation,  testament  or  otherwise,  and  their  representatives, 


174 


TREATIES,  CONVENTIONS,  ETC. 


being  citizens  of  the  other  party,  shall  succeed  to  their  said  personal 
goods,  whether  by  testament  or  ab  intestato^  and  they  may  take 
jiossession  thereof,  either  by  themselves  or  others  acting  for  them, 
and  dispose  of  the  same  at  their  will,  jiaying  such  dues  only  as  the 
inhabitants  of  the  country  wherein  the  said  goods  are  shall  be  subject 
to  pay  in  like  cases;  and  if  in  the  case  of  real  estate  the  said  heirs 
would  be  prevented  from  entering  into  the  possession  of  the  inherit- 
ance, on  account  of  their  character  of  aliens,  there  shall  be  granted 
to  them  the  term  of  three  years  to  dispose  of  the  same,  as  they  may 
think  proper,  and  to  withdraw  the  proceeds  without  molestation  and 
exempt  from  any  other  charges  than  those  which  may  be  imposed 
by  the  laws  of  the  country. 


Article  X. 

Both  the  contracting  parties  promise  and  engage  formally  to  give 
their  sjiecial  protection  to  the  persons  and  property  of  the  citizens  of 
each  other,  of  all  occupations,  who  may  be  in  the  territories  subject 
to  the  jurisdiction  of  the  one  or  the  other,  transient  or  dwelling 
therein,  leaving  open  and  free  to  them  the  tribunals  of  justice  for 
their  judicial  recourse  on  the  same  terms  which  are  usual  and  custo- 
mary with  the  natives  or  citizens  of  the  country  in  which  they  may 
be;  for  which  they  may  employ  in  defence  of  their  rights  such 
advocates,  solicitors,  notaries,  agents  and  factors  as  they  may  judge 
proper,  in  all  their  trials  at  law;  and  such  citizens  or  agents  shall  have 
free  opjiortunity  to  be  present  at  the  decisions  and  sentences  of  the 
tribunals,  in  all  cases  which  may  concern  them,  and  likewise  at  the 
taking  of  all  examinations  and  evidence  which  may  be  exhibited  in 
the  said  trials. 

Article  XI. 

It  is  likewise  agreed  that  the  most  perfect  and  entire  security  of 
conscience  shall  be  enjoyed  by  the  citizens  of  both  the  contracting 
parties  in  the  countries  subject  to  the  jurisdiction  of  the  one  and  the 
other,  without  their  being  liable  to  be  disturbed  or  molested  on 
account  of  their  religious  belief,  so  long  as  they  respect  the  laws  and 
established  usages  of  the  country.  Moreover,  the  bodies  of  the 
citizens  of  one  of  the  contracting  parties,  who  may  die  in  the  terri- 
tories of  the  other,  shall  be  buried  in  the  usual  burying  grounds,  or 
in  other  decent  or  suitable  places,  and  shall  be  protected  from  viola- 
tion or  disturbance. 

Article  XII. 

It  shall  be  lawful  for  the  citizens  of  the  United  States  of 
America  and  of  the  Republic  of  Chili  to  sail  with  their  ships,  with 
all  manner  of  liberty  and  security,  no  distinction  being  made  who 
are  the  proprietors  of  the  merchandise  laden  thereon,  from  any  port 
to  the  places  of  those  who  now  are  or  hereafter  shall  be  at  enmity 
Avith  either  of  the  contracting  parties.  It  shall  likewise  be  lawful 
for  the  citizens  aforesaid  to  sail  with  the  ships  and  merchandise 
before  mentioned,  and  to  trade  with  the  same  liberty  and  security 
froni  the  places,  ports  and  havens  of  those  who  are  enemies  of  both 
or  either  party,  without  any  opposition  or  disturbance  whatsoever,  not 


CHILE 1832. 


175 


only  directly  from  the  places  of  the  enemy,  before  mentioned,  to 
neutral  places,  but  also  from  one  place  belonging  to  an  enemy  to 
another  place  belonging  to  an  enemy,  whether  they  be  under  the 
jurisdiction  of  the  one  power  or  under  several.  And  it  is  hereby 
stipulated  that  free  ships  shall  also  give  freedom  to  goods,  and  that 
every  thing  shall  be  deemed  to  be  free  and  exempt  which  shall  be 
found  on  board  the  ships  belonging  to  the  citizens  of  either  of  the 
contracting  parties,  although  the  whole  lading  or  any  part  thereof, 
should  appertain  to  the  enemies  of  either,  contraband  goods  being 
always  excepted.  It  is  also  agreed,  in  like  manner,  that  the  same 
liberty  be  extended  to  persons  who  are  on  board  a free  ship,  with  this 
effect,  that  although  they  be  enemies  to  both  or  either,  they  are  not 
to  be  taken  out  of  that  free  ship  unless  they  are  officers  or  soldiers 
and  in  the  actual  service  of  the  enemies:  Provided,  however,  and  it 
is  hereby  agreed,  that  the  stipulations  in  this  article  contained, 
declaring  that  the  flag  shall  cover  the  property,  shall  be  understood 
as  applying  to  those  powers  only  who  recognize  the  principle;  but 
if  either  of  the  two  contracting  parties  should  be  at  war  with  a 
third,  and  the  other  neutral,  the  flag  of  the  neutral  shall  cover  the 
property  of  enemies  whose  Governments  acknowledge  this  principle, 
and  not  of  others. 

Article  XIII. 

It  is  likewise  agreed  that  in  the  case  where  the  neutral  flag  of  one 
of  the  contracting  parties  shall  protect  the  property  of  the  enemies 
of  the  other,  by  virtue  of  the  above  stipulation,  it  shall  always  be 
understood  that  the  neutral  property  found  on  board  such  enemy’s 
vessels  shall  be  held  and  considered  as  enemy’s  property,  and  as  such 
shall  be  liable  to  detention  and  confiscation,  except  such  property  as 
was  put  on  board  such  vessel  before  the  declaration  of  war,  or  even 
afterwards,  if  it  were  done  without  the  knowledge  of  it ; but  the  con- 
tracting parties  agree  that,  four  months  having  elapsed  after  the  dec- 
laration, their  citizens  shall  not  plead  ignorance  thereof.  On  the  con- 
trary, if  the  flag  of  the  neutral  does  not  protect  the  enemy’s  property, 
in  that  case  the  goods  and  merchandise  of  the  neutral  embarked  in 
such  enemy’s  ship  shall  be  free. 

Article  XIV. 

This  liberty  of  commerce  and  navigation  shall  extend  to  all  kinds  of 
merchandises,  excepting  those  only  which  are  distinguished  by  the 
name  of  contraband,  and  under  this  name  of  contraband  or  prohibited 
goods,  shall  be  comprehended — - 

1.  Cannons,  mortars,  howitzers,  swivels,  blunderbusses,  muskets, 
fuzees,  rifles,  carbines,  pistols,  pikes,  swords,  sabres,  lances,  spears, 
halberds  and  grenades,  bombs,  powder,  matches,  balls  and  all  other 
things  belonging  to  the  use  of  these  arms. 

2.  Bucklers,  helmets,  breastplates,  coats  of  mail,  infantry  belts  and 
clothes  made  up  in  the  form  and  for  a military  use. 

3.  Cavalry  belts,  and  horses  with  their  furniture. 

4.  And  generally  all  kinds  of  arms  and  instruments  of  iron,  steel, 
brass  and  copper,  or  of  any  other  materials  manufactured,  prepared 
and  formed  expressly  to  make  war  by  sea  or  land. 


176 


TREATIES,  CONVENTIONS,  ETC. 

Article  XV. 


All  other  merchandise  and  things  not  comprehended  in  the  articles 
of  contraband  explicitly  enumerated  and  classified  as  above,  shall  be 
held  and  considered  as  free,  and  subjects  of  free  and  lawful  com- 
merce, so  that  they  may  be  carried  and  transported  in  the  freest  man- 
ner by  both  the  contracting  parties,  even  to  places  belonging  to  an 
enemy,  excepting  only  those  places  which  are  at  that  time  besieged 
or  blockaded;  and,  to'avoid  all  doubt  in  this  particular,  it  is  declared 
that  those  places  only  are  besieged  or  blockaded  which  are  actually 
attacked  by  a belligerent  force  capable  of  preventing  the  entry  of 
the  neutral. 

Article  XVI. 

The  articles  of  contraband,  before  enumerated  and  classified,  which 
may  be  found  in  a vessel  bound  for  an  enemy’s  port,  shall  be  subject 
to  detention  and  confiscation,  leaving  free  the  rest  of  the  cargo  and 
the  ship,  that  the  owners  may  dispose  of  them  as  they  see  proper. 
Xo  vessel  of  either  of  the  two  nations  shall  be  detained  on  the  high 
seas  on  account  of  having  on  board  articles  of  contraband,  whenever 
the  master,  captain,  or  supercargo  of  said  vessel  will  deliver  up  the 
articles  of  contraband  to  the  cajDtor,  unless  the  quantity  of  such 
articles  be  so  great,  and  of  so  large  a bulk,  that  they  cannot  be  re- 
ceived on  board  the  capturing  ship  without  great  inconvenience ; but 
in  this  and  in  all  other  cases  of  just  detention,  the  vessel  detained  shall 
be  sent  to  the  nearest  convenient  and  safe  port,  for  trial  and  judg- 
ment according  to  law. 


Article  XVII. 

And  whereas  it  frequently  happens  that  vessels  sail  for  a port  or 
place  belonging  to  an  enemy,  without  knowing  that  the  same  is  be- 
sieged, blockaded  or  invested,  it  is  agreed  that  every  vessel  so  circum- 
stanced may  be  turned  away  from  such  port  or  place,  but  shall  not  be 
detained,  nor  shall  any  part  of  her  cargo,  if  not  contraband,  be 
confiscated,  unless  after  warning  of  such  blockade  or  investment 
from  any  officer  commanding  a vessel  of  the  blockading  forces  she 
shall  again  attempt  to  enter;  but  she  shall  be  permitted  to  go  to  any 
other  port  or  place  she  shall  think  proper.  Xor  shall  any  vessel  of 
either  that  may  have  entered  into  such  port  before  the  same  was  actu- 
ally besieged,  blockaded,  or  invested  by  the  other,  be  restrained  from 
quitting  such  place  with  her  cargo,  nor  if  found  therein  after  the 
reduction  and  surrender,  shall  such  vessel  or  her  cargo  be  liable  to 
confiscation,  but  they  shall  be  restored  to  the  owners  thereof;  and  if 
any  I’essel  having  thus  entered  the  port  before  the  blockade  took  place, 
shall  take  on  board  a cargo  after  the  blockade  be  established,  she  shall 
be  subject  to  be  warned  by  the  blockading  forces,  to  return  to  the  port 
blockaded,  and  discharge  the  said  cargo;  and,  if  after  receiving  the 
said  warning,  the  vessel  shall  persist  in  going  out  with  the  cargo,  she 
shall  be  liable  to  the  same  consequences  as  a vessel  attempting  to 
enter  a blockaded  port  after  being  warned  off  by  the  blockading 
forces. 


CHILE 1832. 


177 


Article  XVIII. 

In  order  to  prevent  all  kinds  of  disorder  in  the  visiting  and  ex- 
amination of  the  ships  and  cargoes  of  both  the  contracting  parties 
on  the  high  seas,  they  have  agreed  mutually,  that  whenever  a vessel 
of  war,  public  or  private,  shall  meet  with  a neutral  of  the  other  con- 
tracting party,  the  first  shall  remain  at  the  greatest  distance  compat- 
ible with  making  the  visit,  under  the  circumstances  of  the  sea  and 
wind,  and  the  degree  of  suspicion  attending  the  vessel  to  be  visited, 
and  shall  send  its  smallest  boat  in  order  to  execute  the  said  examina- 
tion of  the  papers  concerning  the  ownership  and  cargo  of  the  vessel, 
without  causing  the  least  extortion,  violence  or  ill-treatment,  for 
which  the  commanders  of  the  said  armed  ships  shall  be  responsible 
with  their  persons  and  property ; for  which  purpose  the  commanders 
of  the  said  private  armed  vessels  shall,  before  receiving  their  commis- 
sions, give  sufficient  security  to  answer  for  all  damages  they  may  com- 
mit. And  it  is  expressly  agreed,  that  the  neutral  party  shall  in  no 
case  be  required  to  go  on  board  the  examining  vessel  for  the  .purpose 
of  exhibiting  her  papers,  or  for  any  other  purpose  whatever. 

Article  XIX. 

To  avoid  all  kind  of  vexation  and  abuse  in  the  examination  of  the 
papers  relating  to  the  ownership  of  the  vessels  belonging  to  the  citi- 
zens of  the  two  contracting  parties,  they  have  agreed  and  do  agree, 
that,  in  case  one  of  them  shall  be  engaged  in  war,  the  ships  and  ves- 
sels belonging  to  the  citizens  of  the  other  must  be  furnished  with  sea- 
letters  or  passports,  expressing  the  name,  property  and  bulk  of  the 
ship,  as  also  the  name  and  place  of  habitation  of  the  master  or  com- 
mander of  said  vessel,  in  order  that  it  may  thereby  appear  that  the 
ship  really  and  truly  belongs  to  the  citizens  of  one  of  the  parties ; they 
have  likewise  agreed  that,  such  ships  being  laden,  besides  the  sea- 
letters  or  passports,  shall  also  be  provided  with  certificates  containing 
the  several  particulars  of  the  cargo,  and  the  place  whence  the  ship 
sailed,  so  that  it  may  be  known  whether  any  forbidden  or  contraband 
goods  be  on  board  the  same;  which  certificates  shall  be  made  out  by 
the  officers  of  the  place  whence  the  ship  sailed,  in  the  accustomed 
form ; without  which  requisites  said  vessel  may  be  detained,  to  be  ad- 
judged by  the  competent  tribunal,  and  may  be  declared  legal  prize, 
unless  the  said  defect  shall  be  proved  to  be  owing  to  accident,  and  be 
satisfied  or  supplied  by  testimony  entirely  equivalent. 

Article  XX. 

It  is  further  agreed  that  the  stipulations  above  expressed,  relative  to 
the  visiting  and  examination  of  vessels,  shall  apply  only  to  those  which 
sail  without  convoy ; and  when  said  vessels  shall  be  under  convoy,  the 
verbal  declaration  of  the  commander  of  the  convoy,  on  his  word  of 
honor,  that  the  vessels  under  his  protection  belong  to  the  nation 
whose  flag  he  carries,  and,  when  they  are  bound  to  an  enemy’s  port, 
that  they  have  no  contraband  goods  on  board,  shall  be  sufficient. 

24449— VOL  1—10 12 


178 


TREATIES,  CONVENTIONS,  ETC, 
Article  XXI. 


It  is  further  agreed  that  in  all  cases  the  established  courts  for  prize 
causes,  in  the  country  to  which  the  prizes  may  be  conducted,  shall 
alone  take  cognizance  of  them.  And  whenever  such  tribunal  of 
either  iiarty  shall  pronounce  judgment  against  any  vessel  or  goods 
or  property  claimed  by  the  citizens  of  the  other  party,  the  sentence 
or  decree  shall  mention  the  reasons  or  motives  on  which  the  same 
shall  have  been  founded,  and  an  authenticated  copy  of  the  sentence 
or  decree  and  of  all  the  proceedings  in  the  case,  shall,  if  demanded,  be 
delivered  to  the  commandant  or  agent  of  said  vessel  without  any 
dela}",  he  paying  the  legal  fees  for  the  same. 

Article  XXII. 

Whenever  one  of  the  contracting  parties  shall  be  engaged  in  war 
with  another  State,  no  citizen  of  the  other  contracting  party  shall 
accept  a commission  or  letter  of  marque  for  the  purpose  of  assisting 
or  co-operating  hostilely  with  the  said  enemy  against  the  said  party 
so  at  war,  under  the  pain  of  being  treated  as  a pirate. 

Article  XXIII. 

If,  by  any  fatality,  which  cannot  be  expected,  and  which  God  for- 
bid, the  two  contracting  parties  should  be  engaged  in  a war  with  each 
other,  they  have  agreed  and  do  agree,  now  for  then,  that  there  shall 
be  allowed  the  term  of  six  months  to  the  merchants  residing  on  the 
coasts  and  in  the  ports  of  each  other,  and  the  term  of  one  year  to 
those  who  dwell  in  the  interior,  to  arrange  their  business  and  trans- 
port their  effects  wherever  they  please,  giving  to  them  the  safe  con- 
duct necessary  for  it,  which  may  serve  as  a sufficient  protection  until 
they  arrive  at  the  designated  port.  The  citizens  of  all  other  occupa- 
tions who  may  be  established  in  the  territories  or  dominions  of  the 
United  States  of  America  and  of  the  Republic  of  Chili,  shall  be 
respected  and  maintained  in  the  full  enjoyment  of  their  personal 
liberty  and  property,  unless  their  particular  conduct  shall  cause  them 
to  forfeit  this  protection,  which,  in  consideration  of  humanity,  the 
contracting  parties  engage  to  give  them. 

Article  XXIV. 

Neither  the  debts  due  from  the  individuals  of  the  one  nation  to  the 
individuals  of  the  other,  nor  shares,  nor  money  which  they  may  have 
in  public  funds,  nor  in  public  or  private  banks,  shall  ever,  in  any 
event  of  war  or  of  national  difference,  be  sequestrated  or  confiscated. 

Article  XXV. 

Both  the  contracting  parties,  being  desirous  of  avoiding  all  in- 
equality in  relation  to  their  public  communications  and  official  inter- 
course, have  agreed  and  do  agree  to  gi'ant  to  their  Envoys,  Ministers 
and  other  Public  Agents,  the  same  favors,  immunities  and  exemp- 
tions which  those  of  the  most  favored  nation  do  or  shall  enjoy;  it 


CHILE — 1832. 


179 


being  understood  that  whatever  favors,  immunities  or  privileges  the 
United  States  of  America  or  the  Eepublic  of  Chili  may  find  it  proper 
to  give  to  the  Ministers  and  Public  Agents  of  any  other  power,  shall 
by  the  same  act,  be  extended  to  those  of  each  of  the  contracting 
jiarties. 

Article  XXVI. 

To  make  more  effectual  the  protection  which  the  United  States  of 
America  and  the  Eepublic  of  Chili  shall  afford  in  future  to  the  navi- 
gation and  conmierce  of  the  citizens  of  each  other,  they  agree  to  re- 
ceive and  admit  Consuls  and  Vice-Consuls  in  all  the  ports  open  to 
foreign  commerce,  who  shall  enjoy  in  them  all  the  rights,  preroga- 
tives and  immunities  of  the  Consuls  and  Vice-Consuls  of  the  most 
favored  nations;  each  contracting  party,  however,  remaining  at  lib- 
erty to  except  those  ports  and  places  in  which  the  admission  and  resi- 
dence of  such  Consuls  may  not  seem  convenient. 

Article  XXVII. 

In  order  that  the  Consuls  and  Vice-Consuls  of  the  two  contracting 
parties  may  enjoy  the  rights,  prerogatives  and  immunities  which  be- 
long to  them,  by  their  public  character,  they  shall,  before  entering  on 
the  exercise  of  their  functions,  exhibit  their  commission  or  patent,  in 
due  form,  to  the  Government  to  which  they  are  accredited ; and, 
having  obtained  their  exequatur,  they  shall  be  held  and  considered 
^ as  such,  by  all  the  authorities,  magistrates  and  inhabitants,  in  the 
consular  district  in  which  they  reside. 

Article  XXVIII. 

It  is  likewise  agreed  that  the  Consuls,  their  Secretaries,  officers  and 
persons  attached  to  the  service  of  Consuls,  they  not  being  citizens  of 
the  country  in  which  the  Consul  resides,  shall  be  exempt  from  all 
public  service,  and  also  from  all  kinds  of  taxes,  imposts  and  contri- 
butions, except  those  which  they  shall  be  obliged  to  pay  on  account 
of  commerce,  or  their  property,  to  which  the  citizens  and  inhabitants, 
native  and  foreign,  of  the  country  in  which  they  reside  are  subject; 
being  in  everything  besides  subject  to  the  laws  of  their  respective 
States.  The  archives  and  papers  of  the  consulate  shall  be  respected 
inviolably,  and  under  no  pretext  whatever  shall  any  magistrate  seize 
or  in  any  way  interfere  with  them. 

Article  XXIX. 

The  said  Consuls  shall  have  power  to  require  the  assistance  of  the 
authorities  of  the  country  for  the  arrest,  detention  and  custody  of  de- 
serters from  the  public  and  private  vessels  of  their  country;  and  for 
that  purpose  they  shall  address  themselves  to  the  courts,  judges  and 
officers  competent,  and  shall  demand  the  said  deserters  in  writing, 
proving  by  an  exhibition  of  the  registers  of  the  vessel’s  or  ship’s  roll, 
or  other  public  documents,  that  those  men  were  part  of  said  crews; 
and  on  this  demand,  so  proved,  (saving,  however,  where  the  contrary 
is  proved,)  the  delivery  shall  not  be  refused.  Such  deserters,  when 


180 


TREATIES,  CONVENTIONS,  ETC. 


arrested,  shall  be  put  at  the  disposal  of  said  .Consuls,  and  may  be  put 
in  the  public  prison  at  the  request  and  expense  of  those  who  reclaim 
them,  to  be  sent  to  the  ships  to  which  they  belonged  or  to  others  of  the 
same  nation.  But  if  they  be  not  sent  back  within  two  months,  reck- 
oning from  the  day  of  their  arrest,  they  shall  be  set  at  libertjq  and 
shall  no  more  be  arrested  for  the  same  cause.  It  is  understood,  how- 
ever, that  if  the  deserter  should  be  found  to  have  committed  any 
crime  or  offence,  his  surrender  may  be  delayed  until  the  tribunal  be- 
fore which  the  case  may  be  depending  shall  have  pronounced  its  sen- 
tence, and  such  sentence  shall  have  been  carried  into  effect. 

Article  XXX. 

For  the  purpose  of  more  effectually  protecting  their  commerce  and 
navigation,  the  two  contracting  parties  do  hereby  agree,  as  soon  here- 
after as  circumstances  will  permit  them,  to  form  a consular  conven- 
tion, which  shall  declare,  specially,  the  powers  and  immunities  of  the 
Consuls  and  Vice-Consuls  of  the  respective  parties. 

Article  XXXI. 

The  United  States  of  America  and  the  Eepublic  of  Chili,  desiring 
to  make  as  durable  as  circumstances  will  permit  the  relations  which 
are  to  be  established  between  the  two  parties,  by  virtue  of  this  treaty 
or  general  convention  of  peace,  amity,  commerce  and  naidgation,  have 
declared  solemnly,  and  do  agree  to  the  following  points: 

1st.  The  present  treatly  shall  remain  in  full  force  and  virtue  for 
the  term  of  twelve  years,  to  be  reckoned  from  the  day  of  the  exchange 
of  the  ratifications;  and,  further  until  the  end  of  one  year  after  either 
of  the  contracting  parties  shall  have  given  notice  to  the  other  of  its 
intention  to  terminate  the  same;  each  of  the  contracting  parties  re- 
serving to  itself  the  right  of  giving  such  notice  to  the  other  at  the  end 
of  said  term  of  twelve  years : and  it  is  hereby  agreed  between  them 
that^  on  the  expiration  of  one  year  after  such  notice  shall  have  been 
received  by  either,  from  the  other  party,  this  treaty  in  all  the  parts 
relating  to  commerce  and  navigation,  shall  altogether  cease  and  de- 
termine; and  in  all  those  jiarts  which  relate  to  peace  and  friendship 
it  shall  be  permanently  and  perpetually  binding  on  both  powers. 

2d.  If  any  one  or  more  of  the  citizens  of  either  party  shall  infringe 
any  of  the  articles  of  this  treaty,  such  citizen  shall  be  held  personally 
responsible  for  the  same,  and  the  harbony  and  good  correspondence 
tween  the  nations  shall  not  be  interrupted  thereby;  each  party  en- 
gaging in  no  way  to  protect  the  offender,  or  sanction  such  violation. 

3d.  If,  (wliich.  indeed,  cannot  be  expected.)  unfortunately,  any  of 
the  articles  contained  in  the  present  treaty  shall  be  violated  or  in- 
fringed in  any  other  way  whatever,  it  is  expressly  stipulated  that 
neitlier  of  the  contracting  parties  will  order  or  authorize  any  acts  of 
reprisal,  nor  declare  war  against  the  other,  on  complaints  of  injuries 
or  damages,  until  the  said  party,  considering  itself  offended,  shall 
first  have  presented  to  the  other  a statement  of  such  injuries  or  dam- 
ages. verified  by  competent  proof,  and  demanded  justice  and  satis- 
faction, and  the  same  shall  have  been  either  refused  or  unreasonably 
delayed. 


CHILE — 1832-1833. 


181 


4.  Nothing  in  this  treaty  contained  shall,  however,  be  construed  to 
operate  contrary  to  former  and  existing  public  treaties  with  other 
Sovereigns  or  States. 

The  present  treaty  of  peace,  amity,  commerce  and  navigation  shall 
be  approved  and  ratified  by  the  President  of  the  United  States  of 
America,  by  and  with  the  advice  and  consent  of  the  Senate  thereof 
and  by  the  President  of  the  Republic  of  Chili,  with  the  consent  and 
approbation  of  the  Congress  of  the  same;  and  the  ratifications  shall 
be  exchanged  in  the  City  of  lYashington  within  nine  months,  to 
be  reckoned  from  the  date  of  the  signature  hereof,  or  sooner  if 
practicable. 

In  faith  whereof  we,  the  underwritten  Plenipotentiaries  of  the 
United  States  of  America  and  of  the  Republic  of  Chili,  have  signed, 
by  virtue  of  our  powers,  the  present  treaty  of  peace,  amity,  commerce 
and  navigation,  and  have  hereunto  affixed  our  seals,  respectively. 

Done  and  concluded,  in  triplicate,  in  the  city  of  Santiago,  this  six- 
teenth day  of  the  month  of  May,  in  the  year  of  our  Lord  Jesus  Christ 
one  thousand  eight  hundred  and  thirty-two,  and  in  the  fifty-sixth 
year  of  the  Independence  of  the  United  States  of  America,  and  the 
twenty-third  of  that  of  the  Republic  of  Chili. 

[seal.]  Jno.  Hamm. 

[seal.]  Andres  Bello. 


1833.“ 

Additional  Con^’ention  to  the  Treaty  of  1832. 

Concluded  Septemhe7'  i,  1833;  rati-ficatioti  advised  hy  the  Senate 
April  18814.;  rati-fied  hy  the  President  April  26^  I83J4;  ratifica- 
tions exchanged  April  29^  183 14;  proclaimed  April  29^  188 14. 

Articles. 

I.  Extension  of  second  article  to  new  III.  Slaves. 

states  of  South  America.  If.  Ratification  duration. 

II.  Equality  of  citizens  before  the  law.  ) 

MJiereas  the  time  stipulated  in  the  treaty  of  amity,  commerce,  and 
navigation,  between  the  United  States  of  America  and  the  Republic 
of  Chili,  signed  at  the  city  of  Santiago  on  the  sixteenth  day  of  May, 
1832,  for  the  exchange  of  ratifications  in  the  city  of  Washington  has 
elapsed,  and  it  being  the  wish  of  both  the  contracting  parties  that  the 
aforesaid  treaty  should  be  carried  into  effect  with  all  the  necessary 
solemnities,  and  that  the  necessary  explanations  should  be  mutually 
made  to  remove  all  subject  of  doubt  in  the  sense  of  some  of  its  arti- 
cles, the  undersigned  Plenipotentiaries,  namely,  John  Hamm,  a citizen 
of  the  United  States  of  America  and  their  Charge  d’Affaires,  on  the 
jiart  and  in  the  name  of  the  United  States  of  America,  and  Senor 
Don  Andres  Bello,  a citizen  of  Chili,  on  the  part  and  in  the  name 
of  the  Republic  of  Chili,  having  compared  and  exchanged  their 
full  powers,  as  expressed  in  the  treaty  itself,  have  agreed  upon  the  fol- 
lowing additional  and  explanatory  articles: 


“ This  treaty  was  terminated  January  20,  1850,  or  notice  given  by  the  Chilean 
Government. 


182 


TREATIES,  CONVENTIONS,  ETC. 


Article  I. 

It  beiii"  stipulated  by  the  second  article  of  the  aforesaid  treaty  that 
the  relations  and  conventions  which  now  exist,  or  may  hereafter 
exist,  between  the  Republic  of  Chili  and  the  Republic  of  Bolivia, 
the  Federation  of  the  Centre  of  America,  the  Republic  of  Columbia, 
the  United  States  of  Mexico,  the  Republic  of  Peru  or  the  United 
Provinces  of  the  Rio  de  la  Plata,  are  not  included  in  the  prohibition 
of  granting  particular  favors  to  other  nations  which  may  not  be  made 
common  to  the  one  or  the  other  of  the  contracting  powers;  and  these 
exceptions  being  founded  upon  the  intimate  connection  and  iden- 
tity of  feelings  and  interests  of  the  new  Amei'ican  States,  which  were 
members  of  the  same  political  body  under  the  Spanish  dominion,  it  is 
mutually  understood  that  these  exceptions  will  have  all  the  latitude 
which  is  involved  in  their  principle;  and  that  they  will  accordingly 
comprehend  all  the  new  nations  within  the  ancient  territory  of  Span- 
ish America,  whatever  alterations  may  take  place  in  their  constitu- 
tions, names  or  boundaries,  so  as  to  include  the  present  States  of  Uru- 
guay and  Paraguay,  which  were  formerly  parts  of  the  ancient  Vice- 
Royalty  of  Buenos  Ayres,  those  of  New  Granada,  Venezuela  and 
Equador  in  the  Republic  of  Colombia,  and  any  other  States  which 
may  in  future  be  dismembered  from  those  now  existing. 

Article  II. 

It  being  agreed  by  the  tenth  article  of  the  aforesaid  treaty  that  the 
citizens  of  the  United  States  of  America,  personally  or  by  their 
agents,  shall  have  the  right  of  being  present  at  the  decisions  and  sen- 
tences of  the  tribunals,  in  all  cases  which  may  concern  them,  and  at 
the  examination  of  witnesses  and  declarations  that  may  be  taken  in 
their  trials,  and  as  the  strict  enforcement  of  this  article  may  be  in 
opposition  to  the  established  forms  of  the  present  due  administration 
of  justice,  it  is  mutually  understood  that  the  Republic  of  Chili  is 
only  bound  by  the  aforesaid  stipulation  to  maintain  the  most  perfect 
equality  in  this  respect  between  American  and  Chilian  citizens,  the 
former  to  enjoy  all  the  rights  and  benefits  of  the  present  or  future 
provisions  which  the  laws  grant  to  the  latter  in  their  judicial  tri- 
bunals, but  no  special  favors  or  privileges. 

Article  III. 

It  being  agreed  by  the  twenty-ninth  article  of  the  aforesaid  treaty 
that  deserters  from  the  public  and  private  vessels  of  either  party  are 
to  be  restored  thereto  by  the  respective  Consuls;  and  whereas  it  is 
declared  by  the  article  132  of  the  present  constitution  of  Chili  that 
“ there  are  no  slaves  in  Chili,”  and  that  “ slaves  touching  the  terri- 
tory of  the  Republic  are  free,”  it  is  likewise  mutually  understood  that 
the  aforesaid  stipulation  shall  not  compi’ehend  slaves  serving  under 
any  denomination  on  board  the  public  or  private  ships  of  the  United 
States  of  America. 

Article  IV. 

It  is  further  agreed,  that  the  ratifications  of  the  aforesaid  treaty  of 
peace,  amity,  commerce  and  navigation,  and  of  the  present  additional 
and  explanatory  convention,  shall  be  exchanged  in  the  city  of  Wash- 


CHILE 1833-1858. 


183 


ington  within  the  term  of  eight  months,  to  be  counted  from  the  date 
of  the  present  convention. 

This  additional  and  explanatory  convention,  upon  its  being  duly 
ratified  by  the  President  of  the  United  States  of  America,  by  and  with 
the  advice  and  consent  of  the  Senate  thereof,  and  by  the  President  of 
the  Eepublic  of  Chili,  with  the  consent  and  approbation  of  the  Con- 
gress of  the  same,  and  the  respective  ratifications  mutually  exchanged, 
shall  be  added  to,  and  make  a part  of,  the  treaty  of  peace,  amity,  com- 
merce and  navigation  between  the  United  States  of  America  and  the 
Eepublic  of  Chili,  signed  on  the  said  sixteenth  day  of  May,  1832,  hav- 
ing the  same  force  and  effect  as  if  it  had  been  inserted  word  for  word 
in  the  aforesaid  treaty. 

In  faith  whereof  we,  the  undersigned  Plenipotentiaries  of  the 
United  States  of  America  and  the  Eepublic  of  Chili,  have  signed,  by 
virtue  of  our  powers,  the  aforesaid  additional  and  explanatory  con- 
A’ention,  and  have  caused  to  be  affixed  our  hands  ancl  seals,  respec- 
tively. 

Done  in  the  city  of  Santiago  this  first  day  of  September,  1833,  and 
in  the  fifty-eighth  year  of  the  Independence  of  the  United  States  of 
America,  and  the  twenty-fourth  of  the  Eepublic  of  Chili. 

[seal.]  Jno.  Hamm. 

[seal.]  Andres  Bello. 


1858. 

C0N\"ENTI0N  FOR  ARBITRATION  OF  MACEDONIAN  CLAIMS. 

Concluded  N ovemher  10^  1868:  ratlficatiou  advised  hy  the  Senate 
March  8,  1859;  ratified  hy  the  President  August  1869;  rati-fica- 
tions  exchanged  October  15,  1859;  proclaimed  Decmher  22,  1859. 

The  Government  of  the  United  States  of  America  and  the  Govern- 
ment of  the  Eepublic  of  Chili  desiring  to  settle  amicably  the  claim 
made  by  the  former  upon  the  latter  for  certain  citizens  of  the  United 
States  of  America,  who  claim  to  be  the  rightful  owners  of  the  silver, 
in  coin  and  in  bars,  forcibly  taken  from  the  possession  of  Capt. 
Eliphalet  Smith,  a citizen  of  the  United  States  of  America,  in  the 
valley  of  Sitana,  in  the  territory  of  the  former  Vice-Eoyalty  of  Peru, 
in  the  year  1821,  by  order  of  Lord  Cochrane,  at  the  time  Vice-Ad- 
miral of  the  Chilian  squadron,  have  agreed,  the  former  to  name  John 
Bigler,  Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the 
United  States  of  America,  and  the  latter  Don  Geronimo  Urmeneta, 
Minister  of  State  in  the  Department  of  the  Interior  and  of  Foreign 
Eelations,  in  the  name  and  in  behalf  of  their  respective  Governments, 
to  examine  said  claim  and  to  agree  upon  terms  of  arrangement  just 
and  honorable  to  both  Governments. 

The  aforesaid  Plenipotentiaries,  after  having  exchanged  their  full 
powers,  and  found  them  in  due  and  good  form,  sincerely  desiring  to 
preserve  intact  and  strengthen  the  friendly  relations  which  happily 
exist  between  their  respective  Governments,  and  to  remove  all  cause 
of  difference  which  might  weaken  or  change  them,  have  agreed,  in 
the  name  of  the  Government  which  each  represents,  to  submit  to  the 
arbitration  of  His  Majesty  the  King  of  Belgium,  the  pending  ques- 


184 


TREATIES,  CONVENTIONS,  ETC. 


tioii  betAveen  them,  respecting  the  legality  or  illegality  of  the  above 
referred  to  capture  of  silver  in  coin  and  in  bars,  made  on  the  ninth 
day  of  May,  1821,  by  order  of  Lord  Cochrane,  Vice-Admiral  of  the 
Chilian  squadron,  in  the  valley  of  Sitana,  in  the  territory  of  the 
former  Vice-Royalty  of  Peru,  the  proceeds  of  sales  of  merchandise 
imported  into  that  country  in  the  brig  Macedonian,  belonging  to  the 
merchant  marine  of  the  United  States  of  America. 

Therefore  the  above-named  Ministers  agree  to  name  His  Majesty 
the  King  of  Belgium  as  arbiter,  to  decide  with  full  powers  and  pro- 
ceedings ex  a^quo  et  bono,  on  the  following  points : 

First.  Is,  or  is  not,  the  claim  which  the  Goveimment  of  the  United 
States  of  America  makes  upon  that  of  Chili,  on  account  of  the  cap- 
ture of  the  silver  mentionecl  in  the  preamble  of  this  convention,  just 
in  Avhole  or  in  part  ? 

Second.  If  it  be  just  in  Avhole  or  in  part,  Avhat  amount  is  the  Gov- 
ernment of  Chili  to  allow  and  pay  to  the  Government  of  the  United 
States  of  America,  as  indemnit}"  for  the  capture? 

Third.  Is  the  Government  of  Chili,  in  addition  to  the  capital,  to 
alloAv  interest  thereon;  and,  if  so,  at  what  rate  and  from  what  date 
is  intei’est  to  be  paid  ? 

The  contracting  parties  further  agree  that  his  Majesty  the  King  of 
Belgium  shall  decide  the  foregoing  questions  upon  the  correspondence 
Avhich  passed  betAveen  the  represent atiA^es  of  the  two  Go\'ernments  at 
IVashington  and  at  Santiago,  and  the  documents  and  other  proofs 
2Aroduced  during  the  controversy  on  the  subject  of  this  ca^iture,  and 
iqion  a memorial  or  argument  thereon  to  be  presented  by  each. 

Each  party  to  furnish  the  arbiter  Avith  a copy  of  the  corresjDondence 
and  documents  above  referred  to,  or  so  much  thereof  as  it  desires  to 
present,  as  Avell  as  aa  ith  its  said  memorial,  within  one  year  at  furthest 
from  the  date  at  which  they  may  respectiA^ely  be  notified  of  the  ac- 
ceptance of  the  arbiter. 

Each  jAarty  to  furnish  the  other  with  a list  of  the  papers  to  be  pre- 
sented by  it  to  the  arbiter,  three  months  in  adAmnce  of  such  j^re- 
sentation. 

And  if  either  [Aarty  fail  to  present  a copy  of  such  jAaiAers,  or  its 
memorial,  to  the  arbiter,  Avithin  the  year  aforesaid,  the  arbiter  may 
make  his  decision  u^Aon  what  shall  haA'e  been  submitted  to  him  Avithin 
that  time. 

The  contracting  parties  further  agree  that  the  exception  of  jAre- 
Rcription,  raised  in  the  course  of  controA^ersy,  and  AA'hich  has  been  a 
subject  of  discussion  between  their  resjAective  Governments,  shall  not 
be  considered  by  the  arbiter  in  his  decision,  since  they  agree  to  AAuth- 
draAv  it  and  exclude  it  from  the  jAresent  question. 

Each  of  the  GoA’ernments  represented  by  the  contracting  jiai’ties  is 
authorized  to  ask  and  obtain  the  acce^Atance  of  tlie  arbiter;  and  both 
jAromise  and  bind  themseh'es  in  the  most  solemn  manner  to  acquiesce 
in  and  comply  AA’ith  his  decision,  nor  at  any  time  thereafter  to  raise 
any  question,  directly  or  indirectly,  connected  AA'ith  the  subject-matter 
of  this  arbiti'ation. 

This  convention  to  be  ratified  by  the  Governments  of  the  respective 
contracting  jAarties,  and  the  ratifications  to  be  exchanged  Avithin 
tAveh'e  months  from  this  date,  or  sooner,  if  jAOssible,  in  the  city  of 
Santiago. 


CHILE — 1858-1892. 


185 


In  testimony  whereof  the  contracting  parties  have  signed  and 
sealed  this  agreement  in  duplicate,  in  the  English  and  Spanish  lan- 
guages, in  Santiago,  the  tenth  day  of  the  month  of  November,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty-eight. 
[seal.]  JoHisr  Bigler, 

Envoy  Extraordinary  and  Minister  Plenipotentiary 

of  the  United  States  of  America. 
[seal.]  Geronimo  Urmeneta, 

Plenipotenciario  ad  hoc. 


On  May  15,  1863,  the  King  of  Belgium  rendered  his  award  award- 
ing $42,400  in  favor  of  the  United  States. 


1892. 


Claims  Convention. 


Concluded  August  7,  189£;  ratification  advised  hy  the  Senate  De- 
cember 8,  1892;  ratified  by  the  President  December  16.,  1892;  rati- 
fications exchanged  January  26.,  1893;  proclaimed  January  28, 1893. 

Articles. 


I.  Claims  to  be  submitted;  commis- 
sion. 

II.  Decision. 

III.  Appointment  of  new  commission- 

ers. 

IV.  Meeting  of  commissioners. 

V.  Procedure. 


VI.  Award. 

VII.  Finality  of  decision. 
VIII.  Presentation  of  claims. 
IX.  Place  of  payment. 

X.  Record;  expenses. 

XI.  Acceptance  of  decision. 
XII.  Ratification. 


The  United  States  of  America  and  the  Eepublic  of  Chile,  animated 
by  the  desire  to  settle  and  adjust  amicably  the  claims  made  by  the 
citizens  of  either  country  against  the  government  of  the  other,  grow- 
ing out  of  acts  committed  by  the  civil  or  military  authorities  of  either 
country,  have  agreed  to  make  arrangements  for  that  purpose,  by 
means  of  a Convention,  and  have  named  as  their  Plenipotentiaries 
to  confer  and  agree  thereupon  as  follows : 

The  President  of  the  United  States  of  America,  Patrick  Egan, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the  United 
States  at  Santiago,  and  the  President  of  the  Republic  of  Chile,  Isi- 
dore Errazuriz,  Minister  of  Foreign  Relations  of  Chile; 

IVho,  after  having  communicated  to  each  other  their  respective 
full  jiowers,  found  in  good  and  true  form,  have  agreed  upon  the  fol- 
lowing articles : — 

Article  I. 


All  claims  on  the  part  of  corporations,  companies  or  private  indi- 
viduals, citizens  of  the  United  States,  upon  the  Government  of  Chile, 
arising  out  of  acts  committed  against  the  persons  or  property  of 
citizens  of  the  United  States  not  in  the  service  of  the  enemies  of 
Chile,  or  voluntarily  giving  aid  and  comfort  to  the  same,  by  the  civil 
or  military  authorities  of  Chile;  and  on  the  other  hand,  all  claims 


186 


TREATIES,  CONVENTIONS,  ETC. 


on  the  part  of  corporations,  companies  or  private  individuals,  citizens 
of  Chile,  upon  the  (Jovernment  of  the  United  United  States,  arising 
out  of  acts  coinniitted  against  the  persons  or  property  of  citizens  of 
Chile,  not  in  the  service  of  the  enemies  of  the  United  States,  or 
voluntarily  giving  aid  and  comfort  to  the  same,  by  the  civil  or  mili- 
tary authorities  of  the  Government  of  the  United  States,  shall  be 
referred  to  three  Commissioners,  one  of  whom  shall  be  named  by 
the  President  of  the  United  States,  and  one  by  the  President  of  the 
Republic  of  Chile,  and  the  third  to  be  selected  by  mutual  accord 
between  the  President  of  the  United  States  and  the  President  of 
C^hile.  In  case  the  President  of  the  United  States  and  the  President 
of  Chile  shall  not  agree  within  three  months  from  the  exchange'of 
the  ratifications  of  this  Convention  to  nominate  such  third  Commis- 
sioner then  said  nomination  of  said  third  Commissioner  shall  be 
made  by  the  President  of  the  Swiss  Confederation. 

Article  II. 

The  said  Commission,  thus  constituted,  shall  be  competent  and 
obliged  to  examine  and  decide  upon  all  claims  of  the  aforesaid  char- 
acter presented  to  them  by  the  citizens  of  either  country. 

Article  III. 

In  case  of  the  death,  prolonged  absence  or  incapacity  to  serve  of 
one  of  the  said  Commissioners,  or  in  the  event  of  one  Commissioner 
omiting,  or  declining,  or  ceasing  to  act  as  such,  then  the  President 
of  the  United  States,  or  the  President  of  the  Republic  of  Chile,  or 
the  President  of  the  Swiss  Confederation,  as  the  case  may  be,  shall 
forthwith  proceed  to  fill  the  vacancy  so  occasioned  by  naming  another 
Commissioner  within  three  months  from  the  occurrence  of  the 
vacancy. 

Article  IV. 

The  Commissioners  named  as  hereinbefore  provided  shall  meet  in 
the  City  of  IVashington  at  the  earliest  convenient  time  within  six 
months  after  the  exchange  of  ratifications  of  this  Convention,  and 
shall,  as  their  first  act  in  so  meeting,  make  and  subscribe  a solemn 
declaration  that  they  will  impartially  and  carefully  examine  and 
decide,  to  the  best  of  their  judgment  and  according  to  public  law, 
justice  and  equity,  without  fear,  favor  or  affection,  all  claims  within 
the  description  and  true  meaning  of  Articles  I and  II.,  which  shall 
be  laid  before  them  on  the  part  of  the  Governments  of  the  United 
States  and  of  Chile  respectively ; and  such  declaration  shall  be  en- 
tered on  the  record  of  their  proceedings;  Provided,  however,  that 
the  concurring  judgment  of  any  two  Commissioners  shall  be  ade- 
quate for  every  intermediate  decision  arising  in  the  execution  of 
their  duty  and  for  every  final  award. 

Article  V. 

The  Commissioners  shall,  without  delay,  after  the  organization  of 
the  Commission,  proceed  to  examine  and  determine  the  claims  speci- 
fied in  the  preceding  articles,  and  notice  shall  be  given  to  the  re- 


CHILE 1892. 


187 


spective  Governments  of  the  day  of  their  organization  and  readiness 
to  proceed  to  the  transaction  of  the  business  of  the  Commission. 
They  shall  investigate  and  decide  said  claims  in  such  order  and  in 
such  manner  as  they  may  think  proper,  but  upon  such  evidence  or 
information  only  as  shall  be  furnished  by  or  on  behalf  of  the  re- 
spective Governments.  They  shall  be  bound  to  receive  and  consider 
all  written  documents  or  statements  which  may  be  presented  to  them 
by  or  on  behalf  of  the  respective  Governments  in  support  of,  or  in 
answer  to,  any  claim,  and  to  hear,  if  required,  one  person  on  each 
side  whom  it  shall  be  competent  for  each  Government  to  name  as 
its  Counsel  or  Agent  to  present  and  support  claims  on  its  behalf,  on 
each  and  every  separate  claim.  Each  Government  shall  furnish  at 
the  request  of  the  Commissioners,  or  of  any  two  of  them,  the  papers 
in  its  possession  which  may  be  important  to  the  just  determination 
of  any  of  the  claims  laid  before  the  Commission. 

Article  VI. 

The  concurring  decisions  of  the  Commisioners,  or  of  any  two  of 
them,  shall  be  conclusive  and  final.  Said  decisions  shall  in  every 
case  be  given  upon  each  individual  claim,  in  writing,  stating  in  the 
event  of  a pecuniary  award  being  made,  the  amount  or  equivalent 
value  of  the  same  in  gold  coin  of  the  United  States ; and  in  the  event 
of  interest  being  allowed  on  such  award,  the  rate  thereof  and  the 
period  for  which  it  is  to  be  computed  shall  be  fixed,  which  period 
shall  not  extend  beyond  the  close  of  the  Commission;  and  said  deci- 
sion shall  be  signed  by  the  Commissioners  concurring  therein. 

Article  VII. 

The  High  Contracting  Parties  hereby  engage  to  consider  the  deci- 
sion of  the  Commissioners,  or  of  any  two  of  them,  as  absolutely  final 
and  conclusive  upon  each  claim  decided  upon  by  them,  and  to  give 
full  effect  to  such  decisions  without  any  objections,  evasions,  or  delay 
whatever. 


Article  VIII. 

Every  claim  shall  be  presented  to  the  Commissioners  within  a 
period  of  two  months  reckoned  from  the  day  of  their  first  meeting  for 
business,  after  notice  to  the  respective  Governments  as  prescribed  in 
Article  V of  this  Convention.  Nevertheless,  where  reasons  for  delay 
shall  be  established  to  the  satisfaction  of  the  Commissioners,  or  of 
any  two  of  them,  the  period  for  presenting  the  claim  may  be  extended 
by  them  to  any  time  not  exceeding  two  months  longer. 

The  Commissioners  shall  be  bound  to  examine  and  decide  upon 
every  claim  within  six  months  from  the  day  of  their  first  meeting  for 
business  as  aforesaid;  which  period  shall  not  be  extended  except 
only  in  case  of  the  proceedings  of  the  Commission  shall  be  interrupted 
by  the  death,  incapacity,  retirement  or  cessation  of  the  functions  of 
any  one  of  the  Commissioners,  in  which  event  the  period  of  six 
months  herein  prescribed  shall  not  be  held  to  include  the  time  during 
which  such  interruption  may  actually  exist. 

It  shall  be  competent  in  each  case  for  the  said  Commissioners  to  de- 
cide whether  any  claim  has,  or  has  not,  been  duly  made,  preferred, 


188 


TREATIES,  CONVENTIONS,  ETC. 


and  laid  before  them,  either  wholly,  or  to  any  and  what  extent,  accord- 
ing to  the  true  intent  and  meaning  of  this  Convention. 

Article  IX. 

All  sums  of  money  which  may  be  awarded  by  the  Commissioners 
as  aforesaid,  shall  be  paid  by  the  one  Government  to  the  other,  as 
the  case  may  be,  at  the  capital  of  the  Government  to  receive  such  pay- 
ment, within  six  months  after  the  date  of  the  final  award,  without 
interest,  and  without  any  deduction  save  as  specified  in  Article  X. 

Article  X. 

The  Commissioners  shall  keep  an  accurate  record  and  correct 
minutes  or  notes  of  all  their  proceedings,  with  the  dates  thereof;  and 
the  Governments  of  the  United  States  and  of  Chile  may  each  appoint 
and  employ  a Secretary  versed  in  the  languages  of  both  countries, 
and  the  Commissioners  may  appoint  any  other  necessary  officer  or 
officers  to  assist  them  in  the  transaction  of  the  business  which  may 
come  before  them. 

Each  Government  shall  pay  its  own  Commissioner,  Secretary  and 
Agent  or  Counsel,  and  at  the  same  or  equivalent  rates  of  compensa- 
tion, as  near  as  may  be,  for  like  officers  on  the  one  side  as  on  the  other. 
All  other  ex2ienses,  including  the  compensation  of  the  third  Commis- 
sioner, which  latter  shall  be  equal  or  equivalent  to  that  of  the  other 
Commissioners  shall  be  defrayed  by  the  two  Governments  in  equal 
moieties. 

The  whole  exj^enses  of  the  Commission,  including  contingent  ex- 
penses, shall  be  defrayed  by  a ratable  deduction  on  the  amount  of 
the  sums  awarded  by  the  Commissioners,  provided  always  that  such 
deduction  shall  not  exceed  the  rate  of  five  percentum  on  the  sum  so 
awarded.  If  the  whole  exjienses  shall  exceed  this  rate,  then  the 
excess  of  expense  shall  be  defrayed  jointly  by  the  two  Governments 
in  equal  moieties. 

Article  XI'. 

The  High  Contracting  Parties  agree  to  consider  the  result  of  the 
proceedings  of  the  Commission  j^rovided  for  by  this  Convention  as  a 
full,  perfect  and  final  settlement  of  any  and  every  claim  upon  either 
Government  within  the  descrijotion  and  true  meaning  of  Articles  I 
and  II ; and  that  every  such  claim,  whether  or  not  the  same  may 
have  been  j^resented  to  the  notice  of,  made,  ^ireferred  or  laid  before 
the  said  Commission,  shall,  from  and  after  the  conclusion  of  the  pro- 
ceedings of  the  said  Commission,  be  treated  and  considered  as  finally 
settled,  concluded  and  barred. 

Article  XII. 

The  present  Convention  shall  be  ratified  by  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof  and  by  the  President  of  the  Eepublic  of  Chile,  with  the  con- 
sent and  approbation  of  the  Congress  of  the  same,  and  the  ratifica- 
tions shall  be  exchanged  at  Washington,  at  as  early  a day  as  may  be 
jiossible  within  six  months  from  the  date  hereof. 


CHILE 1892. 


189 


In  testimony  whereof  the  respective  Plenipotentiaries  have  signed 
the  present  Convention,  in  the  English  and  Spanish  languages,  in 
duplicate,  and  hereunto  affixed  their  respective  seals. 

Done  at  the  city  of  Santiago  the  seventh  day  of  August,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  ninety-two. 

[seal.]  Patrick  Egan, 

[seal.]  Isidoro  Errazuriz. 


On  April  9,  1894,  the  Commission  provided  for  in  the  foregoing 
treaty,  awarded  $240,504.35  in  faAmr  of  the  United  States  for  its 
citizens. 


1896. 

COPYRIGHT. 


BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 
A PROCLAMATION. 


Whereas  it  is  provided  by  section  13  of  the  act  of  Congress  of 
March  3,  1891,  entitled  “An  Act  to  amend  title  sixty,  chapter  three, 
of  the  Revised  Statutes  of  the  United  States,  i-elating  to  copyrights,” 
that  said  act  “ shall  only  apply  to  a citizen  or  subject  of  a foreign 
state  or  nation  when  such  foreign  state  or  nation  permits  to  citizens 
of  the  United  States  of  America  the  benefit  of  copyright  on  substan- 
tially the  same  basis  as  its  own  citizens;  or  when  such  foreign  state 
or  nation  is  a party  to  an  international  agreement  which  provides  for 
reciprocity  in  the  granting  of  copyright,  by  the  terms  of  which  agree- 
ment the  United  Stales  of  America  may,  at  its  pleasure,  become  a 
party  to  such  agreement 

And  whereas  it  is  also  provided  by  said  section  that  “ the  existence 
of  either  of  the  conditions  aforesaid  shall  be  determined  by  the  Presi- 
dent of  the  United  States  by  proclamation  made  from  time  to  time  as 
the  purposes  of  this  act  may  require 

And  whereas  satisfactory  official  assurances  have  been  given  that 
in  the  Republic  of  Chile  the  law  permits  to  citizens  of  the  United 
States  of  America  the  benefit  of  copyright  on  substantially  the  same 
basis  as  to  the  citizens  of  that  Rejiublic : 

Now,  therefore,  I,  Grover  Cleveland,  President  of  the  United 
States  of  America,  do  declare  and  proclaim  that  the  first  of  the  con- 
ditions specified  in  section  13  of  the  act  of  March  3,  1891,  now  exists 
and  is  fulfilled  in  respect  to  the  citizens  of  the  Republic  of  Chile. 

In  testimony  whereof,  I have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington,  this  twenty-fifth  day  of  May, 
one  thousand  eight  hundred  and  ninety-six  and  of  the 
[seal.]  Independence  of  the  United  States  the  one  hundred  and 
twentieth. 


Grover  Cleveland. 


By  the  President: 

Richard  Olney, 

Secretary  of  State. 


190 


TREATIES,  CONVENTIONS,  ETC. 


1897. 

Claims  Protocol. 

ADJUSTMENT  OF  CLAIM  OF  PATRICK  SHIELDS. 

Signed  at  ashing  ton  May  1897. 

Protocol  in  regai\l  to  the  claim  of  Patrick  Shields  against  the  Gov- 
ernment of  Chile. 

The  Honorable  John  Sherman,  Secretary  of  State  of  the  United 
States  of  America,  and  the  Honorable  Domingo  Gana,  Envoy  Extraor- 
dinary and  Minister  Plenipotentiary  of  Chile,  being  desirous  to 
give  a friendly  and  equitable  solution  to  the  claim  of  Patrick  Shields, 
have  agreed  on  the  following: 

The  Government  of  Chile  by  equitable  considerations  will  allow  to 
the  heirs  of  Patrick  Shields  a compensation  of  three  thousand  five 
hundred  dollars,  and  this  amount  shall  be  delivered  for  that  purpose 
to  the  Honorable  Secretary  of  State  of  the  United  States  within  a 
jieriod  of  four  months  from  this  date. 

This  agreement  is  subject  to  the  acceptance  of  the  Congress  of 
Chile,  from  which  the  necessary  amount  is  to  be  requested. 

The  allowance  of  the  said  amount  of  three  thousand  five  hundred 
dollars  in  the  manner  before  mentioned,  will  imply  the  final  and 
comjilete  settlement  of  the  claim  of  Patrick  Shields,  and  the  said 
claim  may  not  be  presented  at  any  other  time,  or  in  any  other  form. 

In  witness  whereof  the  Honorable  Secretary  of  State  and  the  Hon- 
orable Minister  of  Chile  sign  the  present  agreement,  in  duplicate,  in 
the  English  and  Spanish  languages,  in  "Washington,  the  2I:th  day  of 
May  one  thousand  eight  hundred  and  ninety-seven. 

John  Sherman 
Domingo  Gana 


1897. 

Convention  to  Revive  the  Convention  of  August  7,  1892,  to  Ad- 
just Amicably  the  Claims  of  Citizens  of  Either  Country 
Against  the  Other. 

Signed  at  YV ashington.,  May  1897 ; ratifi-cation  with  amendment 
advised  hy  the  Senate.,  Fehrnary  28, 1899;  ratified  hy  the  President, 
March  1, 1899;  ratifications  exchanged,  March  12, 1900;  proclaimed, 
March  12,  1900. 

Articles : 

I.  Revival  of  convention  of  1829.  I II.  Ratification. 

The  Convention  between  the  United  States  of  America  and  the 
Republic  of  Chile,  signed  August  7,  1892,  having  expired,  and  the 
Commission  thereunder  established  to  adjust  amicably  the  claims 
made  by  the  citizens  of  either  country  against  the  Government  of  the 
other  having  failed,  through  limitation,  to  conclude  its  task,  leaving 
certain  claims  duly  presented  to  the  said  commission  unadjudicated, 
the  Government  of  the  United  States  of  America  and  the  Government 
of  the  Republic  of  Chile,  desiring  to  remove  every  cause  of  difference 


CHILE — 1897. 


191 


in  the  friendly  relations  that  happily  exist  between  the  two  Nations, 
have  agreed  to  revive  the  said  convention  of  August  7,  1892,  and  for 
that  purpose  have  named  as  their  Plenipotentiaries,  to  wit : 

The  President  of  the  United  States  of  America,  the  Honorable 
John  Sherman,  Secretary  of  State  of  the  United  States;  and 

The  President  of  the  Republic  of  Chile,  Senor  Don  Domingo  Gana, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  Chile  in  the 
United  States  of  America : 

Who  have  agreed  upon  the  articles  following: 

Article  I. 

The  High  Contracting  Parties  agree  to  revive  the  Convention  of 
August  7,  1892,  between  the  United  States  of  America  and  the  Re- 
public of  Chile,  and  that  the  commission  thereunder  created  shall  be 
allowed  for  the  ti’ansaction  of  its  business  a period  of  four  months,  to 
be  reckoned  from  the  day  of  its  first  meeting  for  business,  and  con- 
forming, in  other  respects,  with  the  provisions  of  the  second  para- 
graph of  Article  VIII  of  the  said  Convention.  Nevertheless,  if  the 
period  of  four  months  before  stipulated  shall  prove  insufficient  for 
the  settlement  of  the  claims,  the  Commissioners  are  authorized  to 
extend,  at  their  discretion,  such  period  to  one  or  two  months  more. 

It  is  expressly  stipulated  that  this  article  shall  in  no  wise  extend 
or  change  the  period  designated  by  the  first  paragraph  of  Article 
VIII  of  the  said  Convention  for  the  presentation  of  claims ; so  that 
the  new  Commission  shall  be  limited  to  considering  the  claims  duly 
presented  to  the  former  Commission  in  conformity  with  the  terms 
of  the  Convention  and  with  the  Rules  that  governed  its  labors,  except- 
ing claim  No.  7,  of  the  North  and  South  American  Construction  Com- 
pany, which  was  subsequently  withdrawn,  a direct  and  final  settle- 
ment thereof  having  been  arrived  at  by  the  interested  parties. 

Article  II. 

The  present  convention  shall  be  ratified  by  the  President  of  the 
United  States  of  America,  by  and  with  the  advice  and  consent  of  the 
Senate  thereof,  and  by  the  President  of  the  Republic  of  Chile,  with 
the  approbation  of  the  National  Congress  thereof,  and  the  ratifica- 
tions shall  be  exchanged  at  Washington,  at  as  early  a day  as  possible. 

In  testimony  whereof  we  have  signed  the  present  convention  in 
the  English  and  Spanish  languages,  in  duplicate,  affixing  thereto  our 
respective  seals,  the  Plenipotentiary  of  Chile  declaring  that  he  signs 
the  same  “ ad  referendum  ”. 

Done  at  the  city  of  Washington,  the  24th  day  of  May  in  the  year  of 
Our  Lord  eighteen  hundred  and  ninety-seven. 

John  Sherman  [l.  s.] 
Domingo  Gana  [l.  s.] 


The  United  States  and  Chilean  claims  commission  appointed  under 
the  convention  of  May  24, 1897,  met  on  June  15, 1900,  and  adjourned 
June  18,  1901,  awarding  $28,062.29  gold,  without  interest,  in  favor 
of  the  United  States  and  $3,000  gold,  without  interest,  in  favor  of 
Chile. 


192 


TREATIES,  CONVENTIONS,  ETC. 


1900. 

Extradition  Treaty. 

Concluded  April  17,  1900;  ratif cation  advised  lay  Senate  December 
18, 1900;  ratijied  by  President  May  21, 1902;  ratif  cations  exchanged 
May  27, 1902;  proclaimed  May  27, 1902. 

Articles. 


I.  Delivery  of  accused. 

II.  Extraditable  crimes. 

III.  Procedure. 

IV.  Provisional  detention. 
V.  Nondelivery  of  citizens. 

VI.  Political  offenses. 

VII.  Limitations. 


VIII.  Prior  offenses. 

IX.  Property  seized  with  fugitive. 

X.  Persons  claimed  by  other  coun- 
tries. 

XL  Expenses. 

XII.  Ratification ; duration. 


The  United  States  of  America  and  the  Republic  of  Chile,  being 
desirous  to  confirm  their  friendly  relations  and  to  promote  the  cause 
of  justice,  have  resolved  to  conclude  a treaty  for  the  extradition  of 
fugitives  from  justice  between  the  United  States  of  America  and  the 
Rejiublic  of  Chile,  and  have  appointed  for  that  purpose  the  following 
Plenipotentiaries : 

The  President  of  the  United  States  of  America,  Henry  L.  Wilson, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the  United 
States  in  Chile,  and  the  President  of  Chile,  Senor  Don  Rafael  Erra- 
zuriz  Urnieneta,  Minister  of  Foreign  Relations  of  Chile. 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers,  found  in  good  and  due  form,  have  agreed  upon  and  con- 
cluded the  following  articles : 


Article  I. 

The  Government  of  the  United  States  and  the  Government  of 
Chile  mutually  agree  to  deliver  up  persons  who,  having  been  charged 
with  or  convicted  of  any  of  the  crimes  and  offenses  specified  in  the 
following  article,  committed  within  the  jurisdiction  of  one  of  the  con- 
tracting parties,  shall  seek  an  asylum  or  be  found  within  the  territo- 
ries of  the  other;  Provided,  that  this  shall  only  be  done  upon  such 
evidence  of  criminality  as,  according  to  the  laws  of  the  place  where 
the  fugitive  or  person  so  charged  shall  be  found,  would  justify  his 
or  her  apprehension  and  commitment  for  trial  if  the  crime  or  offense 
had  been  there  committed. 


Article  II. 

Extradition  shall  be  granted  for  the  following  crimes  and  offenses; 

1.  Murder,  comprehending  assassination,  parricide,  infanticide, 
and  poisoning;  attempt  to  commit  murder;  manslaughter,  when  vol- 
untary. 

2.  Arson. 

3.  Robliery,  defined  to  be  the  act  of  feloniously  and  forcibly  taking 
from  tbe  person  of  another  money,  goods,  documents  or  other  prop- 
erty by  violence  or  putting  him  in  fear;  burglary. 


CHILE 1900. 


193 


4.  Forgery,  or  the  utterance  of  forged  papers;  the  forgery  or 
falsification  of  official  acts  of  Government,  of  public  authorities,  or  of 
courts  of  justice,  or  the  utterance  of  the  thing  forged  or  falsified. 

5.  The  counterfeiting,  falsifying  or  altering  of  money,  whether 
coin  or  paper,  or  of  instruments  of  debt  created  by  national,  state, 
provincial,  or  municipal  governments,  or  of  coupons  thereof,  or  of 
bank  notes  or  the  utterance  or  circulation  of  the  same ; or  the  counter- 
feiting, falsifying  or  altering  of  seals  of  state. 

6.  Embezzlement  by  public  officers ; embezzlement  by  persons  hired 
or  salaried,  to  the  detriment  of  their  employers ; where  in  either  class 
of  cases  the  embezzlement  exceeds  the  sum  of  two  hundred  dollars; 
larceny. 

7.  Fraud  or  breach  of  trust  by  a bailee,  banker,  agent,  factor, 
trustee,  or  other  person  acting  in  a fiduciary  capacity,  or  director  or 
member  or  officer  of  any  company,  when  such  act  is  made  criminal  by 
the  laws  of  both  countries  and  the  amount  of  money  or  the  value  of 
the  property  misappropriated  is  not  less  than  two  hundred  dollars. 

8.  Perjury;  subornation  of  perjury. 

9.  Rape;  abduction;  kidnapping. 

10.  Willful  and  unlawful  destruction  or  obstruction  of  railroads 
which  endangers  human  life. 

11.  Crimes  committed  at  sea. 

(a)  Piracy,  by  statute  or  by  the  laws  of  nations. 

(b)  Revolt,  or  conspiracy  to  revolt,  by  two  or  more  persons  on 
board  a ship  on  the  high  seas  against  the  authority  of  the  master. 

(c)  Wrongfully  sinking  or  destroying  a vessel  at  sea,  or  attempt- 
ing to  do  so. 

(cl)  Assaults  on  board  a ship  on  the  high  seas  with  intent  to  do 
grievous  bodily  harm. 

12.  Crimes  and  offenses  against  the  laws  of  both  countries  for  the 
suppression  of  slavery  and  slave  trading. 

Extradition  is  also  to  take  place  for  participation  in  any  of  the 
crimes  and  offenses  mentioned  in  this  Treaty,  provided  such  partici- 
pation may  be  punished,  in  the  United  States  as  a felony,  and  in  the 
Republic  of  Chile  by  imprisonment  at  hard  labor. 

Article  III. 

Requisitions  for  the  surrender  of  fugitives  from  justice  shall  be 
made  by  the  diplomatic  agents  of  the  contracting  parties,  or  in  the 
absence  of  these  from  the  country  or  its  seat  of  government,  may  be 
made  by  the  superior  consular  officers. 

If  the  person  whose  extradition  is  requested  shall  have  been  con- 
victed of  a crime  or  offense,  a duly  authenticated  copy  of  the  sentence 
of  the  court  in  which  he  was  convicted,  or  if  the  fugitive  is  merely 
charged  with  crime,  a duly  authenticated  copy  of  the  warrant  of 
arrest  in  the  country  where  the  crime  has  been  committed,  and  of  the 
depositions  or  other  evidence  upon  which  such  warrant  was  issued, 
shall  be  produced. 

The  extradition  of  fugitives  under  the  provisions  of  this  Treaty 
shall  be  carried  out  in  the  United  States  and  in  the  Republic  of  Chile, 
respectively,  in  conformity  with  the  laws  regulating  extradition  for 
the  time  being  in  force  in  the  state  on  which  the  demand  for  surrender 
is  made. 


24449 — VOL  1 — 10 13 


194 


TREATIES,  CONVENTIONS,  ETC. 


Article  IV. 

Vliere  the  arrest  and  detention  of  a fugitive  are  desired  on  tele- 
graphic or  other  information  in  advance  of  the  presentation  of  for- 
mal proofs,  the  projier  course  in  the  United  States  shall  be  to  apply 
to  a judge  or  other  magistrate  authorized  to  issue  warrants  of  arrest 
in  extradition  cases  and  present  a complaint  on  oath,  as  provided  by 
the  statutes  of  the  United  States. 

When,  under  the  provisions  of  this  article,  the  arrest  and  detention 
of  a fugitive  are  desired  in  the  Republic  of  Chile,  the  proper  course 
shall  be  to  apply  to  the  Foreign  Office,  which  will  immediately  cause 
the  necessary  steps  to  be  taken  in  order  to  secure  the  provisional  arrest 
or  detention  of  tlie  fugitive. 

The  provisional  detention  of  a fugitive  shall  cease  and  the  prisoner 
be  released  if  a formal  requisition  for  his  surrender,  accompanied  by 
the  necessary  evidence  of  his  criminality  has  not  been  produced  under 
the  stipulations  of  this  Treaty,  within  two  months  from  the  date  of 
his  provisional  arrest  or  detention. 

Article  V. 

Neither  of  the  contracting  parties  shall  be  bound  to  deliver  up  its 
own  citizens  or  subjects  under  the  stijiulations  of  this  Treaty. 

Article  VI. 

A fugitive  criminal  shall  not  be  surrendered  if  the  offense  in  re- 
spect of  which  his  surrender  is  demanded  be  of  a political  character, 
or  if  he  proves  that  the  requisition  for  his  surrender  has,  in  fact,  been 
made  with  a view  to  try  or  punish  him  for  an  offense  of  a political 
character. 

No  person  surrendered  by  either  of  the  high  contracting  parties  to 
the  other  shall  be  triable  or  tried,  or  be  punished,  for  any  political 
crime  or  offense,  or  for  any  act  connected  therewith,  committed  pre- 
viously to  his  extradition. 

If  any  question  shall  arise  as  to  whether  a case  comes  within  the 
provisions  of  this  article,  the  decision  of  the  authorities  of  the  govern- 
ment on  which  the  demand  for  surrender  is  made,  or  which  may  have 
granted  the  extradition,  shall  be  final. 

Article  VII. 

Extradition  shall  not  be  granted,  in  pursuance  of  the  provisions  of 
this  Treaty  if  legal  proceedings  or  the  enforcement  of  the  penalty  for 
tlie  act  committed  by  the  person  claimed  has  become  barred  by  limi- 
tation, according  to  the  laws  of  the  country  to  which  the  requisition 
is  addressed. 

Article  VIII. 

No  person  surrendered  by  either  of  the  high  contracting  parties  to 
the  other  shall,  without  his  consent,  freely  granted,  and  publicly  de- 
clared by  him,  be  triable  or  tried  or  be  punished  for  any  crime  or 
offense  committed  prior  to  his  extradition,  other  than  that  for  which 
he  was  delivered  up,  until  he  shall  liaA^e  had  an  opportunity  of  return- 
ing to  the  country  from  which  he  was  surrenderee',. 


CHILE 1900. 


195 


Article  IX. 

All  articles  seized  which  are  in  the  possession  of  the  person  to  be 
surrendered  at  the  time  of  his  apprehension,  whether  being  the  pro- 
ceeds of  the  crime  or  offense  charged,  or  being  material  as  evidence 
in  making  proof  of  the  crime  or  offense,  shall,  so  far  as  practicable 
and  in  conformity  with  the  laws  of  the  respective  countries,  be  given 
up  when  the  extradition  takes  place.  Nevertheless,  the  rights  of 
third  parties  with  regard  to  such  articles  shall  be  duly  respected. 

Article  X. 

If  the  individual  claimed  by  one  of  the  high  contracting  parties,  in 
pursuance  of  the  present  Treaty,  shall  also  be  claimed  by  one  or 
several  other  powers  on  account  of  crimes  or  offenses  committed 
within  their  respective  jurisdictions,  his  extradition  shall  be  granted 
to  the  state  whose  demand  is  first  received : Provided,  that  the  gov- 
ernment from  which  extradition  is  sought  is  note  bound  by  treaty  to 
give  preference  otherwise. 


Article  XI. 

The  expenses  incurred  in  the  arrest,  detention,  examination,  and 
delivery  of  fugitives  under  this  Treaty  shall  be  borne  by  the  state  in 
whose  name  the  extradition  is  sought : Provided,  that  the  demanding 
government  shall  not  be  compelled  to  bear  any  expense  for  the  serv- 
ices of  such  public  officers  of  the  government  from  which  extradition 
is  sought  as  receive  a fixed  salary ; And,  provided,  that  the  charge  for 
the  services  of  such  public  officers  as  receive  only  fees  or  perquisites 
shall  not  exceed  their  customary  fees  for  their  acts  or  services  per- 
formed by  them  had  such  acts  or  services  been  performed  in  ordinary 
criminal  proceedings  under  the  laws  of  the  country  of  which  they 
are  officers. 

Article  XII. 

The  present  treat}'^  shall  take  effect  on  the  thirtieth  day  after  the 
date  of  the  exchange  of  ratifications,  and  shall  not  operate  retro- 
actively. 

The  ratifications  of  the  present  Treaty  shall  be  exchanged  at  Wash- 
ington as  soon  as  possible,  and  it  shall  remain  in  force  for  a period  of 
six  months  after  either  of  the  contracting  governments  shall  have 
given  notice  of  a purpose  to  terminate  it 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
the  above  articles,  both  in  the  English  and  Spanish  languages,  and 
have  hereunto  affixed  their  seals. 

Done  in  duplicate,  at  the  city  of  Santiago,  this  l7th  day  of  April 
1900. 

Henry  L Wilson  [seal.] 

R.  Errazuriz  Urmeneta.  [seal.] 


CITIXA, 


[Note. — The  treaty  as  to  commercial  relations,  concluded  October 
8,  1903,  Article  XVII,  provides:  “It  is  agreed  * * * that  all 

the  2:>rovisions  of  the  several  treaties  between  the  United  States  and 
China  which  were  in  force  on  the  1st  day  of  January,  1900,  are  con- 
tinued in  full  force  and  effect,  except  in  so  far  as  they  are  modified 
hy  the  present  treaty  or  other  treaties  to  which  the  United  States  is 
a partyU'] 

1844.“ 

Treaty  of  Peace,  Amity,  and  Commerce. 

Concluded  July  3,  ISflf;  ratification  advised  hy  the  Senate  January 
16,  18If5;  ratified  hy  the  President  January  17,  1845;  ratif cations 
exchanged  December  31,  1845;  proclaimed  April  18,  1846. 

Articles. 


I.  Peace  and  amity. 

II.  Import  and  export  duties. 

III.  Open  ports. 

IV.  C’onsular  officers. 

V.  Commerce. 

VI.  Tonnage  duties. 

VII.  I’assenger  and  cargo  boats. 

VIII.  Pilots,  etc. 

IX.  Custom-house  officers. 

X.  t'essels  arriving  in  China. 

XI.  Ascertainment  of  duties. 

XII.  Standard  weights  and  meas- 
ures. 

XIII.  Payment  of  duties. 

XIV.  Transshipment  of  goods. 

XV.  Idl)erty  to  trade. 

XVI.  Collection  of  debts. 

XVII.  Privileges  of  open  ports. 

XVIII.  Chinese  teachers,  etc. 

XIX.  Protection  to  United  States 
citizens. 

The  United  States  of  America  and  the  Ta  Tsing  Empire,  desiring 
to  establish  firm,  lasting  and  sincere  friendship  between  the  two 
nations,  have  resolved  to  fix,  in  a manner  clear  and  positive,  by  means 
of  a treaty  or  general  convention  of  peace,  amity  and  commerce,  the 
rules  which  shall  in  future  be  mutually  observed  in  the  intercourse 
of  their  res])ective  countries: 

For  which  most  desirable  object  the  President  of  the  United  States 
has  conferred  full  powers  on  their  Commissioner,  Caleb  Cushing, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the  United 

"The  treaties  of  .lime  IS  and  November  8,  1858,  substituted  so  far  as  the  pro- 
visions reiate  to  identical  subjects,  for  treaty  of  1814. 

19G 


XX.  Reexportation. 

XXI.  Punishment  for  crimes. 

XXII.  Trade  with  China  in  case  of 
war. 

XXIII.  Reports  by  consuls. 

XXIV.  Communication  with  officials. 

XXV.  Right  of  United  States  citi- 
zens. 

XXVI.  Merchant  vessels  in  Chinese 
waters. 

XXVII.  Shipwrecks. 

XXVIII.  Embargo. 

XXIX.  Control  over  seamen. 

XXX.  Official  correspondence. 

XXXI.  Communications. 

XXXII.  Naval  vessels  in  Chinese 
waters. 

XXXIII.  Clandestine  trade. 

XXXIV.  Duration ; ratification. 


CHINA 1844. 


197 


States  to  China;  and  the  August  Sovereign  of  the  Ta  Tsing  Empire 
on  his  Minister  and  Commissioner  Extraordinary  Tsiyeng,  of  the 
Imperial  House,  a Vice  Guardian  of  the  Heir  Apparent,  Governor 
General  of  the  Two  Kwangs,  and  Superintendent  General  of  the 
trade  and  foreign  intercourse  of  the  five  ports. 

And  the  said  Commissioners,  after  having  exchanged  their  said 
full  powers,  and  duly  considered  the  premises,  have  agreed  to  the  fol- 
lowing articles: 

Article  I. 

There  shall  be  a perfect,  permanent  and  universal  peace  and  a 
sincere  and  cordial  amity,  between  the  United  States  of  America  on 
the  one  part,  and  the  Ta  Tsing  Empire  on  the  other  part,  and  between 
their  people  respectively,  without  exception  of  persons  or  places. 

Article  II. 

Citizens  of  the  United  States  resorting  to  China  for  the  purposes 
of  commerce  will  pay  the  duties  of  import  and  export  prescribed  in 
the  tariff,  which  is  fixed  and  made  a part  of  this  treaty.  They  shall, 
in  no  case,  be  subject  to  other  or  higher  duties  than  are  or  shall  be 
required  of  the  people  of  any  other  nation  whatever.  Fees  and 
charges  of  every  sort  are  wholly  abolished,  and  officers  of  the  revenue, 
who  may  be  guilty -of  exaction,  shall  be  punished  according  to  the 
laws  of  China.  If  the  Chinese  Government  desire  to  modify,  in  any 
respect,  the  said  tariff,  such  modifications  shall  be  made  only  in  con- 
sultation with  Consuls  or  other  functionaries  thereto  duly  authorized 
in  behalf  of  the  United  States,  and  with  consent  thereof.  And  if 
additional  advantages  or  privileges,  of  whatever  description,  be  con- 
ceded hereafter  by  China  to  any  other  nation,  the  United  States,  and 
the  citizens  thereof,  shall  be  entitled  thereupon  to  a complete,  equal 
and  impartial  participation  in  the  same. 

Article  III. 

The  citizens  of  the  United  States  are  permitted  to  frequent  the  five 
ports  of  Kwang-chow,  Amoy,  Fuchow,  Ningpo  and  Shanghai,  and  to 
reside  with  their  families  and  trade  there,  and  to  proceed  at  pleasure 
with  their  vessels  and  merchandise  to  and  from  any  foreign  port  and 
either  of  the  said  five  ports,  and  from  either  of  the  said  five  ports  to 
any  other  of  them.  But  said  vessels  shall  not  unlawfully  enter  the 
other  ports  of  China,  nor  carry  on  a clandestine  and  fraudulent  trade 
along  the  coasts  thereof.  And  any  vessel  belonging  to  a citizen  of 
the  United  States  which  violates  this  provision  shall,  with  her  cargo, 
be  subject  to  confiscation  by  the  Chinese  Government. 

Article  IV. 

For  the  superintendence  and  regulation  of  the  concerns  of  citizens 
of  the  United  States  doing  business  at  the  said  five  ports,  the  Govern- 
ment of  the  United  States  may  appoint  Consuls  or  other  officers  at 
the  same,  who  shall  be  duly  recognized  as  such  by  the  officers  of  the 
Chinese  Government,  and  shall  hold  official  intercourse  and  corre- 
spondence with  the  latter,  either  personal  or  in  writing,  as  occasion 


198 


TREATIES,  CONVENTIONS,  ETC. 


may  require,  on  terms  of  equality  and  reciprocal  respect.  If  dis- 
respectfully treated  or  aggrieved  in  any  way  by  the  local  authorities, 
said  officers  on  the  one  hand  shall  have  the  right  to  make  representa- 
tion of  the  same  to  the  superior  officers  of  the  Chinese  Government, 
who  will  see  that  full  inquiry  and  strict  justice  be  had  in  the  prem- 
ises ; and,  on  the  other  hand,  the  said  Consuls  will  cai’efully  avoid  all 
acts  of  unnecessaiy  oti'ence  to,  or  collision  with,  the  officers  and  people 
of  China. 

Article  V. 

At  each  of  the  said  five  ports,  citizens  of  the  United  States  lawfully 
engaged  in  commerce  shall  be  permitted  to  import  from  their  own  or 
any  other  ports  into  China,  and  sell  there  and  purchase  therein,  and 
export  to  their  own  or  any  other  ports,  all  manner  of  merchandise, 
of  which  the  importation  or  exportation  is  not  prohibited  by  this 
treaty,  paying  the  duties  which  are  prescribed  by  the  tariff  herein- 
before established,  and  no  other  charges  whatsoever. 

Article  VI. 

Vdienever  anj'  merchant  vessel  belonging  to  the  United  States  shall 
enter  either  of  the  said  five  jiorts  for  trade,  her  papers  shall  be  lodged 
with  the  Consul  or  person  charged  with  affairs,  who  will  report  the 
same  to  the  commissioner  of  customs ; and  tonnage  duty  shall  be  paid 
on  said  vessel  at  the  rate  of  five  mace  per  ton,  if  she  be  over  one  hun- 
hundred  and  fifty  tons  burden;  and  one  mace  per  ton  if  she  be  of 
the  burden  of  one  hundred  and  fifty  tons  or  under,  according  to  the 
amount  of  her  tonnage  as  specified  in  the  register;  said  payment  to 
be  in  full  of  the  former  charges  of  measurement  and  other  fees,  which 
are  wholly  abolished.  And  if  any  vessel,  which  having  anchored  at 
one  of  the  said  ports,  and  there  paid  tonnage  duty,  shall  have  occa- 
sion to  go  to  ani^  other  of  the  said  ports  to  complete  the  disposal  of  her 
cargo,  the  Consul  or  person  charged  with  affairs,  will  report  the  same 
to  the  commissioner  of  customs,  who,  on  the  departure  of  the  said  ves- 
sel, will  note  in  the  port-clearance  that  the  tonnage  duties  have  been 
paid,  and  report  the  same  to  the  other  custom-houses;  in  which  case 
on  entering  another  jiort  the  said  vessel  will  only  pay  duty  there  on 
her  cargo,  but  shall  not  be  subject  to  the  payment  of  tonnage  duty 
a second  time. 


Article  VII. 

No  tonnage  duty  shall  be  required  on  boats  belonging  to  citizens  of 
the  United  States,  employed  in  the  conveyance  of  passengers,  bag- 
gage, letters  and  articles  of  provision,  or  others  not  subject  to  duty,  to 
or  from  any  of  the  five  ports.  All  cargo  boats,  however,  conveying 
merchandise  subject  to  duty,  shall  pay  the  regular  tonnage  duty  of 
one  mace  per  ton,  provided  they  belong  to  citizens  of  the  United 
States,  but  not  if  hired  by  them  from  subjects  of  China. 

Article  VIII. 

Citizens  of  the  United  States,  for  their  vessels  bound  in,  shall  be 
allowed  to  engage  pilots,  who  will  report  said  vessels  at  the  passes, 
and  take  them  into  jiort ; and,  when  the  lawful  duties  have  all  been 


CHINA 1844. 


199 


paid,  they  may  engage  pilots  to  leave  port.  It  shall  also  be  lawful 
for  them  to  hire,  at  pleasure,  servants,  compradors,  linguists  and 
writers,  and  passage  or  cargo  boats,  and  to  employ  laborers,  seamen 
and  persons  for  whatever  necessary  service,  for  a reasonable  com- 
pensation, to  be  agreed  on  by  the  parties,  or  settled  by  aiiplication  to 
the  Consular  Officer  of  their  Government,  without  interference  on 
the  part  of  the  local  officers  of  the  Chinese  Government. 

Article  IX. 

Whenever  merchant  vessels  belonging  to  the  United  States  shall 
have  entered  port,  the  superintendent  of  customs  will,  if  he  see  fit, 
appoint  custom-house  officers  to  guard  said  vessels,  who  may  live  on 
board  the  ship  or  their  own  boats,  at  their  convenience;  but  pro- 
vision for  the  subsistence  of  said  officers  shall  be  made  by  the  superin- 
tendent of  customs,  and  they  shall  not  be  entitled  to  any  allowance 
from  the  vessel  or  owner  thereof;  and  they  shall  be  subject  to  suitable 
punishment  for  any  exaction  practiced  by  them  in  violation  of  this 
regulation. 

Article  X. 

Whenever  a merchant  vessel  belonging  to  the  United  States  shall 
cast  anchor  in  either  of  said  ports,  the  supercargo,  master  or  con- 
signee, will,  within  forty-eight  hours,  deposit  the  ship’s  papers  in 
the  hands  of  the  Consul  or  person  charged  with  affairs  of  the  United 
States,  who  will  cause  to  be  communicated  to  the  superintendent  of 
customs  a true  report  of  the  name  and  tonnage  of  such  vessel,  the 
names  of  her  men,  and  of  the  cargo  on  board ; which  being  done,  the 
superintendent  will  give  a permit  for  the  discharge  of  her  cargo. 

And  the  master,  supercargo  or  consignee,  if  he  proceed  to  discharge 
the  cargo  without  such  permit,  shall  incur  a fine  of  five  hundred 
dollars;  and  the  goods  so  discharged  without  permit  shall  be  subject 
to  forfeiture  to  the  Chinese  Government.  But  if  the  master  of  any 
vessel  in  port  desire  to  discharge  a part  only  of  the  cargo,  it  shall  be 
lawful  for  him  to  do  so,  paying  duty  on  such  part  only,  and  to  pro- 
ceed with  the  remainder  to  any  other  ports. 

Or,  if  the  master  so  desire,  he  may,  within  forty-eight  hours  after 
the  arrival  of  the  vessel,  but  not  later,  decide  to  depart  without  break- 
ing bulk;  in  which'case  he  will  not  be  subject  to  pay  tonnage  or  other 
duties  or  charges,  until,  on  his  arrival  at  another  port,  he  shall  pro- 
ceed to  discharge  cargo,  when  he  will  pay  the  duties  on  vessel  and 
cargo,  according  to  law.  And  the  tonnage  duties  shall  be  held  to  be 
due  after  the  expiration  of  said  forty-eight  hours. 

Article  XI. 

The  superintendent  of  customs,  in  order  to  the  collection  of  the 
proper  duties,  will,  on  application  made  to  him  through  the  Consul, 
appoint  suitable  officers,  who  shall  proceed,  in  the  presence  of  the 
captain,  supercargo  or  consignee,  to  make  a just  and  fair  examination 
of  all  goods  in  the  act  of  being  discharged  for  importation  or  laden 
for  exportation  on  board  any  merchant  vessel  of  the  United  States. 
And  if  dispute  occur  in  regard  to  the  value  of  goods  subject  to  ad 
valorem  duty,  or  in  regard  to  the  amount  of  tare,  and  the  same  cannot 


200 


TREATIES,  CONVENTIONS,  ETC. 


be  satisfactorily  arranged  by  the  parties,  the  question  may,  within 
twenty-four  hours,  and  not  afterwards,  be  referred  to  the  said  Con- 
sul to  adjust  with  the  suiierintendent  of  customs. 

Article  XII. 

Sets  of  standard  balances,  and  also  weights  and  measures,  duly 
prepared,  stamped  and  sealed,  according  to  the  standard  of  the  cus- 
tom-house at  Canton,  shall  be  delivered  by  the  superintendents  of 
customs  to  the  Consuls  at  each  of  the  five  jiorts,  to  secure  uniformity, 
and  j^revent  confusion  in  measures  and  weights  of  merchandise. 

Article  XIII. 

The  tonnage  duty  on  vessels  belonging  to  citizens  of  the  United 
States  shall  be  paid  on  their  being  admitted  to  entry.  Duties  of  im- 
port shall  be  paid  on  the  discharge  of  the  goods,  and  duties  of  export 
on  the  lading  of  the  same.  When  all  such  duties  shall  have  been  paid, 
and  not  before,  the  superintendent  of  customs  shall  give  a port-clear- 
ance, and  the  Consul  shall  return  the  ship’s  papers,  so  that  she  may 
depart  on  her  voyage.  The  duties  shall  be  paid  to  the  shroffs  au- 
thorized by  the  Chinese  Government  to  receive  the  same  in  its  be- 
half. Duties  payable  by  merchants  of  the  United  States  shall  be 
received  either  in  sycee  silver  or  in  foreign  money,  at  the  rate  of  ex- 
change as  ascertained  by  the  regulation  now  in  force.  And  imported 
goods,  on  their  re-sale  or  transit  in  any  part  of  the  empire,  shall  be 
subject  to  the  imposition  of  no  other  duty  than  they  are  accustomed 
to  pay  at  the  date  of  this  treaty. 

Article  XIV. 

Xo  goods  on  board  any  merchant  vessel  of  the  United  States  in 
port  are  to  be  transshipped  to  another  vessel,  unless  there  be  particu- 
lar occasion  therefor ; in  which  case  the  occasion  shall  be  certified  by 
the  Consul  to  the  superintendent  of  customs,  who  may  appoint  offi- 
cers to  examine  into  the  facts,  and  permit  the  transshipment.  And  if 
any  goods  be  transshijiped  without  such  application,  inquiry  and  per- 
mit, they  shall  be  subject  to  be  forfeited  to  the  Chinese  Government. 

Article  XV. 

The  former  limitation  of  the  trade  of  foreign  nations  to  certain  per- 
sons appointed  at  Canton  by  the  Government,  and  commonly  called 
Ilong-merchants,  having  been  abolished,  citizens  of  the  United  States 
engaged  in  the  purchase  or  sale  of  goods  of  import  or  export,  are 
admitted  to  trade  with  any  and  all  subjects  of  China  Avithout  distinc- 
tion ; they  shall  not  be  subject  to  any  neAv  limitations,  nor  impeded 
in  their  business  by  monopolies  or  other  injurious  restrictions. 

Article  XVI. 

The  Chinese  Government  will  not  hold  itself  responsible  for  any 
debts  which  may  happen  to  be  due  from  subjects  of  China  to  citizens 
of  the  United  States,  or  for  frauds  committed  by  them ; but  citizens 


CHINA — 1844. 


201 


of  the  United  States  may  seek  redress  in  law ; and  on  suitable  repre- 
sentation being  made  to  the  Chinese  local  authorities  through  the  Con- 
sul, they  will  cause  due  examination  in  the  premises,  and  take  all 
proper  steps  to  compel  satisfaction.  But  in  case  the  debtor  be  dead,  or 
without  property,  or  have  absconded,  the  creditor  cannot  be  indemni- 
fied according  to  the  old  system  of  the  co-hong,  so-called.  And  if 
citizens  of  the  United  States  be  indebted  to  subjects  of  China,  the 
latter  may  seek  redress  in  the  same  way  through  the  Consul,  but 
without  any  responsibility  for  the  debt  on  the  part  of  the  United 
States. 

Article  XVII. 

Citizens  of  the  United  States  residing  or  sojourning  at  any  of  the 
ports  open  to  foreign  commerce  shall  enjoy  all  proper  accommoda- 
.tion  in  obtaining  houses  and  places  of  business,  or  in  hiring  sites  from 
the  inhabitants  on  which  to  construct  houses  and  places  of  business, 
and  also  hospitals,  churches  and  cemeteries.  The  local  authorities 
of  the  two  Governments  shall  select  in  concert  the  sites  for  the  fore- 
going objects,  having  due  regard  to  the  feelings  of  the  people  in  the 
location  thereof;  and  the  parties  interested  will  fix  the  rent  by  mutual 
agreement,  the  proprietors  on  the  one  hand  not  demanding  any  ex- 
orbitant price,  nor  the  merchant  on  the  other  unreasonably  insisting 
on  particular  spots,  but  each  conducting  with  justice  and  moderation. 
And  any  desecration  of  said  cemeteries  by  subjects  of  China  shall  be 
severely  punished  according  to  law. 

At  the  places  of  anchorage  of  the  vessels  of  the  United  States,  the 
citizens  of  the  United  States,  merchants  seamen  or  others  sojourning 
there,  may  pass  and  repass  in  the  immediate  neighborhood ; but  they 
shall  not  at  their  pleasure  make  excursions  into  the  country  among 
the  villages  at  large,  nor  shall  they  repair  to  public  marts  for  the 
purpose  of  disposing  of  goods  unlawfully  and  in  fraud  of  the  revenue. 

And,  in  order  to  the  preservation  of  the  public  peace,  the  local  offi- 
cers of  the  Government  at  each  of  the  five  ports  shall,  in  concert  with 
the  Consul,  define  the  limits  beyond  which  it  shall  not  be  lawful  for 
citizens  of  the  United  States  to  go. 

Article  XVIII. 

It  shall  be  lawful  for  the  officers  or  citizens  of  the  United  States 
to  employ  scholars  and  people  of  any  part  of  China,  without  dis- 
tinction of  persons,  to  teach  any  of  the  languages  of  the  empire,  and 
to  assist  in  literary  labors;  and  the  persons  so  employed  shall  not, 
for  that  cause,  be  subject  to  any  injury  on  the  part  either  of  the 
Government  or  of  individuals;  and  it  shall  in  like  manner  be  lawful 
for  citizens  of  the  United  States  to  purchase  all  manner  of  books  in 
China. 

Article  XIX. 

All  citizens  of  the  United  States  in  China,  peaceably  attending  to 
their  affairs,  being  placed  on  a common  footing  of  amity  and  good 
will  with  the  subjects  of  China,  shall  receive  and  enjoy,  for  them- 
selves and  everything  appertaining  to  them,  the  special  protection  of 
the  local  authorities  of  Government,  who  shall  defend  them  from  all 


202 


TREATIES,  CONVENTIONS,  ETC. 


insult  or  injury  of  any  sort  on  the  part  of  the  Chinese.  If  their 
dwellings  or  their  property  be  threatened  or  attacked  by  mobs,  in- 
cendiaries or  other  violent  or  lawless  persons,  the  local  officers,  on 
recpiisition  of  the  Consul,  will  immediately  despatch  a military  force 
to  disperse  the  rioters,  and  will  apprehend  the  guilty  individuals, 
and  imnish  them  with  the  utmost  rigor  of  the  law. 

Article  XX. 

Citizens  of  the  United  States  who  may  have  imported  merchandise 
into  any  of  the  free  ports  of  China,  and  paid  the  duty  thereon,  if 
they  desire  to  re-export  the  same,  in  part  or  in  whole,  to  any  other 
of  the  said  ports,  shall  be  entitled  to  make  application,  through  their 
Consul,  to  the  superintendent  of  customs,  who,  in  order  to  prevent 
frauds  on  the  revenue,  shall  cause  examination  to  be  made  by  suitable 
officers  to  see  that  the  duties  jDaid  on  such  goods,  as  entered  on  the 
custom-house  books,  correspond  with  the  representation  made,  and 
that  the  goods  remain  with  their  original  marks  unchanged,  and 
shall  then  make  a memorandum  in  the  port-clearance  of  the  goods, 
and  the  amount  of  duties  paid  on  the  same,  and  deliver  the  same  to 
the  merchant ; and  shall  also  certify  the  facts  to  the  officers  of  cus- 
toms of  the  other  ports.  xVll  which  being  done,  on  the  arrival  in  port 
of  the  vessel  in  which  the  goods  are  laden,  and  everything  being 
found  on  examination  there  to  correspond,  she  shall  be  permitted 
to  break  bulk  and  land  the  said  goods,  without  being  subject  to  the 
payment  of  any  additional  duty  thereon.  But  if  on  such  examina- 
tion the  superintendent  of  customs  shall  detect  any  fraud  on  the 
revenue  in  the  case,  then  the  goods  shall  be  subject  to  forfeiture  and 
confiscation  to  the  Chinese  Government. 

Article  XXI. 

Subjects  of  China  who  may  be  guilty  of  any  criminal  act  towards 
citizens  of  the  United  States  shall  be  arrested  and  punished  by  the 
Chinese  authorities  according  to  the  laws  of ‘China;  and  citizens  of 
the  United  States  who  may  commit  any  crime  in  China  shall  be 
subject  to  be  tried  and  punished  only  by  the  Consul,  or  other  public 
functionary  of  the  United  States,  thereto  authorized,  according  to 
the  laws  of  the  United  States.  And  in  order  to  the  prevention  of  all 
controversy  and  disaffection,  justice  shall  be  equitably  and  impar- 
tially administered  on  both  sides. 

Article  XXII. 

Relations  of  peace  and  amity  between  the  United  States  and  China 
being  established  by  this  treats,  and  the  vessels  of  the  United  States 
being  admitted  to  trade  freely  to  and  from  the  five  jDorts  of  China 
open  to  foreign  commerce,  it  is  further  agreed  that  in  case.,  at  any 
time  hereafter,  China  should  be  at  war  with  any  foreign  nation  what- 
ever, and  should  for  that  cause  exclude  such  nation  from  entering 
her  ports,  still  the  vessels  of  the  United  States  shall  not  the  less 
continue  to  pursue  their  commerce  in  freedom  and  security,  and  to 
transport  goods  to  and  from  the  jiorts  of  the  belligerent  parties,  full 


CHINA — 1844, 


203 


respect  being  paid  to  the  neutrality  of  the  flag  of  the  United  States : 
Provided  that  the  said  flag  shall  not  protect  vessels  engaged  in  the 
transportation  of  officers  or  soldiers  in  the  enemy’s  service ; nor  shall 
said  flag  be  fraudulently  used  to  enable  the  enemy’s  ships  with  their 
cargoes  to  enter  the  ports  of  China ; but  all  such  vessels  so  offending 
shall  be  subject  to  forfeiture  and  confiscation  to  the  Chinese  Govern- 
ment. 

Article  XXIII. 

The  Consuls  of  the  United  States,  at  each  of  the  five  ports  open  to 
foreign  trade,  shall  make  annually  to  the  respective  Governors  Gen- 
eral thereof  a detailed  report  of  the  number  of  vessels  belonging  to 
the  United  States  which  have  entered  and  left  said  ports  during  the 
year,  and  of  the  amount  and  value  of  goods  imported  or  exported  in 
said  vessels,  for  transmission  to  and  inspection  of  the  board  of 
revenue. 

Article  XXIV.  • 

If  citizens  of  the  United  States  have  special  occasion  to  address 
any  communication  to  the  Chinese  local  officers  of  Government,  they 
shall  submit  the  same  to  their  Consul,  or  other  officer,  to  determine  if 
the  language  be  proper  and  respectful,  and  the  matter  just  and  right; 
in  which  event  he  shall  transmit  the  same  to  the  appropriate  authori- 
ties for  their  consideration  and  action  in  the  premises.  In  like  man- 
ner, if  subjects  of  China  have  special  occasion  to  address  the  Consul 
of  the  United  States,  they  shall  submit  the  communication  to  the 
local  authorities  of  their  own  Government,  to  determine  if  the  lan- 
guage be  respectful  and  proper,  and  the  matter  just  and  right;  in 
which  case  the  said  authorities  will  transmit  the  same  to  the  Consul, 
or  other  functionary,  for  his  consideration  and  action  in  the  premises. 
And  if  controversies  arise  between  citizens  of  the  United  States  and 
subjects  of  China,  which  cannot  be  amicably  settled  otherwise,  the 
same  shall  be  examined  and  decided  conformably  to  justice  and 
equity  by  the  public  officers  of  the  two  nations  acting  in  conjunction. 

Article  XXV. 

All  questions  in  regard  to  rights,  whether  of  property  or  person, 
arising  between  citizens  of  the  United  States  in  China,  shall  be 
subject  to  the  jurisdiction  of,  and  regulated  by  the  authorities  of 
their  own  Government.  And  all  controversies  occurring  in  China 
between  citizens  of  the  United  States  and  the  subjects  of  any  other 
Government  shall  be  regulated  by  the  treaties  existing  between  the 
United  States  and  such  Governments,  respectively,  without  inter- 
ference on  the  part  of  China. 

Article  XXVI. 

Merchant  vessels  of  the  United  States  lying  in  the  waters  of  the 
five  ports  of  China  open  to  foreign  commerce  will  be  under  the  juris- 
diction of  the  officers  of  their  own  Government ; who,  with  the  mas- 
ters and  owners  thereof,  will  manage  the  same  without  control  on 
the  part  of  China,  For  injuries  done  to  the  citizens  or  the  commerce 


204 


TREATIES,  CONVENTIONS,  ETC. 


of  the  United  States  by  any  foreign  power,  the  Chinese  Government 
will  not  hold  itself  bonnd  to  make  reparation.  But  if  the  merchant 
vessels  of  the  United  States,  Avhile  within  the  waters  over  which  the 
Chinese  Government  exercise  jurisdiction,  be  plundered  by  robbers 
or  2iirates,  then  the  Chinese  local  authorities,  civil  and  military,  on 
receiving  information  thereof,  Avill  arrest  the  said  robbers  or  pirates, 
and  punish  them  according  to  law,  and  will  cause  all  the  property 
which  can  be  recovered,  to  be  placed  in  the  hands  of  the  nearest  Con- 
sul, or  other  officer  of  the  United  States,  to  be  by  him  restored  to  the 
true  owner.  But  if,  by  r'eason  of  the  extent  of  territory  and  numer- 
ous jDopulation  of  China,  it  should,  in  any  case,  happen  that  the 
robbers  cannot  be  apprehended,  or  the  property  only  in  part  recov- 
ered, then  the  law  will  take  its  course  in  regard  to  the  local  authori- 
ties, but  the  Chinese  Government  will  not  make  indemnity  for  the 
goods  lost. 


Article  XXVII. 

If  any  vessel  of  the  ITnited  States  shall  be  wrecked  or  stranded  on 
the  coast  of  China,  and  be  subjected  to  plunder  or  other  damage,  the 
proper  officers  of  Government,  on  receiving  information  of  the  fact, 
will  immediately  adopt  measures  for  their  relief  and  security;  and 
the  persons  on  board  shall  receive  friendly  treatment,  and  be  enabled 
to  repair  at  once  to  the  most  convenient  of  the  five  ports,  and  shall 
enjoy  all  facilities  for  obtaining  supplies  of  provisions  and  water. 
And  if  a vessel  shall  be  forced,  in  whatever  way,  to  take  refuge  in 
any  port  other  than  one  of  the  free  ports,  then  in  like  manner  the 
jiersons  on  board  shall  receive  friendly  treatment,  and  the  means  of 
safety  and  security. 

Article  XXVIII. 

Citizens  of  the  United  States,  their  vessels  and  property,  shall  not 
be  subject  to  any  embargo;  nor  shall  they  be  seized  and  forcibly 
detained  for  any  pretence  of  the  public  service;  but  they  shall  be 
suffered  to  prosecute  their  commerce  in  quiet,  and  without  molesta- 
tion or  embarrassment. 


Article  XXIX. 

The  local  authorities  of  the  Chinese  Government  will  cause  to  be 
apprehended  all  mutineers  or  deserters  from  on  board  the  vessels  of 
the  United  States  in  China,  and  will  deliver  them  up  to  the  Consuls 
or  other  officers  for  punishment.  And  if  criminals,  subjects  of 
China,  take  refuge  in  the  houses  or  on  board  the  vessels  of  citizens 
of  the  United  States,  they  shall  not  be  harbored  or  concealed,  but 
shall  be  delivered  up  to  justice,  on  due  requisition  by  the  Chinese 
local  officers  addressed  to  those  of  the  United  States. 

The  merchants,  seamen  and  other  citizens  of  the  United  States 
shall  be  under  the  superintendence  of  the  appropriate  officers  of  their 
Government.  If  individuals  of  either  nation  commit  acts  of  vio- 
lence and  disorder,  nse  arms  to  the  injury  of  others,  or  create  disturb- 
ances endangering  life,  the  officers  of  the  two  Governments  will 
exert  themselves  to  enforce  order,  and  to  maintain  the  public  peace, 
by  doing  impartial  justice  in  the  premises. 


CHINA — 1844. 


205 


Article  XXX. 

The  superior  authorities  of  the  United  States  and  of  China  in  cor- 
responding together  shall  do  so  in  terms  of  equality  and  in  the  form 
of  mutual  communication,  {chau-hwui).  The  Consuls  and  the  local 
officers,  civil  and  military,  in  corresiionding  together  shall  likewise 
employ  the  style  and  foiun  of  mutual  communication,  {chau-hwui) 
AAdien' inferior  officers  of  the  one  Government  address  superior  officers 
of  the  other,  they  shall  do  so  in  the  style  and  form  of  memorial, 
{chin-chin) . Private  individuals  in  addressing  superior  officers  shall 
employ  the  style  of  petition,  {pin-ching).  In  no  case  shall  an}^  terms 
or  style  be  suffered  which  shall  be  offensive  or  disrespectful  to  either 
party.  And  it  is  agreed  that  no  presents,  under  any  pretext  or  form 
whatever,  shall  ever  be  demanded  of  the  United  States  by  China,  or 
of  China  by  the  United  States. 

Article  XXXI. 

Communications  from  the  Government  of  the  United  States  to  the 
Court  of  China  shall  be  transmitted  through  the  medium  of  the  Im- 
perial Commissioner  charged  with  the  superintendence  of  the  con- 
cerns of  foreign  nations  with  China,  or  through  the  Governor-Gen- 
eral of  the  Liang  Kwang,  that  of  Min  and  Cheh,  or  that  of  the  Liang 
Kiang. 

Article  XXXII. 

Mdienever  ships  of  war  of  the  United  States  in  cruising  for  the 
protection  of  the  commerce  of  their  country  shall  arrive  at  any  of  the 
ports  of  China,  the  commanders  of  said  ships  and  the  superior  local 
authorities  of  Government  shall  hold  intercourse  together  in  terms 
of  equality  and  courtesy  in  token  of  the  friendly  relations  of  their 
respective  nations.  And  the  said  ships  of  war  shall  enjoy  all  suit- 
able facilities  on  the  part  of  the  Chinese  Government  in  the  purchase 
of  provisions,  procuring  water  and  making  repairs  if  occasion  re- 
quire. 

Article  XXXIII. 

Citizens  of  the  United  States  who  shall  attempt  to  trade  clandes- 
tinely with  such  of  the  ports  of  China  as  are  not  open  to  foreign  com- 
merce, or  who  shall  trade  in  opium  or  any  other  contraband  articles 
of  merchandise,  shall  be  subject  to  be  dealt  with  by  the  Chinese  Gov- 
ernment without  being  entitled  to  any  countenance  or  protection  from 
that  of  the  United  States;  and  the  United  States  will  take  measures 
to  prevent  their  flag  from  being  abused  by  the  subjects  of  other  na- 
tions as  a cover  for  the  violation  of  the  laws  of  the  Empire. 

Article  XXXIV. 

When  the  present  convention  shall  have  been  definitely  concluded, 
it  shall  be  obligatory  on  both  powers,  and  its  provisions  shall  not  be 
altered  without  grave  cause;  but  inasmuch  as  the  circumstances  of 
the  several  ports  of  China  open  to  foreign  commerce  are  different, 
experience  maj'^  show  that  inconsiderable  modifications  are  requisite 
in  those  parts  which  relate  to  commerce  and  navigation;  in  which 
case  the  two  Governments  will,  at  the  expiration  of  twelve  years 
from  the  date  of  said  convention,  treat  amicably  concerning  the  same,' 


20G 


TREATIES,  CONVENTIONS,  ETC. 


by  the  means  of  suitable  persons  appointed  to  conduct  such  negotia- 
tion. 

And  vhen  ratified  this  treaty  shall  be  faithfully  observed  in  all  its 
parts  by  the  United  States  and  China  and  by  every  citizen  and  sub- 
ject of  each.  And  no  individual  State  of  the  United  States  can  ap- 
jioint  or  send  a minister  to  China  to  call  in  question  the  provisions 
of  the  same. 

The  present  treaty  of  peace,  amity,  and  commerce,  shall  be  ratified 
and  approved  by  the  President  of  the  United  States,  by  and  with  the 
advice  and  consent  of  the  Senate  thereof,  and  by  the  August  Sover- 
eign of  the  Ta  Tsing  Empire,  and  the  ratifications  shall  be  ex- 
changed within  eighteen  months  from  the  date  of  the  signature  there- 
of, or  sooner  if  possible. 

In  faith  whereof  we,  the  respective  Plenipotentiaries  of  the  United 
States  of  America  and  of  the  Ta  Tsing  Empire  as  aforesaid,  have 
signed  and  sealed  these  presents. 

Done  at  Wang  Hiya,  this  third  day  of  July,  in  the  year  of  our 
Lord  Jesus  Christ  one  thousand  eight  hundred  and  forty-four,  and 
of  Taoukwang  the  twenty-fourth  year,  fifth  month  and  eighteenth 
day. 

[seal.]  C.  Cushing. 

[seal.]  Tsiyeng,  (in  Manclni  language.') 


The  tariff  of  duties  to  he  levied  on  imported  and  exported  merchan- 
dise at  the  five  ports. 

The  duties  which  it  is  asreed  shall  be  paid  upon  goods  imported  and  exported 
by  the  United  States,  at  the  cnstoin-honses  of  Canton,  Amoy,  Fuehow,  Ningpo, 
and  Shanghai,  are  as  follows,  the  articles  being  arranged  in  classes,  viz : 

EXPORTS. 

Class  1. — Alum,  oils,  d-c. 

“ T.  M.  C. 


Alum,  i.  e.,  white  alum,  formerly  white  alum  and  bluestone,  per 

100  catties 0 10 

Anise-seed  oil,  not  formerly  contained  in  the  tariff,  per  100  catties 5 0 0 

Cassia  buds,  not  formerly  contained  in  the  tariff,  per  100  catties 10  0 

Class  2. — Teas,  spices,  dc. 

Tea,  formerly  divided  into  fine  and  native  black,  and  fine  and  native 

green  teas,  per  100  catties 2 5 0 

Anise-seed,  star,  per  100  catties 0 5 0 

Musk,  each  catty 0 5 0 

Class  3. — Drugs. 

Capoor  cutchery,  per  100  cattles 0 3 0 

Camphor,  per  100  catties 15  0 

Arsenic,  under  different  Chinese  names,  per  100  catties 0 7 5 

Cassia,  per  100  catties 0 7 5 

Cassi.-i  buds,  not  formerly  contained  in  the  tariff,  per  100  catties 10  0 

China  root,  per  100  catties 0 2 0 

Cubebs,  not  formerly  in  tariff,  per  100  catties 15  0 

(lalingal,  per  100  catties 0 10 

Ilartall.  i)er  100  catties 0 5 0 

Rhubarb,  per  100  catties 10  0 

Turmeric,  per  100  catties 0 2 0 


“ Taels,  mace  and  caudareeus. 


CHINA 1844. 


207 


Class  4. — Sundries. 

“T.  M.  C. 

Bangles,  not  formerly  in  the  tariff,  per  100  catties 0 5 0 

Bamboo  screens  and  bamboo  ware,  per  100  catties 0 2 0 

Corals,  native  or  false  corals,  not  formerly  in  the  tariff,  per  100  cat- 

ties 0 5 0 

Crackers,  and  fire-works  formerly  classed  as  rockets,  per  100  catties 0 7 5 

Fans,  (feather  fans,  &c,,)  not  formerly  in  the  tariff,  per  100  catties 10  0 

Glass,  glass  ware  of  all  kinds,  formerly  classed  as  native  ci'ystal 

ware,  per  100  catties 0 5 0 

Glass  beads,  or  false  pearls,  per  100  catties 0 5 0 

Kittisols,  or  paper  umbrellas,  per  100  catties 0 5 0 

Marble,  marble  slabs,  not  formerly  in  the  tariff,  per  100  catties 0 2 0 

Rice-paper  pictures,  per  100  catties 0 10 

Paper  fans,  per  100  catties 0 5 0 

Pearls,  (false,)  not  formerly  in  the  tariff,  per  100  catties 0 5 0 

Class  5. — Painters'  stores,  dc. 

Brass  leaf,  per  100  catties 15  0 

Gamboge,  per  100  catties 2 0 0 

Red  lead,  per  100  catties 0 5 0 

Glue,  as  fish  glue,  cowhide  glue,  &c.,  per  100  cattles 0 5 0 

Paper,  stationery,  per  100  catties 0 5 0 

Tin  foil,  per  100  catties 0 5 0 

Vermilion,  per  100  catties 3 0 0 

Paintings,  (large  paintings,)  formerly  divided  into  large  and  small 

paintings,  each 0 10 

White  lead,  per  100  catties 0 2 5 

Class  6. — Wares  of  various  kinds. 

Bone  and  horn  ware,  per  100  catties 10  0 

China  ware,  fine  and  coarse,  formerly  classed  as  fine,  native,  coarse 

and  middling,  per  100  catties 0 5 0 

Copper  ware  and  pewter  ware,  per  100  catties 0 5 0 

Manufactures  of  wood,  furniture,  &c.,  per  100  catties 0 2 0 

Ivory  ware,  all  carved  ivory  work  included,  formerly  divided  into 

ivory  and  ivory  carvings,  per  100  catties 5 0 0 

Lacquered  ware,  per  100  catties 10  0 

Mother-of-peari  ware,  per  100  catties 10  0 

Rattan  ware,  rattan  and  bamboo  work,  per  100  catties 0 2 0 

Sandal-wood  ware,  per  100  catties 10  0 

Gold  and  silver  ware,  formerly  divided  into  gold  ware  and  silver 

ware,  per  100  catties 10  0 0 

Tortoise-shell  ware,  per  100  catties 10  0 0 

Leather  trunks  and  boxes,  per  100  catties 0 2 0 

Class  7. — Canes,  &c. 

Canes  or  walking  sticks  of  all  kinds,  per  1,000  pieces 0 5 0 

Class  8. — Articles  of  clothing. 

Wearing  apparel,  whether  of  cotton,  woollen  or  silk,  formerly  divided 
into  cotton  clothing,  woolen  clothing,  silk  and  satin  clothing,  and 

velvet,  per  100  catties 0 5 0 

Boots  and  shoes,  whether  of  leather,  satin  or  otherwise,  per  100 
catties 0 2 0 

Class  9. — Fabrics  of  hemp,  cotton,  &c. 

Grass-cloth,  and  all  cloths  of  hemp  or  linen,  per  100  catties 10  0 

Nankeen,  and  all  cloths  of  cotton,  formerly  not  in  the  tariff,  per  100 

catties 10  0 


“Taels,  mace  and  candareens. 


208 


TREATIES,  CONVENTIONS,  ETC. 


Class  10. — Silk,  fabrics  of  silk,  dc. 

“T.  M.  C. 


Raw  silk  of  any  province,  per  100  catties 10  0 0 

Coarse  or  refuse  silk,  per  100  catties 2 0 0 

Organzine  of  all  kinds,  per  100  catties 10  0 0 

Silk  ribOon  and  thread,  per  100  catties 10  0 0 

Silk  and  satin  fabrics  of  all  kinds,  as  craiie,  lutestring,  &c.,  &c.,  for- 
merly classed  as  silks  and  satins,  per  100  catties 12  0 0 

Silk  and  cotton  mixed  fabrics,  per  100  catties ■ 3 0 0 


Heretofore  a further  charge  per  piece  has  been  levied ; the  whole 
duty  is  now  to  be  paid  in  one  sum,  and  the  further  charge  is 
abolished. 

Class  11. — Carpeting,  matting,  dc. 


Mats  of  all  kinds,  as  of  straw,  rattan,  bamboo  &c.,  per  100  catties 0 2 0 

Class  12. — Preserves,  dc. 

Preserved  ginger  and  fruits  of  all  kinds,  per  100  catties 0 5 

Soy,  per  100  catties 0 4 

Sugar,  white  and  brown,  per  100  catties 0 2 

Sugar  candy,  all  kinds,  per  100  catties 0 3 

Tobacco,  prepared  and  unprepared,  &c.,  of  all  kinds,  per  100  catties 0 2 


Class  13. — Vnenumerated  articles. 

All  articles  which  it  has  not  been  practicable  to  enumerate  herein 
specifically  are  to  be  charged  a duty  of  five  per  cent,  ad  valorem. 

Class  14. 

Gold  and  silver  coin,  and  gold  and  silver,  duty  free. 

Class  15. 

Bricks,  tiles  and  building  materials,  duty  free. 

IMPORTS. 

Class  1. — Wax,  saltpetre,  dc. 


Wax,  foreign,  as  beeswax,  also  called  tile  wax,  per  100  catties 10  0 

Oil-of-rose  mallows,  per  100  catties 10  0 

Saltpetre,  foreign,  per  100  catties , 0 3 0 

This  article  is  only  allowed  to  be  sold  to  the  Government  mer- 
chants; formerly  this  regulation  did  not  exist. 

Soaps,  foreign,  as  perfumed  soap,  per  100  catties 0 5 0 

Class  2. — Spices  and  perfumes. 

Gum  benzoin  and  oil  of  benzoin,  per  100  catties 10  0 

Sandal  wood,  per  100  catties 0 5 0 

I’epper,  black,  per  100  catties 0 4 0 


All  other  articles  of  this  class  not  specifically  mentioned  herein,  to 
pay  a duty  of  ten  per  cent,  ad  valorem. 

Perfumery,  five  per  cent,  ad  valorem. 

Class  3. — Drugs. 


Asafnetida,  per  100  catties 10  0 

Camphor,  superior  quality,  i.  e.,  pure,  formerly  classed  as  good  and 

inferior,  per  catty 10  0 

Camphor,  inferior  quality  or  refuse,  formerly  uncleaned  camphor, 

per  catty 0 5 0 

Cloves,  superior  quality,  picked,  per  100  catties 15  0 


" Taels,  mace  and  caudareens. 


O O iO  O O 


CHINA — 1844. 


209 


»T.  M.  C. 

Cloves,  inferior  quality,  (mother  cloves,)  per  100  catties 0 5 0 

Cow  bezoar,  per  catty 10  0 

Cutch,  per  100  catties 0 3 0 

Gambier,  per  100  catties 0 15 

Areca  nut,  per  100  catties 0 15 

Ginseng,  foreign,  superior  quality,  &c.,  per  100  catties 38  0 0 

Ginseng,  inferior  quality,  &c.,  per  100  catties 3 5 0 

Of  every  buudred  catties  of  foreign  ginseng  of  whatsoever  sort, 
oiie-flftb  part  is  to  be  considered  as  of  superior  quality,  and  four- 
fifths  of  inferior. 

Gum  olibanum,  per  100  catties 0 5 0 

Myrrh,  per  100  catties 0 5 0 

Mace,  or  flower  of  nutmeg,  per  100  catties 10  0 

Quicksilver,  per  100  catties 3 0 0 

Nutmegs,  first  quality,  per  100  catties 2 0 0 

Nutmegs,  second  quality,  or  coarse,  per  100  catties 10  0 

Putcbuk,  per  100  catties 0 7 5 

Rhinoceros  horns,  per  100  catties 3 0 0 

Class  4. — Sundrie.<t. 

Flints,  per  100  catties 0 0 5 

Mother  of  pearl  shells,  per  100  cattles 0 2 0 

Class  5. — Dried  meats,  dc. 

Birds’  nests,  first  quality  mandarin,  per  100  catties 5 0 0 

Birds’  nests,  second  quality  ordinary,  per  100  catties 2 5 0 

Birds’  nests,  third  quality  with  feathers,  per  100  cattles 0 5 0 

Bicho  de  mar,  first  quality  black,  per  100  catties 0 8 0 

Bicho  de  mar,  second  quality,  white,  per  100  catties 0 2 0 

Sharks’  fins,  first  quality,  white,  per  100  catties 10  0 

Sharks’  fins,  second  quality,  black,  per  100  catties 0 5 0 

Stock  fish,  called  dried  fish,  per  100  catties 0 4 0 

Fish-maws,  not  formerly  in  tariff,  per  100  catties 15  0 

Class  6. — Painters'  st07-es. 

Cochineal,  per  100  catties 5 0 0 

Smalts,  per  100  catties 4 0 0 

Sapan  wood,  per  1(X)  catties 0 10 

Class  7. — Woods,  canes,  de. 

Rattans,  per  100  catties 0 2 0 

Ebony,  per  100  catties 0 15 

All  other  imported  wood,  as  red  wood,  satin  wood,  yellow  wood,  not 
specifically  enumerated,  to  pay  a duty  of  ten  per  cent,  ad  valorem. 

Class  8. — Clocks,  xcatches,  tf-c. 

Clocks. 

Watches. 

Telescopes. 

Glass  panes,  and  crystal  ware  of  all  kinds. 

Writing-desks. 

Dressing-cases. 

Jewelry  of  gold  and  silver. 

Cutlery,  swords,  &c. 

All  the  foregoing  and  any  other  miscellaneous  articles  of  the  same  de- 
scription, 5 per  cent,  ad  valorem. 

Class  9. 

Gold  and  silver  bullion,  duty  free. 


® Taels,  mace  and  candareens. 
—14 


24449— VOL  1—10- 


210 


TREATIES,  CONVENTIONS,  ETC. 


Class  10. 

“T.  M.  C. 

Cotton,  fabrics  of  cotton  and  canvas,  from  75  to  100  cbih  long,  and 

1 chib  7 tsun  to  2 cbib  2 tsun  wide,  per  piece 0 5 0 

Cotton,  aliowing  5 per  cent,  for  tare,  per  100  catties 0 4 0 

Long  white  clotbs,  75  to  100  cbib  long,  2 cbib  2 tsnn  to  2 cbib  6 tsnu 
wide,  formerly  divided  into  superior  and  inferior  tine  cotton  clotb, 

per  piece 0 15 

Cambrics  and  muslins,  from  50  to  GO  cbib  long,  and  2 cbib  9 tsun  to  3 

cbib  3 tsun  wide,  per  piece 0 15 

Cottons,  grey  or  nnbleacbed  domestic,  &c.,  from  75  to  100  cbib  long, 
and  2 cbib  to  2 cbib  9 tsun  wide,  formerly  classed  as  coarse  long 

clotbs,  per  piece 0 10 

Twilled  cottons,  grej',  same  dimensions,  per  piece 0 10 

Cbintz  and  prints  of  all  kinds,  from  CO  to  75  cbib  long,  and  from  2 
cbib  9 tsun  to  3 cbib  3 tsun  wide,  formerly  called  ornamented  or 

tlowered  clotbs,  per  piece 0 2 0 

Cotton  yarn,  or  cotton  thread,  per  100  catties 10  0 

Linen,  fine,  not  formerly  in  the  tariff,  from  50  to  75  cbib  long,  and  1 

cbib  9 tsun  to  2 cbib  2 tsun  wide,  per  piece 0 5 0 

Bunting,  per  cbang 0 0 IJ 

All  other  imported  articles  of  this  class,  as  ginghams,  pulicats,  dyed 
cottons,  velveteens,  silk  and  cotton  mixtures,  and  mixtures  of  linen 
and  cotton,  &c.,  &c.,  5 per  cent,  ad  valorem. 

Class  11. — Fabrics  of  silk,  tooollcu,  dc. 

Handkerchiefs,  large,  above  2 cbib  6 tsun,  each 0 0 li 

Ilandkercbiefs,  small,  under  2 cbib  6 tsun,  each 0 0 1 

Cold  and  silver  thread,  superior  or  real,  per  catty 0 13 

Gold  and  silver  thread,  inferior,  or  imitation,  per  catty 0 0 3 

Broadcloth,  Spanish  stripe,  &c.,  from  3 cbib  6 tsun  to  4 cbib  G tsun 

wide,  tier  cbang 0 15 

Narrow  clotbs,  as  long  ells,  cassimeres,  &c.,  formerly  classed  as  nar- 
row woollens,  per  cbang 0 0 7 

Camlets,  (Hutch,)  per  cbang 0 15 

Camlets,  per  cbang 0 0 7 

Imitation  camlets,  or  bornbazettes,  per  cbang 0 0 3J 

Woollen  yarn,  per  100  catties 3 0 0 

Blaidvets,  each 0 10 

All  other  fabrics  of  wool,  or  of  mixed  wool  and  cotton,  wool  and  silk, 

&c.,  5 per  cent,  ad  valorem. 

Class  12. — Wines,  dc. 

Wine  and  beer,  in  quart  bottles,  per  100 10  0 

Wine  and  beer,  in  pint  bottles,  per  100 0 5 0 

Wine  and  beer,  in  cask,  per  100  catties 0 5 0 

Class  13. — Metals. 

Copper,  foreign,  in  pigs,  &c.,  per  100  catties 10  0 

Copper,  wrought,  as  sheets,  rods,  &c..  per  100  catties 15  0 

Iron,  foreign,  unmanufactured,  as  in  pigs,  per  100  catties 0 10 

Iron,  manufactured,  as  in  bars,  rods,  &c..  per  100  catties 0 15 

Lead,  foreign,  in  pigs,  or  manufactured,  per  100  catties 0 2 8 

Steel,  foreign,  of  every  kind,  per  100  catties 0 4 0 

Tin.  foreign,  per  100  catties 10  0 

Tin  plates,  formerly  not  in  the  tariff,  per  100  catties 0 4 0 

Six'lter  is  only  permitted  to  be  sold  to  .government  merchants. 

All  unenumerated  metals,  as  zinc,  yellow  copper,  &c.,  10  per  cent,  ad 
valorem. 

Class  14. — Jewel  nj. 

Carnelians.  per  100  stones 0 5 0 

Carnelian  beads,  per  100  catties 10  0 0 


“ Taels,  mace  and  candareens. 


CHINA — 1844-1858. 


211 


Class  15. — Skins,  teeth,  horns,  <£-c. 


T.  M.  C. 

Bullocks’  and  buffalo  horns,  per  100  catties 2 0 0 

Cow  and  ox  hides,  tanned  and  untanned,  per  100  catties 0 5 0 

Sea-otter  skins,  each 15  0 

Fox-skins,  large,  each 0 15 

Fox-skins,  small,  each^ 0 0 7^ 

Tiger,  leopard  and  marten  skins,  each 0 15 

Land-otter,  raccoon  and  sharks’  skins,  per  100 2 0 0 

Beaver  skins,  per  100 5 0 0 

Hare,  rabbit,  and  ermine  skins,  per  100 0 5 0 

Sea-horse  teeth,  per  100  catties 2 0 0 

Elephants’  teeth,  first  quality,  whole,  per  100  catties 4 0 0 

Elephants'  teeth,  second  quality,  broken,  per  100  catties 2 0 0 


Class  16. — Unenumerated. 

All  new  goods  which  it  has  not  been  practicable  to  enumerate  herein,  a duty  of 
five  per  cent,  ad  valorem. 

Class  17. 

Rice  and  other  grains,  duty  free. 

Contrahand. — Opium. 

Shipping  dues. — These  have  been  hitherto  charged  on  the  measurement  of  the 
ship’s  length  and  breadth,  at  so  much  per  chang,  but  it  is  now  agreed  to  alter 
the  system  and  charge  according  to  the  registered  statement  of  the  number  of 
tons  of  the  ship’s  burden.  On  each  ton  (reckoned  equal  to  the  cubic  contents 
of  122  tows)  a shipping  charge  of  five  mace  is  to  be  levied;  and  all  the  old 
charges  of  measurement,  entrance  and  poi’t-clearance  fees,  daily  and  monthly 
fees,  &c.,  are  abolished. 

[seal.]  Cushing, 

[seal.]  Tsiyeng. 


1858.“ 


Treaty  of  Peace,  Amity',  and  Comyierce. 

Concluded  June  18, 1858;  ratification  advised  hy  the  Senate  December 
16, 1858;  ratified  hy  the  President  December  21,  1868;  ratifications 
exchanged  August  16,  1859;  'proclaimed  January  26,  1860. 


Articles. 


I.  Declaration  of  amity. 

II.  Deposit  of  treaty. 

III.  Promulgation.  . 

IV.  Diplomatic  privileges. 

V.  Visit  of  minister  to  Capital. 

VI.  Residence  of  minister  at  the 
Capital. 

VII.  Correspondence. 

IT  1 1.  Personal  interviews. 

IX.  Naval  vessels  in  Chinese  waters. 

X.  Consuls  authorized. 

XI.  United  States  citizens  in  China. 

XII.  Privileges  in  open  ports. 

XIII.  Shipwrecks;  pirates. 

XIV.  Open  ports;  clandestine  trade 

prohibited. 

XV.  Commerce  permitted ; tariff. 

XVI.  Tonnage  duties. 


XVH.  Pilots,  etc. 

XVIII.  Control  of  ships,  etc. 

XIX.  Ships’  papers,  etc. 

XX.  Customs  examinations. 

XXI.  Reexportation. 

XXII.  Payment  of  duties. 

XXIII.  Transshipment  of  goods. 

XXIV.  Collection  of  debts. 

XXV.  Chinese  teachers,  etc. 

XXVI.  Trade  with  China  in  case  of 
war. 

XXVII.  Rights  of  LTiited  States  citi- 
zens. 

XXVIII.  Communications  with  officers. 

XXIX.  Freedom  of  religion. 

XXX.  Most  favored  nation  privi- 
leges to  United  States  citi- 
zens ; ratification. 


“ See  note  as  to  all  treaties  with  China,  page  196. 


212 


TREATIES,  CONVENTIONS,  ETC. 


The  United  States  of  America  and  the  Ta  Tsing  Empire,  desiring 
to  maintain  firm,  lasting  and  sincere  friendshii),  have  resolved  to 
renew,  in  a manner  clear  and  positive,  by  means  of  a treaty  or  gen- 
eral convention  of  peace,  amity  and  commerce,  the  rules  which  shall 
in  future  be  mntually  observed  in  the  intercourse  of  their  respective 
countries;  for  which  most  desirable  object  the  President  of  the 
Ihiited  States  and  the  August  Sovereign  of  the  Ta  Tsing  Empire 
have  named  for  their  Plenipotentiaries,  to  wit : 

The  President  of  the  United  States  of  America,  lYilliam  B.  Reed, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  to  China ; and 
His  Majesty  the  Emperor  of  China,  Kweiliang,  a member  of  the 
Privy  Council  and  Superintendent  of  the  Board  of  Punishments: 
and  Hwashana,  President  of  the  Board  of  Civil  Office,  and  Major 
General  of  the  Bordered  Blue  Banner  Division  of  the  Chinese  Ban- 
nermen,  both  of  them  being  Imperial  Commissioners  and  Plenipo- 
tentiaries; 

And  the  said  Ministers,  in  virtue  of  the  respective  full  powers  they 
have  received  from  their  Governments,  ha^'^e  agreed  upon  the  follow- 
ing articles : 


Article  I. 


There  shall  be,  as  there  have  always  been,  peace  and  friendship 
between  the  United  States  of  America  and  the  Ta  Tsing  Empire, 
and  between  their  people,  respectively.  They  shall  not  insult  or 
oppress  each  other  for  any  trifling  cause,  so  as  to  produce  an  estrange- 
ment between  them;  and  if  any  other  nation  should  act  unjustly  or 
oppressively,  the  United  States  will  exert  their  good  offices,  on  being 
informed  of  the  case,  to  bring  about  an  amicable  arrangement  of  the 
question,  thus  showing  their  friendly  feelings. 

Article  II. 

In  order  to  perpetuate  friendship,  on  the  exchange  of  ratifications 
by  the  President,  with  the  advice  and  consent  of  the  Senate  of  the 
United  States,  and  by  His  Majesty  the  Emperor  of  China,  this  treaty 
shall  be  kept  and  sacredly  guarded  in  this  way,  viz : The  original 
treat3%  as  ratified  b}"  the  President  of  the  United  States,  shall  be 
deposited  at  Pekin,  the  capital  of  His  Majesty  the  Emperor  of  China, 
in  charge  of  the  Priv\’  Council;  and,  as  ratified  by  His  Majesty  the 
Emperor  of  China,  shall  be  deposited  at  M^ashington,  the  capital  of 
the  United  States,  in  charge  of  the  Secretary  of  State. 

Article  III. 

In  order  that  the  peojile  of  the  tivo  countries  ma\^  know  and  obey 
the  provisions  of  this  treatv,  the  United  States  of  America  agree,  im- 
mediately on  the  exchange  of  ratifications,  to  proclaim  the  same,  and 
to  publish  it  b\’  proclamation  in  the  gazettes  where  the  laws  of  the 
United  States  of  America  are  published  bv  authoriW;  and  His 
IMajestv  the  Emperior  of  China,  on  the  exchange  of  ratifications, 
agrees  immediatelv  to  direct  the  publication  of  the  same  at  the  capital 
and  b_v  the  governors  of  all  the  provinces. 


CHINA — 1858. 


213 


Article  IV. 

In  order  further  to  perpetuate  friendship,  the  Minister  or  Commis- 
sioner or  the  highest  diplomatic  representative  of  the  United  States 
of  America  in  China,  shall  at  all  times  have  the  right  to  correspond 
on  terms  of  perfect  equality  and  confidence  with  the  officers  of  the 
Privy  Council  at  the  capital,  or  with  the  Governors-General  of  the 
Two  Kwangs,  the  provinces  of  Fuhkien  and  Chehkiang  or  of  the 
Two  Kiangs;  and  whenever  he  desires  to  have  such  correspondence 
with  the  Privy  Council  at  the  capital  he  shall  have  the  right  to  send 
it  through  either  of  the  said  Governors-General  or  by  the  general 
post;  and  all  such  communications  shall  be  sent  under  seal,  which 
shall  be  most  carefully  respected.  The  Privy  Council  and  Gov- 
ernors-General, as  the  case  may  be,  shall  in  all  cases  consider  and 
acknowledge  such  communications  promptly  and  respectfully. 

Article  V. 

The  Minister  of  the  United  States  of  America  in  China,  whenever 
he  has  business,  shall  have  the  right  to  visit  and  sojourn  at  the  capi- 
tal of  His  Majesty  the  Emperor  of  China,  and  there  confer  with  a 
member  of  the  Privy  Council,  or  any  other  high  officer  of  equal  rank 
deputed  for  that  purpose,  on  matters  of  common  interest  and  ad- 
vantage. His  visits  shall  not  exceed  one  in  each  year,  and  he  shall 
complete  his  business  without  unnecessary  delay.  He  shall  be  al- 
lowed to  go  by  land  or  come  to  the  mouth  of  the  Peiho,  into  which  he 
shall  not  bring  ships  of  war,  and  he  shall  inform  the  authorities  at 
that  place  in  order  that  boats  may  be  provided  for  him  to  go  on  his 
journey.  He  is  not  to  take  advantage  of  this  stipulation  to  request 
visits  to  the  capital  on  trivial  occasions.  Whenever  he  means  to 
jiroceed  to  the  capital,  he  shall  communicate,  in  writing,  his  intention 
to  the  Board  of  Rites  at  the  capital,  and  thereupon  the  said  Board 
shall  give  the  necessary  directions  to  facilitate  his  journey  and  give 
him  necessary  protection  and  respect  on  his  way.  On  his  arrival  at 
the  capital  he  shall  be  furnished  with  a suitable  residence  prepared 
for  him,  and  he  shall  defray  his  own  expenses;  and  his  entire  suite 
shall  not  exceed  twenty  persons,  exclusive  of  his  Chinese  attendants, 
none  of  whom  shall  be  engaged  in  trade. 

Article  VI. 

If  at  any  time  His  Majesty  the  Emperor  of  China  shall,  by  treaty 
voluntarily  made,  or  for  any  other  reason,  permit  the  representative 
of  any  friendly  nation  to  reside  at  his  capital  for  a long  or  short 
time,  then,  without  any  further  consultation  or  express  permission, 
the  representative  of  the  United  States  in  China  shall  have  the  same 
privilege. 

Article  VII. 

The  superior  authorities  of  the  United  States  and  of  China,  in  cor- 
responding together,  shall  do  so  on  terms  of  equality  and  in  form  of 
mutual  communication,  {chau-hwui).  The  Consuls  and  the  local 
officers,  civil  and  military,  in  corresponding  together,  shall  likewise 
employ  the  style  and  form  of  mutual  communications,  {chau-hwui). 


214 


TREATIES,  CONVENTIONS,  ETC. 


ll’hen  inferior  officers  of  the  one  Government  address  superior  offi- 
cers of  the  other,  they  shall  do  so  in  the  style  and  form  of  memorial, 
{chin-chin).  Private  individuals,  in  addressing  superior  officers, 
shall  employ  the  style  of  petition,  {pin-ching) . In  no  case  shall  anj' 
terms  or  style  be  used  or  suffered  which  shall  be  offensive  or  disre- 
spectful to  either  party.  And  it  is  agreed  that  no  presents,  under 
any  pretext  or  form  whatever,  shall  ever  be  demandecl  of  the  United 
States  by  China,  or  of  China  by  the  United  States. 

xVrticle  VIII. 

In  all  future  personal  intercourse  between  the  representative  of  the 
United  States  of  America  and  the  Governors-General  or  Governors, 
the  interviews  shall  be  had  at  the  official  residence  of  the  said  officers, 
or  at  their  temporary  residence,  or  at  the  residence  of  the  rejiresenta- 
tive  of  the  P^nited  States  of  America,  Avhichever  may  be  agreed 
upon  between  them ; nor  shall  they  make  any  pretext  for  declining 
these  interviews.  Current  matters  shall  be  discussed  by  correspond- 
ence, so  as  not  to  give  the  trouble  of  a personal  meeting. 

Article  IX. 

Whenever  national  vessels  of  the  United  States  of  America,  in 
cruising  along  the  coast  and  among  the  ports  opened  for  trade  for 
the  protection  of  the  commerce  of  their  country  or  for  the  advance- 
ment of  science,  shall  arrive  at  or  near  any  of  the  ports  of  China, 
commanders  of  said  ships  and  the  superior  local  authorities  of  Gov- 
ernment shall,  if  it  be  necessary,  hold  intercourse  on  terms  of  equality 
and  courtesy,  in  token  of  the  friendly  relations  of  their  respective  na- 
tions; and  the  said  vessels  shall  enjoy  all  suitable  facilities  on  the 
part  of  the  Chinese  Government  in  procuring  provisions  or  other  sup- 
plies and  making  necessary  repairs.  And  the  United  States  of 
America  agree  that  in  case  of  the  shipwreck  of  any  American  vessel, 
and  its  being  pillaged  by  pirates,  or  in  case  any  American  vessel  shall 
be  pillaged  or  captured  by  pirates  on  the  seas  adjacent  to  the  coast, 
without  being  shipwrecked,  the  national  vessels  of  the  Pbiited  States 
shall  pursue  the  said  pirates,  and  if  captured  deliver  them  over  for 
trial  and  punishment. 

Article  X. 

The  United  States  of  America  shall  have  the  right  to  appoint  Con- 
suls and  other  Commercial  Agents  for  the  protection  of  trade,  to 
reside  at  such  places  in  the  dominions  of  China  as  shall  be  agreed  to 
be  opened ; who  shall  hold  official  intercourse  and  correspondence  with 
the  local  officers  of  the  Chinese  Government,  (a  Consul  or  a Vice- 
Consul  in  charge  taking  rank  with  an  Intendant  of  circuit  or  a Pre- 
fect.) either  personally  or  in  writing,  as  occasions  may  require,  on 
terms  of  equality  and  reciprocal  I’espect.  And  the  Consuls  and  local 
officers  shall  employ  the  style  of  mutual  communication.  If  the  offi- 
cers of  either  nation  are  disrespectfully  treated  or  aggrieved  in  any 
way  by  the  other  authorities,  they  have  the  right  to  make  representa- 
tion of  the  same  to  the  superior  officers  of  the  respective  Governments, 
who  shall  see  that  full  inquiry  and  strict  justice  shall  be  had  in  the 


CHINA 1858. 


215 


premises.  And  the  said  Consuls  and  Agents  shall  carefully  avoid  all 
acts  of  offence  to  the  officers  and  people  of  China.  On  the  arrival 
of  a Consul  duly  accredited  at  any  port  in  China,  it  shall  be  the  duty 
of  the  Minister  of  the  United  States  to  notify  the  same  to  the  Gov- 
ernor-General of  the  province  where  such  port  is,  who  shall  forthwith 
recognize  the  said  Consul  and  grant  him  authority  to  act. 

Article  XI. 

All  citizens  of  the  United  States  of  America  in  China,  peaceably 
attending  to  their  affairs,  being  placed  on  a common  footing  of  amity 
and  good  will  with  the  subjects  of  China,  shall  receive  and  enjoy  for 
themselves  and  everything  appertaining  to  them,  the  protection  of 
the  local  authorities  of  Government,  who  shall  defend  them  from  all 
insult  or  injury  of  any  sort.  If  their  dwellings  or  property  be 
threatened  or  attacked  by  mobs,  incendiaries,  or  other  violent  or 
lawless  persons,  the  local  officers,  on  requisition  of  the  Consul,  shall 
immediately  despatch  a military  force  to  disperse  the  rioters,  appre- 
hend the  guilty  individuals,  and  punish  them  with  the  utmost  rigor 
of  the  law.  Subjects  of  China  guilty  of  any  criminal  act  toward 
citizens  of  the  United  States  shall  be  punished  by  the  Chinese  au- 
thorities according  to  the  laws  of  China ; and  citizens  of  the  United 
States,  either  on  shore  or  in  any  merchant  vessel,  who  may  insult, 
trouble  or  wound  the  persons  or  injure  the  property  of  Chinese,  or 
commit  any  other  improper  act  in  China,  shall  be  punished  only  by 
the  Consul  or  other  public  functionary  thereto  authorized,  according 
to  the  laws  of  the  United  States.  Arrests  in  order  to  trial  may  be 
made  by  either  the  Chinese  or  the  United  States  authorities. 

Article  XII. 

Citizens  of  the  United  States,  residing  or  sojourning  at  any  of  the 
ports  open  to  foreign  commerce,  shall  be  iiermitted  to  rent  houses 
and  places  of  business,  or  hire  sites  on  which  they  can  themselves 
build  houses  or  hospitals,  churches  and  cemeteries.  The  parties  in- 
terested can  fix  the  rent  by  mutual  and  equitable  agreement;  the 
proprietors  shall  not  demand  an  exorbitant  price,  nor  shall  the  local 
authorities  interfere,  unless  there  be  some  objections  offered  on  the 
part  of  the  inhabitants  respecting  the  place.  The  legal  fees  to  the 
officers  for  apphdng  their  seal  shall  be  paid.  The  citizens  of  the 
United  States  shall  not  unreasonably  insist  on  particular  spots,  but 
each  party  shall  conduct  with  justice  and  moderation.  Any  desecra- 
tion of  the  cemeteries  by  natives  of  China  shall  be  severely  punished 
according  to  law.  At  the  places  where  the  ships  of  the  United  States 
anchor,  or  their  citizens  reside,  the  merchants,  seamen  or  others,  can 
freely  pass  and  repass  in  the  immediate  neighborhood;  but,  in  order 
to  the  preservation  of  the  public  peace,  they  shall  not  go  into  the 
country  to  the  villages  and  marts  to  sell  their  goods  unlawfully,  in 
fraud  of  the  revenue. 

Article  XIII. 

If  any  vessel  of  the  United  States  be  wrecked  or  stranded  on  the 
coast  of  China,  and  be  subjected  to  plunder  or  other  damage,  the 
proper  officers  of  Government  on  reciving  information  of  the  fact. 


216 


TREATIES,  CONVENTIONS,  ETC. 


shall  immediately  adop  measures  for  its  relief  and  seurity;  the  per- 
sons on  board  shall  receive  friendly  treatment,  and  be  enabled  to  repair 
at  once  to  the  nearest  port,  and  shall  enjoy  all  facilities  for  obtaining 
supplies  of  provisions  and  water.  If  the  merchant  vessels  of  the 
United  States,  while  within  the  waters  over  which  the  Chinese  Gov- 
ernment exercises  jurisdiction,  be  plundered  by  robbers  or  pirates,  then 
the  Chinese  local  authorities,  civil  and  military,  on  receiving  informa- 
tion thereof,  shall  arrest  the  said  robbers  or  pirates,  and  punish  them 
according  to  law,  and  shall  cause  all  the  property  which  can  be  re- 
covered to  be  restored  to  the  owners  or  placed  in  the  hands  of  the  con- 
sul. If,  by  reason  of  the  extent  of  teridtory  and  numerous  popula- 
tion of  China,  it  shall  in  any  case  happen  that  the  robbers  cannot  be 
apprehended,  and  the  property  only  in  part  recovered,  the  Chinese 
Government  shall  not  make  indemnity  for  the  goods  lost;  but  if  it 
shall  be  jiroved  that  the  local  authorities  have  been  in  collusion  with 
the  robbers,  the  same  shall  be  communicated  to  the  superior  author- 
ities for  memorializing  the  throne,  and  these  officers  shall  be  severely 
punished,  and  their  property  be  confiscated  to  repay  the  losses. 

Article  XIY. 

The  citizens  of  the  United  States  are  permitted  to  frequent  the 
ports  and  cities  of  Canton  and  Chau-chau  or  Swatau,  in  the  province 
of  Kwang-tung,  xVmoy,  Fuh-chau,  and  Tai-wan,  in  Formosa,  in  the 
province  of  Fuh-kien,  Ningpo,  in  the  province  of  Cheh-kiang,  and 
Shanghai,  in  the  province  of  Kiang-su,  and  any  other  port  or  place 
hereafter  by  treaty  with  other  powers  or  with  the  United  States 
opened  to  commerce,  and  to  reside  with  their  families  and  trade  there, 
and  to  proceed  at  pleasure  with  their  vessels  and  merchandise  from 
any  of  these  ports  to  any  other  of  them.  But  said  vessels  shall  not 
carry  on  a clandestine  and  fraudulent  trade  at  other  ports  of  China  not 
declared  to  be  legal,  or  along  the  coasts  thereof;  and  any  vessel  under 
the  American  flag  violating  this  provision,  shall,  with  her  cargo,  be 
subject  to  confiscation  to  the  Chinese  Government;  and  any  citizen  of 
the  United  States  who  shall  trade  in  any  contraband  article  of  mer- 
chandise shall  be  subject  to  be  dealt  with  by  the  Chinese  Government, 
without  being  entitled  to  any  countenance  or  protection  from  that  of 
the  United  States;  and  the  Ignited  States  will  take  measures  to  pre- 
vent their  flag  from  being  abused  by  the  subjects  of  other  nations  as 
a cover  for  the  violation  of  the  laws  of  the  empire. 

Article  XV. 

At  each  of  the  ports  open  to  commerce  citizens  of  the  United  States 
shall  be  permitted  to  import  from  abroad,  and  sell,  jiurcbase  and 
export  all  merchandise  of  which  the  importation  or  exportation  is 
not  prohibited  by  the  laws  of  the  empire.  The  tariff  of  duties  to  be 
paid  by  citizens  of  tbe  United  States,  on  the  export  and  import  of 
goods  from  and  into  China,  shall  be  the  same  as  was  agreed  upon  at 
the  treaty  of  IVanghia,  excejit  so  far  as  it  may  be  modified  by  treaties 
with  other  nations;  it  being  expressly  agreed  that  citizens  of  the 
United  States  shall  never  pay  higher  duties  than  those  paid  by  the 
most  favoretl  nation. 


CHINA — 1858. 


217 


Article  XVI. 

Tonnage  duties  shall  be  paid  on  every  merchant  vessel  belonging  to 
the  United  States  entering  either  of  the  open  ports,  at  the  rate  of 
four  mace  per  ton  of  forty  cubic  feet,  if  she  be  over  one  hundred  and 
fifty  tons  burden,  and  one  mace  per  ton  of  forty  cubic  feet,  if  she  be  of 
the  burden  of  one  hundred  and  fifty  tons  or  under,  according  to  the 
tonnage  specified  in  the  register,  which,  with  her  other  papers,  shall, 
on  her  arrival,  be  lodged  with  the  Consul,  who  shall  report  the  same 
to  the  commissioner  of  customs.  And  if  any  vessel,  having  paid 
tonnage  duty  at  one  port,  shall  go  to  any  other  port  to  complete  the 
disposal  of  her  cargo,  or,  being  in  ballast,  to  purchase  an  entire  or  fill 
up  an  incomplete  cargo,  the  Consul  shall  report  the  same  to  the  com- 
missioner of  customs,  who  shall  note  on  the  port  clearance  that  the 
tonnage  duties  have  been  paid,  and  report  the  circumstances  to  the 
collectors  at  the  other  custom-houses;  in  which  case,  the  said  vessel 
shall  only  pay  duty  on  her  cargo,  and  not  be  charged  with  tonnage 
duty  a second  time.  The  collectors  of  customs  at  the  open  ports  shall 
consult  with  the  Consuls  about  the  erection  of  beacons  or  light-houses, 
and  where  buoys  and  light-ships  should  be  placed. 

Article  XVII. 

Citizens  of  the  United  States  shall  be  allowed  to  engage  pilots  to 
take  their  vessels  into  port,  and,  when  the  lawful  duties  have  all  been 
paid,  take  them  out  of  port.  It  shall  be  lawful  for  them  to  hire  at 
pleasure  servants,  compradores,  linguists,  writers,  laborers,  seamen 
and  persons  for  whatever  necessary  service,  with  passage  or  cargo 
boats,  for  a reasonable  compensation,  to  be  agreed  upon  by  the  parties 
or  determined  by  the  consul. 

Article  XVIII. 

Whenever  merchant  vessels  of  the  United  States  shall  enter  a port, 
the  collector  of  customs  shall,  if  he  see  fit,  appoint  custom-house 
officers  to  guard  said  vessels,  who  may  live  on  board  the  ship  or  their 
own  boats,  at  their  convenience.  The  local  authorities  of  the  Chinese 
Government  shall  cause  to  be  apprehended  all  mutineers  or  deserters 
from  on  board  the  vessels  of  the  United  States  in  China  on  being 
informed  by  the  Consul,  and  will  deliver  them  up  to  the  Consuls  or 
other  officer  for  punishment.  And  if  criminals,  subjects  of  China, 
take  refuge  in  the  houses  or  on  board  the  vessels  of  citizens  of  the 
United  States,  they  shall  not  be  harbored  or  concealed,  but  shall  be 
delivered  up  to  justice  on  due  requisition  by  the  Chinese  local  officers, 
addressed  to  those  of  the  United  States.  The  merchants,  seamen 
and  other  citizens  of  the  United  States  shall  be  under  the  superin- 
tendence of  the  appropriate  officers  of  their  Government.  If  indi- 
viduals of  either  nation  commit  acts  of  violence  or  disorder,  use  arms 
to  the  injury  of  others,  or  create  disturbances  endangering  life,  the 
officers  of  the  two  Governments  will  exert  themselves  to  enforce  order 
and  to  maintain  the  public  peace,  by  doing  impartial  justice  in  the 
premises. 


218 


TREATIES,  CONVENTIONS,  ETC. 


Article  XIX.® 

'Wlienever  a merchant  vessel  belonging  to  the  United  States  shall 
cast  anchor  in  either  of  the  said  ports,  the  supercargo,  master,  or 
consignee,  shall,  within  forty-eight  hours,  deposit  the  ship’s  papers 
in  the  hands  of  the  Consul  or  person  charged  with  his  functions,  who 
shall  cause  to  be  communicated  to  the  superintendent  of  customs  a 
true  reiiort  of  the  name  and  tonnage  of  such  vessel,  the  number  of  her 
crew,  and  the  nature  of  her  cargo ; which  being  done,  he  shall  give  a 
permit  for  her  discharge.  And  the  master,  supercargo  or  consignee, 
if  he  proceed  to  discharge  the  cargo  without  such  permit,  shall  incur 
a fine  of  five  hundred  dollars,  and  the  goods  so  discharged  without 
jiermit  shall  be  subject  to  forfeiture  to  the  Chinese  Government. 
But  if  a master  of  any  vessel  in  jiort  desire  to  discharge  a part  only  of 
the  cargo,  it  shall  be  lawful  for  him  to  do  so,  paying  duty  on  such  part 
only,  and  to  proceed  with  the  remainder  to  any  other  ports.  Or,  if 
the  master  so  desire,  he  may,  within  forty-eight  hours  after  the 
arrival  of  the  vessel,  but  not  later,  decide  to  depart  without  breaking 
bulk;  in  which  case  he  shall  not  lie  subject  to  pay  tonnage  or  other 
duties  or  charges  until  on  his  arrival  at  another  port,  he  shall  proceed 
to  discharge  cargo,  when  he  shall  pay  the  duties  on  vessel  and  cargo, 
according  to  law.  And  the  tonnage  duties  shall  be  held  due  after 
the  expiration  of  the  said  forty-eight  hours.  In  case  of  the  absence 
of  the  Consul  or  person  charged  with  his  functions,  the  captain  or 
supercargo  of  the  vessel  may  have  recourse  to  the  Consul  of  a friendly 
power,  or,  if  he  please,  directly  to  the  Superintendent  of  Customs, 
who  shall  do  all  that  is  required  to  conduct  the  ship’s  business. 

Article  XX. 

The  Superintendent  of  Customs,  in  order  to  the  collection  of  the 
projier  duties,  shall,  on  application  made  to  him  through  the  Consul, 
appoint  suitable  officers,  who  shall  proceed,  in  the  presence  of  the 
captain,  supercargo  or  consignee,  to  make  a just  and  fair  examination 
of  all  goods  in  the  act  of  being  discharged  for  importation  or  laden 
for  exportation  on  board  any  merchant  vessel  of  the  United  States. 
And  if  disputes  occur  in  regard  to  the  value  of  goods  subject  to  ad 
valorem  duty,  or  in  regard  to  the  amount  of  tare,  and  the  same  cannot 
be  satisfactorily  arranged  by  the  parties,  the  question  may,  within 
twenty-four  hours,  and  not  afterwards,  be  referred  to  the  said  Consul 
to  adjust  with  the  Superintendent  of  Customs. 

Article  XXI.® 

Citizens  of  the  United  States  who  may  have  imported  merchandise 
into  any  of  the  free  ports  of  China,  and  paid  the  duty  thereon,  if  tliey 
desire  to  re-export  the  same  in  part  or  in  whole  to  any  other  of  the 
said  ports,  shall  lie  entitled  to  make  application,  through  their  Con- 
sul, to  the  Superintendent  of  Customs,  who,  in  order  to  prevent  fraud 
on  the  revenue,  shall  cause  examinations  to  be  made,  by  suitable 
officers,  to  see  that  the  duties  paid  on  such  goods  as  are  entered  on  the 
custom-house  books  correspond  with  the  representation  made,  and 
that  the  goods  remain  with  their  original  marks  unchanged,  and  shall 
then  make  a memorandum  in  the  port  clearance  of  the  goods  and  the 


“ See  note,  page  221. 


CHINA 1858. 


219 


amount  of  duties  paid  on  the  same,  and  deliver  the  same  to  the  mer- 
chant, and  shall  also  certify  the  facts  to  the  officers  of  customs  of  the 
other  ports ; all  which  being  done  on  the  arrival  in  port  of  the  vessel 
in  which  the  goods  are  laden,  and  everything  being  found,  on  exami- 
nation there,  to  correspond,  she  shall  be  permitted  to  break  bulk  and 
land  the  said  goods  without  being  subject  to  the  payment  of  any  ad- 
ditional duty  thereon.  But  if,  on  such  examination,  the  superin- 
tendent of  customs  shall  detect  any  fraud  on  the  revenue  in  the  case, 
then  the  goods  shall  be  subject  to  forfeiture  and  confiscation  to  the 
Chinese  Government.  Foreign  grain  or  rice  brought  into  any  jiort  of 
China  in  a ship  of  the  United  States,  and  not  landed,  may  be  re- 
exported without  hindrance. 

Article  XXII. 

The  tonnage  duty  on  vessels  of  the  United  States  shall  be  paid  on 
their  being  admitted  to  entry.  Duties  of  imports  shall  be  paid  on 
the  discharge  of  the  goods,  and  duties  of  export  on  the  lading  of  the 
same.  Illien  all  such  duties  shall  have  been  paid,  and  not  before, 
the  collector  of  customs  shall  give  a port  clearance,  and  the  consul 
shall  return  the  ship’s  papers.  The  duties  shall  be  paid  to  the  Shroffs 
authorized  by  the  Chinese  Government  to  receive  the  same.  Duties 
shall  be  paid  and  received,  either  in  sycee  silver  or  in  foreign  money, 
at  the  rate  of  the  day.  If  the  Consul  permits  a ship  to  leave  the  port 
before  the  duties  and  tonnage  dues  are  paid  he  shall  be  held  respon- 
sible therefor. 

Article  XXIII. 

IVhen  goods  on  board  any  merchant  vessel  of  the  United  States  in 
port  require  to  be  transshipped  to  another  vessel,  application  shall  be 
made  to  the  Consul,  who  shall  certify  what  is  the  occasion  therefor 
to  the  Superintendent  of  Customs,  who  may  appoint  officers  to  ex- 
amine into  the  facts  and  permit  the  transshipment.  And  if  any 
goods  be  transshipped  without  written  permits  they  shall  be  subject 
to  be  forfeited  to  the  Chinese  Government. 

Article  XXIV. 

"Where  there  are  debts  due  by  subjects  of  China  to  citizens  of  the 
United  States,  the  latter  may  seek  redress  in  law;  and,  on  suitable 
representations  being  made  to  the  local  authorities,  through  the  Con- 
sul, they  will  cause  due  examination  in  the  premises,  and  take  proper 
steps  to  compel  satisfaction.  And  if  citizens  of  the  United  States  be 
indebted  to  subjects  of  China,  the  latter  may  seek  redress  by  repre- 
sentation through  the  Consul,  or  by  suit  in  the  consular  court;  but 
neither  Government  will  hold  itself  responsible  for  such  debts. 

Article  XXV. 

It  shall  be  lawful  for  the  officers  or  citizens  of  the  United  States  to 
employ  scholars  and  people  of  any  part  of  China,  without  distinction 
of  persons,  to  teach  any  of  the  languages  of  the  empire,  and  to  assist 
in  literary  labors;  and  the  persons  so  employed  shall  not  for  that 
cause  be  subject  to  any  injury  on  the  part  either  of  the  Government 
or  of  individuals;  and  it  shall  in  like  manner  be  lawful  for  citizens  of 
the  United  States  to  purchase  all  manner  of  books  in  China. 


220 


TREATIES,  CONVEKTIONS,  ETC. 


Article  XXVI. 

Relations  of  peace  and  amity  between  the  United  States  and  China 
being  established  by  this  treaty,  and  the  vessels  of  the  United  States 
being  admitted  to  trade  freely  to  and  from  the  ports  of  China  open 
to  foreign  commerce,  it  is  further  agreed  that,  in  case  at  any  time 
hereafter  China  should  be  at  war  with  any  foreign  nation  whatever, 
and  should  for  that  cause  exclude  such  nation  from  entering  her 
ports,  still  the  vessels  of  the  United  States  shall  not  the  less  continue 
to  pursue  their  commerce  in  freedom  and  security,  and  to  transport 
goods  to  and  from  the  ports  of  the  belligerent  powers,  full  respect  be- 
ing paid  to  the  neutrality  of  the  flag  of  the  United  States,  provided 
that  the  said  flag  shall  not  protect  vessels  engaged  in  the  transporta- 
tion of  officers  or  soldiers  in  the  enemy’s  service,  nor  shall  said  flag 
be  fraudulently  used  to  enable  the  enemy’s  ships,  with  their  cargoes, 
to  enter  the  ports  of  China ; but  all  such  vessels  so  offending  shall 
be  subject  to  forfeiture  and  confiscation  to  the  Chinese  Government. 

Article  XXVII. 

All  questions  in  regard  to  rights,  whether  of  property  or  person, 
arising  between  citizens  of  the  United  States  in  China  shall  be  sub- 
ject to  the  jurisdiction  and  regulated  by  the  authorities  of  their  own 
Government ; and  all  controversies  occurring  in  China  between  citi- 
zens of  the  United  States  and  the  subjects  of  any  other  Government 
shall  be  regulated  by  the  treaties  existing  between  the  United  States 
and  such  Governments,  respectively,  without  interference  on  the  part 
of  China. 


Article  XXVIII. 

If  citizens  of  the  United  States  have  special  occasion  to  address 
any  communication  to  the  Chinese  local  officers  of  Government,  they 
shall  submit  the  same  to  their  Consul  or  other  officer,  to  determine 
if  the  language  be  proper  and  respectful,  and  the  matter  just  and 
right,  in  which  event  he  shall  transmit  the  same  to  the  appropriate 
authorities  for  their  consideration  and  action  in  the  premises.  If  sub- 
jects of  China  have  occasion  to  address  the  Consul  of  the  United 
States,  they  may  address  him  directly  at  the  same  time  they  inform 
their  own  officers,  representing  the  case  for  his  consideration  and 
action  in  the  premises;  and  if  controrersies  arise  between  citizens  of 
the  United  States  and  subjects  of  China,  which  cannot  be  amicably 
settled  otherwise,  the  same  shall  be  examined  and  decided  conform- 
abl}^  to  justice  and  equity  by  the  public  officers  of  the  two  nations, 
acting  in  conjunction.  The  extortion  of  illegal  fees  is  expressly  pro- 
hibited. Any  peaceable  persons  are  allowed  to  enter  the  court  in 
order  to  interpret,  lest  injustice  be  done. 

Article  XXIX. 

Tlie  principles  of  the  Christian  religion,  as  professed  by  the  Prot- 
estant and  Roman  Catholic  churches,  are  recognized  as  teaching  men 
to  do  good,  and  to  do  to  others  as  they  would  have  others  do  to  them. 
Hereafter  those  who  quietly  j^rofess  and  teach  these  doctrines  shall 


CHINA — 1858. 


221 


not  be  harassed  or  persecuted  on  account  of  their  faith.  Any  person, 
whether  citizen  of  the  United  States  or  Chinese  convert,  who,  accord- 
ing to  these  tenets,  peaceably  teach  and  practice  the  principles  of 
Christianity,  shall  in  no  case  be  interfered  with  or  molested. 

Article  XXX. 

The  contracting  parties  hereby  agree  that  should  at  any  time  the 
Ta  Tsing  Empire  grant  to  any  nation,  or  the  merchants  or  citizens 
of  any  nation,  any  right,  privilege  or  favor,  connected  either  with 
navigation,  commerce,  political  or  other  intercourse,  which  is  not 
conferred  by  this  treaty,  such  right,  privilege  and  favor  shall  at  once 
freely  inure  to  the  benefit  of  the  United  States,  its  public  officers, 
merchants  and  citizens. 

The  present  treaty  of  peace,  amity  and  commerce  shall  be  ratified 
by  the  President  of  the  United  States,  by  and  with  the  advice  and 
consent  of  the  Senate,  within  one  year,  or  sooner,  if  possible,  and  by 
the  August  Sovereign  of  the  Ta  Tsing  Empire  forthwith;  and  the 
ratifications  shall  be  exchanged  within  one  year  from  the  date  of  the 
signatures  thereof. 

In  faith  whereof,  we,  the  res^Dective  Plenipotentiaries  of  the  United 
the  August  Sovereign  of  the  Ta  Tsing  Empire  forthwith;  and  the 
signed  and  sealed  these  presents. 

Done  at  Tien-tsin  this  eighteenth  day  of  June,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fifty-eight,  and  the  independ- 
ence of  the  United  States  of  America  the  eighty-second,  and  in  the 
eighth  year  of  Hienfung,  fifth  month,  and  eighth  day. 

[seal.]  William  B.  Reed. 

[seal.]  Kweiliang. 

[seal.]  Hwashana. 

Note  to  Article  XIX.- — On  the  17th  July,  1867,  it  had  been  agreed  between 

the  Chinese  Government  and  INIr.  Burlingame,  United  States  Minister  at  Pekin, 

that,  subject  to  ratification  by  the  Government  of  the  United  States.  Article 
XIX  should  be  modified  as  hereinafter  stated.  The  proposed  modification  hav- 
ing been  submitted  to  the  Senate,  that  body,  by  its  resolution  of  January  20, 
1868,  did  “ advise  and  consent  to  the  modification  of  the  treaty  between  the 
United  States  and  China,  concluded  at  Tien-tsin,  on  the  eighteenth  of  June, 
1858,  so  that  the  nineteenth  article  shall  be  understood  to  include  hulks  and 
storeships  of  every  kind  under  the  term  merchant  vessels;  and  so  that  it  shall 
provide  that  if  the  supercargo,  master  or  consignee  shall  neglect,  within  forty- 
eight  hours  after  a vessel  casts  anchor  in  either  of  the  ports  named  in  the 
treaty,  to  deposit  the  ship’s  papers  in  the  hands  of  the  Consul,  or  person  charged 
with  his  functions,  w’ho  shall  then  comply  with  the  requisitions  of  the  nineteenth 
article  of  the  treaty  in  question,  he  shall  be  liable  to  a fine  of  fifty  taels  for 
each  day’s  delay.  The  total  amount  of  penalty,  however,  shall  not  exceed  two 
hundred  taels.” 

Note  to  Aticle  XXI. — On  the  7th  of  April,  186.3,  it  was  agreed  between  Mr. 
Burlingame,  United  States  Minister  at  Pekin,  and  the  Government  of  China, 
that,  subject  to  the  ratification  of  the  Government  of  the  United  States,  the 
twenty-first  article  of  the  treaty  of  June  18,  1858,  “ shall  be  so  modified  as  to 
permit  duties  to  be  paid  when  goods  are  re-exported  from  any  one  of  the  free 
ports  of  China,  at  the  port  into  which  they  are  finally  imported ; and  that  draw- 
backs shall  be  substituted  for  exemption  certificates  at  all  the  ports,  which 
drawbacks  shall  be  regarded  as  negotiable  and  transferable  articles,  and  be 
accepted  by  the  custom-house  from  whatsoever  merchant  who  may  tender  them, 
either  for  import  or  export  duty  to  be  paid  by  him.” 

The  Senate  advised  and  consented  to  this  modification  by  resolution  of  Feb- 
ruary 4,  1864;  and  it  was  accepted,  ratified,  and  confirmed  by  the  President 
February  22,  1864. 


222 


TEEATIES,  CONVENTIONS,  ETC. 


1858. 

Treaty  Establishing  Trade  Regulations  and  Tariff. 

Concluded  Xovemher  8,  1858;  ratification  advised  hy  the  Senate 
March  i,  1850;  ratified  lay  the  President  March  3,  1859;  ratifica- 
tions exchanged  August  15,  1859. 

Article. 

I.  Tariff  and  trade  regulations. 

IMiereas  a treaty  of  peace,  amity  and  commerce  between  the  Ta 
Tsing  Empire  and  the  United  States  of  America  was  concluded  at 
Tien-tsin,  and  signed  at  the  Temple  of  Hai-Kwang  on  the  eighteenth 
day  of  June,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
fifty-eight,  corresponding  with  the  eighth  day  of  the  fifth  moon  of  the 
eighth  year  of  Hienfung;  which  said  treaty  was  duly  ratified  by  His 
]\Iajesty  the  Emperor  of  China  on  the  third  day  of  July  following, 
and  which  has  been  now  transmitted  for  ratification  by  the  President 
of  the  United  States,  with  the  advice  and  consent  of  the  Senate ; and 
whereas  in  the  said  treaty  it  was  provided,  among  other  things,  that 
the  tariff  of  duties  to  be  paid  by  citizens  of  the  United  States  on  the 
export  and  import  of  goods  from  and  into  China  shall  be  the  same  as 
was  agreed  upon  at  the  treaty  of  Wang-hia,  except  so  far  as  it  may 
be  modified  by  treaties  with  other  nations,  it  being  expressly  agi’eed 
that  citizens  of  the  United  States  shall  never  pay  higher  duties  than 
those  paid  by  the  most  favored  nations;  and  whereas  since  the  signa- 
ture of  the  said  treaty  material  modifications  of  the  said  tariff  and 
other  mattei'S  of  detail  connected  with  and  having  relation  to  the  said 
treaty  have  been  made  under  mutual  discussions  by  commissioners 
appointed  to  that  end  by  the  Plenipotentaries  of  China,  Great  Brit- 
ain and  France,  to  which  the  assent  of  the  United  States  of  America 
is  desired  and  now  freely  given,  it  has  been  determined  to  record  such 
assent  and  agreement  in  the  form  of  a supplementary  treaty,  to  be  as 
binding  and  of  the  same  efficac^y  as  though  they  had  been  inserted  in 
the  original  treaty. 


Article  I. 

The  tariff  and  regulations  of  trade  and  transit  hereunto  attached, 
bearing  the  seals  of  the  respective  Plenipotentiaries  of  the  L^nited 
States  and  the  Ta  Tsing  Empire,  shall  henceforward  and  until  duly 
altered  under  the  provisions  of  treaties  be  in  force  at  the  ports  and 
jilaces  open  to  commerce. 

In  faith  Avhereof  the  respectiAT  Plenipotentiaries  of  the  United 
States  of  America  and  of  the  Ta  Tsing  Empire,  to  wit,  on  the  part 
of  the  United  States,  William  B.  Reed,  EiiAmy  Extraordinary  and 
Minister  Plenipotentiary;  and  on  the  part  of  the  Ta  Tsing  Empire 
IvAA’eiliang,  a member  of  the  Piuaw  Council,  Captain  General  of  the 
Plain  White  Banner  Division  of  the  Manchu  Bannermen,  and  Super- 
intendent of  the  Board  of  Punishments;  and  Hwashana,  Classical 
Reader  at  Banquets,  President  of  the  Board  of  Civil  Office,  Captain 
General  of  the  Bordered  Blue  Banner  Division  of  the  Chinese  Ban- 


CHIIfA — 1858. 


223 


nermen,  both  of  them  Plenipotentiaries;  with  Ho  Kwei-tsing,  Gov- 
ernor General  of  the  two  Kiang  provinces,  President  of  the  Board  of 
War,  and  Guardian  of  the  Heir-Apparent;  Mingshen,  President  of  the 
Ordnance  OtRce  of  the  Imperial  Household,  with  the  Insignia  of  the 
Second  Grade;  and  Twan,  a titular  President  of  the  Fifth  Grade, 
member  of  the  Establishment  of  the  General  Council,  and  one  of  the 
junior  under  secretaries  of  the  Board  of  Punishments,  all  of  them 
special  Imperial  Commissioners  deputed  for  the  purpose,  have  signed 
and  sealed  these  present. 

Done  at  Shanghai  this  eighth  day  of  November,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fifty-eight,  and  the  Independ- 
ence of  the  United  States  of  America  the  eighty-third,  and  in  the 
eighth  year  of  Hienfung,  the  tenth  month  and  third  day. 

[seal.]  William  B.  Reed. 

Kweiliang. 


[seal.] 


Hwashana. 

Ho  Kwei-Tsing. 

Mingshen. 

Twan. 


tariff  on  imports. 

T.  M.  C.  C. 

Agar-agar,  per  100  catties 0 15  0 

Asafoetida,  per  100  catties 0 6 5 0 

Beeswax,  yellow,  per  100  cattles : 10  0 0 

Betel-nut,  per  100  catties 0 15  0 

Betel-nut,  husk,  per  100  catties 0 0 7 5 

Bicho  de  Mar,  black,  per  100  catties 15  0 0 

Bicho  de  Mar,  white,  per  100  catties 0 3 5 0 

Birds-nests,  1st  quality,  per  catty 0 5 5 0 

Birds-nests,  2nd  quality,  per  catty 0 4 5 0 

Birds-nests,  3rd  quality,  or  uncleaned,  per  catty 0 15  0 

Buttons,  brass,  per  gross 0 0 5 5 

Camphor,  baroos,  clean,  per  catty 13  0 0 

Camphor,  baroos,  refuse,  per  catty 0 7 2 0 

Canvas  and  cotton-duck,  not  exceeding  50  yards  long,  per  piece 0 4 0 0 

Cardamoms,  superior,  per  100  catties 10  0 0 

Cardamoms,  inferior,  or  grains-of-paradise,  per  100  catties 0 5 0 0 

Cinnamon,  per  100  catties 15  0 0 

Clocks,  five  per  cent  ad  valorem. 

Cloves,  per  100  catties 0 5 0 0 

Cloves,  mother,  per  100  catties 0 18  0 

Coal,  foreign,  per  ton 0 0 5 0 

Cochineal,  per  100  catties 5 0 0 0 

Coral,  per  catty 0 10  0 

Cordage,  Manila,  per  100  catties 0 3 5 0 

Carnelians,  per  100  stones 0 3 0 0 

Carnelians,  beads,  per  100  catties 7 0 0 0 

Cotton,  raw,  per  100  catties 0 3 5 0 

Cotton  piece  goods,  gray,  white,  plain  and  twilled,  exceeding  34 

inches  wide,  and  not  exceeding  40  yards  long,  per  piece 0 0 8 0 

Cotton  piece  goods,  exceeding  34  inches  wide,  and  exceeding  40 

yards  long,  per  every  10  yards 0 0 2 0 

Cotton  piece  goods,  drills  and  jeans,  not  exceeding  30  inches  wide, 

and  not  exceeding  40  yards  long,  per  piece 0 10  0 

Cotton  piece  goods,  drills  and  jeans,  not  exceeding  30  inches  wide, 

and  not  exceeding  30  yards  long,  per  piece 0 0 7 5 

Cotton  piece  goods,  T cloths,  not  exceeding  34  inches  wide,  and  not 

exceeding  48  yards  long,  per  piece 0 0 8 0 


224 


TEEATIES,  CONVEKTIONS,  ETC. 


T.  M.  C.  C. 

Cotton  piece  goods,  T cloths,  not  exceeding  34  inches  wide,  and  not 

exceeding  24  yards  long,  per  piece 0 0 4 0 

Cotton,  dyed,  figured  and  plain,  not  exceeding  36  inches  wide,  and 

not  exceeding  40  yards  long,  per  piece 0 15  0 

Cotton,  fancy,  white  brocade  and  white  spotted  shirtings,  not  ex- 
ceeding 36  inches  wide,  and  not  exceeding  40  yards  long,  per 

piece 0 10  0 

Cotton,  printed  chintzes  and  furnitures,  not  exceeding  31  inches 

wide,  and  not  exceeding  ,30  yards  long,  per  piece 0 0 7 0 

Cotton-cambrics,  not  exceeding  46  inches  wide,  and  not  exceeding 

24  yards  long,  per  piece 0 0 7 0 

Cotton-cambrics,  not  exceeding  46  inches  wide,  and  not  exceeding 

12  yards  long,  per  piece 0 0 3 5 

Cotton-muslins,  not  exceeding  46  inches  wide,  and  not  exceeding 

24  yards  long,  per  piece 0 0 7 5 

Cotton-muslins,  not  exceeding  46  inches  wide,  and  not  exceeding  12 

yards  long,  per  piece 0 0 3 5 

Cotton-damasks,  not  exceeding  36  inches  wide,  and  not  exceeding  40 

yards  long,  per  piece 0 2 0 0 

Cotton-dimities,  or  quiltings,  not  exceeding  40  inches  wide,  and  not 

exceeding  12  jmrds  long,  per  piece 0 0 6 5 

Cotton-ginghams,  not  exceeding  28  inches  wide,  and  not  exceeding 

30  yards  long,  per  piece 0 0 3 5 

Cotton-handkerchiefs,  not  exceeding  one  yard  square,  per  dozen 0 0 2 5 

Cotton-fustians,  not  exceeding  35  yards  long,  per  piece 0 2 0 0 

Cotton-velveteens,  not  exceeding  34  yards  long,  per  piece 0 15  0 

Cotton-thread,  per  100  catties 0 7 2 0 

Cotton-yarn,  per  100  catties 0 7 0 0 

Cow-hezoar,  Indian,  per  cattj’ 15  0 0 

Cutch,  per  100  catties 0 18  0 

Elephants’  teeth,  whole,  per  100  catties 4 0 0 0 

Elephants’  teeth,  broken,  per  100  catties 3 0 0 0 

Feathers,  kingfisher’s,  peacock’s,  per  100 0 4 0 0 

Fish-maws,  per  100  catties 10  0 0 

Fish-skin,  per  100  catties 0 2 0 0 

Flints,  per  100  catties 0 0 3 0 

Gamhier,  per  100  catties 0 15  0 

Gamboge,  per  100  catties 10  0 0 

Ginseng,  American  crude,  per  100  catties 6 0 0 0 

Ginseng,  American  clarified,  per  100  catties 8 0 0 0 

Glass,  window,  per  box  of  100  square  feet 0 15  0 

Glue,  per  100  catties 0 15  0 

Gold-thread,  real,  per  catty 16  0 0 

Gold-thread,  imitation,  per  catty 0 0 3 0 

Gum-benjamin,  per  100  catties 0 6 0 0 

Gum-benjamin,  oil  of,  per  100  catties 0 6 0 0 

Gum.  dragon’s  blood,  per  100  catties 0 4 5 0 

Gum.  myrrh,  per  100  catties 0 4 5 0 

Gum,  olihanum,  per  100  catties 0 4 5 0 

Hides,  buffalo  and  cow,  per  100  catties 0 5 0 0 

Hides,  rhinoceros,  jier  100  catties 0 4 2 0 

Horns,  huffaio.  per  100  catties 0 2 5 0 

Horns,  deer,  per  ItKl  catties 0 2 5 0 

Horns,  rhinoceros,  per  100  catties 2 0 0 0 

Indigo,  liquid,  per  100  catties 0 18  0 

Isinglass,  per  100  catties 0 6 5 0 

I.acquered-ware,  per  100  catties 10  0 0 

l.eather,  per  100  catties 0 4 2 0 

I.inen,  fine,  as  Irish  or  Scotch,  not  exceeding  .50  yards  long,  per 

ihece : 0 5 0 0 

Linen,  coarse,  as  linen  and  cotton,  or  silk  and  linen  mixture,  not 

exceeding  50  yards  long,  per  piece 0 2 0 0 

Imcrahan  seed,  per  100  catties 0 0 3 5 

Mace,  per  100  catties 10  0 0 


CHINA 1858. 


225 


T.  M. 

Mangrove  bark,  per  100  catties 0 0 

Metals,  copper,  manufactured,  as  in  sheets,  rods,  nails,  per  100 

catties 1 5 

Metals,  copper,  unmanufactured,  as  in  slabs,  per  100  catties 1 0 

Metals,  copper,  yellow-metal  sbeathing  and  nails,  per  100  catties 0 9 

Metals,  copper,  Japan,  per  100  catties 0 6 

Metals,  iron,  manufactured,  as  in  sheets,  rods,  bars,  hoops,  per  100 

catties 0 1 

Metals,  iron,  unmanufactured,  as  in  pigs,  per  100  catties 0 0 

Metals,  iron,  kentledge,  per  100  catties 0 0 

Metals,  iron,  wire,  per  100  catties 0 2 

Metals,  lead,  in  pigs,  per  100  catties 0 2 

Metals,  lead,  in  sheets,  per  100  catties 0 5 

Metals,  quicksilver 2 0 

Metals,  spelter,  saleable  only  under  regulations  appended,  per  100 

catties 0 2 

Metals,  steel,  per  100  catties 0 2 

Metals,  tin,  per  100  catties 1 2 

Metals,  tin  plates,  per  100  catties 0 4 

Mother-of-pearl  shell,  per  100  catties 0 2 

Musical  boxes,  five  per  cent,  ad  valorem. 

Mussels,  dried,  per  100  catties 0 2 

Nutmegs,  per  100  catties 2 5 

Olives,  unpickled,  salted  or  pickled,  per  100  catties 0 1 

Opium,  per  100  catties 30  0 

Pepper,  black,  per  100  catties 0 3 

Pepper,  white,  per  100  catties 0 5 

Prawns,  dried,  per  100  catties 0 3 

Putchuck,  per  100  catties 0 6 

Rattans,  per  100  catties 0 1 

Rose  maloes,  per  100  catties 1 0 

Salt  fish,  per  100  catties 0 1 

Saltpetre,  saleable  only  under  regulation  appended,  per  hundred 

catties 0 5 

Sandal-wood,  per  100  catties 0 4 

Sapan-wood,  pei'  hundred  catties 0 1 

Sea-horse  teeth,  per  100  catties 2 0 

Sharks’  fins,  black,  per  100  catties 0 5 

Sharks’  fins,  white,  per  100  catties 1 5 

Sharks’  skins,  per  hundred ^ 2 0 

Silver  thread,  real,  per  catty 1 3 

Silver  thread,  imitation,  per  catty 0 0 

Sinews,  buffalo  and  deer,  per  100  catties 0 5 

Skins,  fox,  large,  each 0 1 

Skins,  fox,  small,  each 0 0 

Skins,  marten,  each 0 1 

Skins,  sea-otter,  each 1 5 

Skins,  tiger  and  leopard,  each 0 1 

Skins,  beaver,  per  hundred 5 0 

Skins,  doe,  hare,  and  rabbit,  per  hundred 0 5 

Skins,  squirrel,  per  hundred 0 5 

Skins,  land-otter,  per  hundred 2 0 

Skins,  racoon,  per  hundred 2 0 

Smalts,  per  100  catties 1 5 

Snuff,  foreign,  per  100  catties 7 2 

Sticklac,  per  100  catties 0 3 

Stockfish,  per  100  catties 0 5 

Sulphur  and  brimstone,  (saleable  only  under  regulation  appended,) 

per  100  catties 0 2 

Telescopes,  spy  and  opera  glasses,  looking-glasses,  mirrors,  5 per 
cent,  ad  valorem. 

Tigers’  bones,  per  100  cattles 1 5 

Timber,  masts  and  spars,  hard-wood,  not  exceeding  40  feet,  each 4 0 

Timber,  masts  and  spars,  hard-wood,  not  exceeding  60  feet,  each G 0 


c.  c. 

3 0 

0 0 
0 0 
0 0 
0 0 

2 5 

7 5 
1 0 
5 0 
5 0 
5 0 
0 0 

5 0 
5 0 

5 0 
0 0 
0 0 

0 0 
0 0 

8 0 
0 0 

6 0 
0 0 
6 0 
0 0 
5 0 
0 0 
8 0 

0 0 
0 0 
0 0 
0 0 
0 0 
0 0 
0 0 
0 0 

3 0 
5 0 
5 0 
7 5 
5 0 
0 0 
5 0 
0 0 
0 0 
0 0 
0 0 
0 0 
0 0 
0 0 
0 0 
0 0 

0 0 


5 0 
0 0 
0 0 


24449— VOL  1—10 15 


226 


TREATIES,  CONVENTIONS,  ETC. 


T.  M.  C.  C. 

Timber,  m.Tsts  and  spars,  Imrd-wood,  exceeding  GO  feet  each 10  0 0 0 

'I'iniber,  masts  and  spars,  soft-wood,  not  exceeding  40  feet  each 2 0 0 0 

Timber,  masts  and  spars,  soft-wood,  not  exceeding  60  feet  each 4 5 0 0 

Timber,  masts  and  spars,  soft-wood,  exceeding  GO  feet  each 6 5 0 0 

Timlier,  l)eams,  iiard-wood,  not  exceeding  26  feet  long,  and  under 

12  inches  square,  each 0 15  0 

Timber,  planks,  hard-wood,  not  exceeding  24  feet  long,  12  inches 

M'ide,  and  3 inches  thick,  per  100 3 5 0 0 

Timber,  planks,  hard-wood,  not  exceeding  16  feet  long,  12  inches 

wide,  and  3 inches  thick,  per  100 2 0 0 0 

Timber,  plank,  soft-wood,  per  1,000  square  feet 0 7 0 0 

Timber,  plank,  teak,  per  cubic  foot 0 0 3 5 

Tinder,  per  100  catties 0 3 5 0 

Tortoise-shell,  per  catty 0 2 5 0 

Tortoise-shell,  broken,  per  catty 0 0 7 2 

Umbrellas,  each 0 0 3 5 

Velvets,  not  exceeding  34  yards  long,  per  piece 0 18  0 

Watches,  per  pair 10  0 0 

Watches,  emaillees  a perles,  per  pair 4 5 0 0 

Wax,  .Japan,  per  100  catties 0 6 5 0 

AVoods,  cainagon,  per  100  catties 0 0 3 0 

Woods,  ebony,  per  100  catties 0 15  0 

Woods,  garroo,  per  100  catties 2 0 0 0 

Woods,  fragrant,  per  100  catties 0 4 5 0 

Woods,  kranjee,  35  feet  long,  1 foot  8 inches  wide,  and  1 foot  thick, 

each 0 8 0 0 

Woods,  laka,  per  100  catties 0 14  5 

Woods,  red,  per  100  catties 0 115 

Woollen  manufactures,  viz,  blankets,  per  pair 0 2 0 0 

Woollen  broadcloth  and  Spanish  stripes,  habit  and  medium  cloth, 

51  64  inches  wide,  per  chang 0 12  0 

Woollen,  long  ells,  31  inches  wide,  per  chang 0 0 4 5 

Woollen  camlets,  English,  31  inches  wide,  per  chang 0 0 5 0 

Woollen  camlets,  Dutch,  33  inches  wide,  per  chang 0 10  0 

Woollen  candets,  imitation  and  bombazettes,  per  chang 0 0 3 5 

W'^oollen  cassimeres,  flannel,  and  narrow  cloth,  per  chang 0 0 4 0 

Woollen  lastings,  31  inches  wide,  per  chang 0 0 5 0 

Woollen  lastings,  imitation  and  Orleans,  34  inches  wide,  per  chang_  0 0 3 5 

Woollen  bunting,  not  exceeding  24  inches  wide,  40  yards  long, 

per  piece 0 2 0 0 

Woollen  and  cotton  mixtures,  viz,  lustres,  plain  and  brocaded,  not 

exceeding  .31  yards  long,  per  piece 0 2 0 0 

Woollen,  inferior  Spanish  stripes,  per  chang 0 10  0 

AVoollen  yarn,  per  100  catties 3 0 0 0 

TARIFF  ON  EXPORTS. 

Alum,  per  100  catties 0 0 4 5 

Alum,  green  or  copperas,  per  100  catties 0 10  0 

xVnise-seed,  star,  per  100  catties 0 5 0 0 

Anise-seed,  broken,  per  100  catties 0 2 5 0 

Anise-seed,  oil,  per  100  catties 5 0 0 0 

Apricot  seeds,  or  almonds,  per  100  catties 0 4 5 0 

Arsenic,  per  100  catties 0 4 5 0 

Artificial  flowers,  per  100  catties 15  0 0 

Bamboo  ware,  per  100  catties 0 7 5 0 

Bangles,  or  glass  armlets,  per  100  catties 0 5 0 0 

Beans  and  peas,  (except  from  New  Chwang  and  Tang  Chow,)  per 

100  catties 0 0 6 0 

Bean  cake,  (except  from  New  Chwang  and  Tang  Chow,)  per  100 

catties 0 0 3 5 

Bone  and  horn  ware,  per  100  catties 15  0 0 

Brass  buttons,  per  100  catties 3 0 0 0 

Brass  foil,  per  100  catties 15  0 0 

Brass  ware,  per  100  cattie.s 10  0 0 


CHINA 1858.  227 

T.  M.  C.  C. 

Brass  ware,  per  100  catties., 115  0 

Camphor,  per  100  catties 0 7 5 0 

Canes,  per  thousand 0 5 0 0 

Cantha  rides,  per  100  catties 2 0 0 0 

Capoor  cutchery,  per  100  catties 0 3 0 0 

Carpets  and  druggets,  per  hundred 3 5 0 0 

Cassia  lignea,  per  100  catties 0 6 0 0 

Cassia  buds,  per  100  catties 0 8 0 0 

Cassia  twigs,  per  100  catties 0 15  0 

Cassia  oil,  per  100  catties 9 0 0 0 

Castor  oil,  per  100  catties 9 2 0 2 

Chestnuts,  per  100  catties 0 10  0 

China  root,  per  100  catties 0 13  0 

Chinaware,  fine,  per  100  catties 0 9 0 0 

Chinaware,  coarse,  per  100  catties 0 4 5 0 

Cinnabar,  per  100  catties 0 7 5 0 

Clothing,  cotton,  per  100  catties 15  0 0 

Clothing,  silk,  per  100  catties 10  0 0 0 

Coal,  per  100  catties 0 0 4 0 

Coir,  per  100  catties 0 10  0 

Copper  ore,  per  100  catties 0 5 0 0 

Copper  sheathing,  old,  per  100  catties 0 5 0 0 

Copper  and  pewter  ware,  per  100  catties 115  0 

Corals,  false,  per  100  catties 0 3 5 0 

Cotton,  raw,  per  100  catties 0 3 5 0 

Cotton  rags,  per  100  catties 0 0 4 5 

Cow  bezoar,  per  catty 0 3 6 0 

Crackers,  fireworks,  per  100  catties 0 5 0 0 

Cubebs,  per  100  catties 15  0 0 

Curiosities,  antiques,  5 per  cent,  ad  valorem. 

Dates,  black,  per  100  catties 0 15  0 

Dates,  red,  per  100  catties 0 0 9 0 

Dye,  green,  per  catty 0 8 0 0 

Eggs,  preserved,  per  thousand 0 3 6 0 

Fans,  feather,  per  hundred 0 7 5 0 

Fans,  paper,  per  hundred 0 0 4 5 

Fans,  palm  leaf,  trimmed,  per  thousand 0 3 6 0 

Fans,  palm  leaf,  untrimmed,  per  thousand 0 2 0 0 

Felt  cuttings,  per  100  catties 0 10  0 

Felt  caps,  per  hundred 12  5 0 

Fungus,  or  agaric,  per  100  catties 0 6 0 0 

Galangal,  per  100  catties 0 10  0 

Garlic,  per  100  catties 0 0 3 5 

Ginseng,  native,  5 per  cent,  ad  valorem. 

Ginseng,  Corean  or  Japan,  first  quality,  per  catty 0 5 0 0 

Ginseng,  Corean  or  Japan,  second  quality,  per  catty 0 3 5 0 

Glass  beads,  per  100  catties 0 5 0 0 

Glass,  or  vitrified  ware,  per  100  catties 0 5 0 0 

Grass-cloth,  fine,  per  100  catties 2 5 0 0 

Grass-cloth,  coarse,  per  100  catties 0 7 5 0 

Ground-nuts,  per  100  catties 0 10  0 

Ground-nuts,  cake,  per  100  catties 0 0 3 0 

Gypsum,  ground,  or  plaster  of  Paris,  per  100  catties 0 0 3 0 

Hair,  camels’,  per  100  catties 10  0 0 

Hair,  goats’,  per  100  catties 0 18  0 

Hams,  per  100  catties 0 5 5 0 

Hartall,  or  orpiment,  per  100  catties 0 3 5 0 

Hemp,  per  100  catties 0 3 5 0 

Honey,  per  100  catties 0 9 0 0 

Horns,  deer’s,  young,  per  pair 0 9 0 0 

Horns,  deer’s,  old,  per  100  catties 13  5 0 

India  ink,  per  100  catties 4 0 0 0 

Indigo,  dry,  per  100  catties 10  0 0 

Ivory  ware,  per  catty 0 15  0 

Joss  sticks,  per  100  catties 0 2 0 0 


228 


TREATIES,  CONVENTIONS,  ETC. 


T.  M.  C.  C. 

Klttysols,  or  paper  umbrellas,  per  hundred 0 5 0 0 

Lacquered  ware,  per  100  catties 10  0 0 

Lamp-wicks,  per  100  catties 0 6 0 0 

Lead,  red,  (minimum,)  per  100  catties 0 3 5 0 

Lead,  white,  (ceruse,)  per  100  catties 0 3 5 0 

Lead,  yellow,  (massicot,)  per  100  catties 0 3 5 0 

Leather  articles,  as  pouches,  purses,  per  100  catties 15  0 0 

Leather,  green,  per  100  catties 18  0 0 

Lichees,  per  100  catties 0 2 0 0 

Lily  flowers,  dried,  per  100  catties 0 2 7 0 

Lily-seed,  or  lotus  nuts,  per  100  catties 0 5 0 0 

Licorice,  per  100  catties 0 13  5 

Lung-ngau,  per  100  catties 0 2 5 0 

Luug-ngan,  without  the  stone,  per  100  catties 0 3 5 0 

Manure-cakes,  or  poudrette,  per  100  catties 0 0 9 0 

Marble  slabs,  per  100  catties 0 2 0 0 

Mats  of  all  kinds,  per  hundred 0 2 0 0 

Matting,  per  roll  of  40  yards 0 2 0 0 

INIelou-seeds,  per  100  catties 0 10  0 

Klother-o’-pearl  ware,  per  catty 0 10  0 

Mushrooms,  per  100  catties 15  0 0 

Musk,  per  catty 0 9 0 0 

Nankeen  and  native  cotton  cloths,  per  100  catties 15  0 0 

Nutgalls,  per  100  catties 0 5 0 0 

Oil,  as  bean,  tea,  wood,  cotton,  and  hemp-seed,  per  100  cattles 0 3 0 0 

Oiled  paper,  per  100  catties 0 4 5 0 

Olive-seed,  per  100  catties 0 3 0 0 

Oyster-shells,  sea-shells,  per  100  catties 0 0 9 0 

Paint,  green,  per  100  catties 0 4 5 0 

Paliunpoio,  or  cotton  bedquilts,  per  hundred 2 7 5 0 

Paper,  1st  qualitj',  per  100  catties 0 7 0 0 

Paper,  2d  quality,  per  100  catties 0 4 0 0 

Pearls,  false,  per  ICO  catties 2 0 0 0 

Peel,  orange,  per  100  catties 0 3 0 0 

Peel,  pumelo,  1st  quality,  per  100  catties 0 4 5 0 

Peel,  pumelo,  2d  quality,  i)er  100  catties 0 15  0 

Pepi)ermiut  leaf,  per  100  catties 0 10  0 

Peppermint  oil,  per  100  catties 3 5 0 0 

Pictures  and  paintings,  each 0 10  0 

Pictures  on  pith  or  rice  paper,  per  hundred 0 10  0 

Pottery,  earthenware,  per  100  catties 0 0 5 0 

Preserve,  comfits  and  sweetmeats,  per  100  catties 0 5 0 0 

Rattans,  split,  per  100  catties 0 2 5 0 

Rattan  ware,  per  100  catties 0 3 0 0 

Rhubard,  per  100  catties 12  5 0 

Rice  or  paddy,  wheat,  millet,  and  other  grains,  per  100  catties 0 10  0 

Rugs  of  hair  or  skin,  each 0 0 9 0 

Sauishoo,  per  100  catties ' 0 15  0 

Sandal-wood  ware,  per  catty 0 10  0 

Sea-weed,  per  100  catties 0 15  0 

Sesamum  seed,  per  100  catties 0 13  5 

Shoes  and  l>oots,  leather  or  satin,  per  one  hundred  pairs 3 0 0 0 

Shoes,  straw,  per  one  hundred  pairs 0 18  0 

Silk,  raw  and  thrown,  per  100  catties 10  0 0 0 

Silk,  yellow,  from  Szechuen,  per  100  catties 7 0 0 0 

Silk,  reeled  from  Dui)ions,  per  100  catties 5 0 0 0 

Silk,  wild  raw,  per  100  catties 2 5 0 0 

Silk,  refuse,  per  100  catties 10  0 0 

Silk,  cocoons,  per  100  cattles 3 0 0 0 

Silk,  floss.  Canton,  per  100  catties 4 3 0 0 

Silk,  floss,  from  other  provinces,  per  100  catties 10  0 0 0 

Silk,  ribbons  and  thread,  per  100  catties 10  0 0 0 

Silk,  i)iece  goods,  pongees,  shawls,  scarfs,  crape,  satin,  gauze,  velvet 

and  embroidered  goods,  per  100  catties 12  0 0 0 

Silk,  piece  goods,  Szechuen  aud  Shantung,  per  100  catties 4 5 0 0 


CHINA — 1858. 


229 


T.  M.  C.  C. 

Silk,  tassels,  per  100  catties 10  0 0 0 

Silk  caps,  per  hundred 0 9 0 0 

Silk  and  cotton  mixtures,  per  100  catties 5 5 0 0 

Silver  and  gold  ware,  per  100  catties 10  0 0 0 

Snuff,  per  100  catties 0 8 0 0 

Soy,  per  100  catties 0 4 0 0 

Straw  braid,  per  100  catties 0 7 0 0 

Sugar,  br  wn,  per  100  ca'Ces 0 12  0 

Sugar,  white,  per  100  catties 0 2 0 0 

Sugar,  candy,  per  100  catties 0 2 5 0 

Tallow,  animal,  per  100  catties 0 2 0 0 

Tallow,  vegetable,  per  100  catties 0 3 0 0 

Tea,  per  100  catties 2 5 0 0 

Tin-foil,  per  100  catties 12  5 0 

Tobacco,  prepared,  per  100  catties 0 4 5 0 

Tobacco,  leaf,  per  100  catties 0 15  0 

Tortoise-shell  ware,  per  catty 0 2 0 0 

Trunks,  leather,  per  100  catties 15  0 0 

Turmeric,  per  100  catties 0 10  0 

Twine,  hemp.  Canton,  per  100  catties 0 15  0 

Twine,  hemp,  Soochow,  per  100  catties 0 5 0 0 

Turnips,  salted,  per  100  catties 0 18  0 

Varnish,  or  crude  lacquer,  per  100  catties 0 5 0 0 

Vermicelli,  per  100  catties 0 18  0 

Vermillion,  per  100  catties 2 5 0 0 

Wax,  white  or  insect,  per  100  catties 15  0 0 

Wood,  piles,  poles  and  joists,  each 0 0 3 0 

Wood  ware,  per  100  catties 115  0 

Wool,  per  100  catties 0 3 5 0 

[SEAL.]  William  B.  Reed. 


' Rule  I. 

Vnenumerated  goods. 

Articles  not  enumerated  in  the  list  of  exports,  but  enumerated  in  the  list  of 
imports,  when  exported,  shall  pay  the  amount  of  duty  set  against  them  in  the 
list  of  imports;  and  similarly,  articles  not  enumerated  in  the  list  of  imports,  but 
enumerated  in  the  list  of  exports,  when  imported,  will  pay  the  amount  of  duty 
set  against  them  in  the  list  of  exports. 

Articles  not  enumerated  in  either  list,  nor  in  the  list  of  duty-free  goods,  shall 
pay  an  ad  valorem  duty  of  five  per  cent.,  calculated  upon  their  market  value. 


Rule  II. 

Duty-free  goods. 

Gold  and  silver  bullion,  foreign  coins,  flour,  Indian-meal,  sago,  biscuit,  pre- 
served meats,  and  vegetables. 

Cheese,  butter,  confectionery. 

Fcreigu  clothing,  jewelry,  plated  ware,  perfumery,  soap  of  all  kinds. 

Charcoal,  firewood,  candles,  (foreign,)  tobacco,  (foreign,)  cigars,  (foreign.) 

Wine,  beer,  spirits,  household  stores,  ships’  stores,  personal  baggage,  station- 
ery, cariieting,  druggeting,  cutlery,  foreign  medicines  and  glass  and  crystal  ware. 

The  above  commodities  pay  no  import  or  export  duty;  but,  if  transported  into 
the  interior,  will,  with  the  exception  of  personal  baggage,  gold  and  silver  bul- 
lion, and  foreign  coins,  pay  a transit  duty  at  the  rate  of  two  and  a half  per 
cent,  ad  valorem. 

A freight  or  part  freight  of  duty-free  goods  (nersnnal  baggage,  gold  and 
silver  bullion  and  foreign  coins  excepted)  will  render  the  vessel  carrying  them, 
though  no  other  cargo  be  on  board,  liable  to  tonnage  dues. 


230 


TREATIES,  CONVENTIONS,  ETC. 


Rule  III. 

Contraband  goods. 

Import  and  ex|)ort  trade  is  alike  prohibited  in  the  following  articles ; 

Gunpowder,  shot,  cannon,  fowling-pieces,  rifles,  muskets,  pistols  and  all  other 
munitions  and  implements  of  war,  and  salt. 

Rule  IV. 

Weights  and  measures. 

In  the  calculations  of  the  tariff  the  weight  of  a pecul  of  one  hundred  catties 
is  held  to  be  equal  to  one  hundred  and  thirty-three  and  one-third  pounds  avoir- 
dupois, and  the  length  of  a cJtang  of  ten  Chinese  feet  to  be  equal  to  one  hundred 
and  forty-one  English  inches. 

One  Chinese  chih  is  held  to  equal  fourteen  and  one-tenth  inches  English,  and 
four  yards  English,  less  three  inches,  to  equal  one  chang. 

Rule  V. 

Regarding  certain  commodities  heretofore  contraband. 

The  restrictions  affecting  trade  in  opium,  cash,  grain,  pulse,  sulphur,  brim- 
stone, saltpetre  and  spelter,  are  relaxed  under  the  following  conditions : 

1.  Opium  will  henceforth  pay  thirty  taels  per  pecul  import-duty.  The  importer 
will  sell  it  only  at  the  port.  It  will  be  carried  into  the  interior  by  Chinese  only, 
and  only  as  Chinese  property ; the  foreign  trader  will  not  be  allowed  to  accom- 
pany it.  The  provision  of  the  treaty  of  Tien-tsin,  conferring  privileges  by  virtue 
of  the  most  favored  clause,  so  far  as  respects  citizens  of  the  Enited  States  going 
into  the  interior  to  trade  or  paying  transit-duties,  shall  not  extend  to  the  arti- 
cle of  opium,  the  transit-duties  ou  which  will  be  arranged  as  the  Chinese  Gov- 
ernment see  tit ; nor  in  future  revisions  of  the  tariff  is  the  same  rifle  of  revision 
to  be  applied  to  opium  as  to  other  goods. 

2.  Copper-cash. — The  export  of  cash  to  any  foreign  port  is  prohibited;  but  it 
shall  be  lawful  for  citizens  of  the  United  States  to  ship  it  at  one  of  the  open 
ports  of  China  to  another  on  compliance  with  the  following  regulation:  The 
shipper  shall  give  notice  of  the  amount  of  cash  he  desires  to  ship,  and  the 
port  of  its  destination,  and  shall  bind  himself,  either  by  a bond  with  two  sufB- 
cient  sureties,  or  by  depositing  such  other  security  as  may  lie  deemed  by  the 
customs  satisfactory,  to  return,  within  six  months  from  the  date  of  clearance,  to 
the  collector  at  the  port  of  shipment,  the  certificate  issued  by  him,  with  an 
acknowledgment  thereon  of  the  receipt  of  the  cash  at  the  port  of  destination  by 
the  collector  at  that  port,  who  shall  thereto  affix  his  seal;  or,  failing  the  pro- 
duction of  the  certificate,  to  forfeit  a sum  equal  in  value  to  the  cash  shipjied. 

Cash  will  pay  no  duty  inwards  or  outwards,  but  a freight,  or  part  freight  of 
cash,  though  no  other  cargo  be  on  board,  will  render  the  vessel  carrying  it 
liable  to  tonnage  dues. 

3.  The  export  of  rice  and  all  other  grains  whatsoever,  native  or  foreign,  no 
matter  where  grown  or  whence  imported,  to  any  foreign  port,  is  prohiliited ; 
but  these  commodities  may  be  carried  by  citizens  of  the  United  States  from  one 
of  the  open  ports  of  China  to  another,  under  the  same  conditions  in  respect  of 
•security  as  cash,  on  payment  at  the  port  of  shipment  of  the  duty  specified  in 
the  tariff. 

No  import  duty  siiall  be  levyable  upon  rice  or  grain,  but  a freight  or  part 
freight  of  rice  or  grain,  though  no  other  car.go  be  ou  board,  will  render  the 
vessel  importing  it  liable  to  tonnage  dues, 

4.  Pulse. — The  export  of  pplse  and  bean  cake  from  Tang-Chau,  and  Xin- 
Chwang,  under  the  American  flag  is  prohibited.  From  any  of  the  other  open 
l)orts  they  may  be  shipped,  on  payment  of  the  tariff  duty,  either  to  other  ports 
of  China  or  to  foreign  countries. 

5.  Saltpetre,  sulphur,  brimstone  and  spelter,  being  deemed  by  the  Chinese  to 
be  munitions  of  war,  shall  not  be  imported  by  citizens  of  the  United  States 
save  at  the  requisition  of  the  Chinese  Government,  or  for  sale  to  Chinese  duly 
authorized  to  purchase  them.  No  permit  to  land  them  shall  be  issued  until  the 
customs  have  proof  that  the  necessary  authority  has  been  given  to  the  pur- 
chaser. It  shall  not  be  lawful  for  citizens  of  the  United  States  to  carry  these 


231 


iVIl'J'  "iO 


1 56  Fifth 

cominodlties  up  the  Yang-tsz-Kiaug,  or  into  any  port  other  than  those  open  on 
the  sea-board,  nor  to  accompany  them  into  the  interior  on  behalf  of  Chinese. 
They  must  be  sold  at  the  ports  only,  and,  except  at  the  ports,  they  will  be 
regarded  as  Chinese  property. 

Infractions  of  the  conditions,  as  above  set  forth,  under  which  trade  in  opium, 
cash,  grain,  pulse,  sulphur,  brimstone,  saltpetre  and  spelter  may  be  hencefor- 
ward carried  on,  will  be  punishable  by  confiscation  of  all  the  goods  concerned. 


Rule  VI. 


Liability  of  vessels  entering  port. 

For  the  prevention  of  misunderstanding,  it  is  agreed  that  American  vessels 
must  be  reported  to  the  Consul  within  twenty-four  hours,  counting  from  the 
time  the  vessel  comes  within  the  limits  of  the  port,  and  that  the  same  rule  be 
applied  to  the  forty-eight  hours  allowed  by  art.  XIX  of  the  treaty  to  remain  in 
port  without  payment  of  tonnage  dues. 

The  limits  of  the  ports  shall  be  defined  by  the  customs,  with  all  consideration 
for  the  convenience  of  trade,  compatibly  with  due  protection  of  the  revenue; 
also,  the  limits  of  the  anchorages  within  w’hich  lading  and  discharging  are 
permitted  by  the  customs,  and  the  same  shall  be  notified  to  the  Consuls  for 
public  information. 


Rule  VII. 

Transit-dues. 

It  is  agreed  that  the  amount  of  transit-dues  legally  levyable  upon  merchan- 
dise imported  or  exported  shall  be  one-half  the  tariff  duties,  except  in  the  case 
of  the  duty  free  goods  liable  to  a transit-duty  of  two  and  a half  per  cent,  ad 
valorem,  as  provided  in  No.  II.  of  these  rules. 

Merchandise  shall  be  cleared  of  its  transit  dues  under  the  following  regula- 
tions : 

In  the  case  of  imports.  Notice  being  given  at  the  port  of  entry  from  which 
the  imports  are  to  be  forwarded  inland  of  the  nature  and  quantity  of  the 
goods,  the  ship  from  which  they  have  been  landed,  and  the  place  inland  to 
which  they  are  bound,  with  all  other  necessary  particulars,  the  collector  of 
customs  shall,  on  due  inspection  made,  and  on  receipt  of  the  transit  duty  due, 
issue  a transit  duty  certificate.  This  must  be  produced  at  every  barrier  station, 
and  viseed.  No  further  duty  will  be  levyable  upon  imports  so  certificated,  no 
matter  how  distant  the  place  of  their  destination. 

In  the  case  of  exports.  Produce  purchased  by  a citizen  of  the  United  States 
in  the  interior  will  be  inspected  and  taken  account  of  at  the  first  barrier  it 
passes  on  its  way  to  the  port  of  shipment.  A memorandum  showing  the  amount 
of  the  produce,  and  the  port  at  which  it  is  to  be  shipped,  will  be  deposited 
there  by  the  person  in  charge  of  the  produce.  He  will  then  receive  a certificate, 
which  must  be  exhibited  and  viseed  at  every  barrier  on  his  way  to  the  port  of 
shipment.  On  the  arrival  of  the  produce  at  the  barrier  nearest  the  port  notice 
must  be  given  to  the  customs  at  the  port,  and  the  transit  dues  due  thereon 
being  paid  it  will  be  passed.  On  exportation  the  produce  will  pay  the  tariff 
duty. 

Any  attempt  to  pass  goods  inward  or  outward,  otherwise  than  in  compliance 
with  the  rule  here  laid  down,  will  render  them  liable  to  confiscation.  Unau- 
thorized sale  in  transitu  of  goods  that  have  been  entered  as  above  for  a port 
will  render  them  liable  to  confiscation.  Any  attempt  to  pass  goods  in  excess  of 
the  quantity  specified  in  the  certificate  will  render  all  the  goods  of  the  same 
denomination  named  in  the  certificate  liable  to  confiscation.  Permission  to 
export  produce  which  cannot  be  proved  to.  have  paid  its  transit-dues  will  be 
refused  by  the  customs  until  the  transit  dues  shall  have  been  paid. 

Rule  VIII. 

Trade  with  the  eapital. 

It  is  agreed  that  no  citizen  of  the  United  States  shall  have  the  privilege  of 
entering  the  capital  city  of  Peking  for  the  purpose  of  trade. 


232 


TREATIES,  CONVENTIONS,  ETC. 


Rule  IX. 

Abolition  of  the  rneltage  fee. 

It  is  agreed  that  the  percentage  of  one  tael,  two  mace  hitherto  charged,  in 
excess  of  duty  payments,  to  defray  the  expenses  of  melting  by  the  Chinese 
Government,  shall  no  longer  be  levied  on  citizens  of  the  United  States. 

Rule  X. 

Collection  of  duties  under  one  system  at  all  ports. 

It  being,  by  treaty,  at  the  option  of  the  Chinese  Government  to  adopt  what 
means  appear  to  it  best  suited  to  protect  its  revenue  accruing  on  American 
trade,  it  is  agreed  that  one  uniform  system  shall  he  enforced  at  every  port. 

The  high  officer  appointed  by  the  Chinese  Government  to  superintend  foreign 
trade  will  accordingly,  from  time  to  time,  either  himself  visit,  or  will  send  a 
deputy  to  visit,  the  different  ports.  The  said  high  officer  will  be  at  liberty  of 
his  own  choice,  independently  of  the  suggestion  or  nomination  of  any  American 
authority,  to  select  any  citizen  of  the  United  States  he  may  see  fit  to  aid  him  in 
the  administration  of  the  customs  revenue,  in  the  prevention  of  smuggling,  in 
the  definition  of  port  boundaries,  or  in  discharging  the  duties  of  harbor-master; 
also  in  the  distribution  of  lights,  buoys,  beacons  and  the  like,  the  maintenance 
of  which  shall  be  provided  for  out  of  the  tonnage  dues. 

The  Chinese  Government  will  adopt  what  measures  it  shall  find  requisite  to 
prevent  smuggling  up  the  Yang-tsz-Kiaug,  when  that  river  shall  be  open  to 
trade. 

[seal.]  William  B.  Reed. 


1858.“ 

Claims  Convention. 

Concluded  November  8,  1858;  ratification  advised  hy  the  Senate 
March  i,  1859;  ratified  hy  the  President  March  3,  1859;  ratifica- 
tions exchanged  August  15.,  1859. 

Articles. 

I.  Liquidation  of  claims  of  American  citizens. 

In  order  to  carry  into  effect  the  convention  made  at  Tien-tsin  by  the 
High  Commissioners  and  Plenipotentiaries  respectively  representing 
the  United  States  of  America  and  the  Ta  Tsing  Empire,  for  the  satis- 
faction of  claims  of  American  citizens,  by  which  it  was  agreed  that 
one-fifth  of  all  tonnage,  import  and  export-duties,  payable  on  Ameri- 
can shi2is  and  goods  shi^iped  in  American  vessels  at  the  jiorts  of  Can- 
ton, Shanghai,  and  Fuh-chau,  to  an  amount  not  exceeding  six  hundred 
thousand  taels,  should  be  apjilied  to  that  end;  and  the  Plenijiotentiary 
of  the  United  States,  actuated  by  a friendly  feeling  towards  China,  is 
willing,  on  behalf  of  the  United  States,  to  reduce  the  amount  needed 
for  such  claims  to  an  aggregate  of  five  hundred  fhousand  taels,  it  is 
now  exjiressly  agreed  by  the  high  contracting  ^larties  in  the  form  of  a 
suinilementary  convention,  as  follows: 

Article  I. 

That  on  the  first  day  of  the  next  Chinese  year  the  collectors  of  cus- 
toms at  the  said  three  jicrts  shall  issue  debentures  to  the  amount  of 


“ See  uote  concerning  all  treaties  with  China,  page  198. 


CHINA 1858, 


233 


five  hundred  thousand  taels,  to  be  delivered  to  such  persons  as  may  be 
named  by  the  Minister  or  chief  diplomatic  officer  of  the  United 
States  in  China,  and  it  is  agreed  that  the  amount  shall  be  distributed 
as  follows:  Three  hundred  thousand  taels  at  Canton,  one  hundred 
thousand  taels  at  Shanghai,  and  one  hundred  thousand  taels  at  Fuh- 
chau,  which  shall  be  received  in  payment  of  one-fifth  of  the  tonnage, 
export  and  import-duties  on  American  ships,  or  goods  in  American 
ships  at  the  said  ports,  and  it  is  agreed  that  this  amount  shall  be  in 
full  liquidation  of  all  claims  of  American  citizens  at  the  various  ports 
to  this  date. 

In  faith  whereof  the  respective  Plenipotentiaries  of  the  United 
States  of  America  and  of  the  Ta  Tsing  Empire,  that  is  to  say,  on  the 
part  of  the  United  States,  William  B.  Reed,  Envoy  Extraordinary 
and  Minister  Plenipotentiary,  and  on  the  part  of  the  Ta  Tsing  Em- 
pire, Kweiliang,  a member  of  the  Privy  Council,  Captain-General  of 
the  Plain  White  Banner  Division  of  the  Manchu  Bannermen  and 
Superintendent  of  the  Board  of  Punishments;  and  Hwashana,  Clas- 
sigal  Reader  at  Banquets,  President  of  the  Board  of  Civil  Office,  Cap- 
tain-General of  the  Bordered  Blue  Banner  Division  of  the  Chinese 
Bannermen,  both  of  them  Plenipotentiaries,  with  Ho-Kwei-tsing, 
Governor-General  of  the  two  Kiang  Provinces,  President  of  the 
Board  of  War,  and  Guardian  of  the  Heir- Apparent ; Mingshen, 
President  of  the  Ordnance  Office  of  the  Imperial  Household,  with  the 
Insignia  of  the  Second  Grade ; and  Twan,  a titular  President  of  the 
Fifth  Grade,  member  of  the  Establishment  of  the  General  Council, 
and  one  of  the  junior  under  Secretaries  of  the  Board  of  Punishments, 
all  of  them  special  Imperial  Commissioners  deputed  for  the  purpose, 
have  signed  and  sealed  these  presents. 

Done  at  Shanghai,  this  eighth  day  of  November,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  fifty-eight,  and  of  the  Inde- 
pendence of  the  United  States  the  eighty-third,  and  in  the  eighth  year 
of  Heinfung,  the  tenth  month  and  third  day. 

[seal.]  William  B.  Reed. 


[seal.] 


Kweiliang. 

Hwashana. 

Ho-Kwei-tsing. 

Mingshen. 

Twan. 


Under  the  foregoing  convention  $735,238.97  was  paid  to  the  United 
States  minister  and  a commission  appointed  to  decide  upon  the  claims. 
The  commission  awarded  claimants  $489,187.95,  and  the  Chinese 
Government  refusing  to  receive  the  surplus  it  was  finally  transmitted 
to  the  United  States  and  invested  in  government  bonds. 

From  this  fund  there  was  paid  out  by  the  Secretary  of  State  for 
claims  against  China  $281,319.64,  and  on  April  24,  1885,  the  balance, 
amounting  to  $453,400.90,  was  returned  to  the  Chinese  minister  at 
Washington. 


234 


TREATIES,  CONVENTIONS,  ETC. 


1868.« 


Treaty  of  Trade,  Consuls,  and  Emigration. 


Concluded  Jxdy  28^1868 ; ratification  advised  by  the  Senate  with  amend- 
ments July  2Jf,  1868;  amendments  hicorporated  in  the  treaty  July 
28,  1868;  ratified  by  the  President,  October  19,  1868;  ratifications 
exchanged  November  23,  1869;  proclaimed  February  5,  1870. 


Articles. 


I.  Jurisdiction  over  laud  in  China. 

II.  Regulation  of  commerce. 

III.  Chinese  consuls. 

IV.  Religious  freedom. 


V.  Voluntary  emigration. 

VI.  Privilegesof  travel  and  residence. 

VII.  Education. 

VIII.  Internal  improvements  in  China. 


Whereas  since  the  conclusion  of  the  treaty  between  the  United 
States  of  America  and  the  Ta  Tsing  Empire  (China)  of  the  eight- 
eenth of  June,  1858,  circumstances  have  arisen  showing  the  necessity 
of  additional  articles  thereto,  the  President  of  the  United  States 
and  the  Augirst  Sovereign  of  the  Ta  Tsing  Empire,  have  named  for 
their  Plenipotentiaries  to  wit:  The  President  of  the  United  States  of 
America,  William  H.  Seward,  Secretary  of  State,  and  His  Majesty 
the  Emperior  of  China,  Anson  Burlingame,  accredited  as  his  Envoy 
Extraordinary  and  Minister  Plenipotentiary,  and  Chih-Kang  and 
Sun  Chia-Ku,  of  the  second  Chinese  rank,  associated  High  Envoys 
and  Ministers  of  his  said  Majesty;  and  the  said  Plenipotentiaries, 
after  having  exchanged  their  full  powers,  found  to  be  in  due  and 
proper  form,  have  agreed  upon  the  following  articles: 


Article  I. 


His  Majesty  the  Emiieror  of  China,  being  of  the  opinion  that,  in 
making  concessions  to  the  citizens  or  subjects  of  foreign  powers  of 
the  privilege  of  residing  on  certain  tracts  of  land,  or  resorting  to 
certain  waters  of  that  empire  for  purposes  of  trade,  he  has  by  no 
means  relinquished  his  right  of  eminent  domain  or  dominion  over  the 
said  land  and  waters,  hereby  agrees  that  no  such  concessions  or  grant 
shall  be  construed  to  give  to  any  power  or  party  which  may  be  at  war 
with  or  hostile  to  the  United  States  the  right  to  attack  the  citizens  of 
the  United  States  or  their  property  within  the  said  lands  or  waters. 
And  the  United  States,  for  themselves,  hereby  agree  to  abstain  from 
offensively  attacking  the  citizens  or  subjects  of  any  power  or  party 
or  their  jiroperty  with  which  they  may  be  at  war  on  any  such  tract 
of  land  or  waters  of  the  said  empire.  But  nothing  in  this  article 
shall  be  construed  to  prevent  the  United  States  from  resisting  an 
attack  by  any  hostile  power  or  party  upon  their  citizens  or  their 


See  Treaty  of  June  18,  1S5S,  and  Treaty  of  October  8,  1903.  Also,  see  note 
as  to  all  treaties  with  China,  page  19G.  Federal  cases:  Chae  Chan  Ping  v.  U.  S. 
tl30  U.  S.,  581),  Ex  parte  Eau  Ow  Bew  (141  U.  S.,  583),  Lau  Ow  Bew  v.  U.  S. 
(144  U.  S.,  47),  Fong  Yue  Ting  v.  U.  S.  (149  U.  S.,  698),  In  re  Ah  Fong  (5  Sawy., 
144),  Chapman  v.  Toy  Long  (4  Sawy.,  28),  BaRer  v.  Portland  (5  Sawy.,  566), 
In  re  Wong  Yung  Quy  (6  Sawy.,  237,  442),  In  re  Ah  Chong  (6  Sawy.,  451),  In 
re  Parrott  (1  Fed.  Rep.,  481),  U.  S.  v.  Douglas  (17  Fed.  Rep.,  634). 


CHINA 1868. 


235 


property.  It  is  further  agreed  that  if  any  right  or  interest  in  any 
tract  of  land  in  China  has  been  or  shall  hereafter  be  granted  by  the 
Government  of  China  to  the  United  States  or  their  citizens  for 
purposes  of  trade  or  commerce,  that  grant  shall  in  no  event  be  con- 
strued to  divest  the  Chinese  authorities  of  their  right  of  jurisdiction 
over  persons  and  property  within  said  tract  of  land,  except  so  far  as 
that  right  may  have  been  expressly  relinquished  by  treaty. 

Article  II. 

The  United  States  of  America  and  His  Majesty  the  Emperor  of 
China,  believing  that  the  safety  and  prosperity  of  commerce  will 
thereby  best  be  promoted,  agree  that  any  privilege  or  immunity  in 
respect  to  trade  or  navigation  within  the  Chinese  dominions  which 
may  not  have  been  stipulated  for  by  treaty,  shall  be  subject  to  the 
discretion  of  the  Chinese  Government  and  may  be  regulated  by  it 
accordingly,  but  not  in  a manner  or  spirit  incompatible  with  the 
treat}’^  stipulations  of  the  parties. 

Article  III. 

The  Emperor  of  China  shall  have  the  right  to  appoint  Consuls  at 
ports  of  the  United  States,  who  shall  enjoy  the  same  privileges  and 
immunities  as  those  which  are  enjoyed  by  public  law  and  treaty  in  the 
United  States  by  the  Consuls  of  Great  Britain  and  Russia,  or  either 
of  them. 

Article  IV. 

The  twenty-ninth  article  of  the  treaty  of  the  eighteenth  of  June, 
1858,  having  stipulated  for  the  exemption  of  Christian  citizens  of 
the  United  States  and  Chinese  converts  from  persecutions  in  China 
on  account  of  their  faith,  it  is  further  agreed  that  citizens  of  the 
United  States  in  China  of  every  religious  persuasion,  and  Chinese 
subjects  in  the  United  States  shall  enjoy  entire  liberty  of  conscience, 
and  shall  be  exempt  from  all  disability  or  persecution  on  account  of 
their  religious  faith  or  worship  in  either  country.  Cemeteries  for 
sepulture  of  the  dead,  of  whatever  nativity  or  nationality,  shall  be 
held  in  respect  and  free  from  disturbance  or  profanation. 

Article  V. 

The  United  States  of  America  and  the  Emperor  of  China  cordially 
recognize  the  inherent  and  inalienable  right  of  man  to  change  his 
home  and  allegiance,  and  also  the  mutual  advantage  of  the  free  mi- 
gration and  emigration  of  their  citizens  and  subjects  respectively 
from  the  one  country  to  the  other  for  purposes  of  curiosity,  of  trade 
or  as  permanent  residents.  The  high  contracting  parties  therefore 
join  in  reprobating  any  other  than  an  entirely  voluntary  emigration 
for  these  purposes.  They  consequently  agreed  to  pass  laws  making 
it  a penal  otfence  for  a citizen  of  the  United  States  or  Chinese  sub- 
jects to  take  Chinese  subjects  either  to  the  United  States  or  to  any 
other  foreign  country,  or  for  a Chinese  subject  or  citizen  of  the 
United  States  to  take  citizens  of  the  United  States  to  China  or  to 
any  other  foreign  country  without  their  free  and  voluntary  consent, 
respectively. 


236 


TEEATIES,  CONVENTIONS,  ETC. 


Article  VI. 

Citizens  of  the  United  States  visiting  or  residing  in  China  shall 
enjoy  the  same  privileges,  immunities  or  exemptions  in  respect  to 
travel  or  residence  as  may  there  be  enjoyed  by  the  citizens  or  subjects 
of  the  most  favored  nation;  and,  reciprocally,  Chinese  subjects  visit- 
ing or  residing  in  the  United  States  shall  enjoy  the  same  privileges, 
immunities  and  exemptions  in  respect  to  travel  or  residence  as  may 
there  be  enjoyed  by  the  citizens  or  subjects  of  the  most  favored  nation. 
But  nothing  herein  contained  shall  be  held  to  confer  naturalization 
upon  citizens  of  the  United  States  in  China,  nor  upon  the  subjects  of 
Cliina  in  the  United  States. 


Article  VII. 

Citizens  of  the  United  States  shall  enjoy  all  the  privileges  of  the 
public  educational  institutions  under  the  control  of  the  Government 
of  China;  and,  reciprocally,  Chinese  subjects  shall  enjoy  all  the  priv- 
ileges of  the  public  educational  institutions  under  the  control  of  the 
Government  of  the  United  States,  which  are  enjoyed  in  the  respective 
countries  by  the  citizens  or  subjects  of  the  most  favored  nation.  The 
citizens  of  the  United  States  may  freely  establish  and  maintain 
schools  within  the  Empire  of  China  at  those  places  where  foreigners 
are  by  treaty  permitted  to  reside;  and  reciprocally,  Chinese  subjects 
may  enjoy  the  same  privileges  and  immunities  in  the  United  States. 

Article  VIII. 

The  United  States,  always  disclaiming  and  discouraging  all  prac- 
tices of  unnecessary  dictation  and  intervention  by  one  nation  in  the 
affairs  or  domestic  administration  of  another,  do  hereby  freely  dis- 
claim and  disavow  any  intention  or  right  to  intervene  in  the  domestic 
administration  of  China  in  regard  to  the  construction  of  railroads, 
telegrajihs  or  other  material  internal  improvements.  On  the  other 
hand.  His  Majesty  the  Emperor  of  China  reserves  to  himself  the 
right  to  decide  the  time  and  manner  and  circumstances  of  introducing 
such  improvements  within  his  dominions.  With  this  mutual  under- 
standing, it  is  agreed  by  the  contracting  parties  that  if  at  any  time 
hereafter  His  Imperial  Majesty  shall  determine  to  construct  or  cause 
to  be  constructed  works  of  the  character  mentioned,  within  the  em- 
pire, and  shall  make  apnlication  to  the  United  States  or  any  other 
western  power  for  facilities  to  carry  out  that  policy,  the  United 
States  will,  in  that  case,  designate  and  authorize  suitable  engineers 
to  be  employed  by  the  Chinese  Government,  and  will  recommend  to 
other  nations  an  equal  compliance  with  such  application,  the  Chinese 
Government  in  that  case  protecting  such  engineers  in  their  persons 
and  propert}'^  and  paying  them  a reasonable  compensation  for  their 
service. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  this 
treaty  and  thereto  affixed  the  seals  of  their  arms. 

Done  at  Washington  the  twenty-eighth  day  of  July,  in  the  year  of 
our  Lord,  one  thousand  eight  hundred  and  sixty-eight. 

[seal.]  William  H.  Seward. 

Anson  Burlingame. 
Chih-Kang. 

Sun  Chia-Ku. 


[seal.] 


CHINA 1880. 


237 


1880. 


Immigration  Treaty.® 

Concluded  November  17^  1880 ; ratification  advised  by  the  Senate  May 
5,  1881;  ratified  by  the  President  May  9,  1881;  ratifications  ex- 
changed July  19^  1881;  'proclaimed  October  5,  1881. 


Articles. 


I.  Suspension  of  Cbinese  immigra- 
tion. 

II.  Rights  of  Chinese  in  the  United 
States. 


III.  Protection  of  Chinese  in  the 

United  States. 

IV.  Notification  of  legislation;  ratifi- 

cation. 


lYliereas,  in  the  eighth  year  of  Ilsien  Feng,  anno  Domini  1858,  a 
treaty  of  peace  and  friendship  was  concluded  between  the  United 
States  of  America  and  China,  and  to  which  were  added,  in  the  seventh 
year  of  Tung  Chili,  Anno  Domini  1868,  certain  supplementary  articles 
to  the  advantage  of  both  parties,  which  supplementary  articles  were 
to  be  perpetually  observed  and  obeyed : — and 

lAdiereas  the  Government  of  the  United  States,  because  of  the  con- 
stantly increasing  immigration  of  Chinese  laborers  to  the  territory  of 
the  United  States,  and  the  embarrassments  consequent  upon  such  im- 
migration, now  desires  to  negotiate  a modification  of  the  existing 
Treaties  which  shall  not  be  in  direct  contravention  of  their  spirit : — 
Now,  therefore,  the  President  of  the  United  States  of  America  has 
appointed  James  B.  Angell,  of  Michigan,  John  F.  Swift,  of  Cali- 
fornia, and  William  Henry  Trescot,  of  South  Carolina  as  his  Com- 
missioners Plenipotentiary;  and  His  Imperial  Majesty,  the  Emperor 
of  China,  has  appointed  Pao  Chiin,  a member  of  His  Imperial 
Majesty’s  Prii^  Council,  and  Superintendent  of  the  Board  of  Civil 
Office;  and  Li  Hungtsao,  a member  of  His  Imperial  Majesty’s 
Privy  Council,  as  his  Commissioners  Plenipotentiary;  and  the  said 
Commissioners  Plenipotentiary,  having  conjointly  examined  their 
full  powers,  and  having  discussed  the  points  of  possible  modification 
in  existing  Treaties,  have  agreed  upon  the  following  articles  in 
modification. 


“ See  note  as  to  all  treaties  with  China,  page  196 ; also  treaty  of  1894. 
Federal -cases : Chew  Heong  v.  U.  S.  (112  U.  S.,  536),  Tick  Wo  v.  Hopkins 
(118  U.  S.,  356),  Baldwin  v.  Franks  (120  U.  S.,  678),  U.  S.  v.  Jung  Ah  Lung 
(124  U.  S.,  621),  Chae  Chan  Ping  v.  U.  S.  (130  U.  S.,  581),  Wan  Shing  v.  U.  S. 
(140  U.  S.,  424),  Ex  parte  Lau  Ow  Bew  (141  U.  S.,  583),  Lau  Ow  Bew  v.  U.  S. 
(144  U.  S.,  47),  Fong  Yue  Ting  v.  U.  S.  (149  U.  S.,  648),  In  re  Ah  Kee  (22  Blatch., 
520),  In  re  Ah  Lung  (9  Sawy.,  306),  In  re  Leong  Yick  Dew  (10  Sawy.,  38),  In 
re  Ah  Quan  (10  Sawy.,  222),  In  re  Shong  Toon  (10  Sawy.,  268),  In  re  Ah  Moy 
(10  Sawy.,  345),  In  re  Chew  Heong  (10  Sawy.,  361),  In  re  Quong  Woo  (13 
Fed.  Rep.,  229),  Case  of  Chinese  Merchant  (13  Fed.  Rep.,  605),  In  re  Moncan 
(14  Fed.  Rep.,  44),  In  re  Ho  King  (14  Fed.  Rep.,  724),  U.  S.  v.  Douglass  (17 
Fed.  Rep.,  634),  In  re  Chin  Ah  On  (18  Fed.  Rep.,  506),  In  re  Pong  Ah  Chee  (18 
Fed.  Rep.,  527),  In  re  Tung  Yeong  (19  Fed.  Rep..  184),  Case  of  Chinese  Wife 
(21  Fed.  Rep.,  785),  Case  of  Chinese  Laborer  (21  Fed.  Rep.,  791),  In  re  Ah 
Ping  (23  Fed.  Rep.,  329),  In  re  Chae  Chan  Ping  (36  Fed.  Rep.,  431),  In  re  Chung 
Toy  Ho  (42  Fed.  Rep.,  398),  U.  S.  v.  Ah  Fawn  (57  Fed.  Rep.,  591),  U.  S.  v. 
Yonk  Yew  (83  Fed.  Rep.,  832). 


238 


TREATIES,  CONVENTIONS,  ETC. 


Article  I. 

AMienever  in  the  opinion  of  the  Government  of  the  United  States, 
the  coming  of  Chinese  laborers  to  the  United  States,  or  their  residence 
therein,  atfects  or  threatens  to  affect  the  interests  of  that  country,  or 
to  endanger  the  good  order  of  the  said  country  or  of  any  locality 
within  the  territory  thereof,  the  Government  of  China  agrees  that  the 
Government  of  the  United  States  may  regulate,  limit,  or  suspend 
such  coming  or  residence,  but  may  not  absolutely  prohibit  it.  The 
limitation  or  suspension  shall  be  reasonable  and  shall  apply  only  to 
Chinese  who  may  go  to  the  United  States  as  laborers,  other  classes  not 
being  included  in  the  limitations.  Legislation  taken  in  regard  to 
Chinese  laborers  will  be  of  such  a character  only  as  is  necessary  to 
enforce  the  regulation,  limitation  or  suspension  of  immigration,  and 
immigrants  shall  not  be  subject  to  personal  maltreatment  or  abuse. 

Article  II. 

Chinese  subjects,  whether  jiroceeding  to  the  United  States  as 
teachers,  students,  merchants  or  from  curiosity,  together  with  their 
body  and  household  servants,  and  Chinese  laborers  who  are  now  in 
the  United  States  shall  be  allowed  to  go  and  come  of  their  own  free 
will  and  accord,  and  shall  be  accorded  all  the  rights,  privileges,  im- 
munities and  exemptions  which  are  accorded  to  the  citizens  and  sub- 
jects of  the  most  favored  nation. 

Article  III. 

If  Chinese  laborers,  or  Chinese  of  any  other  class,  now  either  per- 
manently or  temporarily  residing  in  the  territory  of  the  United 
States,  meet  with  ill  treatment  at  the  hands  of  any  other  persons,  the 
Government  of  the  United  States  will  exert  all  its  power  to  devise 
measures  for  their  protection  and  to  secure  to  them  the  same  rights, 
privileges,  immunities  and  exemptions  as  may  be  enjoyed  by  the  citi- 
zens or  subjects  of  the  most  favored  nation,  and  to  which  they  are 
entitled  by  treaty. 

Article  IV. 

The  high  contracting  Powers  having  agreed  upon  the  foregoing 
articles,  whenever  the  Government  of  the  United  States  shall  adopt 
legislative  measures  in  accordance  therewith,  such  measures  will  be 
communicated  to  the  Government  of  China.  If  the  measures  as  en- 
acted are  found  to  work  hardship  upon  the  subjects  of  China,  the 
Chinese  Minister  at  IVashington  may  bring  the  matter  to  the  notice 
of  the  Secretar}^  of  State  of  the  United  States,  who  will  consider  the 
subject  with  him;  and  the  Chinese  Foreign  Office  may  also  bring  the 
matter  to  the  notice  of  the  United  States  Minister  at  Peking  and 
consider  the  subject  with  him,  to  the  end  that  mutual  and  unqualified 
benefit  may  result. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  and 
sealed  the  foregoing  at  Peking  in  English  and  Chinese  being  three 
originals  of  each  text  of  even  tenor  and  date,  the  ratifications  of 
which  shall  be  exchanged  at  Peking  within  one  j’^ear  from  date  of  its 
execution. 


CHINA — 1880. 


239 


Done  at  Peking,  this  seventeenth  day  of  November,  in  the  year  of 
our  Lord,  1880.  Kuanghsii,  sixth  year,  tenth  moon,  fifteenth  day. 


[seal.] 

James  B.  Angell. 

[seal.] 

John  F.  Savift. 

[seal.] 

Wm.  Henry  Trescot. 

[seal.] 

Pao  Chun. 

[seal.] 

Li  Hungtsao. 

1880.“ 

Treaty  as  to  Commercial  Intercourse  and  Judicial  Procedure. 

Concluded  November  17^  1880;  ratification  advised  by  the  Senate 

May  J,  1881 ; ratified  by  the  President  May  9,  1881;  ratifications 

exchanged  July  19^  1881;  proclaimed  October  5,  1881. 

Articles. 

I.  Commercial  relations.  I III.  Equality  of  duties. 

II.  Importation  of  opium  forbidden.  | IV.  Trials  of  actions  in  China. 

The  President  of  the  United  States  of  America  and  His  Imperial 
Majesty  the  Emperor  of  China,  because  of  certain  points  of  incom- 
pleteness in  the  existing  treaties  between  the  two  governments,  have 
named  as  their  commissioners  plenipotentiary,  that  is  to  say : 

The  President  of  the  United  States,  James  B.  Angell  of  Michigan, 
John  F.  Swift  of  California,  and  William  Henry  Trescot  of  South 
Carolina ; 

His  Imperial  Majesty,  the  Emperor  of  China,  Pao  Chiin,  a member 
of  His  Imperial  Majesty’s  privy  council  and  Superintendent  of  the 
board  of  civil  office,  and  Li  Hungtsao,  a member  of  His  Imperial 
Majesty’s  privy  council,  who  have  agreed  upon  and  concluded  the 
following  additional  articles : 

Article  I. 

The  Governments  of  the  United  States  and  China,  recognizing  the 
benefits  of  their  past  commercial  relations,  and  in  order  still  further 
to  promote  such  relations  between  the  citizens  and  subjects  of  the 
two  powers,  mutually  agree  to  give  the  most  careful  and  favorable 
attention  to  the  representations  of  either  as  to  such  special  extension 
of  commercial  intercourse  as  either  may  desire. 

Article  II. 

The  Governments  of  China  and  of  the  United  States  mutually 
agree  and  undertake  that  Chinese  subjects  shall  not  be  permitted 
to  import  opium  into  any  of  the  ports  of  the  United  States ; and  citi- 
zens of  the  United  States  shall  not  be  permitted  to  import  opium 
into  any  of  the  open  ports  of  China;  to  transport  it  from  one  open 
port  to  any  other  open  port ; or  to  buy  and  sell  opium  in  any  of  the 
open  ports  of  China.  This  absolute  prohibition,  which  extends  to 


“ See  note  as  to  all  treaties  with  China,  page  196. 


240 


TREATIES,  CONVENTIONS,  ETC. 


vessels  owned  by  the  citizens  or  subjects  of  either  power,  to  foreign 
vessels  employed  by  them,  or  to  vessels  owned  by  the  citizens  or  sub- 
jects of  either  power  and  employed  by  other  persons  for  the  trans- 
portation of  opium,  shall  be  enforced  by  appropriate  legislation  on 
the  part  of  China  and  the  United  States;  and  the  benefits  of  the 
favored  nation  clause  in  existing  treaties  shall  not  be  claimed  by  the 
citizens  or  subjects  of  either  power  as  against  the  provisions  of  this 
article. 

Article  III. 

His  Imperial  Majesty  the  Emperor  of  China  hereby  promises  and 
agrees  that  no  other  kind  or  higher  rate  of  tonnage  dues,  or  duties 
for  imiDorts  or  exports,  or  coastwise  trade  shall  be  imposed  or  levied 
in  the  open  ports  of  China  upon  vessels  wholly  belonging  to  citizens 
of  the  United  States;  or  upon  the  produce,  manufactures  or  mer- 
chandise imported  in  the  same  from  the  United  States;  or  from  any 
foreign  country;  or  upon  the  produce,  manufactures  or  merchandise 
exported  in  the  same  to  the  United  States  or  to  any  foreign  country ; 
or  transported  in  the  same  from  one  open  port  of  China  to  another, 
than  are  imposed  or  levied  on  vessels  or  cargoes  of  any  other  nation 
or  on  those  of  Chinese  subjects. 

The  United  States  hereby  promise  and  agree  that  no  other  kind  or 
higher  rate  of  tonnage-dues  or  duties  for  imports  shall  be  imposed 
or  levied  in  the  ports  of  the  United  States  upon  vessels  wholly  be- 
longing to  the  subjects  of  His  Imperial  Majesty  and  coming  either 
directly  or  by  way  of  any  foreign  port,  from  any  of  the  ports  of 
China  which  are  open  to  foreign  trade,  to  the  ports  of  the  United 
States;  or  returning  therefrom  either  directly  or  by  way  of  any  for- 
eign port,  to  any  of  the  open  ports  of  China ; or  upon  the  produce, 
manufactures  cr  merchandise  imported  in  the  same  from  China  or 
from  any  foreign  country,  than  are  imposed  or  levied  on  vessels  of 
other  nations  which  make  no  discrimination  against  the  United 
States  in  tonnage-dues  or  duties  on  imports,  exports  or  coastwise 
trade;  cr  than  are  imposed  or  levied  on  vessels  and  cargoes  of  citizens 
of  the  United  States. 


Article  IV. 

Wlien  controversies  arise  in  the  Chinese  Empire  between  citizens 
of  the  United  States  and  subjects  of  His  Imperial  Majesty,  which 
need  to  be  examined  and  decided  by  the  public  officers  of  the  two 
nations,  it  is  agreed  between  the  Governments  of  the  United  States 
and  China  that  such  cases  shall  be  tried  by  the  proper  olficial  of  the 
nationality  of  the  defendant.  The  properly  authorized  official  of 
the  plaintiff’s  nationality  shall  be  freely  pei’mitted  to  attend  the 
trial  and  shall  be  treated*  with  the  courtesy  due  to  his  position.  He 
shall  be  granted  all  proper  facilities  for  watching  the  proceedings  in 
the  interests  of  justice.  If  he  so  desires,  he  shall  have  the  right  to 
present,  to  examine  and  to  cross-examine  witnesses.  If  he  is  dissatis- 
fied with  the  proceedings,  he  shall  be  permitted  to  protest  against 
them  in  detail.  The  law  administered  will  be  the  law  of  the  nation- 
ality of  the  officer  trying  the  case. 

In  faith  whereof  the  respective  plenipotentiaries  have  signed  and 
sealed  the  foregoing  at  Peking  in  English  and  Chinese,  being  three 


CHINA — 1880-1894. 


241 


originals  of  each  text,  of  even  tenor  and  date,  the  ratifications  of 
which  shall  be  exchanged  at  Peking  within  one  year  from  the  date 
of  its  execution. 

Done  at  Peking  this  seventeenth  day  of  November,  in  the  year  of 
our  Lord,  1880,  Kuanghsii,  sixth  year,  tenth  moon,  fifteenth  day. 


[seal.] 

James  B.  Angell. 

[seal.] 

John  F.  Savift. 

[seal.] 

Wm.  Henry  Trescot. 

[seal.] 

Pao  Chun. 

[seal.] 

Li  Hungtsao. 

1894.“ 

Convention  Regulating  Chinese  Immigration.*' 


Concluded  March  i7, 1894;  ratification  advised  hy  the  Senate  August 
13^  1894;  ratified  hy  the  President  August  1894;  ratifications 
exchanged  December  7, 1894;  proclaimed  December  8, 1894- 


.Articles. 


I.  Immigration  of  Chinese  laborers 
prohibited  for  ten  years. 

II.  Regulations  for  return  to  the 
United  States. 

III.  Classes  of  Chinese  not  affected. 


IV.  Protection  of  Chinese  in  the  United 
States. 

V.  Registration  of  citizens  in  China. 

VI.  Duration. 


IVliereas,  on  the  day  of  November  A.  D.  1880,  and  of 

Kwanghsii,  the  sixth  year,  tenth  moon,  fifteenth  day,  a Treaty  was 
concluded  between  the  United  States  and  China  for  the  purpose  of 
regulating,  limiting,  or  suspending  the  coming  of  Chinese  laborers  to, 
and  their  residence  in,  the  United  States; 

And  whereas  the  Government  of  China,  in  view  of  the  antagonism 
and  much  deprecated  and  serious  disorders  to  which  the  presence  of 
Chinese  laborers  has  given  rise  in  certain  parts  of  the  United  States, 
desires  to  prohibit  the  emigration  of  such  laborers  from  China  to  the 
United  States; 

And  whereas  the  two  Governments  desire  to  co-operate  in  prohibit- 
ing such  immigration,  and  to  strengthen  in  other  ways  the  bonds  of 
friendship  between  the  two  countries; 

And  whereas  the  two  Governments  are  desirous  of  adopting  recip- 
rocal measures  for  the  better  protection  of  the  citizens  or  subjects  of 
each  within  the  jurisdiction  of  the  other; 

Now,  therefore,  the  President  of  the  United  States  has  appointed 
Walter  Q.  Gresham,  Secretary  of  State  of  the  United  States,  as  his 
Plenipotentiary,  and  His  Imperial  Majesty,  the  Emperor  of  China 
has  appointed  Yang  Yii,  OlRcer  of  the  second  rank,  Sub-Director  of 
the  Court  of  Sacrificial  Worship,  and  Envoy  Extraordinary  and  Min- 
ister Plenipotentiary  to  the  United  States  of  America,  as  his  Pleni- 


“This  treaty  terminated  December  7,  1904,  on  notice  given  by  the  Chinese 
Government. 

'•Lin  Hop  Feng  v.  U.  S.  (209  U.  S.,  453),  U.  S.  v.  Chun  Hoy  (11  Fed.  Rep., 
899),  In  re  Yung  (111  Fed.  Rep.,  998),  U.  S.  v.  Lee  (113  Fed.  Rep.,  465),  In  re 
Ong  Lung  (125  Fed.  Rep.,  814),  Hong  Wing  v.  U.  S.  (142  Fed.  Rep.,  128). 

24449— VOL  1—10 16 


242 


TREATIES,  CONVENTIONS,  ETC. 


potentiary;  and  the  said  Plenipotentiaries  having  exhibited  their 
respective  Full  Powers  found  to  be  in  due  and  good  form,  have  agreed 
upon  the  following  articles: 


Article  I. 

The  High  Contracting  Parties  agree  that  for  a period  of  ten  years, 
beginning  with  the  date  of  the  exchange  of  the  ratifications  of  this 
Convention,  the  coining,  exce^Dt  under  the  conditions  hereinafter 
specified,  of  Chinese  laborers  to  the  United  States  shall  be  absolutely 
prohibited. 

Article  II. 

The  preceding  Article  shall  not  apply  to  the  return  to  the  United 
States  of  any  registered  Chinese  laborer  who  has  a lawful  wife,  child, 
or  parent  in  the  United  States,  or  property  therein  of  the  value  of 
one  thousand  dollars,  or  debts  of  like  amount  due  him  and  pending 
settlement.  Nevertheless  every  such  Chinese  laborer  shall,  before 
leaving  the  United  States,  deposit,  as  a condition  of  his  return,  with 
the  collector  of  customs  of  the  district  from  which  he  departs,  a full 
description  in  writing  of  his  family,  or  property,  or  debts,  as  afore- 
said, and  shall  be  furnished  by  said  collector  with  such  certificate  of 
his  right  to  return  under  this  Treaty  as  the  laws  of  the  United  States 
may  now  or  hereafter  prescribe  and  not  inconsistent  with  the  pro- 
visions of  this  TreaU;  and  should  the  written  description  aforesaid 
be  jiroved  to  be  false,  the  right  of  return  thereunder,  or  of  continued 
residence  after  return,  shall  in  each  case  be  forfeited.  And  such  right 
of  return  to  the  United  States  shall  be  exercised  within  one  year  from 
the  date  of  leaving  the  United  States;  but  such  right  of  return  to  the 
United  States  may  be  extended  for  an  additional  period,  not  to  exceed 
one  year,  in  cases  where  by  reason  of  sickness  or  other  cause  of  dis- 
ability beyond  his  control,  such  Chinese  laborer  shall  be  rendered 
unable  sooner  to  return — which  facts  shall  be  fully  reported  to  the 
Chinese  consul  at  the  port  of  departure,  and  by  him  certified,  to 
the  satisfaction  of  the  collector  of  the  port  at  which  such  Chinese 
subject  shall  land  in  the  United  States.  And  no  such  Chinese  laborer 
shall  be  permitted  to  enter  the  United  States  by  land  or  sea  without 
producing  to  the  proper  officer  of  the  customs  the  return  certificate 
herein  required. 


Article  III. 

The  provisions  of  this  Convention  shall  not  affect  the  right  at  pres- 
ent enjoyed  of  Chinese  subjects,  being  officials,  teachers,  students, 
merchants  or  travellers  for  curiosity  or  pleasure,  but  not  laborers,  of 
coming  to  the  United  States  and  residing  therein.  To  entitle  such 
Chinese  subjects  as  are  above  described  to  admission  into  the  United 
States,  they  may  produce  a certificate  from  their  Government  or  the 
Government  where  they  last  resided  visGl  by  the  diplomatic  or  con- 
sular rejiresentative  of  the  United  States  in  the  country  or  port 
whence  they  dejiart. 

It  is  also  agreed  that  Chinese  laborers  shall  continue  to  enjoy  the 
privilege  of  transit  across  the  territory  of  the  United  States  in  the 


CHINA 1894. 


243 


course  of  their  journey  to  or  from  other  countries,  subject  to  such 
regulations  by  the  Government  of  the  United  States  as  may  be  neces- 
sary to  prevent  said  privilege  of  transit  from  being  abused. 

Article  IV. 

In  pursuance  of  Article  III  of  the  Immigration  Treaty  between  the 
United  States  and  China,  signed  at  Peking  on  the  17‘*'  day  of  Novem- 
ber, 1880,  (the  15^**  day  of  the  tenth  month  of  Kwanghsii,  sixth  year) 
it  is  hereby  understood  and  agreed  that  Chinese  laborers  or  Chinese 
of  any  other  class,  either  permanently  or  temporarily  residing  in  the 
United  States,  shall  have  for  the  protection  of  their  persons  and 
property  all  rights  that  are  given  by  the  laws  of  the  United  States  to 
citizens  of  the  most  favored  nation,  excepting  the  right  to  become 
naturalized  citizens.  And  the  Government  of  the  United  States  reaf- 
firms its  obligation,  as  stated  in  said  Article  III,  to  exert  all  its  power 
to  secure  protection  to  the  persons  and  property  of  all  Chinese  sub- 
jects in  the  United  States. 

Article  V. 

The  Government  of  the  United  States,  having  by  an  Act  of  the 
Congress,  approved  May  5,  1892,  as  amended  by  an  Act  approved 
November  3,  1893,  required  all  Chinese  laborers  lawfuly  within  the 
limits  of  the  United  States  before  the  passage  of  the  first  named  Act 
to  be  registered  as  in  said  Acts  provided,  with  a view  of  affording 
them  better  protection,  the  Chinese  Government  will  not  object  to 
the  enforcement  of  sucb  acts,  and  reciprocally  the  Government  of  the 
United  States  recognizes  the  right  of  the  Government  of  China  to 
enact  and  enforce  similar  laws  or  regulations  for  the  registration,  free 
of  charge,  of  all  laborers,  skilled  or  unskilled,  (not  merchants  as 
defined  by  said  Acts  of  Congress),  citizens  of  the  United  States  in 
China,  whether  residing  within  or  without  the  treaty  ports. 

And  the  Government  of  the  United  States  agrees  that  within  twelve 
months  from  the  date  of  the  exchange  of  the  ratifications  of  this  Con- 
vention, and  annually,  thereafter,  it  will  furnish  to  the  Government 
of  China  registers  or  reports  showing  the  full  name,  age,  occupation, 
and  number  or  place  of  residence  of  all  other  citizens  of  the  United 
States,  including  missionaries,  residing  both  within  and  without  the 
treaty  ports  of  China,  not  including,  however,  diplomatic  and  other 
officers  of  the  United  States  residing  or  travelling  in  China  upon 
official  business,  together  with  their  body  and  household  servants. 

Article  VI. 

This  Convention  shall  remain  in  force  for  a period  of  ten  years 
beginning  with  the  date  of  the  exchange  of  ratifications,  and,  if  six 
months  before  the  expiration  of  the  said  period  of  ten  years,  neither 
Government  shall  have  formally  given  notice  of  its  final  termination 
to  the  other,  it  shall  remain  in  full  force  for  another  like  period  of  ten 
years. 

In  faith  whereof,  we,  the  respective  plenipotentiaries,  have  signed 
this  Convention  and  have  hereunto  affixed  our  seals. 

Done,  in  duplicate,  at  Washington,  the  17**^  day  of  March,  A.  D.  1894. 

Walter  Q.  Gresham  [seal.] 
Yang  Yu.  [seal.] 


244 


TREATIES,  CONVENTIONS,  ETC. 


1899. 

Open-door  Policy  in  China. 

Message  from  the  President  of  the  United  States,  transmitting  a 
report  from  the  Secretary  of  State,  with  copies  of  correspondence 
with  various  foreign  governments  concerning  American  commer- 
cial rights  in  China. 

To  the  House  of  Re presentatives : 

In  resjionse  to  the  resolution  of  the  House  of  Representatives  of 
March  24,  1900,  reading  as  follows: 

Whereas  the  commercial  community  of  the  United  States  is  deeply  interested 
in  ascertaining  the  conditions  which  are  to  govern  trade  in  such  parts  of  the 
Chinese  Empire  as  are  claimed  by  various  foreign  powers  to  be  within  their 
“ areas  of  interest ; ” and 

Whereas  bills  are  now  pending  before  both  Houses  of  Congress  for  the  dis- 
patch of  a mission  to  China  to  study  its  economic  conditions : Therefore,  be  it 
Resolved,  That  the  Pi’esident  of  the  United  States  be  requested  to  transmit  to 
the  House  of  Representatives,  if  not  incompatible  with  the  public  service,  such 
correspondence  as  may  have  passed  between  the  Department  of  State  and 
various  foreign  governments  concerning  the  maintenance  of  the  “ open-door  ” 
policy  in  China, 

T transmit  herewith  a rejicrt  from  the  Secretary  of  State,  with  accom- 
panying papers. 

William  McKinley. 

Executive  Mansion, 

Washingto7i,  March  27,,  1900. 


The  President: 

The  undersigned,  the  Secretary  of  State,  has  the  honor  to  transmit 
herewith,  as  called  for  by  the  resolution  of  the  House  of  Representa- 
tives of  March  24,  1900,  copies  of  correspondence  which  has  passed 
between  the  Department  of  State  and  the  Governments  of  France, 
Germany,  Great  Britain,  Italy,  Japan,  and  Russia  concerning  Ameri- 
can commercial  rights  in  China. 

Respectfullj^  submitted. 

John  Hay. 

Department  of  State, 

Washington,  March  26,  1900. 


CORRRSHONDENCR  COVCE’/fV/VG  AMERICAN  COMMERCIAL  RIGHTS 

IN  CHINA. 

FRANCE. 


Mr.  Hay  to  Mr.  Yignaud. 

Department  of  State, 

W ashington,  September  6,  1899. 

Sir:  I have  to  inclose,  for  your  confidential  information,  copies  of 
instructions  I have  sent  under  this  date  to  the  United  States  ambassa- 


CHINA — 1899. 


245 


dors  at  London,  Berlin,  and  St.  Petersburg  in  reference  to  the  desire 
of  this  Government  that  the  Governments  of  Great  Britain,  Germany, 
and  Russia  make  formal  declaration  of  an  “ open-door  ” policy  in  the 
territories  held  by  them  in  China. 

I am,  etc.,  John  Hay. 

(Inclosures:)  To  London,  No.  205,  September  6,  1899;  to  Berlin, 
No.  927,  September  6,  1899;  to  St.  Petersburg,  No.  82,  September  6, 
1899. 


Mr.  Hay  to  Mr.  Porter. 

[Telegram.] 

Department  of  State, 

W ashington.^  November  ^7,  1899. 

Porter,  Ambassador,  Paris: 

Informally  submit  to  French  Government  form  of  declaration  out- 
lined in  inclosures  with  instruction  No.  664  September  6,  and  ask 
whether  France  will  ioin. 

Hay. 


Mr.  Delcasse.  to  Mr.  Porter. 

Particulier.]  Affaires  Etrangeres. 

[Received  at  United  States  embassy  at  Paris  December  16,  1899.] 

Mon  CHER  Ambassadeur:  Je  trouve  votre  mot  en  rentrant.  Des 
declarations  que  j’ai  apportees  a la  tribune  de  la  Chambre  le  24 
Novembre  dernier  et  que  j’ai  eu  depuis  I’occasion  de  vous  rappeler,  se 
d%age  clairement  le  sentiment  du  Gouvernement  de  la  Republique; 
il  desire  dans  toute  la  Chine,  et,  sous  la  reserve  toute  naturelle  que 
toutes  les  puissances  interessees  affirmeront  leur  volonte  d’agir  de 
meme,  il  est  pret  a appliquer  dans  les  territoires  qui  sont  cedes  a bail, 
un  traitement  egal  pour  les  citoyens  et  sujets  de  toutes  les  nations, 
notamment  en  ce  qui  concerne  les  taxes  douanieres  et  de  navigation 
ainsi  que  les  tarifs  de  transport  par  chemins  de  fer. 

Je  vous  prie,  mon  cher  Ambassadeur,  d’agreer  avec  la  nouvelle 
expression  de  mes  sentiments  devoues  I’assurance  de  ma  plus  haute 
consideration. 

Delcasse. 


[Translation.] 

Foreign  Affairs. 

My  Dear  Ambassador  : I find  your  note  awaiting  me  on  my  return. 
The  declarations  which  I made  in  the  Chamber  on  the  24th  of  Novem- 
ber last,  and  which  I have  had  occasion  to  recall  to  you  since  then, 
show  clearly  the  sentiments  of  the  Government  of  the  Republic.  It 
desires  throughout  the  whole  of  China  and,  with  the  quite  natural 
reservation  that  all  the  powers  interested  give  an  assurance  of  their 


246 


TREATIES,  CONVENTIONS,  ETC. 


willingness  to  act  likewise,  is  ready  to  apply  in  the  territories  which 
are  leased  to  it,  equal  treatment  to  the  citizens  and  subjects  of  all 
nations,  especially  in  the  matter  of  customs  duties  and  navigation 
dues,  as  well  as  transportation  tariffs  on  railwaj^s. 

I beg  you,  my  dear  ambassador,  to  accept,  etc. 

Delcasse. 


GERMANY. 

Mr.  Hay  to  Mr.  White. 

Department  of  State, 
Washington.,  September  6,  1899. 

Sir:  At  the  time  when  the  Government  of  the  United  States  was 
informed  by  that  of  Germany  that  it  had  leased  from  His  Majesty  the 
Emperor  of  China  the  port  of  Kiao-chao  and  the  adjacent  territory  in 
the  province  of  Shantung,  assurances  were  given  to  the  ambassador  of 
the  United  States  at  Berlin  by  the  Imperial  German  minister  for 
foreign  affairs  that  the  rights  and  privileges  insured  by  treaties  with 
China  to  citizens  of  the  United  States  wmuld  not  thereby  suffer  or  be 
in  anywise  impaired  within  the  area  over  which  Germany  had  thus 
obtained  control. 

More  recently,  however,  the  British  Government  recognized  by  a 
formal  agreement  with  Germany  the  exclusive  right  of  the  latter 
country  to  enjoy  in  said  leased  area  and  the  contiguous  “ sphere  of  in- 
fluence or  interest  ” certain  privileges,  more  esiiecially  those  relating 
to  railroads  and  mining  enterprises;  but,  as  the  exact  nature  and  ex- 
tent of  the  rights  thus  recognized  have  not  been  clearly  defined,  it  is 
possible  that  serious  conflicts  of  interest  may  at  any  time  arise,  not 
only  between  British  and  German  subjects  within  said  area,  but  that 
the  interests  of  our  citizens  may  also  be  jeopardized  thereby. 

Earnestly  desirous  to  remove  any  cause  of  irritation  and  to  insure 
at  the  same  time  to  the  commerce  of  all  nations  in  China  the  un- 
doubted benefits  which  should  accrue  from  a formal  recognition  by 
the  various  powers  claiming  “■  sjiheres  of  interest  ” that  they  shall  en- 
joy perfect  equality  of  treatment  for  their  commerce  and  navigation 
within  such  “ spheres,”  the  Government  of  the  United  States  would  be 
pleased  to  see  His  German  Majesty’s  Government  give  formal  assur- 
ances and  lend  its  cooperation  in  securing  like  assurances  from  the 
other  interested  powers  that  each  within  its  respective  sphere  of  what- 
ever influence — 

First.  Will  in  no  way  interfere  with  any  treaty  port  or  anj'^  vested 
interest  within  any  so-called  “ sphere  of  interest  ” or  leased  territory 
it  ma}^  have  in  China. 

Second.  That  the  Chinese  treaty  tariff  of  fhe  time  being  shall  apply 
to  all  merchandise  landed  or  shipped  to  all  such  ports  as  are  within 
said  “ sphere  of  interest  ” (unless  they  be  “ free  ports  ”),  no  matter  to 
what  nationality  it  may  belong,  and  that  duties  so  leviable  shall  be 
collected  bv  the  Chinese  Government. 

Tliird.  That  it  will  levy  no  higher  harbor  dues  on  vessels  of  another 
nationality  frequenting  any  port  in  such  “ sphere  ” than  shall  be  levied 


CHINA 1899, 


247 


on  vessels  of  its  own  nationality,  and  no  higher  railroad  charges  over 
lines  built,  controlled,  or  operated  within  its  “ sphere  ” on  merchan- 
dise belonging  to  citizens  or  subjects  of  other  nationalities  transported 
through  such  “ sphere  ” than  shall  be  levied  on  similar  merchandise 
belonging  to  its  own  nationals  transported  over  equal  distances. 

The  liberal  policy  pursued  by  His  Imperial  German  Majesty  in 
declaring  Kiao-chao  a free  port  and  in  aiding  the  Chinese  Govern- 
ment in  the  establishment  there  of  a custom-house  are  so  clearly  in 
line  with  the  proposition  which  this  Government  is  anxious  to  see 
recognized  that  it  entertains  the  strongest  hope  that  Germany  will 
give  its  acceptance  and  hearty  support. 

The  recent  ukase  of  His  Majesty  the  Emperor  of  Russia  declaring 
the  port  of  Ta-lien~wan  open  during  the  whole  of  the  lease  under 
which  it  is  held  from  China,  to  the  merchant  ships  of  all  nations,  cou- 
pled with  the  categorical  assurances  made  to  this  Government  by  His 
Imperial  Majesty’s  representative  at  this  capital  at  the  time,  and  since 
repeated  to  me  by  the  present  Russian  ambassador,  seem  to  insure  the 
support  of  the  Emperor  to  the  proposed  measure.  Our  ambassador 
at  the  Court  of  St.  Petersburg  has,  in  consequence,  been  instructed  to 
submit  it  to  the  Russian  Government  and  to  request  their  early  con- 
sideration of  it.  A copy  of  my  instruction  on  the  subject  to  Mr. 
Tower  is  herewith  inclosed  for  your  confidential  information. 

The  commercial  interests  of  Great  Britain  and  Japan  will  be  so 
clearly  served  by  the  desired  declaration  of  intentions,  and  the  views 
of  the  Governments  of  these  countries  as  to  the  desirability  of  the 
adoption  of  measures  insuring  the  benefits  of  equality  of  treatment  of 
all  foreign  trade  throughout  China  are  so  similar  to  those  entertained 
by  the  United  States,  that  their  acceptance  of  the  propositions  herein 
outlined  and  their  cooperation  in  advocating  their  adoption  by  the 
other  powers  can  be  confidently  expected.  I inclose  herewith  copy  of 
the  instruction  which  I have  sent  to  Mr.  Choate  on  the  subject. 

In  view  of  the  present  favorable  conditions,  you  are  instructed  to 
submit  the  above  considerations  to  His  Imperial  German  Majesty’s 
minister  for  foreign  afi'airs,  and  to  request  his  early  consideration  of 
the  subject. 

Copy  of  this  instruction  is  sent  to  our  ambassadors  at  London  and 
at  St.  Petersburg  for  their  information. 

I have,  etc.,  John  Hay. 

(Inclosures:)  To  London,  September  6,  1899,  No.  205;  to  St. 
Petersburg,  September  6,  1899,  No.  82. 


Mr.  Jackson  to  Mr.  Hay. 


[Telegram.] 

Embassy  of  the  United  States, 

Berlin.,  December  J,  1899. 

I have  just  had  a conversation  with  secretary  of  state  for  foreign 
affairs,  who  stated  that  the  politics  of  Germany  in  the  extreme  Orient 
are  de  facto  the  politics  of  the  open  door,  and  Germany  proposes  to 
maintain  this  principle  in  the  future.  Germany  does  not  wish  the 


248 


TREATIES,  CONVENTIONS,  ETC. 


question  to  become  the  subject  of  controversy  between  the  different 
powers  engaged  in  China.  She  thinks  it  would  be  advantageous  for 
the  United  States  Government  to  confer  with  other  European  govern- 
ments having  interests  in  China.  If  the  other  cabinets  adhere  to  the 
proposal  of  the  United  States  Government  Germany  will  raise  no 
objection,  and  Germany  is  willing  to  have  the  Government  of  the 
United  States  inform  these  other  cabinets  that  no  difficulty  will  come 
from  her  if  the  other  cabinets  agree. 

Jackson,  Charge. 


Count  von  Billow  to  Mr.  White. 

Auswartiges  Amt, 
Berlin.,  den  19  Fehruar,  1900. 

Herr  Botschafter  : Eure  Excellenz  batten  mir  mittelst  eines  am 
24.  V.  M.  hier  iibergebenen  Memorandums  mitgetheilt,  dass  die  Regie- 
rung  der  Vereinigten  Staaten  von  Amerika  von  alien  Machten,  an 
welche  eine  gleiche  Anfrage  Avie  in  Eurer  Excellenz  Schreiben  vom 
26.  September  v.  J.,  betreffend  die  Politik  der  offenen  Thiir  in 
China,  ergangen  war,  zufriedenstellende  schriftliche  Antworten  er- 
halten  habe.  Eure  Excellenz  batten  unter  Hinweis  hierauf  den 
Wunsch  ausgedriickt,  dass  nunmhr  auch  die  Kaiserliche  Eegierung 
ihre  Antwort  in  schriftlicher  Form  ertheilen  mdge. 

Indem  ich  diesen  Wunsche  gern  entspreche,  beehre  ich  mich  in 
Wiederholung  bereits  miindlich  ertheilter  Aufschliisse  Folgendes  zu 
Eurer  Excellenz  Kenntniss  zu  bringen:  Wie  die  Regierung  der  Ver- 
einigten Staaten  von  Amerika  nach  Eurer  Excellenz  erwahntem 
Schreiben  A'om  26.  September  v.  J.  anerkannt,  hat  die  Kaiserliche 
Regierung  in  ihrem  chinesischen  Besitz  den  Grundsatz  volliger 
Gleichbehandlung  aller  Nationen  in  Bezug  auf  Handel,  Schifffahrt 
und  Verkehr  von  Anfang  an  nicht  allein  aufgestellt,  sondern  auch 
praktisch  im  weitesten  Umfange  durchgefiihrt.  Die  Kaiserliche 
Regierung  hegt  nicht  die  Absicht  von  diesem  Grundsatz,  welche  jede 
Avirthschaftliche  Benachtheiligung  oder  Zuriicksetzung  von  Ange- 
horigen  der  Vereinigten  Staaten  Amn  Amerika  Amn  A’ornherein  aus- 
schliesst,  in  Zukunft  abzugehen,  so  lange  sie  nicht  durch  abweichendes 
Verhalten  anderer  Regierungen  aus  Reciprocitatsriicksichten  hierzu 
genothigt  werden  sollte.  Wenn  daher  die  iibrigen,  an  der  wirthschaft- 
lichen  Erschliessung  des  chinesischen  Reichs  interessirten  ISIachte  sich 
zur  Durchfiihrung  gleicher  Grundsiitze  bekennen  AA’ollen,  so  kann  dies 
der  Kaiserlichen  Regierung  nur  erAvunscht  sein  und  sie  wird  in  diesem 
Falle  auf  Wunsch  ihrerseits  gern  bereit  sein,  sich  mit  den  Vereinigten 
Staaten  von  Amerika  und  den  iibrigen  INIiichten  an  einer  in  diesem 
Sinne  zu  treffenden  Vereinbarung  zu  betheiligen,  durch  welche  wech- 
selseitig  die  gleichen  Rechte  geAviihrt  werden. 

Ich  benutze  die  Gelegenheit  um  Eurer  Excellenz  die  Versicherung 
meiner  ausgezeichnetsten  Hochachtung  zu  erneuern. 

Buloav. 


CHINA 1899. 


249 


[Translation.] 

Foreign  Office, 
Berlin^  February  19, 1900. 

Mr.  Ambassador  : Your  excellency  informed  me,  in  a memorandum 
presented  on  the  24tli  of  last  month,  that  the  Government  of  the 
United  States  of  America  had  received  satisfactory  written  replies 
from  all  the  powers  to  which  an  inquiry  had  been  addressed  similar  to 
that  contained  in  your  excellency’s  note  of  September  26  last,  in  re- 
gard to  the  policy  of  the  open  door  in  China.  While  referring  to 
this  your  excellency  thereupon  expressed  the  wish  that  the  Imperial 
Government  would  now  also  give  its  answer  in  writing. 

Gladly  complying  with  this  wish  I have  the  honor  to  inform  your 
excellency,  repeating  the  statements  already  made  verbally,  as  fol- 
lows: As  recogmized  by  the  Government  of  the  United  States  of 
America,  according  to  your  excellency’s  note  referred  to  above,  the 
Imperial  Government  has  from  the  beginning  not  only  asserted  but 
also  practically  carried  out  to  the  fullest  extent  in  its  Chinese  posses- 
sions absolute  equality  of  treatment  of  all  nations  with  regard  to 
trade,  navigation,  and  commerce.  The  Imperial  Government  enter- 
tains no  thought  of  departing  in  the  future  from  this  principle,  which 
at  once  excludes  any  prejudicial  or  disadvantageous  commercial  treat- 
ment of  the  citizens  of  the  United  States  of  America,  so  long  as  it  is 
not  forced  to  do  so,  on  account  of  considerations  of  reciprocity,  by  a 
divergence  from  it  by  other  governments.  If,  therefore,  the  other 
powers  interested  in  the  industrial  development  of  the  Chinese  Em- 
pire are  willing  to  recognize  the  same  principles,  this  can  only  be 
desired  by  the  Imperial  Government,  which  in  this  case  upon  being 
requested  will  gladly  be  ready  to  participate  with  the  United  States 
of  America  and  the  other  powers  in  an  agreement  made  upon  these 
lines,  by  which  the  same  rights  are  reciprocally  secured. 

I avail  myself,  etc.,  Btinow. 


GREAT  BRITAIN. 

Mr.  Choate  to  Lord  Salisbury. 

Embassy  of  the  United  States, 

London,  September  22, 1899. 

My  Lord  : I am  instructed  by  the  Secretary  of  State  to  present  to 
your  lordship  a matter  which  the  President  regards  as  of  great  and 
equal  importance  to  Great  Britain  and  the  United  States— in  the 
maintenance  of  trade  and  commerce  in  the  East,  in  which  the  interest 
of  the  two  nations  differs,  not  in  character,  but  in  degree  only — and 
to  ask  for  action  on  the  part  of  Her  Majesty’s  Government  which  the 
President  conceives  to  be  in  exact  accord  with  its  uniformly  declared 
policy  and  traditions,  and  which  will  greatly  promote  the  welfare  of 
commerce. 

He  understands  it  to  be  the  settled  policy  and  purpose  of  Great 
Britain  not  to  use  any  privileges  which  may  be  granted  to  it  in  China 
as  a means  of  excluding  any  commercial  rivals,  and  that  freedom  of 


250 


TREATIES,  CONVENTIONS,  ETC. 


trade  for  it  in  that  Empire  means  freedom  of  trade  for  all  the  world 
alike.  Her  Majesty’s  Government,  while  conceding  by  formal  agree- 
ments with  Germany  and  Eussia  the  possession  of  “ spheres  of  influ- 
ence or  interest  ” in  China,  in  Avhich  they  are  to  enjoy  especial  rights 
and  privileges,  particularly  in  respect  to  railroads  and  mining  enter- 
prises, has  at  the  same  time  sought  to  maintain  what  is  commonly 
called  the  “ open-door  ” policy,  to  secure  to  the  commerce  and  naviga- 
tion of  all  nations  equality  of  treatment  within  such  “ spheres.”  The 
maintenance  of  this  policy  is  alike  urgently  demanded  by  the  commer- 
cial communities  of  our  two  nations,  as  it  is  justly  held  by  them  to  be 
the  only  one  which  Avill  improve  existing  conditions,  enable  them  to 
maintain  their  positions  in  the  markets  of  China,  and  extend  their 
future  operations. 

Mliile  the  Government  of  the  United  States  Avill  in  no  way  commit 
itself  to  any  recognition  of  the  exclusive  rights  of  any  power  within 
or  control  over  any  portion  of  the  Chinese  Empire,  under  such  agree- 
ments as  have  been  recently  made,  it  can  not  conceal  its  apprehensions 
that  there  is  danger  of  complications  arising  betAveen  the  treaty  powers 
AAdiich  may  imperil  the  rights  insured  to  the  United  States  by  its 
treaties  Avith  China. 

It  is  the  sincere  desire  of  my  Government  that  the  interests  of  its 
citizens  may  not  be  prejudiced  through  exclusiA^e  treatment  by  any  of 
the  controlling  poAA^ers  Avithin  their  respective  “ spheres  of  interests  ” 
in  China,  and  it  hojies  to  retain  there  an  open  market  for  all  the 
world’s  commerce,  remove  dangerous  sources  of  international  irrita- 
tion, and  thereby  hasten  united  action  of  the  jioAvers  at  Pekin  to  pro- 
mote administrative  reforms  so  greatly  needed  for  strengthening 
the  Imperial  Government  and  maintaining  the  integrity  of  China,  in 
which  it  belicA-es  the  Avhole  Western  World  is  alike  concerned.  It  be- 
licA’es  that  such  a result  may  be  greatly  aided  and  advanced  by  dec- 
larations by  the  A-arious  poAvers  claiming  “spheres  of  interest”  in 
China  as  to  their  intentions  in  regard  to  the  treatment  of  foreign  trade 
and  commerce  therein,  and  that  the  present  is  a very  favorable  mo- 
ment for  informing  Her  Majesty’s  Government  of  the  desire  of  the 
United  States  to  haA'e  it  make  on  its  own  part  and  to  lend  its  poAA^erful 
support  in  the  effort  to  obtain  from  each  of  the  various  powers  claim- 
ing “ spheres  of  interest  ” in  China  a declaration  substantially  to  the 
folloAving  effect : 

(1)  That  it  will  in  no  Avise  interfere  with  any  treaty  port  or  any 
vested  interest  Avithin  any  so-called  “ sphere  of  interest  ” or  leased  ter- 
titory  it  may  haA'e  in  China. 

(2)  That  the  Chinese  treaty  tariff’  of  the  time  being  shall  apply  to 
all  merchandise  landed  or  shipiied  to  all  such  ports  as  are  within  such 
“spheres  of  interest”  (unless  they  be  “free  ports”),  no  matter  to 
what  nationality  it  may  belong,  and  that  duties  so  leAuable  shall  be 
collected  by  the  Chinese  Government. 

(3)  That  it  will  levy  no  higher  harbor  dues  on  vessels  of  another 
nationality  frequenting  any  port  in  such  “ sphere  ” than  shall  be  levied 
on  A^essels  of  its  OAvn  nationality  and  no  higher  railroad  charges  OA’^er 
lines  built,  controlled,  or  operated  within  its  “ sphere  ” on  merchan- 
dise belonging  to  citizens  or  subjects  of  other  nationalities  trans- 
ported through  such  “ sphere  ” than  shall  be  levied  on  similar  mer- 


CHINA 1899. 


251 


chandise  belonging  to  its  own  nationals  transported  over  equal  dis- 
tances. 

The  President  has  strong  reason  to  believe  that  the  Governments  of 
both  Eussia  and  Germany  will  cooperate  in  such  an  understanding  as 
is  here  proposed.  The  recent  ukase  of  His  Majesty  the  Emjieror  of 
Eussia  declaring  the  port  of  Ta-lien-wan  open  to  the  merchant  ships 
of  all  nations  during  the  whole  term  of  the  lease  under  which  it 
is  to  be  held  by  Eussia  removes  all  uncertainty  as  to  the  liberal  and 
conciliatory  policy  of  that  power  and  justifies  the  expectation  that 
His  Majesty  would  accede  to  the  similar  requests  of  the  United  States 
now  being  presented  to  him  and  make  the  desired  declaration. 

The  recent  action  of  Germany  in  declaring  the  port  of  Kiao-chao  a 
“ free  port,”  and  the  aid  which  its  Government  has  given  China  in 
establishing  there  a Chinese  custom-house,  coupled  with  oral  assur- 
ances given  the  United  States  by  Germany  that  the  interests  of  the 
United  States  and  its  citizens  within  its  “ sphere  ” would  in  no  wise 
be  affected  by  its  occupation  of  this  portion  of  the  province  of  Shan- 
tung, encourage  the  belief  that  little  opposition  is  to  be  anticipated  to 
the  President’s  request  for  a similar  declaration  from  that  power. 

It  is  needless,  also,  to  add  that  Japan,  the  power  next  most  largely 
interested  in  the  trade  of  China,  must  be  in  entire  sympathy  with  the 
views  here  expressed,  and  that  its  interests  will  be  largely  served  by 
the  proposed  arrangement ; and  the  declarations  of  its  statesmen 
within  the  last  year  are  so  entirely  in  line  with  it  that  the  coopera- 
tion of  that  power  is  confidently  relied  upon. 

It  is,  therefore,  with  the  greatest  pleasure  that  I present  this  matter 
to  your  lordship’s  attention  and  urge  its  prompt  consideration  by  Her 
Majesty’s  Government,  believing  that  the  action  is  in  entire  harmony 
with  its  consistent  theory  and  purpose,  and  that  it  will  greatly  re- 
dound to  the  benefit  and  advantage  of  all  commercial  nations  alike. 
The  prompt  and  sympathetic  cooperation  of  Her  Majesty’s  Govern- 
ment with  the  United  States  in  this  important  matter  will  be  very 
potent  in  promoting  its  adoption  by  all  the  powers  concerned. 

I have,  etc.. 


Joseph  H.  Choate. 


Lord  Salisbury  to  Mr.  Choate. 

Foreign  Office, 
London.,  September  29,  1899. 

Your  Excellency  : I have  read  with  great  interest  the  communica- 
tion which  you  handed  to  me  on  the  23d  instant,  in  which  you  inform 
me  of  the  desire  of  the  United  States  Government  to  obtain  from  the 
various  powers  claiming  spheres  of  interest  in  China  declarations  as  to 
their  intentions  in  regard  to  the  treatment  of  foreign  trade  and  com- 
merce therein. 

I have  the  honor  to  inform  your  excellency  that  I will  lose  no  time 
in  consulting  my  colleagues  in  regard  to  a declaration  by  Her  Majes- 
ty’s Government  and  on  the  proposal  that  they  should  cooperate  with 
the  Government  of  the  United  States  in  obtaining  similar  declarations 
by  the  other  powers  concerned. 


252 


TREATIES,  CONVENTIONS,  ETC. 


In  the  meantime,  I may  assure  your  excellency  that  the  policy  con- 
sistently advocated  by  this  country  is  one  of  securing  equal  oppor- 
tunity for  the  subjects  and  citizens  of  all  nations  in  regard  to 
commercial  enterprise  in  China,  and  from  this  policy  Her  Majesty’s 
Government  have  no  intention  or  desire  to  depart. 

I have,  etc.,  Salisbury. 


Lord  Salisbury  to  Mr.  Choate. 


Foreign  Office, 
London.:,  November  30.,  1899. 

Your  Excellency  : With  reference  to  my  note  of  September  29 
last,  I have  the  honor  to  state  that  I have  carefully  considered,  in  com- 
munication with  my  colleagues,  the  proposal  contained  in  your  excel- 
lency’s note  of  September  22  that  a declaration  should  be  made  by 
foreign  powers  claiming  “ spheres  of  interest  ” in  China  as  to  their 
intentions  in  regard  to  the  treatment  of  foreign  trade  and  interest 
therein. 

I have  much  pleasure  in  informing  your  excellency  that  Her 
Majesty’s  Government  will  be  prepared  to  make  a declaration  in  the 
sense  desired  by  your  Government  in  regard  to  the  leased  territory  of 
Wei-hai  Wei  and  all  territory  in  China  which  may  hereafter  be  ac- 
quired by  Great  Britain  by  lease  or  otherwise,  and  all  spheres  of  in- 
terest now  held  or  that  may  hereafter  be  held  by  her  in  China,  pro- 
vided that  a similar  declaration  is  made  by  other  powers  concerned. 

I have,  etc.. 


Salisbury. 


Mr.  Choate  to  Lord  Salisbury. 

Embassy  of  the  United  States, 

London.,  December  6,  1899. 

My  Lord  : I have  the  honor  to  acknowledge  the  receipt  of  your 
lordship’s  note  of  November  30,  in  which  you  inform  me  that,  after 
having  carefully  considered  in  connection  with  your  colleagues,  the 
proposals  contained  in  my  note  of  September  22  last.  Her  Majesty’s 
Government  is  prepared  to  make  a declaration  in  the  sense  desired  by 
my  Government  in  regard  to  the  leased  territory  of  Wei-hai  Wei  and 
all  territory  in  China  which  may  hereafter  be  acquired  by  Great 
Britain  by  lease  or  otherwise,  and  all  “ spheres  of  interest  ” now  held 
or  which  may  hereafter  be  held  by  her  in  China,  provided  that  a 
similar  declaration  is  made  by  other  powers. 

In  acknowledging  your  lordship’s  note,  I have  also,  under  instruc- 
tions from  the  Secretary  of  State,  to  express  to  your  lordship  the 

f ratification  he  feels  at  the  cordial  acceptance  by  Her  Britannic 
lajesty’s  Government  of  the  proposals  of  the  United  States. 

I have,  etc., 


Joseph  H.  Choate. 


CHINA 1899. 


253 


ITALY. 

Mr.  Hay  to  Mr.  Draper. 

Department  of  State, 
ashing  ton  November  17  1899. 

Sir:  This  Government,  animated  with  a sincere  desire  to  insure  to 
the  commerce  and  industry  of  the  United  States  and  of  all  other 
nations  perfect  equality  of  treatment  within  the  limits  of  the  Chinese 
Empire  for  their  trade  and  navigation,  especially  within  the  so-called 
“ spheres  of  influence  or  interest  ” claimed  by  certain  European 
powers  in  China,  has  deemed  the  present  an  opportune  moment  to 
make  representations  in  this  direction  to  Germany,  Great  Britain, 
Japan,  and  Russia. 

To  attain  the  object  it  has  in  view  and  to  remove  possible  causes  of 
international  irritation  and  reestablish  confidence  so  essential  to  com- 
merce, it  has  seemed  to  this  Government  highly  desirable  that  the 
various  powers  claiming  “ spheres  of  interest  or  influence  ” in  China 
should  give  formal  assurances  that — 

First.  They  will  in  no  Avay  interfere  with  any  treaty  port  or  any 
vested  interest  within  any  so-called  “ sphere  of  interest  ” or  leased 
territory  they  may  have  in  China. 

Second.  The  Chinese  treaty  tariff  of  the  time  being  shall  apply  to 
all  merchandise  landed  or  shipped  to  all  such  ports  as  are  within  said 
“ sphere  of  interest  ” (unless  they  be  “ free  ports  ”) , no  matter  to  what 
nationality  it  may  belong,  and  that  duties  so  leviable  shall  be  collected 
by  the  Chinese  Government. 

Third,  They  will  levy  no  higher  harbor  dues  on  vessels  of  another 
nationality  frequenting  any  port  in  such  “ sphere  ” than  shall  be 
levied  on  vessels  of  their  own  nationality,  and  no  higher  railroad 
charges  over  lines  built,  controlled,  or  operated  within  its  “sphere” 
on  merchandise  belonging  to  citizens  or  subjects  of  other  nationalities 
transported  through  such  “ sphere  ” than  shall  be  levied  on  similar 
merchandise  belonging  to  their  own  nationals  transported  over  equal 
distances. 

The  policy  pursued  by  His  Imperial  German  Majesty  in  declaring 
Tsing-tao  (Kiao-chao)  a free  port  and  in  aiding  the  Chinese  Gov- 
ernment in  establishing  there  a custom-house,  and  the  ukase  of  His 
Imperial  Russian  Majesty  of  August  11  last,  erecting  a free  port  at 
Dalny  (Ta-lien-wan)  are  thought  to  be  proof  that  these  powers  are  not 
disposed  to  view  unfavorably  the  proposition  to  recognize  that  they 
contemplate  nothing  which  will  interfere  in  any  way  with  the  enjoy- 
ment by  the  commerce  of  all  nations  of  the  rights  and  privileges 
guaranteed  to  them  by  existing  treaties  with  China. 

Repeated  assurances  from  the  British  Government  of  its  fixed 
policy  to  maintain  throughout  China  freedom  of  trade  for  the  whole 
world  insure,  it  is  believed,  the  ready  assent  of  that  power  to  our  pro- 
posals. The  commercial  interests  of  Japan  will  also  be  greatly  served 
by  the  above-mentioned  declaration,  which  harmonizes  with  the  as- 
surances conveyed  to  this  Government  at  various  times  by  His  Im- 
perial Japanese  Majesty’s  diplomatic  representative  at  this  capital. 

In  view  of  the  important  and  growing  commercial  interests  of  Italy 
in  eastern  Asia  it  would  seem  desirable  that  His  Majesty’s  Govern- 


254 


TREATIES,  CONVENTIONS,  ETC. 


ment  should  also  be  informed  of  the  steps  taken  by  the  United  States 
to  insure  freedom  of  trade  in  China,  in  which  it  Avould  find  equal 
advantages  to  those  which  the  other  nations  of  Europe  expect. 

You  are  therefore  instructed  to  submit  to  His  Majesty’s  minister  for 
foreign  affairs  the  above  considerations  and  to  invite  his  early  atten- 
tion to  them,  expressing,  in  the  name  of  your  Government,  the  hope 
that  they  will  prove  acceptable  and  that  His  Majesty’s  Government 
will  lend  its  aid  and  valuable  assistance  in  securing  their  acceptance 
by  the  other  interested  jaowers. 

I inclose,  for  your  personal  and  confidential  information,  copies  of 
the  instructions  sent  to  our  ambassadors  at  Berlin.  London,  St.  Peters- 
burg, and  to  our  minister  at  Tokio. 

I am,  etc.,  John  Hay. 

(Inclosures:)  To  Great  Britain,  to  Russia,  to  Germany,  September 
6,  1899;  to  Japan,  November  13,  1899. 


The  Marquis  Visconti  Venosta  to  Mr.  Draper. 

Roma,  7 Gennaio,  1900. 

Signor  Ambasciatore  : A complemento  di  cito  che  mi  aveva  fatto 
I’onore  di  comunicarmi  colla  sua  nota  del  9 Decembre,  1899,  Vostra 
Eccelenza  mi  ha  participate  ieri  la  notizia  datale  per  telegrafo  dal  suo 
Governo,  che  tutte  le  Potenze  interpellate  dal  Gabinetto  di  Washing- 
ton in  ordine  alleopportunita  di  adottare  una  linea  di  condotta  politica 
la  quale  assicuri  al  commercio  di  tutto  il  mondo  parita  di  trattamento 
in  Cilia,  hanno  dato  risposta  favorevole. 

Riferendomi  alle  sue  comunicazioni  e a quanto  ebbi  gia  a dischiararle 
colla  mia  nota  del  23  di  detto  mese  di  Decembre,  mi  e grato  di  dichia- 
rarle  che  anche  el  Governo  del  Re  aderisce  di  buon  grade  ai  concetti  di 
massima  svolta  nella  menzionata  nota  del  9 Decembre. 

Prego  Vostra  Eccelenza  di  volere  portare  questa  nostra  adesione  alia 
conoscenza  del  Gabinetto  di  Washington,  e profitto  del  I’occasione  per 
rinnovarle.  Signor  Ambasciatore,  gli  atti  della  mia  pin  alta  consi- 
derazione. 

Visconti  Venosta. 


[Translation.] 


Rome,  January  7, 1900. 

Mr.  Ambassador:  Supplementary  to  what  ^'ou  had  already  done 
me  the  honor  of  communicating  to  me  in  your  note  of  December  9, 
1899,  your  excellency  informed  me  yesterday  of  the  telegraphic  note 
received  from  your  Government  that  all  the  powers  consulted  by  the 
cabinet  of  Washington  concerning  the  suitability  of  adopting  a line 
of  policy  which  would  insure  to  the  trade  of  the  whole  world  equality 
of  treatment  in  China  have  given  a favorable  reply. 

Referring  to  your  communications  and  to  the  statements  in  my  note 
of  December  23  last,  I take  pleasure  in  saying  that  the  Government 
of  the  King  adheres  willingly  to  the  proposals  set  forth  in  said  note 
of  December  9. 


CHINA— 1899. 


255 


I beg  your  excellency  to  kindly  convey  the  notice  of  our  adhesion 
to  the  Cabinet  of  Washington,  and  I avail  myself  of  the  occasion  to 
renew  to  you,  etc., 

Visconti  Venosta. 


JAPAN. 

Mt.  Hay  to  Mr.  Buck. 

Department  of  State, 
Washington.,  November  13,  1899. 

Sir:  This  Government,  animated  with  a sincere  desire  to  insure  to 
the  commerce  and  industry  of  the  United  States  and  of  all  other 
nations  perfect  equality  of  treatment  within  the  limits  of  the  Chinese 
Empire  for  their  trade  and  navigation,  especially  within  the  so-called 
“ spheres  of  influence  or  interest  ” claimed  by  certain  European  powers 
in  China,  has  deemed  the  present  an  opportune  moment  to  make  rep- 
resentations in  this  direction  to  Germany,  Great  Britain,  and  Russia. 

To  obtain  the  object  it  has  in  view  and  to  remove  possible  causes  of 
international  irritation  and  reestablish  confldence  so  essential  to  com- 
merce, it  has  seemed  to  this  Government  highly  desirable  that  the 
various  powers  claiming  “ spheres  of  interest  or  influence  ” in  China 
should  give  formal  assurances  that — 

First.  They  will  in  no  way  interfere  with  any  treaty  port  or  any 
vested  interest  within  any  so-called  “ sphere  of  interest  ” or  leased 
territory  they  may  have  in  China. 

Second.  The  Chinese  treaty  tariff  of  the  time  being  shall  apply  to 
all  merchandise  landed  or  shipped  to  all  such  ports  as  are  within  said 
“ sphere  of  interest  ” (unless  they  be  “ free  ports  ”) , no  matter  to  what 
nationality  it  may  belong,  and  that  duties  so  leviable  shall  be  col- 
lected by  the  Chinese  Government. 

Third.  They  will  levy  no  higher  harbor  dues  on  vessels  of  another 
nationality  frequenting  any  port  in  such  “ sphere  ” than  shall  be 
levied  on  vessels  of  their  own  nationality,  and  no  higher  railroad 
charges  over  lines  built,  controlled,  or  operated  within  such  “ sphere  ” 
on  merchandise  belonging  to  citizens  or  subjects  of  other  nationalities 
transported  through  such  “ sphere  ” than  shall  be  levied  on  similar 
merchandise  belonging  to  their  own  nationals  transported  over  equal 
distances. 

The  policy  pursued  by  His  Imperial  German  Majesty  in  declaring 
Tsingtao  (Kiaochao)  a free  port  and  in  aiding  the  Chinese  Govern- 
ment in  establishing  there  a custom-house,  and  the  ukase  of  His 
Imperial  Russian  Majesty  of  August  11  last  in  erecting  a free  port  at 
Dalny  (Talienwan)  are  thought  to  be  proof  that  these  powers  are  not 
disposed  to  view  unfavorably  the  proposition  to  recognize  that  they 
contemplate  nothing  which  will  interfere  in  any  way  with  the  enjoy- 
ment by  the  commerce  of  all  nations  of  the  rights  and  privileges  guar- 
anteed to  them  b}^  existing  treaties  with  China. 

Repeated  assurances  from  the  British  Government  of  its  fixed 
policy  to  maintain  throughout  China  freedom  of  trade  for  the  whole 
world  insure,  it  is  believed,  the  ready  assent  of  that  power  to  our 
proposals.  It  is  no  less  confidently  believed  that  the  commercial 


256 


TREATIES,  CONVENTIONS,  ETC. 


interests  of  Japan  would  be  greatly  served  by  the  above-mentioned 
declaration,  which  harmonizes  with  the  assurances  conveyed  to  this 
Government  at  various  times  by  His  Imperial  Japanese  Majesty’s 
diplomatic  rejiresentative  at  this  capital. 

You  are  therefore  instructed  to  submit  to  His  Imperial  Japanese 
Majesty’s  Government  the  above  considerations,  and  to  invite  their 
early  attention  to  them,  and  express  the  earnest  hojie  of  your  Govern- 
ment that  they  will  accejit  them  and  aid  in  securing  their  acceptance 
by  the  other  interested  powers. 

I am,  etc.,  John  Hay. 


Viscount  Aoki  to  Mr.  Buck. 


[Translation.] 

Department  of  Foreign  Affairs, 

Tokio.,  the  26th  day.,  the  12th  month  of  the  32d  year  of  Meiji. 

{December  26,  1899.) 

Mr.  Minister  : I have  the  honor  to  acknowledge  the  receipt  of  the 
note  No.  176  of  the  20th  instant,  in  which,  pursuing  the  instructions 
of  the  United  States  Government,  your  excellency  was  so  good  as  to 
communicate  to  the  Imperial  Government  the  representations  of  the 
United  States  as  presented  in  notes  to  Eussia,  Germany,  and  Great 
Britain  on  the  subject  of  commercial  interests  of  the  United  States 
in  China. 

I have  the  happy  duty  of  assuring  your  excellency  that  the  Impe- 
rial Government  will  have  no  hesitation  to  give  their  assent  to  so  just 
and  fair  a proposal  of  the  United  States,  provided  that  all  the  other 
powers  concerned  shall  accept  the  same. 

I avail  myself,  etc.. 

Viscount  Aoki  Siuzo, 
Minister  for  Foreign  Affairs. 


RUSSIA. 

Mr.  Hay  to  Mr.  Tower. 

Department  of  State, 

Vd ashington,  Septemher  6, 1899. 

Sir:  In  1898,  when  His  Imperial  Majesty,  through  his  diplo- 
matic representative  at  this  capital,  notified  this  Government  that 
Russia  had  leased  from  His  Imperial  Chinese  Majesty  the  ports  of 
Port  Arthur,  Ta-lien-wan,  and  the  adjacent  territory  in  the  Liao- 
tung Peninsula  in  northeastern  China  for  a period  of  twenty-five 
years,  your  predecessor  received  categorical  assurances  from  the  im- 
perial minister  for  foreign  affairs  that  American  interests  in  that 
part  of  the  Chinese  Empire  would  in  no  waj'  be  affected  thereby, 
neither  was  it  the  desire  of  Russia  to  interfere  with  the  trade  of 
other  nations,  and  that  our  citizens  would  continue  to  enjoy  within 
said  leased  territory  all  the  rights  and  privileges  guaranteed  them 


CHINA 1899. 


257 


under  existing  treaties  with  China.  Assurances  of  a similar  purport 
were  conveyed  to  me  by  the  Emperor’s  ambassador  at  this  capital; 
while  fresh  proof  of  this  is  afforded  by  the  imperial  ukase  of  August  ii 
last,  creating  the  free  port  of  Dalny,  near  Ta-lien-wan,  and  establish- 
ing free  trade  for  the  adjacent  territory. 

However  gratifying  and  reassuring  such  assurances  may  be  in  re- 
gard to  the  territory  actually  occupied  and  administered,  it  can  not 
but  be  admitted  that  a further,  clearer,  and  more  formal  definition 
of  the  conditions  which  are  henceforth  to  hold  within  the  so-called 
Eussian  “ sphere  of  interest  ” in  China  as  regards  the  commercial 
rights  therein  of  our  citizens  is  much  desired  by  the  business  world  of 
the  United  States,  inasmuch  as  such  a declaration  would  relieve  it 
from  the  apprehensions  which  has  exercised  a disturbing  influence 
during  the  last  four  years  on  its  operations  in  China. 

The  present  moment  seems  particularly  opportune  for  ascertaining 
whether  His  Imperial  Eussian  Majesty  would  not  be  disposed  to  give 
permanent  form  to  the  assurances  heretofore  given  to  this  Govern- 
ment on  this  subject.  , 

The  ukase  of  the  Emperor  of  August  11  of  this  year,  declaring  the 
port  of  Ta-lien-wan  open  to  the  merchant  ships  of  all  nations  during 
the  remainder  of  the  lease  under  which  it  is  held  by  Eussia,  removes 
the  slightest  uncertainty  as  to  the  liberal  and  conciliatory  commercial 
policy  His  Majesty  proposes  carrying  out  in  northeastern  China,  and 
would  seem  to  insure  us  the  sympathetic  and,  it  is  hoped,  favorable 
consideration  of  the  propositions  hereinafter  specified. 

The  principles  which  this  Government  is  particularly  desirous  of 
seeing  formally  declared  by  His  Imperial  Majesty  and  by  all  the 
great  powers  interested  in  China,  and  which  will  be  eminently  bene- 
ficial fo  fhe  commercial  interesfs  of  fhe  whole  world,  are : 

First.  The  recognition  that  no  power  will  in  any  way  interfere 
with  any  treaty  port  or  any  vested  interest  within  any  leased  ter- 
ritory or  within  any  so-called  “ sphere  of  interest  ” it  may  have  in 
China. 

Second.  That  the  Chinese  treaty  tariff  of  the  time  being  shall  ap- 
ply to  all  merchandise  landed  or  shipped  to  all  such  ports  as  are 
within  said  “sphere  of  interest”  (unless  they  be  “free  ports”),  no 
matter  to  what  nationality  it  may  belong,  and  that  duties  so  leviable 
shall  be  collected  by  the  Chinese  Government. 

Third.  That  it  will  levy  no  higher  harbor  dues  on  vessels  of  an- 
other nationality  frequenting  any  port  in  such  “ sphere  ’’than  shall  be 
levied  on  vessels  of  its  own  nationality  and  no  higher  railroad  charges 
over  lines  built,  controlled,  or  operated  within  its  “ sphere  ” on  mer- 
chandise belonging  to  citizens  or  subjects  of  other  nationalities  trans- 
ported through  such  “ sphere  ” than  shall  be  levied  on  similar  mer- 
chandise belonging  to  its  own  nationals  transported  over  equal  dis- 
tances. 

The  declaration  of  such  principles  by  His  Imperial  Majesty  would 
not  only  be  of  great  benefit  to  foreign  commerce  in  China,  but  would 
powerfully  tend  to  remove  dangerous  sources  of  irritation  and  pos- 
sible conflict  between  the  various  powers;  it  would  reestablish  con- 
fidence and  security,  and  would  give  great  additional  weight  to  the 
concerted  representations  which  the  treaty  powers  may  hereafter 


24449— VOL  1—10 17 


258 


TREATIES,  CONVENTIONS,  ETC. 


make  to  His  Imperial  Chinese  Majesty  in  the  interest  of  reform  in 
Chinese  administration  so  essential  to  the  consolidation  and  integrity 
of  that  Emjjire,  and  which,  it  is  believed,  is  a fundamental  principle 
of  the  policy  of  His  Majesty  in  Asia. 

Germany  has  declared  the  port  of  Kiao-chao,  which  she  holds  in 
Shangtung  under  a lease  from  China,  a free  port  and  has  aided  in 
the  establishment  there  of  a branch  of  the  Imperial  Chinese  maritime 
customs.  The  Imperial  German  minister  for  foreign  affairs  has  also 
given  assurances  that  American  trade  would  not  in  any  way  be  dis- 
criminated against  or  interfered  with,  as  there  is  no  intention  to 
close  the  leased  territory  to  foreign  commerce  within  the  area  which 
Germany  claims.  These  facts  lead  this  Government  to  believe  that 
the  Imperial  German  Government  will  lend  its  cooperation  and  give 
its  acceptance  to  the  proposition  above  outlined,  and  which  our  am- 
bassador at  Berlin  is  now  instructed  to  submit  to  it. 

That  such  a declaration  will  be  favorably  considered  by  Great  Brit- 
ain and  Japan,  the  two  other  powers  most  interested  in  the  subject, 
there  can  be  no  doubt.  The  formal  and  oft-repeated  declarations  of 
the  British  and  Japanese  Governments  in  favor  of  the  maintenance 
throughout  China  of  freedom  of  trade  for  the  whole  world  insure 
us,  it  is  believed,  the  ready  assent  of  these  powers  to  the  declaration 
desired. 

The  acceptance  by  His  Imperial  Majesty  of  these  principles  must 
therefore  inevitably  lead  to  their  recognition  by  all  the  other  powers 
interested,  and  you  are  instructed  to  submit  them  to  the  Emperoi’s 
minister  for  foreign  affairs  and  urge  their  immediate  consideration. 

A copy  of  this  construction  is  sent  to  our  ambassadors  at  London 
and  Berlin  for  their  confidential  information,  and  copies  of  the  in- 
structions sent  to  them  on  this  subject  are  inclosed  herewith. 

I have,  etc., 


John  Hay. 


(Inclosures:)  To  London,  September  6,  1899,  No.  205;  to  Berlin, 
September  6,  1899,  No.  927. 


Count  M ouravieff  to  Mr.  Tower. 

Ministeke  des  Affaires  Etrangeres, 

Premier  Departement, 

Le  18  Decembre.  1899. 

Monsieur  l’Ambassadeur  : J’ai  eu  Thonneur  de  recevoir  la  note  de 
Votre  Excellence  en  date  du  8-20  Septembre  a.  c.  relative  aux  prin- 
cipes  que  le  Gouvernement  des  Etats-Unis  desirerait  voir  adoptes  en 
matiere  economique  par  les  Puissances  ayant  des  interets  en  Chine. 

Pour  ce  qui  est  du  territoire  cede  a bail  par  la  Chine  a la  Kussie  le 
Gouvernement  Imperial  a deja  manifeste  sa  ferme  intention  de  prati- 
quer  la  politique  de  “ la  porte  ouverte  ” en  erigeant  Dalny  (Ta -lien- 
wan),  en  port  franc;  et  si  a ravenir  ce  dernier  port,  tout  en  conti- 
nuant a rester  franc  etait  separe  par  une  ligne  de  douanes  du  reste  du 
territoire  dont  il  s’agit,  les  taxes  douanieres  seraient  prelevees  dans 
la  zone  soumise  au  tarif,  sur  toutes  les  marchandises  etrangeres  sans 
distinction  de  nationalite. 


CHINA — 1899. 


259 


Quant  aux  ports  deja  ouverts,  ou  qui  le  seraient  a I’avenir,  par  le 
Gouvernement  Chinois,  an  commerce  etranger  et  qui  se  trouvent  en 
dehors  du  territoire  cede  a bail  a la  Russie,  le  reglement  des  questions 
relatives  aux  taxes  douanieres  appartient  a la  Chine  elle-meme.  et  le 
Gouvernement  Imperial  n’a  nullement  I’intention  de  reclamer  pour  ses 
nationaux  a cet  egard  des  privileges  quelconques  a I’exclusion  des 
autres  etrangers.  II  va  de  soi  que  cette  assurance  du  Gouvernement 
Imiierial  a pour  condition  qu’une  declaration  semblable  serait  faite 
par  les  autres  Puissances  ayant  des  interets  en  Chine. 

Convaincu  que  cette  reponse  est  de  nature  a satisfaire  a la  demande 
exprimee  dans  la  note  susmentionnee,  le  Gouvernement  Imperial  se 
felicite  d’autant  plus  d’avoir  ete  au  devant  des  voeux  du  Gouvernement 
Americain,  qu’il  attache  le  plus  grand  prix  a tout  ce  qui  peut  entre- 
tenir  et  consolider  les  relations  amicales  traditionnelles  existant  entre 
les  deux  pays. 

Veuillez  agreer,  Monsieur  I’Ambassadeur,  I’assurance  de  ma  haute 
consideration. 

Comte  Moukavieff. 


[Translation.] 


Ministry  of  Foreign  Affairs, 

December  18-30^  1899. 

Mr.  Ambassador:  I had  the  honor  to  receive  Your  Excellency’s 
note  dated  the  8th-20th  of  September  last,  relating  to  the  principles 
which  the  Government  of  the  United  States  would  like  to  see  adopted 
in  commercial  matters  by  the  powers  which  have  interests  in  China. 

In  so  far  as  the  territory  leased  by  China  to  Russia  is  concerned, 
the  Imperial  Government  has  already  demonstrated  its  firm  intention 
to  follow  the  policy  of  “ the  open  door  ” by  creating  Dalny  (Ta-lien- 
wan)  a free  port;  and  if  at  some  future  time  that  port,  although  re- 
maining free  itself,  should  be  separated  by  a customs  limit  from  other 
portions  of  the  territory  in  question,  the  customs  duties  would  be 
levied,  in  the  zone  subject  to  the  tariff,  upon  all  foreign  merchandise 
without  distinction  as  to  nationality. 

As  to  the  ports  now  opened  or  hereafter  to  be  opened  to  foreign 
commerce  by  the  Chinese  Government,  and  which  lie  beyond  the  ter- 
ritory leased  to  Russia,  the  settlement  of  the  question  of  customs 
duties  belongs  to  China  herself,  and  the  Imperial  Government  has  no 
intention  whatever  of  claiming  any  privileges  for  its  own  subjects  to 
the  exclusion  of  other  foreigners.  It  is  to  be  understood,  however, 
that  this  assurance  of  the  Imperial  Government  is  given  upon  condi- 
tion that  a similar  declaration  shall  be  made  by  other  Powers  having 
interests  in  China. 

With  the  conviction  that  this  reph^  is  such  as  to  satisfy  the  inquiry 
made  in  the  aforementioned  note,  the  Imperial  Government  is  happy 
to  have  complied  with  the  wishes  of  the  American  Government,  espe- 
cially as  it  attaches  the  highest  value  to  anything  that  may  strengthen 
and  consolidate  the  traditional  relations  of  friendship  existing  be- 
tween the  two  countries. 

I beg  you  to  accept,  etc. 


Count  Mouravieff. 


260 


TREATIES,  CONVENTIONS,  ETC. 


Lmtructions  sent  mvtatis  mutandis  to  the  United  States  ambassadors 
at  London^  Paris^  Berlin,  St.  Petersburg,  and  Rome,  and  to  the 
United  States  Minister  at  Tokyo. 

Department  of  State, 

W ashington,  March  20,  1900. 

Sir:  The Government  having  accepted  the  declai’ation  sug- 

gested by  the  United  States  concerning  foreign  trade  in  China,  the 

terms  of  which  I transmitted  to  you  in  mv  instruction  No.  of 

, and  like  action  having  been  taken  by  all  the  various  powers 

having  leased  territory  or  so-called  “ spheres  of  interest  ” in  the 
Chinese  Empire,  as  shown  by  the  notes  which  I herewith  transmit  to 
you,  you  will  please  inform  the  government  to  which  you  are  ac- 
credited that  the  condition  originally  attached  to  its  acceptance — 
that  all  other  powers  concerned  should  likewise  accept  the  proposals 
of  the  United  States — having  been  complied  with,  this  Government 

will  therefore  consider  the  assent  given  to  it  by as  final  and 

definitive. 

You  will  also  transmit  to  the  minister  for  foreign  affairs  copies  of 
the  present  inclosures,  and  by  the  same  occasion  convey  to  him  the 
expression  of  the  sincere  gratification  which  the  President  feels  at  the 
successful  termination  of  these  negotiations,  in  which  he  sees  proof  of 
the  friendly  spirit  which  animates  the  various  powers  interested  in 
the  untrammeled  development  of  commerce  and  industry  in  the 
Chinese  Empire  and  a source  of  vast  benefit  to  the  whole  commercial 
world. 

I am,  etc.,  John  Hay. 

( Inclosures :)“  Mr.  Delcasse  to  Mr.  Porter  (received  December  IG. 
1899),  with  translation;  Mr.  Jackson  to  Mr.  Hay,  telegram,  December 
4,  1899;  Count  von  Biilow  to  Mr.  lYliite,  Eebruary  19,  1900,  with 
translation;  Lord  Salisbury  to  Mr.  Choate,  November  30,  1899;  Mar- 
quis Visconti  Venosta  to  Mr.  Draper,  January  7,  1900,  with  transla- 
tion ; Viscount  Aoki  to  Mr.  Buck,  December  26,  1899,  translation ; 
Count  Mouraviefl'  to  Mr.  Tower,  December  18,  1899,  with  translation. 


1901. 

Final  Protocol  Entered  Into  by  the  Plenipotentiaries  of  the 
Various  Powers  at  the  Conclusion  of  the  So-called  “ Boxer  ” 
Troubles  in  China  in  1900. 

Concluded  September  7,  1901. 

Note. — For  the  text  of  this  final  protocol  see  “ International  con- 
ventions,” etc.,  page  2006 ; also  new  agreement  of  1905,  modifying 
final  protocol  concerning  Vdiang  Pu  conservancy,  see  page  2013. 


'All  printed  ante. 


CHINA 1903. 


261 


1903. 


Treaty  as  to  Commercial  Relations. 


Concluded  Octoher  8,  1903;  rati-fication  advised  hy  Senate  December 
18,  1903;  ratified  by  President  January  12,  1901^;  ratifications  ex- 
changed January  13,  190 If.;  froclaimed  January  13,  190 1^.. 

Articles. 


I.  Diplomatic  privileges. 

II.  Consular  privileges. 

III.  Citizens  in  China. 

IV.  Abolition  of  lihin. 

V.  Tariff  duties. 

VI.  Establishment  of  warehouses  by 
United  States  citizens. 

VII.  Mining  regulations. 

ATII.  Drawback  certificates. 

IX.  Trade-marks. 

X.  Patents. 

XI.  Copyrights. 

XII.  Navigation  of  inland  waters,  and 
making  Mukden  and  Antung 
open  ports. 

XIII.  Uniform  coinage. 


XIV.  Religious  liberty  and  concession 
to  missionary  societies. 

XV.  Reformation  of  .iudicial  system  ; 
extra-territorial  rights. 

XVI.  Morphia  and  instruments  for  its 
injection. 

XVII.  Existing  treaties  continued  in 
force ; duration ; revision  of 
annexed  tariff;  and  ratifica- 
tion. 

Annexes. 

I.  Opium  and  salt. 

II.  Native  customs  oflBces. 

III.  Tariff  schedule. 

Note  change  of  Rule  II. 


The  United  States  of  America  and  His  Majesty  the  Emperor  of 
China,  being  animated  by  an  earnest  desire  to  extend  further  the  com- 
mercial relations  between  them  and  otherwise  to  promote  the  in- 
terests, of  the  peoples  of  the  two  countries,  in  view  of  the  provisions  of 
the  first  paragraph  of  Article  XI  of  the  final  Protocol  signed  at 
Peking  on  the  seventh  day  of  September,  A.  D.  1901,  whereby  the 
Chinese  Government  agreed  to  negotiate  the  amendments  deemed 
necessary  by  the  foreign  Governments  to  the  treaties  of  commerce 
and  navigation  and  other  subjects  concerning  commercial  relations, 
with  the  object  of  facilitating  them,  have  for  that  purpose  named 
as  their  Plenipotentiaries : — 

The  United  States  of  America — 

Edwin  H.  Conger,  Envoy  Extraordinary  and  Minister  Pleni- 
potentiary of  the  United  States  of  America  to  China — 
John  Goodnow,  Consul-General  of  the  United  States  of  Amer- 
ica at  Shanghai — 

John  F.  Seaman,  a Citizen  of  the  United  States  of  America 
resident  at  Shanghai — 

And  His  Majesty  the  Emperor  of  China — 

Lii  Hai-huan,  President  of  the  Board  of  Public  Works — 
Sheng  Hsuan-huai,  Junior  Guardian  of  the  Heir  Apparent. 
Formerly  Senior  Vice-President  of  the  Board  of  Public 
Works — 

who,  having  met  and  duly  exchanged  their  full  powers  which  were 
found  to  be  in  proper  form,  have  agreed  upon  the  following  amend- 
ments to  existing  treaties  of  commerce  and  navigation  formerly  con- 
cluded between  the  two  countries,  and  upon  the  subjects  hereinafter 
expressed  connected  with  commercial  relations,  with  the  object  of 
facilitating  them. 


262 


TREATIES,  CONVENTIONS,  ETC. 


Article  I. 

In  accordance  with  international  usage,  and  as  the  diplomatic  rep- 
resentative of  China  has  the  right  to  reside  in  the  capital  of  the 
United  States,  and  to  enjoy  there  the  same  prerogatives,  privileges 
and  iinmunities  as  are  enjoyed  by  the  similar  representative  of  the 
most  favored  nation,  the  diplomatic  representative  of  the  United 
States  shall  have  the  right  to  reside  at  the  capital  of  His  Majesty 
the  Emperor  of  China.  He  shall  be  given  audience  of  His  Majesty 
the  Emperor  whenever  necessary  to  present  his  letters  of  credence  or 
any  communication  from  the  President  of  the  United  States.  At  all 
such  times  he  shall  be  received  in  a place  and  in  a manner  befitting 
his  high  position,  and  on  all  such  occasions  the  ceremonial  observed 
toward  him  shall  be  that  observed  toward  the  representatives  of  na- 
tions on  a footing  of  equality,  with  no  loss  of  prestige  on  the  part  of 
either. 

The  diplomatic  representatives  of  the  United  States  shall  enjoy  all 
the  prerogatives,  privileges  and  immunities  accorded  by  international 
usage  to  such  representatives,  and  shall  in  all  respects  be  entitled  to 
the  treatment  extended  to  similar  representatives  of  the  most  favored 
nation. 

The  English  text  of  all  notes  or  dispatches  from  United  States  offi- 
cials to  Chinese  officials,  and  the  Chinese  text  of  all  from  Chinese 
officials  to  United  States  officials  shall  be  authoritative. 

Article  II. 

As  China  may  appoint  consular  officers  to  reside  in  the  United 
States  and  to  enjoy  there  the  same  attributes,  privileges  and  immu- 
nities as  are  enjoyed  by  consular  officers  of  other  nations,  the  United 
States  may  appoint,  as  its  interests  may  require,  consular  officers  to 
reside  at  the  places  in  the  Empire  of  China  that  are  now  or  that  may 
hereafter  be  opened  to  foreign  residence  and  trade.  They  shall  hold 
direct  official  intercourse  and  correspondence  with  the  local  officers 
of  the  Chinese  Government  within  their  consular  districts,  either 
personally  or  in  writing  as  the  case  may  require,  on  terms  of  equality 
and  reciprocal  respect.  These  officers  shall  be  treated  with  due 
resjiect  by  all  Chinese  authorities,  and  they  shall  enjoy  all  the  attri- 
butes. privileges  and  immunities,  and  exercise  all  the  jurisdiction 
over  their  nationals  which  are  or  may  hereafter  be  extended  to  similar 
officers  of  the  nation  the  most  favored  in  these  respects.  If  the  offi- 
cers of  either  government  are  disrespectfully  treated  or  aggrieved  in 
any  way  by  the  authorities  of  the  other,  they  shall  have  the  right  to 
make  representation  of  the  same  to  the  superior  officers  of  their  own 
government  who  shall  see  that  full  inquiry  and  strict  justice  be  had 
in  the  premises.  And  the  said  consular  officers  of  either  nation  shall 
carefully  avoid  all  acts  of  offense  to  the  officers  and  people  of  the  other 
nation. 

Gn  the  arrival  of  a consul  duly  accredited  at  any  place  in  China 
o]iened  to  foreign  trade  it  shall  be  the  duty  of  the  Minister  of  the 
United  States  to  inform  the  Board  of  Foreign  Affairs,  which  shall,  in 
accordance  with  international  usage,  forthwith  cause  the  proper 
recognition  of  the  said  consul  and  grant  him  authority  to  act. 


CHINA 1903. 


263 


Article  III. 

Citizens  of  the  United  States  may  frequent,  reside  and  carry  on 
trade,  industries  and  manufactui’es,  or  pursue  any  lawful  avocation, 
in  all  the  ports  or  localities  of  China  which  are  now  open  or  may 
hereafter  be  opened  to  foreign  residence  and  trade;  and,  within  the 
suitable  localities  at  those  places  which  have  been  or  may  be  set  apart 
for  the  use  and  occupation  of  foreigners,  they  may  rent  or  purchase 
houses,  places  of  business  and  other  buildings,  and  rent  or  lease  in 
perpetuity  land  and  build  thereon.  They  shall  generally  enjoy  as  to 
their  pei’sons  and  property  all  such  rights,  privileges  and  immunities 
as  are  or  may  hereafter  be  granted  to  the  subjects  or  citizens  of  the 
nation  the  most  favored  in  these  respects. 

Article  IV. 

The  Chinese  Government,  recognizing  that  the  existing  system  of 
levying  dues  on  goods  in  transit,  and  especially  the  system  of  taxa- 
tion known  as  impedes  the  free  circulation  of  commodities  to 

the  general  injury  of  trade,  hereby  undertakes  to  abandon  the  levy  of 
likin  and  all  other  transit  dues  throughout’the  Empire  and  to  abolish 
the  offices,  stations  and  barriers  maintained  for  their  collection  and 
not  to  establish  other  offices  for  levying  dues  on  goods  in  transit.  It  is 
clearly  understood  that,  after  the  offices,  stations  and  barriers  for 
taxing  goods  in  transit  have  been  abolished,  no  attempt  shall  be  made 
to  re-establish  them  in  any  form  or  under  any  pretext  whatsoever. 

The  Government  of  the  United  States,  in  return,  consents  to  allow 
a surtax,  in  excess  of  the  tariff  rates  for  the  time  being  in  force,  to 
be  imposed  on  foreign  goods  imported  by  citizens  of  the  United  States 
and  on  Chinese  produce  destined  for  export  abroad  or  coastwise.  It 
is  clearly  understood  that  in  no  case  shall  the  surtax  on  foreign  im- 
ports exceed  one  and  one-half  times  the  import  duty  leviable  in  terms 
of  the  final  Protocol  signed  by  China  and  the  Powers  on  the  seventh 
day  of  September,  A.  D.  190i ; that  the  payment  of  the  import  duty 
and  surtax  shall  secure  for  foreign  imports,  whether  in  the  hands  of 
Chinese  or  foreigners,  in  original  packages  or  otherwise,  complete 
immunity  from  all  other  taxation,  examination  or  delay;  that  the 
total  amount  of  taxation,  inclusive  of  the  tariff  export  duty,  leviable 
on  native  produce  for  export  abroad  shall,  under  no  circumstances, 
exceed  seven  and  one-half  per  centum  ad  valorem. 

Nothing  in  this  article  is  intended  to  interfere  with  the  inherent 
right  of  China  to  levy  such  other  taxes  as  are  not  in  conflict  with  its 
provisions. 

Keeping  these  fundamental  principles  in  view,  the  High  Contract- 
ing Parties  have  agreed  upon  the  following  method  of  procedure. 

The  Chinese  Government  undertakes  that  all  offices,  stations  and 
barriers  of  whatsoever  kind  for  collecting  likin.^  duties,  or  such  like 
dues  on  goods  in  transit,  shall  be  permanently  abolished  on  all  roads, 
railways  and  waterways  in  the  nineteen  Provinces  of  China  and 
the  three  Eastern  Provinces.  This  provision  does  not  apply  to  the 
native  Customs  offices  at  present  in  existence  on  the  seaboard,  at  open 
ports  where  there  are  offices  of  the  Imperial  Maritime  Customs,  and 
on  the  land  frontiers  of  China  embracing  the  nineteen  Provinces  and 
the  three  Eastern  Provinces. 


264 


TEEATIES,  CONVENTIONS,  ETC. 


Wherever  there  are  offices  of  the  Imperial  Maritime  Customs,  or 
wherever  such  may  be  hereafter  placed,  native  Customs  offices  may 
also  be  established,  as  well  as  at  any  point  either  on  the  seaboard  or 
land  frontiers. 

The  Government  of  the  United  States  agrees  that  foreign  goods  on 
importation,  in  addition  to  the  effective  five  per  centum  import  duty 
as  provided  for  in  the  Protocol  of  1901,  shall  pay  a special  surtax  of 
one  and  one-half  times  the  amount  of  the  said  duty  to  compensate  for 
the  abolition  of  likin^  of  other  transit  dues  besides  liMn^  and  of  all 
other  taxation  on  foreign  goods,  and  in  consideration  of  the  other 
reforms  provided  for  in  this  article. 

The  Chinese  Government  may  recast  the  foreign  export  tariff  with 
specific  duties,  as  far  as  practicable,  on  a scale  not  exceeding  five  per 
centum  ad  valorem;  but  existing  export  duties  shall  not  be  raised 
until  at  least  six  months’  notice  has  been  given.  In  cases  where  exist- 
ing export  duties  are  above  five  per  centum,  they  shall  be  reduced 
to  not  more  than  that  rate.  An  additional  special  surtax  of  one-half 
the  export  duty  payable  for  the  time  being,  in  lieu  of  internal  taxa- 
tion of  all  kinds,  may  be  levied  at  the  place  of  original  shipment  or 
at  the  time  of  export  on  goods  exported  either  to  foreign  countries  or 
coastwise. 

Foreign  goods  which  bear  a similarity  to  native  goods  shall  be  fur- 
nished by  the  Customs  officers,  if  required  by  the  owner,  with  a pro- 
tective certificate  for  each  package,  on  the  payment  of  import  duty 
and  surtax,  to  prevent  the  risk  of  any  dispute  in  the  interior. 

Native  goods  brought  by  junks  to  open  ports,  if  intended  for  local 
consumption,  irrespective  of  the  nationality  of  the  owner  of  the  goods, 
shall  be  reported  at  the  native  Customs  offices  only,  to  be  dealt  with 
according  to  the  fiscal  regulations  of  the  Chinese  Government. 

Machine-made  cotton  yarn  and  cloth  manufactured  in  China, 
whether  by  foreigners  at  the  open  jDorts  or  by  Chinese  anywhere  in 
China,  shall  as  regards  taxation  be  on  a footing  of  perfect  equality. 
Such  goods  upon  payment  of  the  taxes  thereon  shall  be  granted  a 
rebate  of  the  import  duty  and  of  two-thirds  of  the  import  surtax  paid 
on  the  cotton  used  in  their  manufacture,  if  it  has  been  imported  fx’om 
abroad,  and  of  all  duties  paid  thereon  if  it  be  Chinese  grown  cotton. 
They  shall  also  be  free  of  export  duty,  coast-trade  duty  and  export 
surtax.  The  same  principle  and  procedure  shall  be  applied  to  all 
other  products  of  foreign  type  turned  out  by  machinery  in  China. 

A member  or  members  of  the  Imperial  Maritime  Customs  foreign 
staff  shall  be  selected  by  the  Governors-General  and  Governors  of  each 
of  the  various  provinces  of  the  Empire  for  their  respective  provinces, 
and  appointed  in  consultation  with  the  Inspector  General  of  Imperial 
Maritime  Customs,  for  duty  in  connection  with  native  Customs  affairs 
to  have  a general  supervision  of  their  working. 

Cases  where  illegal  action  is  complained  of  by  citizens  of  the  United 
States  shall  be  promptly  investigated  by  an  officer  of  the  Chinese 
Government  of  sufficiently  high  rank,  in  conjunction  with  an  officer  of 
the  United  States  Government,  and  an  officer  of  the  Imperial  INIari- 
time  Customs,  each  of  sufficient  standing;  and,  in  the  event  of  it 
being  found  by  the  investigating  officers  that  the  complaint  is  well 
founded  and  loss  has  been  incurred,  due  compensation  shall  be  paid 
through  the  Imperial  Maritime  Customs.  The  high  provincial  offi- 
cials shall  be  held  responsible  that  the  officer  guilty  of  the  illegal 


CHINA 1903. 


265 


action  shall  be  severely  punished  and  removed  from  his  post.  If  the 
complaint  is  shown  to  be  frivolous  or  malicious,  the  complainant  shall 
be  held  responsible  for  the  expenses  of  the  investigation. 

When  the  ratifications  of  this  Treaty  shall  have  been  exchanged  by 
the  High  Contracting  Parties  hereto,  and  the  provisions  of  this 
Article  shall  have  been  accepted  by  the  Powers  having  treaties  with 
China,  then  a date  shall  be  agreed  upon  when  the  provisions  of  this 
Article  shall  take  effect  and  an  Imperial  Edict  shall  be  published  in 
due  form  on  yellow  paper  and  circulated  throughout  the  Empire  of 
China  setting  forth  the  abolition  of  all  lihin  taxation,  duties  on  goods 
in  transit,  offices,  stations  and  barriers  for  collecting  the  same,  and  of 
all  descriptions  of  internal  taxation  on  foreign  goods,  and  the  imiio- 
sition  of  the  surtax  on  the  import  of  foreign  goods  and  on  the  export 
of  native  goods,  and  the  other  fiscal  changes  and  reforms  provided 
for  in  this  Article,  all  of  which  shall  take  effect  from  the  said  date. 
The  Edict  shall  state  that  the  provincial  high  officials  are  responsible 
that  any  official  disregarding  the  letter  or  the  spirit  of  its  injunction 
shall  be  severely  punished  and  removed  from  his  post. 

Article  V. 

The  tariff  duties  to  be  paid  by  citizens  of  the  United  States  on 
goods  imported  into  China  shall  be  as  set  forth  in  the  schedule  an- 
nexed hereto  and  made  part  of  this  Treaty,  subject  only  to  such 
amendments  and  changes  as  are  authorized  by  Article  IV  of  the 
present  convention  or  as  may  hereafter  be  agreed  upon  by  the  High 
Contracting  Parties  hereto.  It  is  expressly  agreed,  however,  that 
citizens  of  the  United  States  shall  at  no  time  pay  other  or  higher 
duties  than  those  paid  by  the  citizens  or  subjects  of  the  most  favored 
nation. 

Conversely,  Chinese  subjects  shall  not  pay  higher  duties  on  their 
imports  into  the  United  States  than  those  paid  by  the  citizens  or  sub- 
jects of  the  most  favored  nation. 

Article  VI. 

The  Government  of  China  agrees  to  the  establishment  by  citizens  of 
the  United  States  of  warehouses  approved  by  the  proper  Chinese 
authorities  as  bonded  warehouses  at  the  several  open  jPorts  of  China, 
for  storage,  re-packing,  or  preparation  for  shipment  of  lawfid  goods, 
subject  to  such  necessary  regulations  for  the  protection  of  the  revenue 
of  China,  including  a reasonable  scale  of  fees  according  to  commodi- 
ties, distance  from  the  custom  house  and  hours  of  working,  as  shall 
be  made  from  time  to  time  by  the  proper  officers  of  the  Government 
of  China. 

Article  VII. 

The  Chinese  Government,  recognizing  that  it  is  advantageous  for 
the  country  to  develop  its  mineral  resources,  and  that  it  is  desirable  to 
attract  foreign  as  well  as  Chinese  capital  to  embark  in  mining  enter- 
prises, agrees,  within  one  year  from  the  signing  of  this  Treaty,  to 
initiate  and  conclude  the  revision  of  the  existing  mining  regulations. 
To  this  end  China  will,  with  all  expedition  and  earnestness,  go  into 


266 


TREATIES,  CONVENTIONS,  ETC. 


the  whole  question  of  mining  rules;  and,  selecting  from  the  rules  of 
the  United  States  and  other  countries  regulations  which  seem  appli- 
cable to  the  condition  of  China,  will  recast  its  jiresent  mining  rules  in 
such  a way  as,  while  promoting  the  interests  of  Chinese  subjects  and 
not  injuring  in  any  way  the  sovereign  rights  of  China,  will  offer  no 
impediment  to  the  attraction  of  foreign  capital  nor  place  foreign 
cajiitalists  at  a greater  disadvantage  than  they  would  be  under  gen- 
erally accepted  foreign  regulations;  and  will  permit  citizens  of  the 
United  States  to  carry  on  in  Chinese  territory  mining  operations  and 
other  necessary  business  relating  thereto  provided  they  comply  with 
the  new  regulations  and  conditions  which  will  be  imposed  by  China 
on  its  subjects  and  foreigners  alike,  relating  to  the  opening  of  mines, 
the  renting  of  mineral  land,  and  the  payment  of  royalty,  and  pro- 
vided they  tippb"  for  permits,  the  provisions  of  which  in  regard  to 
necessary  business  relating  to  such  operations  shall  be  observed.  The 
residence  of  citizens  of  the  United  States  in  connection  with  such 
mining  operations  shall  be  subject  to  such  regulations  as  shall  be 
agreed  upon  by  and  between  the  United  States  and  China. 

Any  mining  concession  granted  after  the  publication  of  such  new 
rules  shall  be  subject  to  their  provisions. 

Article  VIII. 

Drawback  certificates  for  the  return  of  duties  shall  be  issued  by  the 
Imperial  Maritime  Customs  to  citizens  of  the  United  States  within 
three  weeks  of  the  presentation  to  the  Customs  of  the  papers  entitling 
the  applicant  to  receive  such  drawback  certificates,  and  they  shall  be 
receivable  at  their  face  value  in  payment  of  duties  of  all  kinds  (ton- 
nage dues  excepted)  at  the  port  of  issue;  or  shall,  in  the  case  of 
drawbacks  on  foreign  goods  re-exported  within  three  years  from  the 
date  of  importation,  be  redeemable  by  the  Imperial  Maritime  Customs 
in  full  in  ready  money  at  the  port  of  issue,  at  the  option  of  the  holders 
thereof.  But  if,  in  connection  with  any  application  for  a drawback 
certificate,  the  Customs  authorities  discover  an  attemjit  to  defraud  the 
revenue,  the  apjilicant  shall  be  dealt  with  and  punished  in  accordance 
with  the  stipulations  provided  in  the  Treaty  of  Tientsin,  Article 
XXI,  in  the  case  of  detected  frauds  on  the  revenue.  In  case  the 
goods  have  been  removed  from  Chinese  territory,  then  the  consul 
shall  inflict  on  the  guilty  party  a suitable  fine  to  be  paid  to  the 
Chinese  Government. 

Article  IX. 

Whereas  the  United  States  undertakes  to  protect  the  citizens  of  any 
country  in  the  exclusive  use  within  the  United  States  of  any  lawful 
trade-marks,  provided  that  such  country  agrees  by  treaty  or  conven- 
tion to  give  like  protection  to  citizens  of  the  United  States: — 

Therefore  the  Government  of  China,  in  order  to  secure  such  protec- 
tion in  the  United  States  for  its  subjects,  now  agrees  to  fully  protect 
any  citizen,  firm  or  coiqioration  of  the  United  States  in  the  exclusive 
use  in  the  Emjiire  of  China  of  any  lawful  trade-mark  to  the  exclusive 
use  of  which  in  the  United  States  they  are  entitled,  or  which  they 
have  adopted  and  used,  or  intend  to  adopt  and  use  as  soon  as  regis- 
tered, for  exclusive  use  within  the  Empire  of  China.  To  this  end 


CHINA 1903. 


267 


the  Chinese  Government  agrees  to  issue  by  its  proper  authorities 
proclamations,  having  the  force  of  law,  forbidding  all  subjects  of 
China  from  infringing  on,  imitating,  colorably  imitating,  or  know- 
ingly  passing  otf  an  imitation  of  trade-marks  belonging  to  citizens 
of  the  United  States,  which  shall  have  been  registered  by  the  proper 
authorities  of  the  United  States  at  such  offices  as  the  Chinese  Govern- 
ment will  establish  for  such  purpose,  on  payment  of  a reasonable  fee, 
after  due  investigation  by  the  Chinese  authorities,  and  in  compliance 
with  reasonable  regulations. 


Article  X. 

The  United  States  Government  allows  subjects  of  China  to  patent 
their  inventions  in  the  United  States  and  protects  them  in  the  use  and 
ownership  of  such  patents.  The  Government  of  China  now  agrees 
that  it  will  establish  a Patent  Office.  After  this  office  has  been  estab- 
lished and  special  laws  with  regard  to  inventions  have  been  adopted 
it  will  thereupon,  after  the  payment  of  the  prescribed  fees,  issue  cer- 
tificates of  protection,  valid  for  a fixed  term  of  years,  to  citizens  of 
the  United  States  on  all  their  patents  issued  b}^  the  United  States,  in 
respect  of  articles  the  sale  of  which  is  lawful  in  China,  which  do  not 
infringe  on  previous  inventions  of  Chinese  subjects,  in  the  same  man- 
ner as  patents  are  to  be  issued  to  subjects  of  China. 

Article  XI. 

I^Tiereas  the  Government  of  the  United  States  undertakes  to  give 
the  benefits  of  its  copyright  laws  to  the  citizens  of  any  foreign  State 
which  gives  to  the  citizens  of  the  United  States  the  benefits  of  copy- 
right on  an  equal  basis  with  its  own  citizens : — 

Therefore  the  Government  of  China,  in  order  to  secure  such  benefits 
in  the  United  States  for  its  subjects,  now  agrees  to  give  full  protec- 
tion, in  the  same  way  and  manner  and  subject  to  the  same  conditions 
upon  which  it  agrees  to  protect  trade-marks,  to  all  citizens  of  the 
United  States  who  are  authors,  designers  or  proprietors  of  any  book, 
map,  print  or  engraving  especially  prepared  for  the  use  and  education 
of  the  Chinese  jieople,  or  translation  into  Chinese  of  any  book,  in  the 
exclusive  right  to  print  and  sell  such  book,  map,  print,  engraving  or 
translation  in  the  Empire  of  China  during  ten  years  from  the  date  of 
registration.'  With  the  exception  of  the  books,  majis,  etc.,  specified 
above,  which  may  not  be  reprinted  in  the  same  form,  no  work  shall 
be  entitled  to  copyright  privileges  under  this  article.  It  is  under- 
stood that  Chinese  subjects  shall  be  at  liberty  to  make,  print  and  sell 
original  translations  into  Chinese  of  any  works  written  or  of  maps 
compiled  by  a citizen  of  the  United  States.  This  article  shall  not  be 
held  to  protect  against  due  process  of  law  any  citizen  of  the  United 
States  or  Chinese  subject  who  may  be  author,  proprietor  or  seller  of 
any  publication  calculated  to  injure  the  well-being  of  China. 

Article  XII. 

The  Chinese  Government  having  in  1898  opened  the  navigable 
inland  waters  of  the  Empire  to  commerce  by  all  steam  vessels,  native 
or  foreign,  that  may  be  specially  registered  for  the  purpose,  for  the 


268 


TEEATIES,  CONVENTIONS,  ETC. 


conveyance  of  jiassengers  and  lawful  merchandise, — citizens,  firms 
and  corporations  of  the  United  States  may  engage  in  such  commerce 
on  equal  terms  with  those  granted  to  subjects  of  any  foreign  power. 

In  case  either  party  hereto  considers  it  advantageous  at  any  time 
that  the  rules  and  regulations  then  in  existence  for  such  commerce  be 
altered  or  amended,  the  Chinese  Government  agrees  to  consider  ami- 
cably and  to  adopt  such  modifications  thereof  as  are  found  necessary 
for  trade  and  for  the  benefit  of  China. 

The  Chinese  Government  agrees  that,  upon  the  exchange  of  the 
ratifications  of  this  Treaty,  Mukden  and  Antung,  both  in  the  province 
of  Sheng-king,  will  be  opened  by  China  itself  as  places  of  inter- 
national residence  and  trade.  The  selection  of  suitable  localities  to 
be  set  apart  for  international  use  and  occupation  and  the  regulations 
for  these  places  set  apart  for  foreign  residence  and  trade  shall  be 
agreed  upon  by  the  Governments  of  the  United  States  and  China 
after  consultation  together. 


Article  XIII. . 

China  agrees  to  take  the  necessary  steps  to  provide  for  a uniform 
national  coinage  which  shall  be  legal  tender  in  payment  of  all  duties, 
taxes  and  other  obligations  throughout  the  Empire  by  the  citizens  of 
the  United  States  as  well  as  Chinese  subjects.  It  is  understood,  how- 
ever, that  all  Customs  duties  shall  continue  to  be  calculated  and  paid 
on  the  basis  of  the  Haikuan  Tael. 

Article  XIV. 

The  principles  of  the  Christian  religion,  as  professed  by  the  Protes- 
tant and  Roman  Catholic  Churches,  are  recognized  as  teaching  men  to 
do  good  and  to  do  to  others  as  they  would  have  others  do  to  them. 
Those  who  quietly  profess  and  teach  these  doctrines  shall  not  be 
harassed  or  persecuted  on  account  of  their  faith.  Any  person,  whether 
citizen  of  the  United  States  or  Chinese  convert,  who,  according  to 
these  tenets,  jieaceably  teaches  and  practices  the  principles  of  Chris- 
tianity shall  in  no  case  be  interefered  with  or  molested  therefor.  Xo 
restrictions  shall  be  placed  on  Chinese  joining  Christian  churches. 
Converts  and  non-converts,  being  Chinese  subjects,  shall  alike  con- 
form to  the  laws  of  China ; and  shall  pay  due  respect  to. those  in  au- 
thority, living  together  in  jieace  and  amity ; and  the  fact  of  being  con- 
verts shall  not  protect  them  from  the  consequences  of  any  offence  they 
may  have  committed  before  or  may  commit  after  their  admission  into 
the  church,  or  exempt  them  from  paying  legal  taxes  levied  on  Chinese 
subjects  generall}’’,  except  taxes  levied  and  contributions  for  the  sup- 
jiort  of  religious  customs  and  practices  contrary  to  their  faith.  INIis- 
sionaries  shall  not  interfere  with  the  exercise  by  the  native  authori- 
ties of  their  jurisdiction  over  Chinese  subjects;  nor  shall  the  native 
authorities  make  any  distinction  between  converts  and  non-converts, 
but  shall  administer  the  laws  without  partiality  so  that  both  classes 
can  lii^e  together  in  peace. 

Missionary  societies  of  the  United  States  shall  be  permitted  to  rent 
and  to  lease  in  perpetuity,  as  the  property  of  such  societies,  buildings 
or  lands  in  all  parts  of  the  Empire  for  missionary  imrposes  and,  after 


CHINA 1903. 


269 


the  title  deeds  have  been  found  in  order  and  duly  stamped  by  the  local 
authorities,  to  erect  such  suitable  buildings  as  may  be  required  for 
carrying  on  their  good  work. 

Article  XV. 

The  Government  of  China  having  expressed  a strong  desire  to  re- 
form' its  judicial  system  and  to  bring  it  into  accord  with  that  of 
Western  nations,  the  United  States  agrees  to  give  every  assistance  to 
such  reform  and  will  also  be  prepared  to  relinquish  extra-territorial 
rights  when  satisfied  that  the  state  of  the  Chinese  laws,  the  arrange- 
ments for  their  administration,  and  other  considerations  warrant  it 
in  so  doing. 

Article  XVI. 

The  Government  of  the  United  States  consents  to  the  prohibition  by 
the  Government  of  China  of  the  importation  into  China  of  morphia 
and  of  instruments  for  its  injection,  excepting  morphia  and  instru- 
ments for  its  injection  imported  for  medical  purposes,  on  payment  of 
tariff  duty,  and  under  regulations  to  be  framed  by  China  which  shall 
efi'ectually  restrict  the  use  of  such  import  to  the  said  purposes.  This 
prohibition  shall  be  uniformly  applied  to  such  importation  from  all 
countries.  The  Chinese  Government  undertakes  to  adopt  at  once 
measures  to  prevent  the  manufacture  in  China  of  morphia  and  of 
instruments  for  its  injection. 

Article  XVII. 

It  is  agreed  between  the  High  Contracting  Parties  hereto  that  all 
the  provisions  of  the  several  treaties  between  the  United  States  and 
China  which  were  in  force  on  the  first  day  of  January  A.  D.  1900,  are 
continued  in  full  force  and  effect  except  in  so  far  as  they  are  modified 
by  the  present  Treaty  or  other  treaties  to  which  the  United  States  is 
a party. 

The  present  Treaty  shall  remain  in  force  for  a period  of  ten  years 
beginning  with  the  date  of  the  exchange  of  ratifications  and  until 
a revision  is  effected  as  hereinafter  provided. 

It  is  further  agreed  that  either  of  the  High  Contracting  Parties  may 
demand  that  the  tariff  and  the  articles  of  this  convention  be  revised 
at  the  end  of  ten  years  from  the  date  of  the  exchange  of  the  ratifica- 
tions thereof.  If  no  revision  is  demanded  before  the  end  of  the  first 
term  of  ten  years,  then  these  articles  in  their  present  form  shall  re- 
main in  full  force  for  a further  term  of  ten  years  reckoned  from  the 
end  of  the  first  term,  and  so  on  for  sugcessive  periods  of  ten  years. 

The  English  and  Chinese  texts  of  the  present  Treaty  and  its  three 
annexes  have  been  carefully  compared ; but,  in  the  event  of  there  being 
any  difference  of  meaning  between  them,  the  sense  as  expressed  in 
the  English  text  shall  be  held  to  be  the  correct  one. 

This  Treaty  and  its  three  annexes  shall  be  ratified  by  the  two  High 
Contracting  Parties  in  conformity  with  their  respective  constitutions, 
and  the  ratifications  shall  be  exchanged  in  Washington  not  later  than 
twelve  months  from  the  present  date. 


270 


TBEATIES,  CONVENTIONS,  ETC. 


In  testimonj^  'whereof,  'we,  the  undersigned,  by  virtue  of  our  respec- 
tive powers,  have  signed  this  Treaty  in  duplicate  in  the  English  and 
Chinese  languages,  and  have  affixed  our  respective  seals. 

Done  at  Shanghai,  this  eighth  day  of  October  in  the  year  of  our 
Lord  one  thousand  nine  hundred  and  three,  and  in  the  twenty  ninth 
year  of  Kuang  Ilsii  eighth  month  and  eighteenth  day. 

Edwin  H.  Conger  [seal.] 
John  Goodnow.  [seal.] 

John  F.  Seaman  [seal.] 

Signatures  and  seal  of  Chinese  Plenipotentiaries. 

[Lii  Hai-huan] 

[Sheng  Hsuan-huai] 

Annex  I. 

As  citizens  of  the  United  States  are  already  forbidden  by  treaty  to 
deal  in  or  handle  opium,  no  mention  has  been  made  in  this  Treaty  of 
opium  taxation. 

As  the  trade  in  salt  is  a government  monopoly  in  China,  no  mention 
has  been  made  in  this  Treaty  of  salt  taxation. 

It  is,  however,  understood,  after  full  discussion  and  consideration, 
that  the  collection  of  inland  dues  on  opium  and  salt  and  the  means  for 
the  protection  of  the  revenue  therefrom  and  for  preventing  illicit 
traffic  therein  are  left  to  be  administered  by  the  Chinese  Government 
in  such  manner  as  shall  in  no  wise  interfere  with  the  provisions  of 
Article  IV  of  this  treaty  regarding  the  unobstructed  transit  of  other 
goods. 

Edwin  H.  Conger  [seal.] 
John  Goodnow  [seal.] 

John  F.  Seaman  [seal.] 

Signatures  and  seal  of  Chinese  Plenipotentiaries. 

[Lu  Hai-huan] 

[Sheng  Hsuan-huai] 

Annex  II. 

Article  IV  of  the  Treaty  of  Commerce  between  the  United  States 
and  China  of  this  date  provides  for  the  retention  of  the  native  Cus- 
toms offices  at  the  open  ports.  For  the  purpose  of  safeguarding  the 
revenue  of  China  at  such  places,  it  is  understood  that  the  Chinese 
Government  shall  be  entitled  to  establish  and  maintain  such  branch 
native  Customs  offices  at  each  open  port,  within  a reasonable  distance 
of  the  main  native  Customs  offices  at  the  port,  as  shall  be  deemed  by 
the  authorities  of  the  Imperial  INIaritime  Customs  at  that  port  neces- 
sary to  collect  the  revenue  from  the  trade  into  and  out  of  such  port. 
Such  branches,  as  well  as  the  main  native  Customs  offices  at  each  open 
port,  shall  be  administered  by  the  Imperial  Maritime  Customs  as  pro- 
vided by  the  Protocol  of  1901. 

Edwin  H.  Conger  [seal.] 
John  Goodnow  [seal.] 

John  F.  Seaman  [seal.] 

Signatures  and  seal  of  Chinese  Plenipotentiaries. 

I Lii  Hai-huan] 

[Sheng  Hsuan-huai] 


CHINA 1903. 


271 


Annex  III. 

The  schedule  of  tariff  duties  on  imported  goods  annexed  to  this 
Treaty  under  Article  V is  hereby  mutually  declared  to  be  the  schedule 
agreed  upon  between  the  representatives  of  China  and  the  United 
States  and  signed  by  John  Goodnow  for  the  United  States  and  Their 
Excellencies  Lii  Hai-huan  and  Sheng  Hsiian-huai  for  China  at 
Shanghai  on  the  sixth  day  of  September  A.  D.  1902,  according  to  the 
Protocol  of  the  seventh  day  of  September  A.  D.  1901. 

Edwin  H.  Conger  [seal.] 
John  Goodnow  [seal.] 

John  F.  Seaman  [seal.] 

Signatures  and  seal  of  Chinese  Plenipotentiaries. 

[Lii  Hai-huan] 

[Sheng  Hsuan-huai] 

Import  Tariff. 


Agar-agar 

Agaric.  See  Fungus. 

Amber 

Aniseed  (star)  : 

First  quality  (value  15  taels 
Second  quality  (value  under 
Apricot  seed 

Arrowroot  and  arrowroot  flour  . 
Asafetida 

Ashestns  boiler  composition 

and  over  per  picul) 

15  taels  per  picul) 

-per  picul 

per  catty 

per  picul  , 

do 

do 

-per  picul  _ 
do 

0.  soa 

.325 

1.  000 
.440 
.900 

5 per  ct. 
1.  000 
. 200 

Asbestus  fiber 

do 

5.  000 

Asbestus  millboard 

do 

.500 

Asbestus  packing,  including  sheets  and  blocks 

do 

3.  500 

Asbestus  packing,  metallic 

do 

5.  000 

Asbestus  yarn 

do 

2.  250 

Awabi  _ _ _ 

do 

1.  500 

Bacon  and  ham_ 

5 per  ct. 

Bags : 

Grass 

per 

thousand 

1.250 

Gunny 

do 

4.  250 

Gunny  (old) 

5 per  ct. 

Hemp 

per 

thousand 

4.  250 

Hemp  (old) 

5 per  ct. 

Straw 

per  thousand 

1.  250 

Baking  powder  in  bottles  or  tins 

4-ounce 

per  dozen 

.083 

6-ounce 

do 

.110 

8-ounce 

do 

.145 

12-ounce 

do 

.226 

1-pound 

do 

.303 

3-pound 

do 

.810 

5-pound 

do 

1.  350 

Bark : 

Mangrove 

per  picul 

.073 

Plum  tree 

do 

.120 

Yellow  (for  dvelng) 

5 per  ct. 

Yellow  (medicinal) 

per  picul 

. 800 

Barley,  pearl 

per  picul 

.300 

Basins,  iron  (enameled)  : 

Up  to  9 inches  in  diameter,  decorated  or  not  decorated. 

.per  dozen 

.050 

Over  9 inches  in  diameter,  agate. 

blue  and  white,  gray  or  mottled, 

not  decorated 

.per  dozen 

.090 

Over  9 inches  in  diameter,  decorated  (with  gold) 

do 

.175 

Over  9 inches  in  diameter,  decorated  (without  gold). 

do 

.125 

272 


TREATIES,  CONVENTIONS,  ETC. 


Basins,  tin  (common) per  gross 

Beads : 

Coral per  catty 

Cornelian per  picul 

Glass  of  all  kinds 

Beer.  Sec  Wines,  etc. 

Beeswax,  yellow per  picul 

Belting 

Betel-nut  husk : 

Dried per  picul 

Fresli do 

Betel-nut  leaves,  dried do 

Betel  nuts : 

Dried ,do 

Fresh do 

Bezoar  cow,  Indian 

Bicho  de  Mar ; 

Black per  picul 

White do 

Bicycle  materials 

Bicycles each 

Birds'  nests : 

First  quality per  catty 

Second  quality do 

Third  quality do 

Blue : 

Paris per  picul 

Prussian do 

Bones,  tiger do 

Books : 

Chinese 


Printed,  and  charts,  maps,  newspapers,  and  periodicals. 


Borax  : 

Crude per  picul__ 

Beflued do 

Braid,  llama do 

Bricks,  fire 

Bronze  powder per  picul 

Butter  in  tins,  jars,  and  other  packages do 

Buttons : 

Agate  and  porcelain per  12  gross 

Brass  and  other  kinds  (not  jewelry) per  gross 

Byrrh.  ( See  Wines,  etc.) 

Camphor per  picul — 

Camphor  baroos ; 

Clean per  catty — 

Refuse 

Candles : 

9-ounce per  case  of  25  packages  of  6 candles 

12-ounce do 

16-ounce do 

All  kinds,  differently  packed per  picul — 

Other  weights,  duty  in  proportion. 

Canes : 

Bamboo per  thousand 

Coir — 

1 foot  long per  picul — 

5 feet  long per  thousand 


Canned  fruits,  vegetables,  etc.  (all  weights  and  measures  approxi- 
mate) : 

Table  fruits  (apples,  apricots,  grapes,  peaches,  pears,  and  plums), 

per  dozen  21-pound  cans 

Pie  fruits  (apples,  apricots,  grapes,  peaches,  pears,  and  plums),  per 

dozen  21-pound  cans 

Preserved  fruits  in  glass  bottles,  jars,  cardboard,  or  wooden  boxes. 
Including  weight  of  immediate  package per  picul — 


0.  250 

.750 
7.000 
per  ct. 

1.  600 
per  ct. 

.077 

.018 

.045 

. 225 
.018 
5 per  ct 

1.  600 
. 700 
5 per  ct. 
3.  000 

1.400 

.450 

.150 

1.  500 
1.500 

2.  500 

Free. 

Free. 

.610 
1. 460 
5.  000 
5 per  ct. 
2.  200 
2.  000 

.010 

.020 

1.  650 

2.  4.50 
5 per  ct. 

.075 
.100 
.133 
. 750 


.400 

.200 

.300 


.065 

.057 

.650 


CHINA — 1903. 


Canned  fruits,  vegetables,  etc. — Continued. 

Asparagus per  dozen  2i-pound  tins 

Com per  dozen  2-pound  tins 

Pease do 

String  beans do 

Tomatoes per  dozen  25-pound  tins 

All  other  vegetables  preserved  in  tins,  bottles,  or  jars,  including 

weight  of  immediate  package per  picul 

Tomato  sauce  and  catsup — 

}-pint  bottles per  dozen 

1-pint  bottles do 

Jams  and  jellies — 

1- pound  tins,  bottles,  or  jars per  dozen 

2- pound  tins,  bottles,  or  jars do 

Milk  (including  condensed) per  case  of  4 dozen  1-pound  tins 

Cream,  evaporated — 

4 dozen  pints  (family  size) per  case 

2 dozen  quarts  (hotel  size) dol 

Canned  meats — 

Bacon  or  ham,  sliced — 

Half-pound  tins per  dozen 

1-pound  tins do 

Dried  beef,  sliced per  dozen  1-pound  jars 

Mince-meat — 

1^-pound  palls per  dozen 

3-pound  pails do 

Kits  (half  barrels  and  barrels) per  picul 

Pork  and  beans,  plain  or  with  tomato  sauce — 

1- pound  tins per  dozen 

2- pound  tins do 

3- p6und  tins do 

Potted  and  deviled  meat — 

Quarter-pound  tins do 

Half-pound  tins do 

Potted  and  deviled  poultry  and  poultry  and  meat  combined — 

Quarter-pound  tins per  dozen 

Half-pound  tins do 

Soup  and  bouilli— 

2-pound  tins do 

6-pound  tins do 

Tamales,  chicken — 

Half-pound  tins do 

1-pound  tins do 

Tongues  of  every  description — 

Half-pound  tins do 

1- pound  tins do 

14-pound  tins do 

2- pound  tins do 

24-poun^  tins do 

3- pound  tins do 

3j-pound  tins do 

All  other  canned  meats,  including  game,  of  every  description, 
with  or  without  vegetables — 

Half-pound  tins per  dozen 

1- pound  tins do 

2- pound  tins do 

4- pound  tins do 

6-pound  tins do 

14-pound  tins do 

Canvas  and  cotton  duck,  not  exceeding  .36  inches  wide per  yard 

Capoor  cutchery 

Cardamoms — 

Superior,  and  amomums per  picul 

Inferior,  or  grains  of  paradise do 

Husk do 

Cards,  playing 


273 


0. 118 

. 0.54 
.060 
. 0,54 
.054 

. 525 

.054 

.087 

. 060 
.118 
. 250 

.230 

.260 


. 077 
. 144 
.144 

. 100 
.181 
. 729 

. 040 
.075 
. 085 

. 022 
. 042 

. 042 
. 072 

. 101 
. 244 

.051 

.080 

. 098 
.204 
.287 
.333 
. 445 
. .515 
.545 


.052 
.063 
.120 
. 210 
.370 
.810 
.010 
5 per  ct. 

10.  000 
1.  000 
. 250 
5 per  ct, 


24449— VOL  1—10 


-18 


274  TKEATIES,  CONVENTIONS,  ETC. 

Cassia : 

Buds per  picul 

Lignea do 

Twigs do 

Cement per  cask  of  3 piculs 


Cereals  and  flour  (including  barley,  maize,  millet,  oats,  paddy,  rice, 
wheat,  and  flour  made  therefrom ; also  buckwheat  and  buckwheat 
flour,  corn  flour  and  yellow  corn  meal,  rye  flour,  and  hovis  flour,  but 
not  including  arrowroot  and  arrowroot  flour,  cracked  wheat,  germea, 
hominy,  pearl  barley,  potato  flour,  quaker  oats,  rolled  oats,  sago  and 
sago  flour,  shredded  wheat,  tapioca  and  tapioca  flour,  and  yam 


flour) 

Chairs,  Vienna  bent-wood per  dozen 

Charcoal per  picul 

Cheese 

Chestnuts per  picul__ 

China  root,  whole,  sliced,  or  in  cubes do 

China  ware,  coarse  and  fine 

Chloride  of  lime per  picul 

Chocolate,  sweetened per  pound 

Cigarettes : 


First  quality  (value  exceeding  4.50  taels  per  thousand),  per  thou- 
sand   

Second  quality  (value  not  exceeding  4.50  taels  per  thousand),  per 


thousand  

Cigars 

Cinnabar per  picul 

Cinnamon do 

Clams,  dried do 

Clocks  of  all  kinds 

Cloves per  picul 

Cloves,  mother do 

Coal : 

Asiatic per  ton 

Other  kinds do 

Asiatic,  briquettes do 

Cochineal 

Cockles : 

Dried per  picul 

Fresh  do 

Cocoa  do 

Coffee do 

Coir  canes : 

1 foot  long do 

5 feet  long per  thousand — 

Coke: 

Asiatic per  ton__ 

Other  kinds do 

Compoy per  picnl__ 

Coral per  catty__ 

Coral  beads do 

Coral,  broken  and  refuse do 

Cordage  of  all  kinds 

Cornelian  beads per  picul — 

Cornelian  stones,  rough per  hundred — 

Corundum  sand per  picul — 

Cotton  piece  goods: 

Gray  shirtings  or  sheetings,  not  exceeding  40  inches  wide  and  not 
exceeding  40  yards  long — 

(а)  Weight  7 pounds  and  under per  piece — 

(б)  Weight  over  7 pounds  and  not  over  9 pounds do 

(c)  Weight  over  9 pounds  and  not  over  11  pounds do 

id)  Weight  over  11  pounds do 

Imitation  native  cotton  cloth  (hand-made),  gray  or  bleached — 

(a)  Not  exceeding  20  inches  wide  and  not  exceeding  20  yards 

long:  weight  3 pounds  and  under per  piece — 

(&)  Exceeding  20  inches  wide 


0.  750 
.920 
.170 
.150 


Free. 
. 800 
. 030 
5 per  ct. 
. 180 
. (!50 
5 per  ct. 
. 300 
. 012 


.500 


.090 
. 500 

3.  750 

4.  000 
. 550 

5 per  ct. 
. 630 
..360 

. 250 
.600 
. 500 
5 per  ct. 

. 500 
. 050 
3.  600 
1.  000 

. 200 
. 300 

. 500 
. 900 
2.  000 
1. 110 
. 750 
. 550 
5 per  ct. 
7.  000 
.300 
.195 


.050 
.080 
. 110 
. 120 


.027 
5 per  ct. 


CHINA 1903. 


275 


Cotton  piece  goods — Continued. 

White  shirtings,  white  Irishes,  white  sheetings,  white  brocades, 
and  white  striped  or  spotted  shirtings : not  exceeding  37  inches 

wide  and  not  exceeding  42  yards  long per  piece — 

Drills,  gray  or  white : not  exceeding  31  inches  wide  and  not  ex- 
ceeding 40  yards  long — 

(a)  Weight  12 J pounds  and  under per  piece — 

(&)  Weight  over  12J  pounds do 

Jeans,  gray  or  white — 

(a)  Not  exceeding  31  inches  wide  and  not  exceeding  30  yards 

long  per  piece 

(h)  Not  exceeding  31  inches  wide  and  not  exceeding  40  yards 

long  per  piece 

T cloths,  gray  or  white — 

(a)  Not  exceeding  34  inches  wide  and  not  exceeding  24  yards 

long  per  piece 

(b)  Not  exceeding  34  inches  wide  and  exceeding  24  yards,  but 

not  exceeding  40  yards  long per  piece 

(c)  Exceeding  .34  inches  but  not  exceeding  37  inches  wide  and 

not  exceeding  24  yards  long per  piece — 

Crimp  cloth  and  crape,  plain — 

(a)  Not  exceeding  30  inches  wide  and  not  exceeding  6 yards 

long per  piece 

(b)  Not  exceeding  30  inches  wide,  exceeding  6 yards  but  not 

exceeding  10  yards  long per  piece 

(c)  Not  exceeding  30  inches  wide  but  exceeding  10  yards 

long per  yard 

White  muslins,  white  lawns : and  white  cambrics : not  exceeding 

46  inches  wide  and  not  exceeding  12  yards  long per  piece 

Mosquito  netting,  white  or  colored : not  exceeding  90  inches  wide, 

per  yard  

Lenos  and  Balzarines,  white,  dyed,  or  printed : not  exceeding  31 

inches  wide  and  not  exceeding  30  yards  long per  piece 

Leno  brocades  and  balzarine  brocades,  dyed 

Prints — ' 

(a)  Printed  cambrics,  lawns,  or  muslins:  not  exceeding  46  inches 

wide  and  not  exceeding  12  yards  long per  piece 

(b)  Printed  chintzes,  printed  crapes,  printed  drills,  printed  furni- 

tures, printed  shirtings,  printed  T-cloths  (including  those 
goods  known  as  blue  and  white  printed  T-cloths),  printed 
twills:  but  not  including  goods  mentioned  in  (e)  and  (h)  — 

1.  Not  exceeding  20  inches  wide 

2.  Exceeding  20  inches  but  not  exceeding  31  inches  wide 

and  not  exceeding  30  yards  long per  piece 

(c)  Printed  crimp  cloth — 

1.  Not  exceeding  30  inches  wide  and  not  exceeding  6 yards 

long per  piece— 

2.  Not  exceeding  30  inches  wide,  exceeding  6 yards  but  not 

exceeding  10  yards  long per  piece 

3.  Not  exceeding  30  inches  wide  but  exceeding  10  yards  long. 

per  yard  

(d)  Printed  lenos  and  balzarines:  not  exceeding  31  inches  wide 

and  not  exceeding  30  yards  long per  piece 

(e)  Printed  sheetings:  not  exceeding  36  inches  wide  and  not  ex- 

ceeding 43  yards  long per  piece 

(/)  Printed  Turkey  reds:  of  all  kinds,  not  exceeding  31  inches 
wide  and  not  exceeding  25  yai’ds  long per  piece 

(g)  Printed  sateens,  printed  satinets,  printed  reps,  printed  cot- 

ton lastings,  including  all  cotton  piece  goods  which  are 
both  dyed  and  printed,  except  those  specified  in  (/)  and 
(b),  and  including  any  special  finish,  such  as  mercerized 
finish,  Schreiner  finish,  gassed  finish,  silk  finish,  or  electric 
finish : not  exceeding  32  inches  wide  and  not  exceeding  32 
yards  long per  piece 

(h)  Duplex  prints  or  reversible  cretonnes  (not  including  those 

goods  known  as  blue  and  white  printed  T-cloths) 


0. 135 


• KK) 
.125 

.090 

.120 

.070 

.135 

.OSO 


.027 


.035 


. 003^ 

. 032 

. 010 

. 090 
5 per  ct. 


.0.37 


5 per  ct. 
.080 


. 027 
. 035 
. 0034 
.090 
. 185 
.100 


.250 

5 per  ct. 


276 


TREATIES,  CONVENTIONS,  ETC. 


Dyed  cottons — 

(a)  Dyed  plain  cottons,  i.  e.,  without  woven  or  embossed  figures 

(including  plain  Italians,  lastings,  reps,  and  ribs,  and  all 
other  dyed  plain  cottons  not  otherwise  enumerated,  and 
including  any  special  finish,  such  as  mercerized  finish, 

Schreiner  finish,  gassed  finish,  silk  finish,  or  electric  finish)  ; 
not  exceeding  36  inches  wide  and  not  exceeding  33  yards 
long per  piece 0.  240 

(b)  Dyed  figured  cottons,  i.  e.,  with  woven  or  embossed  figures 

(including  figured  Italians  and  lastings,  figured  reps,  and 
figured  ribs,  and  all  other  dyed  figured  cottons  not  other- 
wise enumerated,  and  including  any  special  finish,  such  as 
mercerized  finish,  schreiner  finish,  gassed  finish,  silk  finish, 
or  electric  finish)  : not  exceeding  36  inches  wide  and  not 
exceeding  33  yards  long per  piece . 150 

(c)  Dyed  crimp  cloth — 

1.  Not  exceeding  30  inches  wide  and  not  exceeding  6 yards 

long per  piece . 027 

2.  Not  exceeding  30  inches  wide,  exceeding  6 yards  but  not 

exceeding  10  yards  long per  piece . 035 

3.  Not  exceeding  30  inches  wide  but  exceeding  10  yards 

long per  yard . 003i 

(d)  Dyed  drills:  not  exceeding  31  inches  wide  and  not  exceed- 

ing 43  yards  long per  piece . 170 

(c)  Dyed  lenos  and  balzarines:  not  exceeding  31  inches  wide 

and  not  exceeding  30  yards  long per  piece . 090 

(/)  Dyed  leno  brocades 5 per  ct. 

(g)  Dyed  muslins,  lawns,  and  cambrics:  not  exceeding  40  inches 

wide  and  not  exceeding  12  yards  long per  piece . 037 

(/()  Dyed  shirtings  and  sheetings:  not  exceeding  36  inches  wide 

and  not  exceeding  43  yards  long per  piece . 150 

(i)  Hongkong-dyed  shirtings:  not  exceeding  36  inches  wide  and 

not  exceeding  20  yards  long per  piece . 100 

{})  Dyed  cotton  cuts:  not  exceeding  36  inches  wide  and  not  ex- 
ceeding 5J  yards  long per  piece . 022^ 

(N.  B. — The  pro  rata  rule  does  not  apply.) 

(A)  Dyed  T-cloths  (including  dyed  alpaciauos),  dyed  real  and 
imitation  Turkey  reds  of  all  kinds : not  exceeding  32  inches 
wide  and  not  exceeding  25  yards  long — 


1.  Weight  3i  pounds  and  under per  piece — . 060 

2.  Weight  over  3i  pounds do . 100 


Flannelettes  and  cotton  Spanish  stripes — 

(c)  Cotton  flannel.  Canton  flannel,  swan’s-down,  flannelettes,  and 
raised  cotton  cloths  of  all  kinds,  plain,  dyed,  and  printed — 

1.  Not  exceeding  36  inches  wide  and  not  exceeding  15  yards 

long per  piece . 065 

2.  Not  exceeding  36  inches  wide,  exceeding  15  yards  but  not 

exceeding  30  yards  long per  piece .130 

(b)  Dyed  cotton  Spanish  stripes — 

1.  Not  exceeding  32  inches  wide  and  not  exceeding  20  yards 

long per  piece . 085 

2.  Exceeding  32  inches  but  not  exceeding  64  inches  wide  and 

not  exceeding  20  yards  long per  piece . 170 

Colored  woven  cottons,  i.  e.,  dyed  in  the  yarn,  except  crimp  cloth 5 per  ct. 

Crimp  cloth — 

(a)  Not  exceeding  30  inches  wide  and  not  exceeding  6 yards  long, 

per  piece . 027 

(b)  Not  exceeding  30  inches  wide  and  exceeding  6 yards  but  not 

exceeding  10  yards  long per  piece . 035 

(c)  Not  exceeding  30  inches  wide  but  exceeding  10  yards  long, 

per  yai’d . 0034 

Velvets  and  velveteens,  velvet  cords,  and  fustians — • 

(a)  Velvets  and  velveteens,  plain — 

1.  Not  exceeding  18  inches  wide per  yard . 006 

2.  Exceeding  18  inches  but  not  exceeding  22  inches  wide,  per 

yard 


.007 


CHINA — 1903. 


277 


Velvets  and  velveteens,  velvet  cords,  and  fustians — Continued. 

(а)  Velvets  and  velveteens,  plain — Continued. 

3.  Exceeding  22  inches  but  not  exceeding  26  inches  wide,  per 

yard 0.  008 

(б)  Velvets  and  velveteens,  printed  or  embossed;  not  exceeding 

30  inches  wide per  yard — . 015 

(c)  Dyed  velvet  cords,  dyed  velveteen  cords,  dyed  corduroys,  dyed 
fustians  of  any  description : not  exceeding  30  inches  wide, 

per  yard . 015 

Blankets,  cotton,  plain,  printed,  or  jacquard per  piece — . 030 

Handkerchiefs,  cotton — 

(a)  Plain,  dyed,  or  printed,  not  embroidered,  hemstitched  or 

initialed  : not  exceeding  1 yard  square per  dozen — . 020 

(b)  All  other  handkerchiefs 5 per  ct. 

Singlets  or  drawers,  cotton per  dozen — . 125 

Socks,  cotton  (including  lisle  thread)  — 

First  quality  (i.  e.,  valued  at  1 tael  or  over  per  dozen  pairs), 

per  dozen  pairs .075 

Second  quality  (f.  e.,  valued  at  less  than  1 tael  per  dozen 

pairs),  per  dozen  pairs .032 

Towels,  cotton — 

(a)  Honeycomb  or  huckaback,  plain  or  printed  (dimensions 
exclusive  of  fringe)  — 

1.  Not  exceeding  18  inches  wide  and  not  exceeding  40 


inches  long per  dozen . 020 

2.  Exceeding  18  inches  wide  and  not  exceeding  50  inches 

long per  dozen . 030 

(b)  All  other  towels 5 per  ct. 

Cottons,  unclassed 5 per  ct. 

Cotton,  raw per  picul__  . 600 

Cotton  thread : 

Ball  thread,  dyed  or  undyed do 3.  000 

On  spools — 

50  yards per  gross . 040 

100  yards do . 080 

200  yards do . 160 

Cotton  yarn : 

Gray  or  bleached lier  picul . 950 

Dyed 5 per  ct. 

Gassed 5 per  ct. 

Mercerized 5 per  ct. 

Wooloa  or  berlinette per  picul ,3.  500 

Cow  bezoar,  Indian 5 per  ct. 

Crabs’  flesh per  picul . 600 

Crocodile  (including  armadillo)  scales do .600 

Currants do . 500 

Cutch . do . 300 

Cuttleflsh do . 667 

Dyes,  colors,  and  paints : 

Aniline 5 per  ct. 

Blue— 

Paris per  picul 1.500 

Prussian do 1.  500 

Bronze  powder do 2.  200 

Carthamin 5 per  ct. 

Chrome  yellow 5 per  ct. 

Cinnabar per  picul 3.750 

Gamboge do 2. 700 

Green — 

Emerald do 1.000 

Schweinfurt,  or  imitation do 1. 000 

Indigo — 

Dried,  artlflcial  or  natural 5 per  ct. 

Liquid — 

Artificial per  picul 2. 025 

Natural do . 215 

Paste,  artificial ' do 2.  025 


278 


TREATIES,  CONVENTIONS,  ETC. 


Dyes,  colors,  and  paints — Continued. 


Lead — 

Red,  dry  or  mixed  ^Yitll  oil per  picul 

White,  dry  or  mixed  with  oil do 

Yellow,  dry  or  mixed  with  oil do 

Logwood  extract do 

Ocher do 

Smalt 1 do 

Ultramarine do 

Vermilion do 

Imitation 

White  zinc 

Paints,  nnclassed 

Elephants’  teeth  (other  than  tusks)  and  jaws,  whole  or  part_per  picuL- 

Blephants’  tusks,  whole  or  part per  catty 

Emery  cloth  and  sandpaper  (sheets  not  exceeding  144  square  inches), 

per  ream 

Emei’y  powder 

Enameled  ironware : 

Mugs,  cups,  basins,  and  bowls,  9 inches  or  under  in  diameter,  deco- 
rated or  not  decorated per  dozen 

Basins  and  bowls,  over  9 inches  in  diameter,  agate,  blue  and  white, 

gray,  mottled,  not  decorated per  dozen 

Basins  and  bowls,  over  9 inches  in  diameter,  decorated  (with 

gold),  per  dozen 

Basins  and  bowls,  over  9 inches  in  diameter,  decorated  (without 

gold),  per  dozen 

Enamel  ware,  unclassed 

Fans: 

Palm-leaf — 

Coarse per  thousand 

Fine do 

Fancy do 

Paper  or  cotton,  of  all  kinds do 


Silk 

Feathers : 

Kingfisher — 

Part  skins  (i.  e.,  wings,  tails,  or  backs) per  hundred 

Whole  skins do 

‘ Peacock 

Files.  See  Tools. 

Fire  ciay per  picul 

Firewood do 

Fish : 

Cuttle do 

Dried  or  smoked,  in  bulk  (including  stockfish  but  not  including 

cuttle  fish) per  picul 

Fresh do 

Maws do 

Salt do 

Stock do 

Fishskins do 

Flints do 

Flour.  See  Cereals. 

Flour,  arrowroot,  potato,  sago,  tapioca,  yam 

Fungus  or  agaric per  picui 

Fungus,  white per  catty 

Galangal per  picul 

Gambler do 

Gambier,  false  or  cunao  (yam-root  dyestuff) do 

Gamboge do 

Gasoline  or  stove  naphtha per  10  gallon  drum 

Ginseng : 

Crude — 

Fir.st  quality  (value  exceeding  2 taels  per  catty) __per  catty— 


Second  quality  (value  not  exceeding  2 taels  per  catty )_do 


0.  450 
.4.50 
.450 
. 600 
.600 
1.600 
. 500 
4.  0(X) 
5 per  ct. 
5 per  ct. 
5 per  ct. 
3.  000 
. 170 

.250 
5 per  ct. 


.050 

.090 

.175 

.125 
5 per  ct. 


0.  280 
. 450 
1.000 
1.400 
5 per  ct. 


.250 
.600 
5 per  ct. 

.050 
. 010 

.667 

.315 

.137 

4.250 

.160 

.315 

.600 

.040 

5 per  ct. 

1.  750 
. 250 
.170 
.300 
.150 

2.  700 
.150 


.210 

.072 


CHINA — 1903. 


279 


Ginseng — Continued. 

Clarified  or  cleaned — 

First  quality  (value  exceeding  11  taels  per  catty)  per  catty 1. 100 

Second  quality  (value  exceeding  6 taels  but  not  exceeding  11 

taels  per  catty) per  catty — .375 

Third  quality  (value  exceeding  2 taels  but  not  not  eceeding  6 

taels  per  catty) per  catty—  .220 

Fourth  quality  (value  not  exceeding  2 taels  per  catty) -do . 080 

Glass : 

Plate- 

Silvered per  square  foot — . 025 

Unsilvered 5 per  ct. 

Window — 

Colored,  stained,  ground,  or  obscured,  per  box  of  100  square 

feet . 350 

Common,  not  stained,  colored,  or  otherwise  obscured,  per  box 

of  100  square  feet . 170 

Glass  powder  (see  match-making  materials) per  picul — .110 

Glue do . 830 

Gold  thread,  imitation.  See  Thread. 

Groundnuts do . 150 

Gum  arable do 1.  000 

Gum  benjamin do . 600 

Gum  benjamin,  oil  of 5 per  ct. 

Gum  dragon’s  blood per  picul 4. 000 

Gum  myrrh do . 465 

Gum  olibanum do .450 

Gum  resin do . 187 

Gutta-percha.  See  India  Rubber. 

Hair,  horse do 1.  400 

Hair,  horsetails do 2.  500 

Hams 5 per  ct. 

Handkerchiefs.  See  Cotton  piece  goods. 

Hartall  or  orpiment per  picul . 450 

Hemp 5 per  ct. 

Hessians  or  burlaps,  all  weights per  1,000  yards—  2.  850 

Hide  poison  or  specific 5 per  ct. 

Hides,  buffalo  and  cow per  picul . 800 

Hollow-ware : cast  coated  or  tinned do . 500 

Hoofs,  animal do . 125 

Hops 5 per  ct. 

Horns : 

Buffalo  and  cow per  picul . 350 

Deer 5 per  ct. 

Rhiuocerosi per  catty 2.  400 

Hosiery.  See  Cotton  piece  goods  (socks). 

India-rubber  and  gutta-percha  articles  (other  than  boots  and  shoes) 5 per  ct. 

India-rubber  and  gutta-percha,  crude per  picul 3.140 

India-rubber  boots per  pair . 080 

India-rubber  shoes do . 020 

India-rubber,  old  (fit  only  for  remanufacture) per  picul .250 

Indigo : 

Dried,  artificial  or  natural 5 per  ct. 

Liquid — 

Artificial per  picul 2.  025 

Natural do .215 

Paste,  artificial do 2.  025 

Ink,  printing 5 per  ct. 

Isinglass  (fish  glue) per  picul—  4.000 

Isinglass,  vegetable do 1.  750 

Jams  and  jellies  in  tins,  bottles,  or  jars : 

1- pound per  dozen—  . 060 

2- pound do . 118 

.loss  sticks per  picul—  . 640 

Kerosene  oil  cans  and  cases,  empty per  2 cans  in  1 case . 005 


280  TREATIES,  CONVENTIONS,  ETC. 

Lace  open  work  or  insertion  work  of  cotton,  machine  made: 

(a)  Not  exceeding  1 inch  wide,  outside  measurement,  per  12 

dozen  yai'ds 0.  050 

(&)  Exceeding  1 inch  but  not  exceeding  2 inches  wide,  outside 

measurement per  12  dozen  yards . 100 

(c)  Exceeding  2 inches  but  not  exceeding  3 inches  wide,  outside 

measurement per  12  dozen  yards . 166 

(d)  Exceeding  3 inches  wide,  outside  measurement,  per  12  dozen 

yards . 216 

Lace  open  work  or  insertion  work  of  any  fibrous  material  except 
silk  or  cotton  or  imitation  gold  or  silver  thread : 

(a)  Machine  made per  catty .500 

(b)  Hand  made  (including  cotton) do 2.400 

Lacquer  ware 5 per  ct. 

Lamps  and  their  accessories 5 per  ct. 

Lamp  wick per  picul — 2.  000 

Lard,  pure  or  compound do . 600 

Lead,  red,  white,  yellow,  dry  or  mixed  with  oil do . 450 

Leather : 

Belting 5 per  ct. 

Calf per  picul 7.  000 

Colored do 7. 000 

Cow do 2.  500 

Harness  (not  includinng  enameled  or  pigskin) do 3.000 

Kid do 7.  000 

Sole do 2.  500 

Patent do 7.  000 

All  other  kinds 5 per  ct. 

Lichees,  dried per  picul — . 450 

Lily  flowers,  dried do . 325 

Lily  seed  (i.  e.,  lotus  nuts  without  husks) do 1.000 

Lime,  chloride  of do . 300 

Linen 5 per  ct. 

Liqueurs.  See  Wines,  etc. 

Licorice per  picul . 500 

Logwood  extract do . 600 

Lotus  nuts  (i.  e.,  lily  seeds  with  husks) do .400 

Lucraban  seed do . 350 

Lung-ngan  pulp do . 550 

Lung-ngans,  dried do . 450 

Macaroni  and  vermicelli,  and  similar  pastes do . 325 

Mace 5 per  ct. 

Machines,  sewing,  hand  or  foot 5 per  ct. 

Madeira.  See  Wines,  etc.  (vins  de  liqueur). 

Malaga.  See  Wines,  etc.  (vins  de  liqueur). 

Malt per  picul—  . .370 

Mangrove  bark do . 073 

Manure,  chemical i 5 per  ct. 

Margarin,  in  tins,  jars,  or  kegs per  picul — 1. 400 

Marsala.  See  Wines,  etc.  (vins  de  liqueur). 

Matches : 

Rainbow  or  brilliant per  50  gross  boxes 1.  500 

Wax  vestas:  not  exceeding  100  in  a box per  10  gross  boxes — 1.600 

Wood,  safety  or  other — 

Large : boxes  not  exceeding  2J  by  IJ  by  f inches,  per  50  gross 

boxes . 630 

Small : boxes  not  exceeding  2 by  If  by  f inches,  per  100  gross 

boxes . 920 

Boxes  exceeding  above  sizes 5 per  ct. 

Match-making  materials: 

Glass  powder per  picul — . 110 

Phosphorus do 4. 125 

Splints do . 088 

Wax,  pai'affin do . 500 

Wood  shavings do . 113 


CHINA — 1903, 


281 


Mats : 

Coir  (door) per  dozen__ 

Formosa,  grass  (bed) each — 

Eush per  hundred 

Straw do 

Tatami each 

Matting : 

Coir : not  exceeding  36  inches  wide per  roll  of  100  yards 

Straw : not  exceeding  36  inches  wide per  roll  of  40  yards 

Meats,  in  bulk : 

Beef,  corned,  pickled,  in  barrels per  picul 

Dry-salted  meat,  in  boxes  and  barrels do 

Dry  sausages do 

Ham  aud  breakfast  bacon,  in  boxes  or  barrels 5 

Lard,  pure  or  compound per  picul — 

Melon  seeds do 

Metals : 

Antifriction 5 

Antimony per  picul — 

Brass  and  yellow  metal — 

Bars  and  rods do 

Bolts  and  nuts  and  accessories do 

Foil 1 do 

Nails do 

Screws 5 

Sheets,  plates,  and  ingots per  picul 

Tubes do 

Wire do 

Copper — 

Bars  and  rods do 

Bolts,  nuts,  rivets,  and  washers 5 

Ingots per  picul 

Nalls do 

Sheets  and  plates do 

Slabs do 

Tacks 5 

Tubes 5 

Wire per  picul 

Dross — 

Iron do 

Iron  aud  tin do 

Tin do 

German  silver — 

Sheets do 

Wire do 

Iron  and  mild  steel,  new — 

Anchors,  and  parts  thereof ; mill  iron ; mill  aud  ship’s  cranks ; 
and  forgings  for  vessels,  steam  engines,  and  locomotives 

(weighing  each  25  pounds  or  over) per  picul 

Angles do 

Anvils  and  parts  of do 

Bar do 

Bolts  and  nuts 5 

Castings,  rough per  picul 

Chains,  and  parts  of do 

Cobbles  and  wire  shorts do 

Hoops do 

Kentledge do 

Nail  rod : do 

Nails — 

Wire do 

Other  kinds 5 

Pig per  picul 

Pipes  and  tubes 5 

Plate  cuttings per  picul 

Plates  and  sheets do 


1.000 
.050 
.500' 
. 225 
.045 

2.  7.50 
. 250 


.375 
. 475 
.808 
per  ct. 
.600 
.250 

per  ct. 
.700 


1. 1.50 
1. 150 
1.675 
1. 150 
per  ct. 
1. 150 
1. 150 
1. 150 

1.300 
per  ct. 
1.175 
1.300 
1.300 
1. 175 
per  ct. 
per  ct. 

1.  300 

.160 
. 300 
. 500 

2.  200 
1.500 


.265 
. 140 
.400 
. 140 
per  ct. 
.140 
.265 
.1.30 
. 140 
.075 
.140 

.200 
per  ct. 

.075 
per  ct. 
.110 
.140 


282 


TREATIES,  CONVENTIONS,  ETC, 


Metals — Coutinued. 

Iron  and  mild  steel,  new — Continued. 

Rails per  picul__  0. 125 

Rivets do . 250 

Screws 5 per  ct. 

Sheets  and  plates per  picul . 140 

Tacks,  blue,  of  all  sizes do .400 

Wire do . 250 

Iron,  galvanized — 

Bolts  and  nuts 5 per  ct. 

Cobbles  and  wire  sborts per  picul . 130 

Sheets — 

Corrugated do . 275 

Plain do . 275 

Tubes 5 per  ct. 

Wire per  picui . 250 

Wire,  shorts do . 130 

Iron,  old,  and  scrap,  of  any  description  (flt  only  for  reinanufac- 

ture) per  picul . 090 

Lead — 

Pigs do . 285 

Sheets do . 330 

Lead  pipes do . 375 

Nickel,  unmanufactured do 2.  GOO 

Quicksilver do 4.  280 

Spelter do . 375 

Steel- 

Bamboo  do . 250 

Bars do . 250 

Plates  and  sheets do . 250 

Tool,  and  cast do .750 

Wire  and  wire  rope do . 750 

Steel,  mild.  See  Iron. 

Tin- 

Compound 5 per  ct. 

Foil 5 per  ct. 

Sheets  and  pipes per  picul 1.  725 

Slabs do 1.  500 

Tacks,  blue,  of  all  sizes do . 400 

Tinned  plates — 

Decorated do . 350 

Plain do .290 

White  metal — 

Sheets do 2.  200 

Wire do 1. 500 

Yellow  metal.  See  Brass. 

Zinc — 

Boiler  plates do . 600 

Powder do . 400 

Sheets,  including  perforated do . 520 

Milk,  condensed,  in  tins per  case  of  4 dozen  1-pound  tins . 250 

Mineral  waters per  12  bottles  or  24  half  bottles . 050 

Mirrors ■ 5 per  ct. 

Morphia,  in  all  forms per  ounce 3.  000 

Molding per  thousand  feet 1.  050 

Mushrooms per  picul — 1.  800 

Musical  boxes 5 per  ct. 

Musk per  catty — 9.  000 

Mussels,  dried per  picul — . 400 

Needles : 

No.  7-0 per  100  mille 1.  800 

No.  3-0 do 1.500 

Assorted,  not  including  7-0 do . 985 

Nutgalls per  picul . 870 

Nutmegs do 1.  500 

Oakum  do . 500 


CHINA — 1903, 


283 


Oil: 

Castor — 

Lubricating -per  picul — 

Medicinal do 

Clove per  catty. _ 

Cocoanut per  picul — 

Colza per  American  gallon 

Engine — 

(a)  Wholly  or  partly  of  mineral  origin do 

(b)  All  other  kinds  (except  castor) do 

Ginger per  picul.. 

Kerosene per  case  of  10  American  gallons 

In  bulk per  10  American  gallons 

Olive per  imperial  gallon.. 

Sandalwood per  catty — 

Wood per  picul 

Oil  cans  and  cases  (kerosene)  empty per  2 cans  in  1 case 

Olives,  fresh,  pickled,  or  salted per  picul 

Opium perpicul_.| 

Husk per  catty 

Orange  peel per  picul 

Oysters,  dried £ 

Packing,  asbestus.  See  Asbestus. 

Packing,  engine  and  boiler,  all  other  kinds E 

Paints.  See  Dyes,  colors,  and  paints. 

Paper : 

Cigarette : not  exceeding  2 by  4 inches per  100,000  leaves 

Printing — 

Calendered  and  (or)  sized 1 per  picul 

Not  calendered  or  unsized do 

Writing  or  foolscap do 

All  other  kinds E 

Peel,  orange per  picul 

Pepper : 

Black  do 

White do 

Perfumery E 

Phosphorus per  picul 

Pitch do 

Plushes  and  velvets : 

(a)  Plushes  and  velvets  of  pure  silk per  catty 

(&)  Silk  seal  (with  cotton  back) do 

(c)  Plushes  and  velvets  of  silk  mixed  with  other  fibrous  materials 

(with  cotton  back) per  catty 

(d)  Plushes,  all  cotton  (including  mercerized) do 

(e)  Velvets,  cotton.  See  Cotton  piece  goods. 

Pork  rind per  picul 

Prawns,  dried  (.see  also  Shrimps) do 

Preserved  fruits,  in  glass  bottles,  jars,  cardboard  or  wooden  boxes, 

including  weight  of  immediate  package per  picul 

Purses,  leather  (not  Including  silver  or  gold  mounted) per  gross 

Putchuck , per  picul.. 

Raisins  and  currants do 

Rattan : 

Chairs ( 

Core per  picul 

Skin do 

Rattans : 

Split  do 

Whole do 

Resin do 

Ribbons,  silk,  silk  and  cotton,  silk  and  other  fibers,  with  or  without 

imitation  gold  or  silver  thread per  catty 

Rope ( 

Rose  maloes per  picul.. 

Safilower do 


0.  510 

1.  000 
. 150 
.400 
.050 

. 015 
. 025 
6.  750 
. 070 
.050 
.062 
. 240 
.500 
.005 
. 180 
30.  000 
80.000 
.062 
.800 
per  ct. 

per  ct. 


. 125 

.700 
. 300 
1.  200 
per  ct. 
.800 

.760 
1.  330 
per  ct. 
4. 125 
.125 

.650 

.200 

. 150 
.110 

. 500 
1.000 

.650 
. 500 
.715 
.500 

per  ct. 
. 225 
. 750 

.325 

.225 

.187 

.550 
per  ct. 
1.  000 
.525 


284 


TKEATIES,  CONVENTIONS,  ETC. 


Sake : 

In  barrels per  picul 

In  bottles per  12  bottles  or  24  half  bottles 

Saltpeter  and  nitrate  of  soda per  picul 

Sand,  red do 

Sandalwood do 

Sapan  wood do 

Sea-horse  teeth 

Seaweed : 

Cut per  picul 

Long  do 

Prepared do 

Seed ; 

Lily  (i.  c.,  lotus  nuts  without  husks) do 

Lotus  nuts  (i.  e.,  lily  seeds  with  husks) do 

Lucraban do 

Melon  do 

Pine,  or  fir  nuts do 

Sesainuin do 

Sharks’  fins; 

Black  do 

Clarified  or  prepared do 

White do 

Shellac do 

Shells : 

Mother-of-pearl do 

Other  kinds 

Sherry.  See  Wines,  etc.  (vins.de  liqueur). 

Shoes  and  boots,  india-rubber^  for  Chinese: 

Boots per  pair 

Shoes  do 

Shrimps,  dried  (see  also  Prawns) per  picul 

Silk  piece  goods,  all  silk  (including  crape)  : 

(a)  Plain per  catty 

(b)  Brocaded  or  otherwise  figured do 

Silk  piece  goods,  mixtures  (i.  e.,  silk  and  cotton,  or  silk  and  other 

materials)  (including  crape  but  not  including  mixtures  with  real  or 
imitation  gold  or  silver  thread)  : 

(a)  Plain per  catty 

(b)  Brocaded  or  otherwise  figured , do 

Silver  thread,  imitation.  (See  Thread.) 

Sinews : 

Buffalo  and  cow per  picul — 

Deer  do 

Singlets  or  drawers: 

Cotton per  dozen__ 

Mixture  

Skins : 

Fish per  picul__ 

Sharks 

Smalt per  picuL- 

Snuff 

Soap : 


Household  and  laundry  (including  blue  mottled),  in  bulk,  bars, 
and  doubletes  weighing  not  less  than  one-half  pound  each, 

per  picul  

Toilet  and  fancy 

Socks,  cotton  (including  lisle  thread)  : 

First  quality  (i.  e.,  valued  at  1 tael  or  over  per  dozen  pairs),  per 

dozen  pairs 

Second  quality  (i  e.,  valued  at  less  than  1 tael  per  dozen  pairs). 


per  dozen  pairs 

Soda : 

Ash per  picul__ 

Bicarbonate do 

Caustic do 

Crystals do 

Crystals,  concentrated do 


0.400 
. 110 
..325 
. 045 
.400 
. 112 
per  ct. 

.150 
. 100 
1.000 

1.000 
.400 
.350 
.250 
. 200 
.200 

1.608 
6.  OOO 
4.  600 
2.  500 

.700 
per  ct. 


.080 

.020 

.630 

..325 
. 700 


.250 

.500 


.550 
1.050 

. 125 
> per  ct. 

.600 
per  ct. 
1.600 
per  ct. 


.240  • 
> per  ct. 


.075 

.032 

.150 

.150 

.225 

.120 

.140 


CHINA — 1903. 


285 


Soy per  picul— 

Spirits.  (See  Wines,  etc.) 

Spirits  of  wine.  (See  Wines,  etc.) 

Stick-lac do 

Stout.  (See  Wines,  etc.) 

Sugar ; 

Brown,  up  to  No.  10  Dutch  standard do 

Candy do 

White,  No.  11  Dutch  standard  and  over,  including  cube  and  re- 
fined  per  picui 

Sulphur  and  brimstone : 

Crude do 

Refined do 

Sulphuric  acid do 

Sunshades.  (See  Umbrellas.) 

Telescopes,  binoculars,  and  mirrors 

Thread : 

Cotton — 

Balls,  dyed  or  undyed per  picul 

Spools  (50  yards) per  gross 

Gold  and  silver — 

Imitation  (on  silk) 

Real 

Gold,  imitation  (on  cotton) per  catty 

Silver,  imitation  (on  cotton) do 

Tiles  6 inches  square per  hundred 

Timber : 

Beams — 

Hard  wood per  cubic  foot 

Soft  wood  (including  Oregon  pine  and  California  redwood,  on 

a thickness  of  1 inch) per  1,000  superficial  feet 

Teak  wood per  cubic  foot 

Laths per  thousand 

Masts  and  spars — 

Hard  wood 

Soft  wood 

Piles  and  piling  (including  Oregon  pine  and  California  redwood: 

on  a thickness  of  1 inch) per  1,000  superficial  feet 

Planks — 

Hard  wood per  cubic  foot 

Teak  wood do 

Planks  and  fiooring — 

Soft  wood  (including  Oregon  pine  and  California  redwood, 
and  allowing  10  per  cent  of  each  shipment  to  be  tongued 
and  grooved;  on  a thickness  of  1 inch),  per  1,000  sperficial 

feet 

Soft  wood  (tongued  and  grooved,  in  excess  of  above.  10  per 

cent ) 

Railway  sleepers 

Teak-wood  lumber,  of  all  lengths  and  description per  cubic  foot 

Tinder per  picul— 

Tin  foil 

Tobacco : 

Leaf per  picuL. 

Prepared — 

In  bulk do 

In  tins  or  packages  under  5 pounds  each 

Tools : 

Axes  and  hatchets per  dozen 

Files,  file  blanks,  rasps,  and  floats,  of  all  kinds — 

Not  exceeding  4 inches  long do 

Exceeding  4 inches  and  not  exceeding  9 inches  long do 

Exceeding  9 inches  and  not  exceeding  14  inches  long do 

Exceeding  14  inches  long do 

Tortoise  shell per  catty 


0.  250 

.700 


.190 

.300 

.240 

. 150 
. 250 
.187 


5 per  ct. 


3.000 

.040 

5 per  ct. 
5 per  ct. 
.125 
.090 
.600 


.020 

1.150 

.081 

.210 

5 per  ct. 
5 per  ct. 

1. 150 

.020 

.081 


1.150 

5 per  ct. 
5 per  ct. 
.081 
. 350 
5 per  ct. 

.800 

.950 
5 per  ct. 

.500 

.040 
.072 
.168 
.224 
. 4.50 


286 


TREATIES,  CONVENTIONS,  ETC. 


Trimmings : 

Bead 5 per  ct. 

Cotton  (pure  or  mixed  with  other  materials  but  not  silk) 5 per  ct. 

Cotton  (mixed  with  silk  and  imitation  gold  or  silver  thread) 5 per  ct. 

Tumeric per  picul—  . 185 

Turpentine Ijer  gallon__  .036 

Twine 5 per  ct. 

Ultramarine per  picul . .500 

Umbrella  frames per  dozen__  . 080 

Umbrellas,  parasols,  and  sunshades; 

With  handles  wholly  or  partly  of  precious  metals,  ivory,  mother-of- 

pearl,  tortoise  shell,  agate,  etc.,  or  jeweled 5 per  ct. 

With  all  other  handles — 

Cotton each . 020 

Mixtures,  not  silk each . 030 

Silk  and  silk  mixtures do .080 

Varnish,  crude  lacquer,  gum  lacquer,  or  oil  lacquer 5 per  ct. 

Vaseline 5 per  ct. 

Vegetables,  dried  and  salted  or  pickled,  in  bulk 5 per  ct. 

Vermicelli per  picul . 325 

Vermilion do 4.000 

Vermuth.  (See  Wines,  etc.) 

Watches,  of  all  kinds 5 per  ct. 

Waters,  aerated  and  mineral per  12  bottles  or  24  half  bottles . 050 

Wax : 

Bees,  yellow per  picul 1.  600 

Japan do . 650 

Paraffin do . .500 

Sealing 5 per  ct. 

White 5 per  ct. 

Wines,  etc. : ’ 

Champagnes  and  all  other  sparkling  wines,  in  bottles,  per  case 

of  12  bottles  or  24  half  bottles . 6.50 

Still  wines,  red  or  white,  exclusively  the  pi'oduce  of  the  natural 
fermentation  of  grapes — 

(a)  Having  less  than  14°  of  alcohol — 

1.  In  bottles per  case  of  12  bottles  or  24  half  bottles *.  .300 

2.  In  bulk per  imperial  gallon . 025 

(b)  Having  14°  or  more  of  alcohol ; also  vins  de  liqueur  other 

than  port — 

1.  In  bottles per  case  of  12  bottles  or  24  half  bottles . .500 

2.  In  bulk per  imperial  gallon .150 

Port  wine — 

In  bottles per  case  of  12  bottles  or  24  half  bottles . 700 

In  bulk per  imperial  gallon . 175 

Vermuth  and  byrrh per  case  of  12  liters .2.50 

Sake — 

In  barrels per  picul . 4(X) 

In  bottles per  case  of  12  bottles  or  24  half  bottles . 110 

Brandies  and  whiskies,  in  bulk per  imperial  gallon .125 

Brandy  and  cognac,  in  bottles per  case  of  12  reputed  quarts . .500 

Whisky,  in  bottles per  case  of  12  reputed  quarts . 3.50 

Other  spirits  (gin,  rum,  etc.)  — 

In  bottles do . 200 

In  bulk per  imperial  gallon . 000 

Spirits  of  wine,  in  packages  of  any  description do . 028 

Ales,  beers,  cider,  and  perry — 

In  bottles per  case  of  12  reputed  quarts  or  24  reputed  pints . 085 

In  casks per  imperial  gallon . 020 

Porters  and  stouts — 

In  bottles per  case  of  12  reputed  quarts  or  24  reputed  pints — , 100 

In  casks per  imperial  gallon , 025 

Liqueurs 5 per  ct. 


CHINA — 1903. 


287 


Wood : 

Camapon per  picul—  0.090 

Ebony do . 200 

Fragrant 5 per  ct. 

Garoo per  catty—  . 100 

Kranjee 5 per  ct. 

Laka per  picul . 125 

Lignum-vitse 5 per  ct. 

Puru per  picul . 075 

Eed do . 200 

Rose do .200 

Sandal do . 400 

Sapan do . 112 

Scented 5 per  ct. 

Shavings,  Hinoki per  picul — 1.  000 

Woolen  and  cotton  mixtures : 

Flannel  (woolen  and  cotton)  : not  exceeding  33  inches  wide,  per 

yard . 015 

Italian  cloth,  plain  or  figured,  having  warp  entirely  cotton  and  all 
one  color,  and  weft  entirely  wool  and  all  one  color : not  exceed- 
ing 32  inches  wide  and  not  exceeding  32  yards  long_per  piece . 372 

Poncho  cloth  : not  exceeding  76  inches  wide per  yard . 030 

Spanish  stripes  (woolen  and  cotton)  : not  exceeding  64  inches 

wide per  yard . 014 

Union  cloth  : Not  exceeding  76  inches  wide do . 030 

Woolen  and  cotton  mixtures,  unclassed,  including  alpacas,  lusters, 

Orleans,  Sicilians,  etc 5 per  ct. 

Woolen  manufactures : 

Blankets  and  rugs per  pound . 020 

Broadcloth  : not  exceeding  76  inches  wide per  yard . 047A 

Bunting : not  exceeding  24  inches  wide  and  not  exceeding  40  yards 

long per  piece . 200 

Camlets,  Dutch ; not  exceeding  33  inches  wide  and  not  exceeding 

61  yards  long per  piece 1.  OOO 

Camlets,  English ; not  exceeding  31  inches  wide  and  not  exceeding 

61  yards  long per  piece . 500 

Flannel : not  exceeding  33  inches  wide per  yard . 015 

Habit  cloth ; not  exceeding  76  inches  wide do . 047J 

Eastings,  plain,  figured  or  craped : not  exceeding  31  inches  wide 

and  not  exceeding  32  yards  long per  piece . 4.50 

Llama  braid per  picul 5.  000 

Long  ells : not  exceeding  31  inches  wide  and  not  exceeding  25 

yards  long per  piece—  . 250 

Medium  cloth  : not  exceeding  76  inches  wide per  yard . 0471- 

Russian  cloth  : not  exceeding  76  inches  wide do . 0474 

Spanish  stripes  : not  exceeding  64  inches  wide do . 021 

Woolens  (unclassed) 5 per  ct. 

Woolen  and  worsted  yarns  and  cords  (not  including  Berlin  wool)  per 

picul  .5.  300 

Berlin  wool per  picul 4.  000 

Wooloa  or  berlinette do 3.  .500 

Worm  tablets,  in  bottles,  not  exceeding  60  pieces per  dozen . 035 

Yarn ; 

Asbestus per  picul 2.  250 

Coir 5 per  ct. 

Cotton — 

Bleached  or  .gray— per  picul . 950 

Dyed 5 per  ct. 

Gray per  picul . 950 

Mercerized  or  gassed 5 per  ct. 

Wooloa  or  berlinette per  picul 3.  .500 

Wool.  Berlin do 4.  000 

Woolen  and  worsted  (not  including  Berlin  wool) do 5.  .300 

Note. — If  any  of  the  articles  enumerated  in  this  tariff  are  imported  in 
dimensions  exceeding  those  specified,  the  duty  is  to  be  calculated  in  proportion 
to  the  measurements  as  defined. 


288 


TREATIES,  CONVENTIONS,  ETC. 


RULES. 

Rule  I. 

Imports  unenumerated  in  this  Tariff  will  pay  Duty  at  the  rate  of  5 per  cent, 
ad  valorem ; and  the  value  upon  which  Duty  is  to  he  calculated  shall  be  the 
market  value  of  the  goods  in  local  currency.  This  market  value  when  con- 
verted into  Haikwan  Taels  shall  be  considered  to  be  12  per  cent,  higher  than 
the  amount  upon  which  Duty  is  to  be  calculated. 

If  the  goods  have  been  sold  before  presentation  to  the  Customs  of  the  Appli- 
cation to  pay  Duty,  the  gross  amount  of  the  bona  fide  contract  will  be  accepted 
as  evidence  of  the  market  value.  Should  the  goods  have  been  sold  on  c.  f.  and  i. 
terms,  that  is  to  say,  without  inclusion  in  the  price  of  Duty  and  other  charges, 
such  c,  f.  and  i.  price  shall  be  taken  as  the  value  for  Duty-paying  purposes 
without  the  deduction  mentioned  in  the  preceding  paragraph. 

If  the  goods  have  not  been  sold  before  presentation  to  the  Customs  of  the 
Application  to  pay  Duty,  and  should  a dispute  arise  between  Customs  and  im- 
porter  regarding  the  value  or  classification  of  goods,  the  case  will  be  referred 
to  a Board  of  Arbitration  composed  as  follows : 

An  ofScial  of  the  Customs;  a merchant  selected  by  the  Consul  of  the  im- 
porter ; and  a Merchant  differing  in  nationality  from  the  importer,  selected 
by  the  Senior  Consul. 

Questions  regarding  procedure,  etc.,  which  may  arise  during  the  sittings 
of  the  Board  shall  be  decided  by  the  majority.  The  final  finding  of  the  majority 
of  the  Board,  which  must  be  announced  within  fifteen  days  of  the  reference 
(not  including  holidays),  will  be  binding  upon  both  parties.  Each  of  the  two 
merchants  on  the  Board  will  be  entitled  to  a fee  of  Ten  Haikwan  Taels. 
Should  the  Board  sustain  the  Customs  valuation,  or,  in  the  event  of  not  sus- 
taining that  valuation,  should  it  decide  that  the  goods  have  been  undervalued 
by  the  importer  to  the  extent  of  not  less  than  per  cent,,  the  importer  will 
pay  the  fees ; if  otherwise,  the  fees  will  be  paid  by  the  Customs.  Should  the 
Board  decide  that  the  correct  value  of  the  goods  is  20  per  cent,  (or  more) 
higher  than  that  upon  which  the  importer  originally  claimed  to  pay  Duty, 
the  Customs  authorities  may  retain  possession  of  the  goods  until  full  Duty 
has  been  paid  and  may  levy  an  additional  Duty  equal  to  four  times  the  Duty 
sought  to  be  evaded. 

In  all  cases  invoices,  when  available,  must  be  produced  if  required  by  the 
Customs, 


Rule  II. 

The  following  will  not  be  liable  to  Import  Duty;  Foreign  Rice,  Cereals,  and 
Flour ; Gold  and  Silver,  both  Bullion  and  Coin ; Printed  Books,  Charts,  Maps, 
Periodicals,  and  Newspapers;  Samples  in  reasonable  quantities,  and  certified 
to  be  for  show  and  not  for  sale ; Government  Stationery  for  Consulates  in 
China ; Passengers  Baggage  for  hona  fide  private  use ; Circulars,  etc,,  distributed 
gratis  by  mercantile  houses;  and  Private  Effects  (not  including  Wines, 
Stores,  and  Tobacco)  of  individual  Foreigners  imported  by  themselves  for 
their  own  personal  use  and  not  for  sale,  provided  that  the  Customs  authorities 
are  satisfied  that  the  articles  in  question  fulfil  these  conditions. 

A freight  or  part  freight  of  Duty-free  commodities  (personal  baggage  of  less 
than  twenty  passengers  and  Gold  and  Silver  Bullion  and  Foreign  (Toins  ex- 
cepted) will  render  the  vessel  carrying  them,  though  no  other  cargo  be  on 
board,  liable  to  Tonnage  Dues. 

Drawbacks  will  be  issued  for  Ships  Stores  and  Bunker  Coal  when  taken  on 
board. 


Rule  III. 

E.xcept  at  the  requisition  of  the  Chinese  Government,  or  for  sale  to  Chinese 
duly  authorized  to  purchase  them.  Import  trade  is  prohibited  in  all  Arms,  Am- 
munition, and  Munitions  of  AYar  of  every  description.  No  Permit  to  land  them 
will  be  issued  until  the  Customs  have  proof  that  the  necessary  authority  has 


CHINA — 1903. 


289 


been  give  to  the  importer.  Infraction  of  this  rule  will  be  punishable  by  con- 
fiscation of  all  the  goods  concerned.  The  import  of  Salt  is  absolutely  pro- 
hibited. 

Sheng  Hsuan-huai 
Ltl  Hai-huan 

Subject  to  the  api)roval  of  His  Imp.  & Roy. 

Apostolic  Majesty’s  Government  E v.  Hibsch 
Ad  referenclutii  D.  Siffebt. 

Db  BoYf;. 

Jas.  L.  Mackay 
E.  Hioki, 

M.  Odagibi 
J.  Yamaoka 

Ad  referendum  advocaat  F.  B.  v’Jacob 
John  Goodnow 


Shanghai  Aug.  29tli  1902. 

Yotjb  Excellencies, 

With  reference  to  the  New  Tariff  which  has  just  been  signed,  this  note  puts  on 
record  that  the  following  words  have  been  erased  from  Rule  II  of  the  Rules  at 
the  end  of  the  Tariff ; — “ Samples  in  reasonable  quantities  & certified  to  be  for 
show,  & not  for  sale;  Government  stationery  for  Consulates  in  China,  passengers’ 
baggage  for  bona  fide  private  use;  circulars,  &c,  distributed  gratis  of  Mercan- 
tile houses;  and  private  effects  (not  including  wines,  stores  & tobacco)  of  in- 
dividual foreigners  Imported  by  themselves  for  their  own  personal  use  & not  for 
sale  provided  that  the  Custom  Authorities  are  satisfied  that  the  articles  in  ques- 
tion fulfil  these  conditions”;  and  also  “personal  baggage  of  less  than  twenty 
passengers  and  ” 

It  is  understood  between  the  Foreign  & Chinese  Commissioners  that,  though 
the  above  words  have  been  eliminated  from  the  Rules,  the  matter  therein  re- 
ferred to  will  be  dealt  with  by  the  Inspector  General  of  the  Imperial  Maritime 
Customs  at  his  discretion  in  accordance  with  the  Instructions  issued  by  him 
subsequent  to  the  Final  Protocol  of  the  7th  September  1901. 

We  have  the  honour  to  be.  Your  Excellencies’  obedient  servants 


(signed) 

Hibsch 

(signed) 

D.  Siffebt 

( signed ) 

Db.  BoYfi 

( signed ) 

Jas.  L.  Mackay 

( signed ) 

E.  Hioki 

(signed) 

J.  Yamaoka 

Advocaat 

( signed ) 

F.  B.  v’  Jacob 

(signed) 

D.  Siffebt 

(signed) 

John  Goodnow 

DUTY  FREE  LIST." 


Vide  T.  G.  Circulars  Nos.  979,  984,  1016,  1020,  1022,  1025,  1026. 


Instructions  received. 

12th  Oct.  1901.  1.  Foreign  Rice,  cereals  and  flour,  gold  and  silver  coined  and 

uncoined. 

12th  Oct.  1901  2.  Legation  supplies  from  abroad. 

7th  Nov.  1901.  3.  Supplies  for  the  use  of  Foreign  forces  Military  and  Naval. 

19th  Apl.  1902  4.  Official  stationary  actually  transmitted  by  foreign  Govern- 

ment Departments  for  Foreign  Consulates. 

1 May,  1902  5.  Supplies  under  Government  stores  Certificates. 

31  May,  1902  6.  Materials  for  Railways  the  import  of  which  “ free  ” is  pro- 

vided for  by  agreements  antedating  the  Peace  Protocol. 

10th  May,  1902  7.  Samples ; in  reasonable  quantities  certified  for  show  and  not 

for  sale. 


The  figures  in  the  Import  Tariff  schedule  express  amounts  in  haikwan  taels. 
24449— VOL  1—10 19 


290 


TREATIES,  CONVENTIONS,  ETC. 


3 June,  1902 
12th  Oct.  1901 
3 June,  1902 

3 June,  1902 

31  May,  1902 


8.  Circulars,  etc.,  distributed  gratis  by  mercantile  houses. 

9.  The  'bona  fide  baggage  of  traveliers  i.  e.  passengers  luggage 
arriving  either  with  the  owner  or  by  a vessel  other  than  that  by 
which  the  passenger  travels. 

10.  Clothing,  books,  pictures  and  furniture  already  in  use 
when  brought  in  by  residents  and  not  for  sale. 

N.  B.  Ships  Coal  and  provisions  are  entitled  to  drawbacks. 


1905. 

New  Agreement  Between  China  and  Certain  Powers  Modifying 
THE  Final  Protocol  of  1901  Concerning  the  Whang  Pu  Con- 

Concluded  September  27,  1905. 

Note. — The  text  of  this  agreement  will  be  found  under  “ Interna- 
tional conventions,”  volume  2,  page  2013. 


1908. 

Arbitration  Convention. 

Signed  at  W ashington,  October  8,  1908;  ratification  advised  by  the 
Senate,  December  10,  1908;  ratified  by  the  President,  March  1, 
1909;  ratifications  exchanged  at  W ashington,  April  6,  1909;  pro- 
claimed, April  6, 1909. 

Articles. 

I.  Differences  to  be  submitted.  I III.  Duration. 

II.  Special  agreement.  1 IV.  Ratification. 

The  President  of  the  United  States  of  America  and  His  Majesty 
the  Emperor  of  China,  taking  into  consideration  the  fact  that  the 
High  Contracting  Parties  to  the  Convention  for  the  pacific  settlement 
of  international  disputes,  concluded  at  The  Hague  on  the  29th  July, 
1899,  have  reserved  to  themselves,  by  Article  XIX  of  that  Conven- 
tion, the  right  of  concluding  Agreements,  with  a view  to  referring  to 
arbitration  all  questions  which  they  shall  consider  possible  to  submit 
to  such  treatment,  have  resolved  to  conclude  an  Arbitration  Con- 
vention between  the  two  countries,  and  for  that  purpose  have  named 
as  their  Plenipotentiaries,  that  is  to  say: 

The  President  of  the  United  States  of  America,  Elihu  Root,  Sec- 
retary of  State  of  the  United  States  of  America ; and 

His  Majesty  the  Emperor  of  China,  Wu  Ting- fang.  Envoy  Ex- 
traordinary and  Minister  Plenipotentiary  to  the  United  States  of 
America,  Mexico,  Peru,  and  Cuba ; 

Who,  after  having  communicated  to  each  other  their  Eull  Powers, 
found  to  be  in  good  and  due  form,  have  agreed  upon  and  concluded 
the  following  Articles : — 


Article  I. 

Differences  which  may  arise  of  a legal  nature  or  relating  to  the 
interpretation  of  treaties  existing  between  the  two  Contracting 


CHINA 1908. 


291 


Parties,  and  which  it  may  not  have  been  possible  to  settle  by 
diplomacy,  shall  be  referred  to  the  Permanent  Court  of  Arbitration 
established  at  The  Hague  by  the  Convention  of  the  29th  July,  1899, 
provided,  nevertheless,  that  they  do  not  affect  the  vital  interests,  the 
independence,  or  the  honor  of  the  two  Contracting  States,  and  do  not 
concern  the  interests  of  third  Parties. 

Article  II. 

In  each  individual  case  the  High  Contracting  Parties  before 
appealing  to  the  Permanent  Court  of  Arbitration  shall  conclude  a 
special  Agreement  defining  clearly  the  matter  in  dispute,  the  scope 
of  the  powers  of  the  Arbitrators,  and  the  periods  to  be  fixed  for  the 
formation  of  the  Arbitral  Tribunal  and  the  several  stages  of  the  pro- 
cedure. It  is  understood  that  such  special  agreements  will  be  made 
on  the  part  of  the  United  States  by  the  President  of  the  United 
States  by  and  with  the  advice  and  consent  of  the  Senate  thereof. 

Article  III. 

The  present  Convention  shall  remain  in  force  for  the  period  of  five 
years  from  the  date  of  the  exchange  of  the  ratifications. 

Article  IV. 

The  present  Convention  shall  be  ratified  by  the  High  Contracting 
Parties,  and  the  ratifications  thereof  shall  be  exchanged  at  Washing- 
ton as  soon  as  jiossible. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
the  present  Convention,  and  have  thereunto  affixed  their  seals. 

Done  at  the  City  of  Washington,  in  duplicate,  this  8th  day  of 
October,  one  thousand  nine  hundred  and  eight,  corresponding  to  the 
14th  day  of  the  9th  month  of  the  34th  year  of  Kuang  Hsii. 

Elihu  Root  [seal] 
Wu  Ting  fang  [seal] 


COLOMBIA. 


The  Republic  of  Colombia,  established  in  1819,  was  divided  in 
November,  1831,  into  three  independent  republics.  New  Grenada, 
Venezuela,  and  Ecuador.  In  18C)2  its  name  was  changed  to  the 
United  States  of  Colombia,  and  in  1886  the  States  were  abolished  and 
the  country  became  the  Republic  of  Colombia.  The  treaties  with 
the  country  became  the  Rej^ublic  of  Colombia.  The  treaties  with  New 
Granada  are  given  in  chronological  order  with  those  of  Colombia. 

1824.« 

Treaty  of  Amity,  Cojimerce,  axd  Navigation. 

Concluded  Octoher  3,  1821^;  ratification  advised  hy  the  Senate  March 
J,  1825;  ratified  hy  the  President  March  7,  1825;  ratifications  e.r- 
changed  May  27,  1825;  froclaimed  May  31,  1825. 

Articles. 


I.  Amity. 

II.  Most  favored  nation. 

III.  Commerce  and  navigation. 

IV.  Reciprocal  privilegesof citizens. 

V.  Indemnity  for  embargo. 

VI.  Asylum  to  vessels  in  distress. 

VII.  Captures  by  pirates. 

VIII.  Shipwrecks. 

IX.  Disposition  of  property. 

X.  Special  privileges  to  citizens. 

XI.  Religious  freedom. 

XII.  Privileges  of  neutrals  in  war. 

XIII.  Neutral  flag. 

XIV.  Contraband. 

XV.  Blockade. 

XVI.  Neutral  vessels,  detention. 

XVII.  Neutral  vessels. 

XVIII.  Visitation  and  search. 

In  the  name  of  God,  Author  and  Legislator  of  the  Universe. 

The  United  States  of  America,  and  the  Republic  of  Colombia,  de- 
siring to  make  lasting  and  firm  the  friendship  and  good  understand- 
ing which  happily  prevails  between  both  nations,  have  resolved  to  fix, 
in  a manner  clear,  distinct  and  positive,  the  rules  which  shall  in  future 
be  religiously  observed  between  the  one  and  the  other,  by  means  of  a 
treaty  or  general  convention  of  peace,  friendship,  commerce  and 
navigation. 

For  this  most  desirable  object,  the  President  of  the  United  States 
of  America  has  conferred  full  powers  on  Richard  Clough  Anderson, 


XIX.  Nationality  of  vessels. 

XX.  Vessels  not  subject  to  visita- 
tion. 

XXI.  I'rize  courts. 

XXII.  Letters  of  marque. 

XXIII.  Reciprocal  privileges  of  citi- 
zens. 

XXIV.  Confiscation  of  debts  and  se- 
curities. 

XXV.  Most  favored  nation  to  min- 
isters. 

XXVI.  Consuls. 

XXVII.  E.vequaturs. 

XXVIII.  Rights  of  consuls. 

XXIX.  Deserters. 

XXX.  Consular  convention. 

XXXI.  Duration ; ratification. 


"This  treaty  e.\pired  by  its  own  limitation  October  3,  1836. 


292 


COLOMBIA 1824, 


293 


junior,  a citizen  of  the  said  States,  and  their  Minister  Plenipoten- 
tiary to  the  said  Republic;  and  the  Vice-President  of  the  Republic  of 
Colombia,  charged  with  the  executive  power,  on  Pedro  Gual,  Secre- 
tary of  State  and  of  Foreign  Relations,  who,  after  having  exchanged 
their  said  full  powers  in  due  and  proper  form,  have  agreed  to  the 
following  articles : 

Article  I. 

There  shall  be  a perfect,  firm  and  inviolable  peace  and  sincere 
friendship  between  the  United  States  of  America  and  the  Republic 
of  Colombia,  in  all  the  extent  of  their  possessions  and  territories,  and 
between  their  people  and  citizens  respectively,  without  distinction  of 
persons  or  places. 

Article  II. 

The  United  States  of  America  and  the  Republic  of  Colombia  desir- 
ing to  live  in  peace  and  harmony  with  all  the  other  nations  of  the 
earth,  by  means  of  a policy  frank  and  equally  fidendly  with  all, 
engage  mutually  not  to  grant  any  particular  favor  to  other  nations, 
in  respect  to  commerce  and  navigation,  which  shall  not  immediately 
become  common  to  the  other  party,  who  shall  enjoy  the  same  freely 
if  the  concession  was  freely  made,  or  on  allowing  the  same  compensa- 
tion if  the  concession  was  conditional. 

Article  III. 

The  citizens  of  the  United  States  may  frequent  all  the  coasts  and 
countries  of  the  Republic  of  Colombia,  and  reside  and  trade  there,  in 
all  sorts  of  produce,  manufactures  and  merchandise,  and  shall  paj^  no 
other  or  greater  duties,  charges  or  fees  whatsoever,  than  the  most 
favored  nation  is  or  shall  be  obliged  to  pay;  and  they  shall  enjoy  all 
the  rights,  privileges  and  exemptions  in  navigation  and  commerce 
which  the  most  favored  nation  does  or  shall  enjoy,  submitting  them- 
selves, nevertheless,  to  the  laws,  decrees  and  usages  there  established, 
and  to  which  are  submitted  tbe  subjects  and  citizens  of  the  most 
favored  nations. 

In  like  manner  the  citizens  of  the  Republic  of  Colombia  may  fre- 
quent all  the  coasts  and  countries  of  the  United  States,  and  reside  and 
trade  there,  in  all  sorts  of  produce,  manufactures  and  merchandise, 
and  shall  pay  no  other  or  greater  duties,  charges  or  fees  whatsoever 
than  the  most  favored  nation  is  or  shall  be  obliged  to  pay;  and  the^^ 
shall  enjoy  all  the  rights,  privileges  and  exemptions  in  navigation  and 
commerce,  which  the  most  favored  nation  does  or  shall  enjoy,  submit- 
ting themselves,  nevertheless,  to  the  laws,  decrees  and  usages  there 
established,  and  to  which  are  submitted  the  subjects  and  citizens  of 
the  most  favored  nations. 

Article  IV. 

It  is  likewise  agreed  that  it  shall  be  wholly  free  for  all  merchants, 
commanders  of  ships  and  other  citizens  of  both  countries,  to  manage 
themselves  their  own  business,  in  all  the  ports  and  places  subject  to 
the  jurisdiction  of  each  other,  as  well  with  respect  to  the  consignment 


294 


TREATIES,  CONVENTIONS,  ETC. 


and  sale  of  their  goods  and.  merchandise  by  whole  sale  or  retail,  as 
with  re.spect  to  the  loading,  unloading  and  sending  off  their  ships, 
they  being  in  all  these  cases  to  be  treated  as  citizens  of  the  country  in 
which  they  reside,  or  at  least  to  be  placed  on  a footing  with  the 
subjects  or  citizens  of  the  most  favored  nation. 

Article  V. 

The  citizens  of  neither  of  the  contracting  parties  shall  be  liable  to 
any  embargo,  nor  be  detained  with  their  vessels,  cargoes,  merchandises 
or  effects,  for  any  military  expedition,  nor  for  any  public  or  private 
purpose  Avhatever,  without  allowing  to  those  interested  a sufficient 
indemnification. 

Article  Y1. 

^^dienever  the  citizens  of  either  of  the  contracting  parties  shall  be 
forced  to  seek  refuge  or  asylum  in  the  rivers,  bays,  ports  or  dominions 
of  the  other,  with  their  vessels,  whether  merchant  or  of  war,  public  or 
private,  through  stress  of  weather,  pursuit  of  pirates  or  enemies,  they 
shall  be  received  and  treated  with  humanity,  giving  to  them  all  favor 
and  protection  for  repairing  their  ships,  procuring  provisions,  and 
placing  themselves  in  a situation  to  continue  their  voyage  without 
obstacle  or  hindrance  of  any  kind. 

Article  VII. 

All  the  ships,  merchandise  and  effects  belonging  to  the  citizens  of 
one  of  the  contracting  parties,  which  may  be  captured  by  pirates, 
whether  within  the  limits  of  its  jurisdiction  or  on  the  high  seas,  and 
may  be  carried  or  found  in  the  rivers,  roads,  bays,  jiorts  or  dominions, 
of  the  other,  shall  be  delivered  up  to  the  owners,  they  proving  in  due 
and  jiroper  form  their  rights  before  the  competent  tribunals;  it  being 
well  understood  that  the  claim  should  be  made  within  the  term  of 
one  year  by  the  parties  themselves,  their  attorneys  or  agents  of  the 
respective  Governments. 

Article  VIII. 

When  any  vessel  belonging  to  the  citizens  of  either  of  the  contract- 
ing parties  shall  be  wrecked,  foundered,  or  shall  suffer  any  damage 
on  the  coa-sts,  or  within  the  dominions  of  the  other,  there  shall  Be 
given  to  them  all  assistance  and  protection  in  the  same  manner  which 
is  usual  and  customary  with  the  vessels  of  the  nation  where  the  dam- 
age happens,  permitting  them  to  unload  the  said  vessel,  if  necessary, 
of  its  merchandises  and  effects,  without  exacting  for  it  any  duty, 
impost  or  contribution  whatever,  until  they  may  be  exported. 

Article  IX. 

The  citizens  of  each  of  the  contracting  parties  shall  have  power  to 
dispose  of  their  personal  goods  within  the  jurisdiction  of  the  other, 
by  sale,  donation,  testament  or  otherwise,  and  their  representatives, 
being  citizens  of  the  other  party,  shall  .succeed  to  their  said  personal 
goods,  whether  by  testament  or  ab  intestato,  and  they  may  take  pos- 


COLOMBIA 1824. 


295 


session  thereof,  either  by  themselves  or  others  acting  for  them,  and 
dispose  of  the  same  at  their  will,  paying  such  dues  only  as  the  inhab- 
itants of  the  country,  wherein  the  said  goods  are,  shall  be  subject  to  pay 
in  like  cases.  And  if,  in  the  case  of  real  estate,  the  said  heirs  would 
be  prevented  from  entering  into  the  possession  of  the  inheritance,  on 
account  of  their  character  of  aliens,  there  shall  be  granted  to  them 
the  term  of  three  years  to  dispose  of  the  same,  as  they  may  think 
proper,  and  to  withdraw  the  proceeds  without  molestation,  and  ex- 
empt from  all  rights  of  detraction,  on  the  part  of  the  government  of 
the  respective  States. 

Article  X. 

Both  the  contracting  parties  promise  and  engage  formally  to  give 
their  special  protection  to  the  persons  and  property  of  the  citizens  of 
each  other  of  all  occupations,  who  may  be  in  the  territories  subject 
to  the  jurisdiction  of  the  one  or  the  other,  transient  or  dwelling 
therein,  leaving  open  and  free  to  them  the  tribunals  of  justice  for 
their  judicial  recourse,  on  the  same  terms  which  are  usual  and  cus- 
tomary, with  the  natives  or  citizens  of  the  country  in  which  they  may 
be ; for  which  they  may  employ  in  defence  of  their  rights  such  advo- 
cates, solicitors,  notaries,  agents  and  factors,  as  they  may  judge 
proper,  in  all  their  trials  at  law;  and  such  citizens  or  agents  shall 
have  free  opportunity  to  be  present  at  the  decisions  and  sentences  of 
the  tribunals,  in  all  cases  which  may  concern  them,  and  likewise  at 
the  taking  of  all  examinations  and  evidence  which  may  be  exhibited 
in  the  said  trials. 

Article  XI. 

It  is  likewise  agreed  that  the  most  perfect  and  entire  security  of 
conscience  shall  be  enjoyed  by  the  citizens  of  both  the  contracting 
parties  in  the  countries  subject  to  the  jurisdiction  of  the  one  and  the 
other,  Avithout  their  being  liable  to  be  disturbed  or  molested  on  account 
of  their  religious  belief,  so  long  as  they  respect  the  laws  and  estab- 
lished usages  of  the  country.  Moreover,  the  bodies  of  the  citizens  of 
one  of  the  contracting  parties,  Avho  may  die  in  the  territories  of  the 
other,  shall  be  buried  in  the  usual  burying  grounds,  or  in  other  de- 
cent and  suitable  places,  and  shall  be  protected  from  violation  or 
disturbance. 


Article  XII. 

It  shall  be  lawful  for  the  citizens  of  the  United  States  of  America 
and  of  the  Republic  of  Colombia  to  sail  with  their  ships  with  all 
manner  of  liberty  and  security,  no  distinction  being  made  who  are 
the  proprietors  of  the  merchandises  laden  thereon,  from  any  port  to 
the  places  of  those  who  now  are  or  hereafter  shall  be  at  enmity  with 
either  of  the  contracting  parties.  It  shall  likewise  be  lawful  for 
the  citizens  aforesaid  to  sail  with  the  ships  and  merchandises  before 
mentioned,  and  to  trade  with  the  same  liberty  and  security  from  the 
places,  ports  and  havens,  of  those  who  are  enemies  of  both  or  either 
party,  without  any  opposition  or  disturbance  whatsoever,  not  only 
directly  from  the  places  of  the  enemy,  before  mentioned,  to  neutral 
places,  but  also  from  one  place  belonging  to  an  enemy  to  another 


296 


TREATIES,  CONVENTIONS,  ETC. 


place  belonging  to  an  enem}^,  whether  they  be  under  the  jurisdiction 
of  one  power  or  under  several.  And  it  is  hereby  stipulated  that  free 
ships  shall  also  give  freedom  to  goods,  and  that  everything  shall  he 
deemed  to  be  free  and  exempt  Avhich  shall  be  found  on  hoard  the 
ships  belonging  to  the  citizens  of  either  of  the  contracting  parties, 
although  the  whole  lading,  or  any  part  thei’eof,  should  appertain  to 
the  enemies  of  either,  contraband  goods  being  always  excepted.  It  is 
also  agreed,  in  like  manner,  that  the  same  lib^erty  be  extended  to  per- 
sons who  are  on  board  a free  ship,  with  this  effect,  that,  although 
they  be  enemies  to  both  or  either  party,  they  are  not  to  be  taken  out 
of  that  free  ship,  unless  they  are  officers  or  soldiers,  and  in  the  actual 
service  of  the  enemies:  Provided,  hoAvever,  and  it  is  hereby  agreed, 
that  the  stipulations  in  this  article  contained,  declaring  that  the  flag 
shall  cover  the  property,  shall  be  understood  as  appl3nng  to  those 
powers  only  who  recognized  this  principle;  but  if  either  of  the  two 
contracting  parties  shall  be  at  war  with  a third,  and  the  other 
neutral,  the  flag  of  the  neutral  shall  cover  the  property  of  enemies 
whose  governments  acknowledge  this  principle,  and  not  of  others. 

Article  XIII. 

It  is  likewise  agreed  that  in  the  case  ivliere  the  neutral  flag  of  one 
of  the  contracting  parties  shall  protect  the  property  of  the  enemies 
of  the  other,  by  virtue  of  the  above  stipulation,  it  shall  alwaj's  be 
understood  that  the  neutral  property  found  on  board  such  enemies’ 
vessels  shall  be  held  and  considered  as  enemies’  property,  and,  as 
such,  shall  be  liable  to  detention  and  confiscation,  except  such  prop- 
erty as  was  put  on  board  such  vessel  before  the  declaration  of  war,  or 
even  afterward,  if  it  ivere  done  Aiuthout  the  knowledge  of  it;  but  the 
contracting  parties  agree,  that  two  months  having  elapsed  after  the 
declaration,  their  citizens  shall  not  plead  ignorance  thereof.  On 
the  contrary,  if  the  flag  of  the  neutral  does  not  protect  the  enem^^’s 
property,  in  that  case  the  goods  and  merchandises,  of  the  neutral, 
embarked  in  such  enemy’s  ships,  shall  be  free. 

Article  XIV. 

This  liberty  of  navigation  and  commerce  shall  extend  to  all  kinds 
of  merchandises,  excepting  those  only  which  are  distinguished  Iw  the 
name  of  contraband ; and  under  this  name  of  contraband  or  prohib- 
ited goods  shall  be  comprehended — 

First.  Cannons,  mortars,  howitzers,  swivels,  blunderbusses,  mus- 
kets, fusees,  rifles,  carbines,  pistols,  pikes,  swords,  sabres,  lances, 
spears,  halberds  and  grenades,  bombs,  powder,  matches,  balls  and  all 
other  things  belonging  to  the  use  of  these  arms ; 

Secondly.  Bucklers,  helmets,  breast-plates,  coats  of  mail,  infantrj’’ 
belts,  and  clothes  made  up  in  the  form  and  for  a military  use ; 

Thirdly.  Cavalry  belts,  and  horses  with  their  furniture ; 

Fourthly.  And  generally  all  kinds  of  arms  and  instruments  of 
iron,  steel,  brass  and  copper,  or  of  any  other  materials  manufactured, 
prepared  and  formed  expressly  to  make  war  by  sea  or  land. 


COLOMBIA — 1824. 


297 


Article  XV. 

All  other  merchandises  and  things  not  comprehended  in  the  articles 
of  contraband  explicitly  enumerated  and  classified  as  above,  shall  be 
held  and  considered  as  free,  and  subjects  of  free  and  lawful  com- 
merce, so  that  they  may  be  carried  and  transported  in  the  freest 
manner  by  both  the  contracting  parties,  even  to  places  belonging  to 
an  enemy,  excepting  only  those  places  which  are  at  that  time  be- 
sieged or  blocked  up;  an^  to  avoid  all  doubt  in  this  particular,  it  is 
declared  that  those  places  only  are  besieged  or  blockaded  which  are 
actually  attacked  by  a belligerent  force  capable  of  preventing  the 
entry  of  the  neutral. 

Article  XVI. 

The  articles  of  contraband,  before  enumerated  and  classified,  which 
may  be  found  in  a vessel  bound  for  an  enemy’s  port,  shall  be  subject 
to  detention  and  confiscation,  leaving  free  the  rest  of  the  cargo  and 
the  ship,  that  the  owners  may  dispose  of  them  as  they  see  proper. 
No  vessel  of  either  of  the  two  nations  shall  be  detained  on  the  high 
seas  on  account  of  having  on  board  articles  of  contraband,  whenever 
the  master,  captain  or  supercargo  of  said  vessel  will  deliver  up  the 
articles  of  contraband  to  the  captor,  unless  the  quantity  of  such 
articles  be  so  great  and  of  so  large  a bulk  that  they  cannot  be  re- 
ceived on  board  the  capturing  ship  without  great  inconvenience;  but 
in  this  and  in  all  other  cases  of  just  detention,  the  vessel  detained 
shall  be  sent  to  the  nearest  convenient  and. safe  port  for  trial  and 
judgment  according  to  law. 

Artict.e  XVII. 

And  whereas  it  frequently  happens  that  vessels  sail  for  a port  or 
place  belonging  to  an  enemy,  without  knowing  that  the  same  is  be- 
sieged, blockaded  or  invested,  it  is  agreed  that  every  vessel  so  cir- 
cumstanced may  be  turned  away  from  such  port  or  place,  but  shall 
not  be  detained,  nor  shall  any  part  of  her  cargo,  if  not  contraband, 
be  confiscated,  unless,  after  warning  of  such  blockade  or  investment 
from  the  commanding  officer  of  the  blockading  forces,  she  shall  again 
attempt  to  enter;  but  she  shall  be  permitted  to  go  to  any  other  port 
or  place  she  shall  think  proper.  Nor  shall  any  vessel  of  either,  that 
may  have  entered  into  such  port  before  the  same  was  actually  be- 
sieged, blockaded  or  invested  by  the  other,  be  restrained  from  quit- 
ting such  place  with  her  cargo,  nor,  if  found  therein  after  the  reduc- 
tion and  surrender,  shall  such  vessel  or  her  cargo  be  liable  to  confisca- 
tion, but  they  shall  be  restored  to  the  owners  thereof. 

Article  XVIII. 

In  order  to  prevent  all  kind  of  disorder  in  the  visiting  and  exami- 
nation of  the  ships  and  cargoes  of  both  the  contracting  parties  on  the 
high  seas,  they  have  agreed  mutually  that  whenever  a vessel  of  war, 
public  or  private,  shall  meet  with  a neutral  of  the  other  contracting' 
party,  the  first  shall  remain  out  of  cannon  shot,  and  may  send  its 
boat  with  two  or  three  men  only  in  order  to  execute  the  said  examina- 


298 


TREATIES,  CONVENTIONS,  ETC. 


tion  of  the  papers  concerning  the  ownership  and  cargo  of  the  vessel, 
without  causing  the  least  extortion,  violence  or  ill-treatment,  for 
which  the  commanders  of  the  said  armed  ships  shall  be  responsible 
wdth  their  persons  and  property ; for  which  purpose  the  commanders 
of  said  private  armed  vessels  shall,  before  receiving  their  commissions, 
give  sufficient  security  to  answer  for  all  the  damages  they  may  com- 
mit. And  it  is  expressly  agreed  that  the  neutral  party  shall  in  no 
case  be  required  to  go  on  board  the  examining  vessel  for  the  purpose 
of  exhibiting  her  papers,  or  for  any  other  purpose  whatever. 

Article  XIX. 

To  avoid  all  kind  of  vexation  and  abuse  in  the  examination  of  the 
papers  relating  to  the  ownership  of  the  vessels  belonging  to  the  citi- 
zens of  the  two  contracting  parties,  they  have  agreed,  and  do  agree, 
that  in  case  one  of  them  should  be  engaged  in  war,  the  ships  and 
vessels  belonging  to  the  citizens  of  the  other  must  be  furnished  with 
sea-letters  or  passports,  expressing  the  name,  property  and  bulk  of 
the  shiji,  as  also  the  name  and  place  of  habitation  of  the  master  or 
commander  of  said  vessel,  in  order  that  it  may  thereby  appear  that 
the  ship  really  and  truly  belongs  to  the  citizens  of  one  of  the  parties; 
they  have  likewise  agreed  that  such  ships  being  laden,  besides  the  said 
sea-letters  or  passports,  shall  also  be  provided  with  certificates  con- 
taining the  several  particulars  of  the  cargo,  and  the  place  whence  the 
ship  sailed,  so  that  it  may  be  known  whether  any  forbidden  or  con- 
traband goods  be  on  board  the  same;  which  certificates  shall  be  made 
out  by  the  officers  of  the  place  whence  the  ship  sailed  in  the  accus- 
tomed form ; without  which  requisites  said  vessel  may  be  detained  to 
be  adjudged  by  the  competent  tribunal,  and  may  be  declared  legal 
prize,  unless  the  said  defect  shall  be  satisfied  or  supplied  by  testimony 
entirely  equivalent. 

Article  XX. 

It  is  further  agreed,  that  the  stipulations  above  expressed  relative 
to  the  visiting  and  examination  of  vessels,  shall  apply  onl_v  to  those 
which  .sail  without  convoy;  and  when  said  vessels  shall  be  under  con- 
voy, the  verbal  declaration  of  the  commander  of  the  convoy,  on  his 
word  of  honor,  that  the  vessels  under  his  protection  belong  to  the 
nation  whose  flag  he  carries,  and,  when  they  are  bound  to  an  enemy’s 
port,  that  they  have  no  contraband  goods  on  board,  shall  be  sufficient. 

Article  XXI. 

It  is  further  agreed,  that  in  all  cases  the  established  courts  for  jirize 
causes,  in  the  country  to  which  the  prizes  mav  be  conducted,  shall 
alone  take  cognizance  of  them.  And  whenever  such  tribunal  of  either 
party  shall  pronounce  judgment  against  any  vessel  or  goods,  or 
property  claimed  by  the  citizens  of  the  other  party,  the  sentence  or 
decree  shall  mention  the  reasons  or  motive  on  which  the  same  shall 
have  been  founded,  and  an  authenticated  copy  of  the  .sentence  or 
decree,  and  of  all  the  proceedings  in  the  case,  shall,  if  demanded,  be 
delivered  to  the  commander  or  agent  of  said  vessel,  without  anj^  delay, 
he  paying  the  legal  fees  for  the  same. 


COLOMBIA — 1824. 


299 


Article  XXII. 

Whenever  one  of  the  contracting  parties  shall  be  engaged  in  war 
with  another  State,  no  citizen  of  the  other  contracting  party  shall 
accept  a commission,  or  letter  of  marque,  for  the  purpose  of  assisting 
or  co-operating  hostilely  with  the  said  enemy  against  the  said  party 
so  at  war,  under  the  pain  of  being  treated  as  a pirate. 

Article  XXIII. 

If  by  any  fatality,  which  cannot  be  expected,  and  which  God  forbid, 
the  two  contracting  parties  should  be  engaged  in  a war  with  each 
other,  they  have  agreed,  and  do  agree,  now  for  then,  that  there  shall 
be  allowed  the  term  of  six  months  to  the  merchants  residing  on  the 
coasts  and  in  the  ports  of  each  other,  and  the  term  of  one  year  to 
those  who  dwell  in  the  interior,  to  arrange  their  business  and  trans- 
port their  effects  wherever  they  please,  giving  to  them  the  safe  con- 
duct necessary  for  it,  Avhich  may  serve  as  a sufficient  protection  until 
they  arrive  at  the  designated  port.  The  citizens  of  all  other  occu- 
pations who  may  be  established  in  the  territories  or  dominions  of  the 
United  States,  and  of  the  Republic  of  Colombia,  shall  be  respected 
and  maintained  in  the  full  enjoyment  of  their  personal  liberty  and 
jiroperty,  unless  their  particular  conduct  shall  cause  them  to  forfeit 
this  protection,  which,  in  consideration  of  humanity,  the  contracting 
parties  engage  to  give  them. 

Article  XXIV. 

Xeither  the  debts  due  from  individuals  of  the  one  nation  to  the 
individuals  of  the  other,  nor  shares,  nor  moneys,  which  they  may 
have  in  public  funds,  nor  in  public  or  private  banks,  shall  ever,  in  any 
event  of  war  or  of  national  difference,  be  sequestered  or  confiscated. 

Article  XXV. 

Both  the  contracting  parties  being  desirous  of  avoiding  all  in- 
equality in  relation  to  their  public  communications  and  official  inter- 
course, have  agreed,  and  do  agree,  to  grant  to  the  envoys,  ministers 
and  other  public  agents  the  .same  favors,  immunities  and  exemptions 
wdiich  those  of  the  most  favored  nation  do  or  shall  enjoy;  it  being 
understood  that  whatever  favors,  immunities  or  privileges  the  United 
States  of  America  or  the  Republic  of  Colombia  may  find  it  proper  to 
give  to  the  ministers  and  public  agents  of  any  other  power,  shall  by 
the  same  act  be  extended  to  those  of  each  of  the  contracting  parties. 

Article  XXVI. 

To  make  more  effectual  the  protection  which  the  United  States  and 
the  Republic  of  Colombia  shall  afford  in  future  to  the  navigation  and 
commerce  of  the  citizens  of  each  other,  they  agree  to  receive  and 
admit  Consuls  and  Vice-Consuls  in  all  the  ports  open  to  foreign  com- 
merce, who  shall  enjoy  in  them  all  the  rights,  prerogatives  and  immu- 
nities of  the  Consuls  and  Vice-Consuls  of  the  most  favored  nation ; 
each  contracting  party,  however,  remaining  at  liberty  to  except  those 
ports  and  places  in  which  the  admission  and  residence  of  such  Consuls 
may  not  seem  convenient. 


300 


TREATIES,  COXVEJvTIONS,  ETC. 


Article  XXVII. 

In  order  that  the  Consuls  and  Vice-Consuls  of  the  two  contracting- 
parties  may  enjoy  the  rights,  prerogatives  and  immunities  which 
belong  to  them  by  their  public  character,  they  shall,  before  entering 
on  the  exercise  of  their  functions,  exhibit  their  commission  or  patent 
in  due  form  to  the  Government  to  which  they  are  accredited ; and 
having  obtained  their  exequatur,  they  shall  be  held  and  considered 
as  such  by  all  the  authorities,  magistrates  and  inhabitants  in  the 
consular  clistrict  in  which  they  reside. 

Article  XXVIII. 

It  is  likewise  agreed  that  the  Consuls,  their  secretaries,  officers  and 
jiersons  attached  to  the  service  of  Consuls,  they  not  being  citizens  of 
the  country  in  which  the  Consul  resides,  shall  be  exempt  from  all 
jDublic  service,  and  also  from  all  kind  of  taxes,  imposts  and  contribu- 
tions, except  those  which  they  shall  be  obliged  to  pay  on  account  of 
commerce,  or  their  property,  to  which  the  citizens  and  inhabitants, 
native  and  foreign,  of  the  country  in  which  they  reside  are  subject, 
being  in  everything  besides  subject  to  the  laws  of  the  respective 
States.  The  archives  and  papers  of  the  Consulates  shall  be  respected 
inviolably,  and  under  no  pretext  whatever  shall  any  magistrate  seize 
or  in  any  way  interfere  with  them. 

Article  XXIX. 

The  said  Consuls  shall  have  power  to  require  the  assistance  of  the 
authorities  of  the  country  for  the  arrest,  detention  and  custody  of 
deserters  from  the  public  and  private  vessels  of  their  country,  and 
for  that  purpose  they  shall  address  themselves  to  the  courts,  judges 
and  officers  competent,  and  shall  demand  the  said  deserters  in  writ- 
ing, proving  by  an  exhibition  of  the  registers,  of  the  vessel’s  or 
ship’s  roll,  or  other  public  documents,  that  those  men  were  part  of 
the  said  crews;  and  on  this  demand  so  proved,  (saving,  however, 
where  the  contrary  is  proved,)  the  delivery  shall  not  be  refused. 
Such  deserters,  when  arrested,  shall  iie  put  at  the  disposal  of  the  said 
Consuls,  and  may  be  put  in  the  public  prisons  at  the  request  and 
expense  of  those  who  reclaim  them,  to  be  sent  to  the  ships  to  which 
they  belonged,  or  to  others  of  the  same  nation.  But  if  they  be  not 
sent  back  within  two  months,  to  be  counted  from  the  day  of  their 
arrest,  they  shall  be  set  at  liberty,  and  shall  be  no  more  arrested  for 
the  same  cause. 

Article  XXX. 

For  the  purpose  of  more  effectuall}^  protecting  their  commerce  and 
navigation,  the  two  contracting  parties  do  hereby  agree,  as  soon 
hereafter  as  circumstances  will  permit  them,  to  form  a consular  con- 
vention, which  shall  declare  specially  the  powers  and  immunities  of 
the  Consuls  and  Vice-Consuls  of  the  respective  parties. 

Article  XXXI. 

The  United  States  of  America  and  the  Republic  of  Colombia,  de- 
siring to  make  as  durable  as  circumstances  will  permit  the  relations 


COLOMBIA 1824. 


301 


Mhich  are  to  be  established  between  the  two  parties  by  virtue  of  this 
treaty,  or  general  convention  of  peace,  amity,  commerce  and  naviga- 
tion, have  declared  solemnly,  and  do  agree  to  the  following  points: 

First.  The  present  treaty  shall  remain  in  full  force  and  virtue  for 
the  term  of  twelve  years,  to  be  counted  from  the  day  of  the  exchange 
of  the  ratifications,  in  all  the  parts  relating  to  commerce  and  navi- 
gation; and  in  all  those  parts  Avhich  relate  to  peace  and  friendship, 
it  shall  be  permanently  and  perpetually  binding  on  both  powers; 

Second.  If  any  one  or  more  of  the  citizens  of  either  party  shall 
infringe  anj^  of  the  articles  of  this  treaty,  such  citizen  shall  be  held 
personally  resj^onsible  for  the  same,  and  the  harmony  and  good  corre- 
spondence between  the  two  nations  shall  not  be  interrupted  thereby, 
each  party  engaging  in  no  way  to  protect  the  offender,  or  sanction 
such  violation ; 

Third.  If,  (what,  indeed,  cannot  be  expected,)  unfortunately,  any 
of  the  articles  contained  in  the  present  treaty  shall  be  violated  or 
infringed  in  any  other  way  whatever,  it  is  expressly  stipulated  that 
neither  of  the  contracting  parties  will  order  or  authorize  any  acts  of 
reprisal,  nor  declare  war  against  the  other,  on  complaints  of  injuries 
or  damages,  until  the  said  party  considering  itself  offended  shall  first 
have  presented  to  the  other  a statement  of  such  injuries  or  damages, 
verified  by  competent  proof,  and  demanded  justice  and  satisfaction, 
and  the  same  shall  have  been  either  refused  or  unreasonably  delayed; 

Fourth.  Nothing  in  this  treaty  contained  shall,  however,  be  con- 
strued or  operate  contrary  to  former  and  existing  public  treaties 
with  other  Sovereigns  or  States. 

The  present  treaty  of  peace,  amity,  commerce  and  navigation  shall 
l)e  approved  and  ratified  by  the  President  of  the  United  States  of 
America,  by  and  with  the  advice  and  consent  of  the  Senate  thereof, 
and  by  the  President  of  the  Republic  of  Colombia,  with  the  consent 
and  approbation  of  the  Congress  of  the  same,  and  the  ratifications 
shall  be  exchanged  in  the  city  of  Washington  within  eight  months, 
to  be  counted  from  the  date  of  the  signature  hereof,  or  sooner,  if 
possible. 

In  faith  whereof,  we,  the  Plenipotentiaries  of  the  United  States  of 
America  and  of  the  Republic  of  Colombia,  have  signed  and  sealed 
these  presents. 

Done  in  the  city  of  Bogota,  on  the  third  day  of  October,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  twenty-four,  in 
the  forty-ninth  year  of  the  Independence  of  the  United  States  of 
America,  and  the  fourteenth  of  that  of  the  Republic  of  Colombia. 

[seal.]  Richard  Cloitgh  Anderson,  Jr. 

[seal.]  Pedro  Gual. 


(COLOMBIA.) 

New  Granada. 

1846. 

Treaty  of  Peace,  Amity,  Navigation,  and  Commerce. 

Concluded  December  12^  18Jf6;  ratification  advised  by  the  Senate  June 
18If8;  ratified  by  the  President  June  10,,  181^8;  ratifications  ex- 
changed June  10, 18Ii.8;  proclaimed  June  12, 1848. 

Articles. 


I.  Amity. 

II.  Most-favored-nation  clause. 

III.  Commerce  and  navigation. 

IV.  Mutual  privileges  of  shipping. 

V.  Customs  duties. 

VI.  Declaration  of  reciprocal  treat- 
ment. 

VII.  Freedom  of  trade. 

VIII.  Embargo. 

IX.  Asylum  to  vessels. 

X.  Captures  by  pirates. 

XI.  Shipwrecks. 

XII.  Disposal  of  property. 

XIII.  Mutual  protection. 

XIV.  Iteligious  freedom. 

XV.  Neutrality ; free  ships,  free 
goods. 

XVI.  Enemy’s  property. 

XVII.  Contraband  goods. 

XVIII.  Trade  by  neutrals. 

XIX.  Confiscation  of  contraband. 


XX.  Blockade. 

XXL  Visitation  and  search. 

XXII.  Proofof  nationality  of  vessels. 
XXIII.  Vessels  under  convoy. 

XXIV.  Prize  cases. 

XXV.  Conduct  of  hostilities. 

XXVI.  Letters  of  marque. 

XX^TI.  Protection  in  case  of  war. 
XXVm.  Confiscation  prohibited. 

XXIX.  Diplomatic  privileges. 

XXX.  Consular  officers. 

XXXI.  Consular  rights. 

XXXII.  Consular  exemptions. 
XXXIII.  Deserters  from  ships. 
XXXIV.  Agreement  for  consular  con- 
vention. 

XXXV.  Isthmus  of  Panama;  dura- 
tion : violations. 

XXXVI.  Ratification. 

Additional  article.  Acceptance  of  na- 
tionality of  vessels. 


The  United  States  of  North  America  and  the  Republic  of  New 
Granada,  in  South  America,  desiring  to  make  lasting  and  firm  the 
friendship  and  good  understanding  which  happily  exist  between  both 
nations,  have  resolved  to  fix,  in  a manner  clear,  distinct  and  positive, 
the  rules  which  shall  in  future  be  religiously  observed  between  each 
other,  by  means  of  a treaty,  or  general  convention  of  peace  and 
friendship,  commerce  and  navigation. 

For  this  desirable  object  the  President  of  the  United  States  of 
America  has  conferred  full  powers  on  Benjamin  A.  Bidlack,  a citi- 
zen of  the  said  States,  and  their  Charge  d’Atfaires  in  Bogota;  and  the 
President  of  the  Republic  of  New  Granada  has  conferred  similar  and 
equal  powers  upon  Manuel  Maria  Mallarino,  Secretary  of  State  and 
F'oreign  Relations;  who,  after  having  exchanged  their  said  full 
powers  in  due  form,  have  agreed  to  the  following  articles : 


302 


COLOMBIA — 1846. 


303 


Article  I. 

There  shall  be  a perfect,  firm  and  inviolable  peace  and  sincere 
friendship  between  the  United  States  of  America  and  the  Republic 
of  New  Granada,  in  all  the  extent  of  their  possessions  and  territories, 
and  between  their  citizens  respectively,  without  distinction  of  persons 
or  places. 


Article  II. 

The  United  States  of  America  and  the  Republic  of  New  Granada, 
desiring  to  live  in  peace  and  harmony  with  all  the  nations  of  the 
earth,  by  means  of  a policy  frank  and  equally  friendly  with  all,  en- 
gage mutually  not  to  grant  any  particular  favor  to  other  nations,  in 
respect  of  commerce  and  navigation,  which  shall  not  immediately 
become  common  to  the  other  party,  who  shall  enjoy  the  same  freely, 
if  the  concession  was  freely  made,  or  on  allowing  the  same  compensa- 
tion, if  the  concession  was  conditional. 

Article  III. 

The  two  high  contracting  parties,  being  likewise  desirous  of  placing 
the  commerce  and  navigation  of  their  respective  countries  on  the 
liberal  basis  of  perfect  equality  and  reciiirocity,  mutually  agree  that 
the  citizens  of  each  may  frequent  all  the  coasts  and  countries  of  the 
other,  and  reside  and  trade  there,  in  all  kinds  of  produce,  manufac- 
tures and  merchandise;  and  that  they  shall  enjoy  all  the  rights,  privi- 
leges and  exemptions,  in  navigation  and  commerce,  which  native  citi- 
zens do  or  shall  enjoy,  submitting  themselves  to  the  laws,  decrees, 
and  usages  there  established,  to  which  native  citizens  are  subjected. 
But  it  is  understood  that  this  article  does  not  include  the  coasting 
trade  of  either  country,  the  regulation  of  which  is  reserved  by  the 
parties,  respectively,  according  to  their  own  separate  laws. 

Article  IV. 

They  likewise  agree  that  whatever  kind  of  produce,  manufacture  or 
merchandise  of  any  foreign  country  can  be,  from  time  to  time,  law- 
fully imported  into  the  United  States  in  their  own  vessels,  may  be 
also  imported  in  vessels  of  the  Republic  of  New  Granada ; and  that  no 
higher  or  other  duties  upon  the  tonnage  of  the  vessel  and  her  cargo 
shall  be  levied  and  collected,  whether  the  importation  be  made  in 
vessels  of  the  one  country  or  of  the  other.  And,  in  like  manner,  that 
whatever  kind  of  produce,  manufactures  or  merchandise  of  any  for- 
eign country  can  be  from  time  to  time  lawfully  imported  into  the 
Republic  of  New  Granada  in  its  own  vessels,  may  be  also  imported 
in  vessels  of  the  United  States;  and  that  no  higher  or  other  duties 
upon  the  tonnage  of  the  vessel  and  her  cargo  shall  be  levied  or  col- 
lected, whether  the  importation  be  made  in  vessels  of  the  one  country 
or  the  other. 

And  they  further  agree,  that  whatever  may  be  lawfully  exported 
or  re-exported  from  the  one  country  in  its  own  vessels  to  any  foreign 
country,  may  in  like  manner  be  exported  or  re-exported  in  the  vessels 
of  the  other  country;  and  the  same  bounties,  duties,  and  drawbacks 


304 


TREATIES,  CONVENTIONS,  ETC. 


shall  be  allowed  and  collected,  whether  such  exportation  or  re-ex- 
portation be  made  in  vessels  of  the  United  States  or  of  the  Republic  of 
New  Granada. 

Article  V. 

No  higher  or  other  duties  shall  be  imposed  on  the  importation  into 
the  United  States  of  any  articles  the  produce  or  manufacture  of  the 
Republic  of  New  Granada,  and  no  higher  or  other  duties  shall  be 
imposed  on  the  importation  into  the  Republic  of  New  Granada  of  any 
articles  the  produce  or  manufactures  of  the  United  States,  than  are  or 
shall  be  jiayable  on  the  like  articles,  being  the  produce  or  manufac- 
tures of  any  other  foreign  country;  nor  shall  any  higher  or  other 
duties  or  charges  be  imposed,  in  either  of  the  two  countries,  on  the 
exportation  of  any  ai’ticles  to  the  United  States  or  to  the  ReiDublic  of 
New  Granada,  respectively,  than  such  as  are  payable  on  the  exporta- 
tion of  the  like  articles  to  any  other  foreign  country;  nor  shall  any 
jirohibition  be  imposed  on  the  exportation  or  importation  of  any 
articles  the  produce  or  manufactures  of  the  United  States  or  of  the 
Republic  of  New  Granada,  to  or  from  the  territories  of  the  United 
States  or  to  or  from  the  territories  of  the  Republic  of  New  Granada, 
■which  shall  not  equally  extend  to  all  other  nations. 

Article  VI. 

In  order  to  prevent  the  possibility  of  any  misunderstanding,  it  is 
hereby  declared  that  the  stipulations  contained  in  the  three  preced- 
ing articles  are  to  their  full  extent  applicable  to  the  vessels  of  the 
United  States  and  their  cargoes  arriving  in  the  ports  of  New  Granada, 
and  reciprocally  to  the  vessels  of  the  said  Republic  of  New  Granada 
and  their  cargoes  arriving  in  the  ports  of  the  United  States,  whether 
they  proceed  from  the  ports  of  the  country  to  which  they  respectively 
belong,  or  from  the  ports  of  any  other  foreign  country ; and  in  either 
case,  no  discriminating  duty  shall  be  imposed  or  collected  in  the 
ports  of  either  country  on  said  vessels  or  their  cargoes,  whether  the 
same  shall  be  of  native  or  foreign  produce  or  manufacture. 

Article  VII. 

. It  is  likewise  agreed  that  it  shall  be  wholly  free  for  all  merchants, 
commanders  of  ships,  and  other  citizens  of  both  countries,  to  manage, 
by  themselves  or  agents,  their  own  business  in  all  the  ports  and  places 
subject  to  the  jurisdiction  of  each  other,  as  well  with  respect  to  the 
consignments  and  sale  of  their  goods  and  merchandise  by  Avholesale 
or  retail,  as  with  respect  to  the  loading,  unloading  and  sending  otf 
their  ships;  they  being,  in  all  these  cases,  to  be  treated  as  citizens  of 
the  country  in  which  they  reside,  or  at  least  to  be  placed  on  an 
equality  with  the  subjects  or  citizens  of  the  most  favored  nation. 

Article  VIII. 

The  citizens  of  neither  of  the  contracting  parties  shall  be  liable  to 
any  embargo,  nor  be  detained,  with  their  vessels,  cargoes,  merchan- 
dise or  effects,  for  any  military  expedition,  nor  for  any  public  or 
private  purpose  whatever,  without  allowing  to  those  interested  an 
equitable  and  sufficient  indemnification. 


COLOMBIA 1846. 


305 


Article  IX. 

Whenever  the  citzens  of  either  of  the  contracting  parties  shall  be 
forced  to  seek  refuge  or  assylum  in  the  rivers,  bays,  ports,  or  do- 
minions of  the  other  with  their  vessels,  whether  merchant  or  of  war, 
public  or  private,  through  stress  of  weather,  pursuit  of  pirates  or 
enemies,  or  want  of  provisions,  or  water,  they  shall  be  received  and 
treated  with  humanity,  giving  to  them  all  favor  and  protection  for 
repairing  their  ships,  procuring  provisions,  and  placing  themselves 
in  a situation  to  continue  their  voyage  without  obstacle  or  hindrance 
of  any  kind,  or  the  payment  of  port-fees,  or  any  charges  other  than 
pilotage,  except  such  vessels  continue  in  port  longer  than  forty-eight 
hours,  counting  from  the  time  they  cast  anchor  in  port. 

Article  X. 

All  the  ships,  merchandise  and  effects,  belonging  to  the  citizens  of 
one  of  the  contracting  parties,  which  may  be  captured  by  pirates, 
whether  within  the  limits  of  its  jurisdiction  or  on  the  high  seas,  and 
may  be  carried  or  found  in  the  rivers,  roads,  bays,  ports  or  dominions 
of  the  other,  shall  be  delivered  up  to  the  owners,  they  proving  in 
due  and  jiroper  form  their  rights  before  the  competent  tribunals; 
it  being  well  understood  that  the  claim  shall  be  made  within  the  term 
of  one  year  by  the  parties  themselves,  their  attornej'^s  or  agents,  of 
their  respective  governments. 

Article  XI. 

When  any  vessels  belonging  to  the  citizens  of  either  of  the  contract- 
ing parties  shall  be  wrecked  or  foundered,  or  shall  suffer  any  damage 
on  the  coasts,  or  within  the  dominions  of  the  other,  there  shall  be 
given  to  them  all  assistance  and  protection,  in  the  same  manner  which 
is  usual  and  customary  with  the  vessels  of  the  nation  where  the  dam- 
age happens ; permitting  them  to  unload  the  said  vessel,  if  necessary, 
of  its  merchandise  and  effects,  without  exacting  for  it  any  duty, 
impost  or  contribution  whatever,  unless  they  may  be  destined  for  con- 
sumption or  sale  in  the  country  of  the  port  where  they  may  have  been 
disembarked. 

Article  XII. 

The  citizens  of  each  of  the  contracting  parties  shall  have  power  to 
dispose  of  their  jiersonal  goods  or  real  estate  within  the  jurisdiction 
of  the  other,  by  sale,  donation,  testament  or  otherwise;  and  their 
representatives,  being  citizens  of  the  other  party,  shall  succeed  to 
their  said  personal  goods  or  real  estate,  whether  by  testament  or  ah 
intestato^  and  they  may  take  possession  thereof,  either  by  themselves 
or  others  acting  for  them,  and  dispose  of  the  same  at  their  will,  pay- 
ing such  dues  only  as  the  inhabitants  of  the  country  wherein  said 
goods  are  shall  be  subject  to  pay  in  like  cases. 

Article  XIII. 

Both  contracting  parties  promise  and  engage  formally  to  give  their 
special  protection  to  the  persons  and  property  of  the  citizens  of  each 
24449— VOL  1—10 20 


306 


TREATIES,  CONVENTIONS,  ETC, 


other,  of  all  occupations,  who  may  be  in  the  territories  subject  to  the 
jurisdiction  of  one  or  the  other,  transient  or  dwelling  therein,  leaving 
open  and  free  to  them  the  tribunals  of  justice  for  their  judicial  re- 
course, on  the  same  terms  which  are  usual  and  customary  with  the 
natives  or  citizens  of  the  country ; for  which  purpose,  they  may  either 
appear  in  proper  jjerson,  or  employ  in  the  prosecution  or  defense  of 
their  rights  such  advocates,  solicitors,  notaries,  agents  and  factors  as 
they  may  judge  proper  in  all  their  trials  at  law ; and  such  citizens  or 
agents  shall  have  free  opportunity  to  be  present  at  the  decisions  or 
sentences  of  the  tribunals,  in  all  cases  which  may  concern  them,  and 
likewise  at  the  taking  of  all  examinations  and  evidence  which  may 
be  exhibited  in  the  said  trials. 

Article  XIV. 

The  citizens  of  the  United  States  residing  in  the  territories  of  the 
Republic  of  New  Granada  shall  enjoy  the  most  perfect  and  entire 
security  of  conscience,  without  being  annoyed,  prevented  or  disturbed 
on  account  of  their  religious  belief.  Neither  shall  they  be  annoyed, 
molested  or  disturbed  in  the  proper  exercise  of  their  religion  in  pri- 
vate houses,  or  in  the  chapels  or  places  of  worship  appointed  for  that 
purpose,  provided  that  in  so  doing  they  observe  the  decorum  due  to 
divine  worship  and  the  respect  due  to  the  laws,  usages,  and  customs 
of  the  country.  Liberty  shall  also  be  granted  to  bury  the  citizens 
of  the  United  States,  who  may  die  in  the  territories  of  the  Republic 
of  New  Granada,  in  convenient  and  adequate  places,  to  be  apiiointed 
and  established  by  themselves  for  that  purpose,  with  the  knowledge 
of  the  local  authorities,  or  in  such  other  places  of  sepulture  as  may 
be  chosen  by  the  friends  of  the  deceased;  nor  shall  the  funerals  or 
sepulchres  of  the  dead  be  disturbed  in  anywise,  nor  upon  any  account. 

In  like  manner,  the  citizens  of  New  Granada  shall  enjoy,  within  the 
Government  and  territories  of  the  United  States,  a perfect  and  unre- 
strained liberty  of  conscience,  and  of  exercising  their  religion,  pub- 
licly or  privately,  within  their  own  dwelling-houses,  or  in  the  chapels 
and  places  of  worship  appointed  for  that  purpose,  agreeably  to  the 
laws,  usages,  and  customs  of  the  United  States. 

* Article  XV. 

It  shall  be  lawful  for  the  citizens  the  United  States  of  America 
and  of  the  Republic  of  New  Grenada  to  sail  with  their  ships  with 
all  manner  of  liberty  and  security,  no  distinction  being  made  who 
are  the  proprietors  of  the  merchandise  laden  thereon,  from  any  port 
to  the  places  of  those  who  now  are  or  hereafter  shall  be  at  enmity 
with  either  of  the  contracting  parties.  It  shall  likewise  be  lawful  for 
the  citizens  aforesaid  to  sail  wdth  the  ships  and  merchandise  before 
mentioned,  and  to  trade  with  the  same  liberty  and  security  from  the 
places,  ports  and  havens  of  those  who  are  enemies  of  both  or  either 
party,  without  any  opposition  or  disturbance  whatsoever,  not  only 
directly  from  the  places  of  the  enemy  before  mentioned  to  neutral 
places,  but  also  from  one  place  belonging  to  an  enemy  to  another  place 
belonging  to  an  enemy,  whether  they  be  under  the  jurisdiction  of  one 
power  or  under  several.  And  it  is  hereby  stipulated  that  free  sh’ps 
shall  also  give  freedom  to  goods,  and  that  everything  which  shall  be 


COLOMBIA 1846. 


307 


found  on  board  the  ships  belonging  to  the  citizens  of  either  of  the 
contracting  parties  shall  be  deemed  to  be  free  and  exempt,  although 
the  whole  lading  or  any  part  thereof  should  appertain  to  the  enemies 
of  either,  (contraband  goods  being  always  excepted.)  It  is  also 
agreed,  in  like  manner,  that  the  same  liberty  shall  be  extended  to  per- 
sons who  are  on  board  a free  ship,  with  this  effect,  that  although  they 
be  enemies  to  both  or  either  party,  they  are  not  to  be  taken  out  of 
that  free  ship  unless  they  are  officers  and  soldiers  and  in  the  actual 
service  of  the  enemies : Provided,  however,  and  it  is  hereby  agreed, 
that  the  stipulations  in  this  article  contained,  declaring  that  the  flag 
shall  cover  the  property,  shall  be  understood  as  applying  to  those 
powers  only  who  recognize  this  principle;  but  if  either  of  the  two 
contracting  parties  shall  be  at  war  with  a third,  and  the  other  remains 
neutral,  the  flag  of  the  neutral  shall  cover  the  property  of  enemies 
whose  governments  acknowledge  this  principle,  and  not  of  others. 

Article  XVI. 

It  is  likewise  agreed  that,  in  the  case  where  the  neutral  flag  of  one 
of  the  contracting  parties  shall  protect  the  property  of  the  enemies 
of  the  other,  by  virtue  of  the  above  stipulation,  it  shall  always  be 
understood  that  the  neutral  property  found  on  board  such  enemy’s 
vessels  shall  be  held  and  considered  as  enemy’s  property,  and  as  such 
shall  be  liable  to  detention  and  confiscation,  except  such  property 
as  was  put  on  board  such  vessel  before  the  declaration  of  war,  or  even 
afterwards,  if  it  were  done  without  the  knowledge  of  it;  but  the  con- 
tracting parties  agree  that,  two  months  having  elapsed  after  the 
declaration  of  war,  their  citizens  shall  not  plead  ignorance  thereof. 
On  the  contrary,  if  the  flag  of  the  neutral  does  not  protect  the  enemy’s 
property,  in  that  case  the  goods  and  merchandise  of  the  neutral  em- 
barked on  such  enemy’s  ship  shall  be  free. 

Article  XVII. 

This  liberty  of  navigation  and  commerce  shall  extend  to  all  kinds  of 
merchandise,  excepting  those  only  which  are  distinguished  by  the 
name  of  contraband;  and  under  this  name  of  contraband,  or  pro- 
hibited goods,  shall  be  comprehended — 

1st.  Cannons,  mortars,  howitzers,  swivels,  blunderbusses,  muskets, 
rifles,  carbines,  pistols,  pikes,  swords,  sabres,  lances,  spears,  halberds, 
and  grenades,  bombs,  powder,  matches,  balls  and  all  other  things  be- 
longing to  the  use  of  these  arms. 

2d.  Bucklers,  helmets,  breast-plates,  coats  of  mail,  infantry  belts, 
and  clothes  made  up  in  the  form  and  for  the  military  use. 

3d.  Cavalry  belts,  and  horses  with  their  furniture. 

4th.  And  generally  all  kinds  of  arms  and  instruments  of  iron, 
steel,  brass  and  copper,  or  of  any  other  materials  manufactured,  pre- 
pared and  formed  expressly  to  make  war  by  sea  or  land. 

5th.  Provisions  that  are  imported  into  a besieged  or  blockaded 
place. 

Article  XVIII. 

All  other  merchandise,  and  things  not  comprehended  in  the  articles 
of  contraband,  explicitly  enumerated  and  classified  as  above,  shall  be 
held  and  considered  as  free,  and  subjects  of  free  and  lawful  commerce. 


308 


TREATIES,  CONVENTIONS,  ETC. 


SO  that  they  may  be  carried  and  transported  in  the  freest  manner  by 
the  citizens  of  both  the  contracting  parties,  even  to  places  belonging 
to  an  enemy,  excepting  those  places  only  which  are  at  that  time 
besieged  or  blockaded;  and,  to  avoid  all  doubt  in  this  particular,  it 
is  declared  that  those  places  only  are  besieged  or  blockaded  which  are 
actually  attacked  by  a belligerent  force  capable  of  preventing  the 
entry  of  the  neutral. 

Article  XIX. 

The  articles  of  contraband,  before  enumerated  and  classified,  which 
ma.y  be  found  in  a vessel  bound  for  an  enemy’s  port,  shall  be  subject 
to  detention  and  confiscation,  leaving  free  the  rest  of  the  cargo  and  the 
ship,  that  the  owners  may  dispose  of  them  as  they  see  proper.  No 
A'essel  of  either  of  the  two  nations  shall  be  detained  on  the  high  seas 
on  account  of  having  on  board  articles  of  contraband,  whenever  the 
master,  captain  or  supercargo  of  said  vessels  will  deliver  up  the 
articles  of  contraband  to  the  captor,  unless  the  quantity  of  such 
articles  be  so  great  and  of  so  large  a bulk  that  they  cannot  be  received 
on  board  the  capturing  ship  without  great  inconvenience ; but  in  this 
and  all  other  cases  of  just  detention,  the  vessel  detained  shall  be  sent 
to  the  nearest  convenient  and  safe  port  for  trial  and  judgment 
according  to  law. 

Article  XX. 

And  whereas  it  frequently  happens  that  vessels  sail  for  a port  or 
place  belonging  to  an  enemy,  without  knowing  that  the  same  is  .be- 
sieged or  blockaded  or  invested,  it  is  agreed  that  every  vessel  so  cir- 
cumstanced may  be  turned  away  from  such  port  or  place,  but  shall 
not  be  detained,  nor  shall  any  part  of  her  cargo,  if  not  contraband, 
be  confiscated  unless,  after  warning  of  such  blockade  or  investment 
from  the  commanding  officer  of  the  blockading  forces,  she  shall  again 
attempt  to  enter;  but  she  shall  be  permitted  to  go  to  any  other  port 
or  place  she  shall  think  proper.  Nor  shall  any  vessel  that  may  have 
entered  into  such  port  before  the  same  was  actually  besieged,  block- 
aded, or  invested  by  the  other,  be  restrained  from  quitting  that  place 
with  her  cargo;  nor,  if  found  therein  after  the  reduction  and  sur- 
render, shall  such  vessel  or  her  cargo  be  liable  to  confiscation,  but 
they  shall  be  restored  to  the  owners  thereof. 

Article  XXI. 

In  order  to  prevent  all  kind  of  disorder  in  the  visiting  and  exami- 
nation of  the  ships  and  cargoes  of  both  the  contracting  parties  on  the 
high  seas,  they  have  agreed  mutually  that  whenever  a national  vessel 
of  war,  public  or  private,  shall  meet  with  a neutral  of  the  other  con- 
tracting party,  the  first  shall  remain  out  of  cannon  shot,  unless  in 
stress  of  weather,  and  may  send  its  boat  with  two  or  three  men  only, 
in  order  to  execute  the  said  examination  of  the  papers  concerning  the 
ownership  and  cargo  of  the  vessel,  without  causing  the  least  extor- 
tion, violence  or  ill-treatment,  for  which  the  commanders  of  said 
armed  ships  shall  be  responsible  with  their  persons  and  property ; for 
which  purpose  the  commanders  of  private  armed  vessels  shall,  before 
receiving  their  commissions,  give  sufficient  security  to  answer  for  all 


COLOMBIA 1846. 


309 


the  damages  they  may  commit.  And  it  is  expressly  agreed  that  the 
neutral  party  shall  in  no  case  be  required  to  go  on  board  the  examin- 
ing vessel  for  the  purpose  of  exhibiting  her  papers,  or  for  any  other 
purpose  whatever. 

Article  XXII. 

To  avoid  all  kind  of  vexation  and  abuse  in  the  examination  of  the 
papers  relating  to  the  ownership  of  the  vessels  belonging  to  the  citi- 
zens of  the  two  contracting  parties,  they  have  agreed,  and  do  hereby 
agree,  that  in  case  one  of  them  should  be  engaged  in  war,  the  ships 
and  vessels  belonging  to  the  citizens  of  the  other  must  be  furnished 
with  sea-letters  or  passports,  expressing  the  name,  property  and  bulk 
of  the  ship,  as  also  the  name  and  place  of  habitation  of  the  master 
and  commander  of  the  said  vessel,  in  order  that  it  may  thereby  appear 
that  the  ship  really  and  truly  belongs  to  the  citizens  of  one  of  the 
parties ; they  have  likewise  agreed  that  when  such  ships  have  a cargo, 
they  shall  also  be  provided,  besides  the  said  sea-letters  or  passports, 
with  certificates  containing  the  several  particulars  of  the  cargo  and 
the  place  whence  the  ship  sailed,  so  that  it  may  be  known  whether 
any  forbidden  or  contraband  goods  are  on  board  the  same;  which 
certificates  shall  be  made  out  by  the  officers  of  the  place  whence  the 
ship  sailed,  in  the  accustomed  form;  without  which  requisites  said 
vessel  may  be  detained,  to  be  adjudged  by  the  competent  tribunal,  and 
may  be  declared  lawful  prize,  unless  the  said  defect  shall  be  proved 
to  be  owing  to  accident  and  shall  be  satisfied  or  supplied  by  testimony 
entirely  equivalent. 

Article  XXIII. 

It  is  further  agreed  that  the  stipulations  above  expressed  relative  to 
the  visiting  and  examination  of  vessels  shall  apply  only  to  those  which 
sail  without  convoy ; and  when  said  vessels  shall  be  under  convoy,  the 
verbal  declaration  of  the  commander  of  the  convoy,  on  his  word  of 
honor,  that  the  vessels  under  his  protection  belong  to  the  nation  whose 
flag  he  carries,  and  when  they  may  be  bound  to  an  enemy’s  port  that 
they  have  no  contraband  goods  on  board,  shall  be  sufficient. 

Article  XXIV. 

It  is  further  agreed  that  in  all  cases  the  established  courts  for 
prize  causes,  in  the  country  to  which  the  prizes  may  be  conducted, 
shall  alone  take  cognizance  of  them.  And  whenever  such  tribunals 
of  either  party  shall  pronounce  judgment  against  any  vessel  or  goods 
or  property  claimed  by  the  citizens  of  the  other  party,  the  sentence 
or  decree  shall  mention  the  reasons  or  motives  upon  which  the  same 
shall  have  been  founded,  and  an  authenticated  copy  of  the  sentence 
or  decree  and  of  all  the  proceedings  in  the  case,  shall,  if  demanded, 
be  delivered  to  the  commander  or  agent  of  said  vessel  without  any 
delay,  he  paying  the  legal  fees  for  the  same. 

Article  XXV. 

For  the  purpose  of  lessening  the  evils  of  war,  the  two  high  con- 
tracting parties  further  agree  that,  in  case  a war  should  unfortunately 


310 


TREATIES,  CONVENTIONS,  ETC. 


take  place  between  them,  hostilities  shall  only  be  carried  on  by  per- 
sons duly  commissioned  by  the  Government,  and  by  those  under  their 
orders,  except  in  repelling  an  attack  or  invasion,  and  in  the  defense 
of  property. 

Article  XXVI. 

Whenever  one  of  the  contracting  parties  shall  be  engaged  in  war 
with  another  State,  no  citizen  of  the  other  contracting  party  shall 
accept  a commission  or  letter  of  marque  for  the  purpose  of  assisting 
or  co-operating  hostilely  with  the  said  enemy  against  the  said  parties 
so  at  war,  under  the  pain  of  being  treated  as  a pirate. 

Article  XXVII. 

If  by  any  fatality,  which  cannot  be  expected,  and  God  forbid,  the 
two  contracting  parties  should  be  engaged  in  a war  with  each  other, 
they  have  agreed  and  do  agree  now  for  then,  that  there  shall  be 
allowed  the  term  of  six  months  to  the  merchants  residing  on  the  coasts 
and  in  the  ports  of  each  other,  and  the  term  of  one  year  to  those  who 
dwell  in  the  interior,  to  arrange  their  business  and  transport  their 
effects  wherever  they  please,  giving  to  them  the  safe-conduct  neces- 
sary for  it,  which  may  serve  as  a sufficient  protection  until  they  arrive 
at  the  designated  port.  The  citizens  of  all  other  occupations  who  may 
be  established  in  the  territories  or  dominions  of  the  United  States  or 
of  New  Granada,  shall  be  respected  and  maintained  in  the  full  enjoy- 
ment of  their  personal  liberty  and  property,  unless  their  particular 
conduct  shall  cause  them  to  forfeit  this  protection,  which,  in  consid- 
eration of  humanity,  the  contracting  parties  engage  to  give  them. 

Article  XXVIII. 

Neither  the  debts  due  from  individuals  of  the  one  nation  to  the 
individuals  of  the  other,  nor  shares,  nor  money,  wdiich  they  may  have 
in  public  funds  nor  in  public  or  private  banks,  shall  ever  in  any  event 
of  war  or  of  national  difference,  be  sequestered  or  confiscated. 

Article  XXIX. 

Both  the  contracting  parties  being  desirous  of  avoiding  all  in- 
equality in  relation  to  their  public  communications  and  official  inter- 
course, have  agreed,  and  do  agree,  to  grant  to  the  envoys,  ministers 
and  other  public  agents  the  same  favors,  immunities  and  exemptions 
which  those  of  the  most  favored  nations  do  or  shall  enjoy;  it  being 
understood  that  whatever  favors,  immunities  or  privileges  the  United 
States  of  America  or  the  Eepublic  of  New  Granada  may  find  it 
proper  to  give  to  the  ministers  and  public  agents  of  any  other  power, 
shall  by  the  same  act  be  extended  to  those  of  each  of  the  contracting 
parties. 

Article  XXX. 

To  make  more  effectual  the  iirotection  which  the  United  States  and 
the  Republic  of  New  Granada  shall  afford  in  future  to  the  naviga- 
tion and  commerce  of  the  citizens  of  each  other,  they  agi’ee  to  receive 
and  admit  Consuls  and  Vice-Consuls  in  all  the  ports  open  to  foreign 


COLOMBIA — -1846. 


311 


commerce,  who  shall  enjoy  in  them  all  the  rights,  prerogatives  and 
immunities  of  the  Consuls  and  Vice-Consuls  of  the  most  favored  na- 
tion ; each  contracting  party,  however,  remaining  at  liberty  to  except 
those  ports  and  places  in  which  the  admission  and  residence  of  such 
Consuls  may  not  seem  convenient. 

Article  XXXI. 

In  order  that  the  Consuls  and  Vice-Consuls  of  the  two  contracting 
parties  may  enjoy  the  rights,  prerogatives  and  immunities  which  be- 
long to  them  by  their  public  character,  they  shall,  before  entering 
on  the  exercise  of  their  functions,  exhibit  their  commission  or  patent 
in  due  form  to  the  Government  to  which  they  are  accredited;  and, 
having  obtained  their  exequatur,  they  shall  be  held  and  considered 
as  such  by  all  the  authorities,  magistrates  and  inhabitants  in  the 
consular  district  in  which  thet’^  reside. 

Article  XXXII. 

It  is  likewise  agreed  that  the  Consuls,  their  secretaries,  officers  and 
persons  attached  to  the  service  of  Consuls,  they  not  being  citizens  of 
the  country  in  which  the  Consul  resides,  shall  be  exempt  from  all 
public  service;  and  also  from  all  kind  of  taxes,  imposts  and  contri- 
butions, except  those  which  they  shall  be  obliged  to  pay  on  account 
of  commerce  or  their  property,  to  which  the  citizens  and  inhabi- 
tants, native  and  foreign,  of  the  country  in  which  they  reside  are 
subject,  being  in  everything  besides  subject  to  the  laws  of  the  re- 
spective States.  The  archives  and  papers  of  the  consulates  shall  be 
respected  inviolably,  and  under  no  pretext  whatever  shall  any  magis- 
trate seize  or  in  any  way  interfere  with  them. 

Article  XXXIII. 

The  said  Consuls  shall  have  power  to  require  the  assistance  of  the 
authorities  of  the  country  for  the  arrest,  detention,  and  custody  of 
deserters  from  the  public  and  private  vessels  of  their  country;  and 
for  that  purpose  they  shall  address  themselves  to  the  courts,  judges, 
and  officers  competent,  and  shall  demand  in  writing  the  said  de- 
serters, proving,  by  an  exhibition  of  the  registers  of  the  vessels  or 
ship’s  roll  or  other  public  documents,  that  those  men  were  part  of 
the  said  crews;  and  on  this  demand  so  proved,  (saving,  however, 
where  the  contrary  is  proved  by  other  testimonies,)  the  delivery  shall 
not  be  refused.  Such  deserters,  when  arrested,  shall  be  put  at  the 
disposal  of  the  said  Consuls,  and  may  be  put  in  the  public  prisons 
at  the  request  and  expense  of  those  who  reclaim  them,  to  be  sent 
to  the  ships  to  which  they  belonged  or  to  others  of  the  same  nation. 
But  if  they  be  not  sent  back  within  two  months,  to  be  counted  from 
the  day  of  their  arrest,  they  shall  be  set  at  liberty,  and  shall  be  no 
more  arrested  for  the  same  cause. 

Article  XXXIV. 

For  the  purpose  of  more  effectually  protecting  their  commerce  and 
navigation,  the  two  contracting  parties  do  hereby  agree  to  form,  as 


312 


TREATIES,  CONVENTIONS,  ETC. 


soon  hereafter  as  circumstances  will  permit,  a consular  convention, 
which  shall  declare  specially  the  powers  and  immunities  of  the  Con- 
suls and  Vice-Consuls  of  the  respective  parties. 

Article  XXXV. 

The  United  States  of  America  and  the  Republic  of  New  Granada, 
desiring  to  make  as  durable  as  possible  the  relations  which  are  to  be 
established  between  the  two  parties  by  virtue  of  this  treaty,  have  de- 
clared solemnly,  and  do  agree  to  the  following  points: 

1st.  For  the  better  understanding  of  the  preceding  articles,  it  is 
and  has  been  stipulated  between  the  high  contracting  parties,  that 
the  citizens,  vessels  and  merchandise  of  the  United  States  shall  enjoy 
in  the  ports  of  New  Granada,  including  those  of  the  part  of  the 
Granadian  territory  generally  denominated  Isthmus  of  Panama, 
from  its  southernmost  extremity  until  the  boundary  of  Costa  Rica, 
all  the  exemptions,  privileges  and  immunities  concerning  commerce 
and  navigation,  which  are  now  or  may  hereafter  be  enjoyed  by 
Granadian  citizens,  their  vessels  and  merchandise;  and  that  this 
equality  of  favors  shall  be  made  to  extend  to  the  passengers,  corre- 
spondence and  merchandise  of  the  United  States,  in  their  transit 
across  the  said  territory,  from  one  sea  to  the  other.  The  Government 
of  New  Granada  guarantees  to  the  Government  of  the  United  States 
that  the  right  of  way  or  transit  across  the  Isthmus  of  Panama  upon 
any  modes  of  communication  that  now  exist,  or  that  may  be  here- 
after constructed,  shall  be  open  and  free  to  the  Government  and 
citizens  of  the  United  States,  and  for  the  transportation  of  an}^  ar- 
ticles of  produce,  manufactures  or  merchandise,  of  laAvful  commerce, 
belonging  to  the  citizens  of  the  United  States;  that  no  other  tolls  or 
charges  shall  be  levied  or  collected  upon  the  citizens  of  the  United 
States,  or  their  said  merchandise  thus  passing  over  ani'  road  or 
canal  that  may  be  made  by  the  Government  of  New  Granada,  or  by 
the  authority  of  the  same,  than  is,  under  like  circumstances,  levied 
upon  and  collected  from  the  Granadian  citizens;  that  any  lawful 
produce,  manufactures  or  merchandise,  belonging  to  citizens  of  the 
United  States,  thus  passing  from  one  sea  to  the  other,  in  either 
direction,  for  the  purpose  of  exportation  to  any  other  foreign  country, 
shall  not  be  liable  to  any  import-duties  whatever;  or,  having  jiaid 
such  duties,  they  shall  be  entitled  to  drawback  uiion  their  exporta- 
tion; nor  shall  the  citizens  of  the  United  States  be  liable  to  any 
duties,  tolls  or  charges  of  any  kind,  to  which  native  citizens  are  not 
subjected  for  thus  passing  the  said  Isthmus.  And,  in  order  to  secure 
to  themselves  the  tranquil  and  constant  enjoyment  of  these  advan- 
tages, and  as  an  especial  compensation  for  the  said  adi'antages,  and 
for  the  favors  they  have  acquired  by  the  4th,  5th,  and  6th  articles  of 
this  treaty,  the  United  States  guarantee,  posith’ely  and  efficaciously, 
to  New  Granada,  bv  the  present  stipulation,  the  perfect  neutrality  of 
the  before-mentioned  isthmus,  with  the  vieiv  that  the  free  transit 
from  the  one  to  the  other  sea  may  not  be  interrupted  or  embarrassed 
in  any  future  time  while  this  treaty  exists;  and,  in  consequence,  the 
United  States  also  guarantee,  in  the  same  manner,  the  rights  of 
sovereignty  and  property  which  Neiv  Granada  has  and  possesses  oi'^er 
the  said  territory. 


COLOMBIA 1846. 


• 313 


2d.  The  present  treaty  shall  reman  in  full  force  and  vigor  for  the 
term  of  twenty  years  from  the  day  of  the  exchange  of  the  ratifica- 
tions; and  from  the  same  day  the  treaty  that  was  concluded  between 
the  United  States  and  Colombia,  on  the  thirteenth  of  October,  1824, 
shall  cease  to  have  effect,  notwithstanding  what  was  disposed  in  the 
first  point  of  its  31st  article. 

3d.  Notwithstanding  the  foregoing,  if  neither  party  notifies  to  the 
other  its  intention  of  reforming  any  of,  or  all,  the  articles  of  this 
treaty  twelve  months  before  the  expiration  of  the  twenty  years  stipu- 
lated above,  the  said  treaty  shall  continue  binding  on  both  parties 
beyond  the  said  twenty  years,  until  twelve  months  from  the  time  that 
one  of  the  parties  notifies  its  intention  of  proceeding  to  a reform. 

4th.  If  any  one  or  more  of  the  citizens  of  either  party  shall  infringe 
any  of  the  articles  of  this  treaty,  such  citizens  shall  be  held  personally 
responsible  for  the  same,  and  the  harmony  and  good  correspondence 
between  the  nations  shall  not  be  interrupted  thereby ; each  party  en- 
gaging in  no  way  to  protect  the  offender,  or  sanction  such  violation. 

5th.  If  unfortunately  any  of  the  articles  contained  in  this  treaty 
should  be  violated  or  infringed  in  any  way  whatever,  it  is  expressly 
stipulated  that  neither  of  the  two  contracting  parties  shall  ordain  or 
authorize  any  acts  of  reprisal,  nor  shall  declare  war  against  the  other 
on  complaints  of  injuries  or  damages,  until  the  said  party  considering 
itself  offended  shall  have  laid  before  the  other  a statement  of  such 
injuries  cr  damages,  verified  by  competent  proofs,  demanding  justice 
and  satisfaction,  and  the  same  shall  have  been  denied,  in  violation  of 
the  laws  and  of  international  right. 

Gth.  Any  special  or  remarkable  advantage  that  one  or  the  other 
power  may  enjoy  from  the  foregoing  stipulation,  are  and  ought  to  be 
always  understood  in  virtue  and  as  in  compensation  of  the  obliga- 
tions they  have  just  contracted,  and  which  have  been  specified  in  the 
first  number  of  this  article. 

Article  XXXVI. 

The  present  treaty  of  peace,  amity,  commerce  and  navigation  shall 
be  approved  and  ratified  by  the  President  of  the  United  States,  by 
and  with  the  advice  and  consent  of  the  Senate  thereof;  and  by  the 
President  of  the  Republic  of  New  Granada,  with  the  consent  and  ap- 
probation of  the  Congress  of  the  same;  and  the  ratifications  shall  be 
exchanged  in  the  city  of  Washington,  within  eighteen  months  from 
the  date  of  the  signature  thereof,  or  sooner  if  possible. 

In  faith  whereof,  we,  the  Plenipotentiaries  of  the  United  States  of 
America  and  of  the  Republic  of  New  Granada,  have  signed  and 
sealed  these  presents  in  the  city  of  Bogota,  on  the  twelfth  day  of 
December,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
forty-six. 

[seal.]  B.  a.  Bidlack. 

[seal.]  M.  M.  Mallarino. 


ADDITIONAL  ARTICLE. 

The  Republics  of  the  United  States  and  of  New  Granada  will  hold 
and  admit  as  national  ships  of  one  or  the  other,  all  those  that  shall  be 


314 


TREATIES,  CONVENTIONS,  ETC. 


provided  by  the  respective  Government  with  a patent,  issued  accord- 
ing to  its  laws. 

The  present  additional  article  shall  have  the  same  force  and 
validity  as  if  it  were  inserted,  word  for  word,  in  the  treaty  signed 
this  day.  It  shall  be  ratified,  and  the  ratification  shall  be  exchanged 
at  the  same  time. 

In  Avitness  whereof,  the  respective  Plenipotentiaries  have  signed 
the  same,  and  have  affixed  thereto  their  seals. 

Done  in  the  city  of  Bogota,  the  twelfth  day  of  December,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  forty-six. 

[seal.]  B.  a.  Bidlack. 

[seal.]  M.  M.  Mallaeino. 


1850. 

Consular  Convention. 

C oncluded  May  4, 1850 ; ratification  advised  by  the  Senate  September 
2Ji.,  1850;  ratified  by  the  President  November  IJj.,  1850;  ratifications 
exchanged  October  30^  1851 ; proclaimed  December  5,  1851. 

Articles. 

I.  Officers  authorized. 

II.  Exequaturs. 

III.  Functions. 

IV.  Good  offices. 

V.  Prerogatives,  exemptions,  etc. 

In  the  name  of  the  Most  Holy  Trinity. 

The  Governments  of  the  Republics  of  New  Granada  and  the  United 
States  of  America,  having  engaged  by  the  thirty-fourth  article  of  the 
treaty  of  peace,  amity,  navigation  and  commerce,  concluded  on  the 
twelfth  of  December,  1846,  to  form  a consular  convention,  which  shall 
declare  specially  the  jiowers  and  immunities  of  the  Consuls  and  Vice- 
Consuls  of  the  respective  parties,  in  order  to  comply  Avith  this  article, 
and  more  effectively  to  protect  their  commerce  and  navigation,  they 
have  given  adequate  authority  to  their  respectiA  e Plenipotentiaries,  to 
Avit : 

The  Government  of  NeAv  Granada  to  Raphael  Rivas,  its  Charge 
d’Affaires  in  the  United  States,  and  the  Government  of  the  LT^nited 
States,  to  John  M.  Clayton,  Secretary  of  State; 

Who,  after  the  exchange  and  examination  of  their  full  powers, 
found  to  be  sufficient  and  in  due  form,  have  agreed  upon  the  folloAving 
articles : 

Article  I. 

Each  of  the  tAvo  contracting  Republics  may  maintain  in  the  princi- 
pal cities  or  commercial  places  of  the  other,  and  in  the  ports  open  to 
foreign  commerce.  Consuls  of  its  own,  charged  with  the  protection 
of  the  commercial  rights  and  interests  of  their  nation,  and  to  sustain 
their  countrymen  in  the  difficulties  to  Avhich  they  may  be  exposed. 
They  may  likewise  appoint  Consuls-General,  as  chiefs  over  the  other 


A I.  Legal  status  of  consuls. 
VII.  Passports. 

VIII.  Ratification. 

IX.  Duration. 


COLOMBIA 1850. 


315 


Consuls,  or  to  attend  to  the  affairs  of  several  commercial  places  at  the 
same  time,  and  Vice-Consuls  for  ports  of  minor  importance,  or  to  act 
under  the  direction  of  the  Consuls.  Each  Republic  may,  however, 
■except  those  cities,  places,  or  ports  in  which  it  may  consider  the  resi- 
dence of  such  functionaries  inconvenient,  such  exception  being  common 
to  all  nations.  All  that  is  said  in  this  convention  of  Consuls  in  gen- 
eral shall  be  considered  as  relating  not  only  to  Consuls,  properly  so 
called,  but  to  Consuls-General  and  Vice-Consuls,  in  all  the  cases  to 
which  this  convention  refers. 


Article  II. 

The  Consuls  appointed  by  one  of  the  contracting  parties  to  reside 
in  the  ports  or  places  of  the  other,  shall  present  to  the  Government 
of  the  Republic  in  which  they  are  to  reside  their  letters-patent  or 
commission,  in  order  that  they  may  receive  the  proper  exequatur,  if 
it  be  deemed  expedient  to  give  it,  which  shall  be  granted  without  any 
charge;  and  this  exequatur,  when  obtained,  is  to  be  exhibited  to  the 
chief  authorities  of  the  place  in  which  the  Consul  is  to  exercise  his 
functions,  in  order  that  they  may  cause  him  to  be  recognized  in  his 
character,  and  that  he  may  be  sustained  in  his  proper  prerogatives, 
in  his  respective  consular  district.  The  Government  receiving  the 
Consul  may  withdraw  the  exequatur  or  his  consular  commission 
whenever  it  may  judge  proper  to  do  so,  but  in  such  case  shall  state  a 
reasonable  ground  for  the  proceeding. 

Article  III. 

The  Consuls  admitted  in  either  Republic  may  exercise  in  their  re- 
spective districts  the  following  functions: 

1.  They  may  apply  directly  to  the  authorities  of  the  district  in 
which  they  reside,  and  they  may,  in  case  of  necessity,  have  recourse 
to  the  National  Government  through  the  diplomatic  agent  of  their 
nation,  if  there  be  any,  or  directly,  if  there  be  no  such  agent,  in  com- 
plaint against  any  infraction  of  the  treaties  of  commerce  committed 
by  the  authorities  or  persons  employed  by  them  in  the  country,  to 
the  injury  of  the  commerce  of  the  nation  in  whose  service  the  Consul 
is  engaged. 

2.  They  may  apply  to  the  authorities  of  the  consular  district,  and, 
in  case  of  necessity,  they  may  have  recourse  to  the  National  Govern- 
ment through  the  diplomatic  dgent  of  their  nation,  if  there  be  any, 
or  directl}^  if  there  be  no  such  agent,  against  any  abuse  on  the  part  of 
the  authorities  of  the  counti’y,  or  the  persons  employed  by  them, 
against  individuals  of  their  nation  in  whose  service  the  Consul  is 
('iigaged ; and  they  may,  when  necessary,  take  such  measures  as  may 
be  proper  to  prevent  justice  from  being  denied  to  them,  or  delayed, 
and  to  prevent  them  from  being  judged  or  punished  by  any  other 
than  competent  judges,  and  agreeably  to  the  laws  in  force. 

3.  They  may,  as  the  natural  defenders  of  their  fellow-country- 
men, appear  in  their  name  and  behalf,  whenever  so  requested  by 
them,  before  the  respective  authorities  of  the  place,  in  all  cases  in 
Avhich  their  support  may  be  necessary. 

4.  They  may  accompany  the  captains,  mates  or  masters  of  vessels 
of  their  nation  in  all  that  they  may  have  to  do  with  regard  to  the 


316 


TBEATIES,  COI^VENTIOiS’S,  ETC. 


manifests  of  their  merchandise  and  other  documents,  and  be  present 
in  all  cases  in  which  the  authorities,  courts  or  judges  of  the  country 
may  have  to  take  any  declarations  from  the  persons  above  men- 
tioned, or  any  other  belonging  to  their  respective  crews. 

5.  They  may  receive  depositions,  protests  and  statements  from 
captains,  mates  and  masters  of  vessels  of  their  nation  respecting 
losses  and  injuries  sustained  at  sea,  and  protests  of  any  individuals 
of  their  nation  respecting  mercantile  affairs.  These  documents, 
drawn  up  in  authentic  copies,  certified  by  the  Consul,  shall  be  ad- 
mitted in  the  courts  and  offices  of  justice,  and  shall  have  the  same 
validity  as  if  they  had  been  authenticated  before  the  same  judges  or 
courts. 

6.  They  may  determine  on  all  matters  relating  to  injuries  sustained 
at  sea  by  effects  and  merchandise  shipped  in  vessels  of  the  nation  in 
whose  service  the  Consul  is  employed  arriving  at  the  place  of  his 
residence,  provided  that  there  be  no  stipulations  to  the  contrary  be- 
tween the  ship2)ers,  owners  and  insurers.  But  if,  among  the  persons 
interested  in  such  losses  and  injuries,  there  should  be  inhabitants  of 
the  country  where  the  Consul  resides,  and  not  belonging  to  the 
nation  in  whose  service  he  is,  the  cognizance  of  such  losses  and  in- 
juries a2:)23ertains  to  the  local  authorities. 

7.  They  may  com})romise  amicably,  and  out  of  court,  the  differ- 
ences arising  between  their  fellow-countrymen,  provided  that  those 
Iversons  agree  voluntarily  to  submit  to  such  arbitration;  in  which 
case  the  document  containing  the  decision  of  the  Consul,  authenti- 
cated by  himself  and  by  his  Chancellor  or  Secretary,  shall  have  all 
the  force  of  a notarial  copy  authenticated,  so  as  to  render  it  obliga- 
tory on  the  intei'ested  j^ai’ties. 

8.  They  may  cause  jjroper  order  to  be  maintained  on  board  of 
vessels  of  their  nation,  and  may  decide  on  the  disputes  arising  be- 
tween the  ca^ffains,  the  officers  and  the  members  of  the  crew,  unless 
the  disorders  taking  jjlace  on  board  should  disturb  the  public  tran- 
(juillity,  or  j^ersons  not  belonging  to  the  crew  or  to  the  nation  in 
whose  service  the  Consul  is  employed;  in  which  case  the  local  au- 
thorities may  interfere. 

9.  They  may  direct  all  the  operations  for  saving  vessels  of  their 
nation  which  may  be  wrecked  on  the  coasts  of  the  district  where  the 
Consul  resides.  In  such  cases  the  local  authorities  shall  interfere 
oidy  in  order  to  maintain  tranquillity,  to  give  security  to  the  interests 
of  the  parties  concerned,  and  to  cause  the  disjDOsitions  which  should 
be  observed  for  the  entry  and  export  of  the  pro^Derty  to  be  fulfilled. 
In  the  absence  of  the  Consul,  and  until  his  arrival,  the  said  authori- 
ties shall  take  all  the  measures  necessary  for  the  2:)reservation  of  the 
effects  of  the  wrecked  vessel. 

10.  They  may  take  joossession,  make  inventories,  appoint  a^D- 
praisers  to  estimate  the  value  of  articles,-  and  i^roceed  to  the  sale  of 
the  movable  property  of  individuals  of  their  nation  wdio  may  die 
in  the  country  where  the  Consul  resides  without  leaving  executors 
aj^i^ointed  by  their  Avill  or  heirs-at-law.  In  all  such  jDi'oceedings.  the 
Consul  shall  act  in  conjunction  with  two  merchants,  chosen  by  him- 
self, for  drawing  up  the  said  papers  or  delivering  the  propert}"  or  the 
jiroduce  of  its  sales,  observing  the  laws  of  his  country  and  the  orders 
which  he  may  receive  from  liis  own  Government ; but  Consuls  shall 


COLOMBIA 1850. 


317 


not  discharge  these  functions  in  those  States  whose  peculiar  legisla- 
tion may  not  allow  it.  Whensoever  there  is  no  Consul  in  the  place 
where  the  death  occurs,  the  local  authority  shall  take  all  the  pre- 
cautions in  their  power  to  secure  the  property  of  the  deceased. 

11.  They  may  demand  from  the  local  authorities  the  arrest  of  sea- 
men deserting  from  the  vessels  of  the  nation  in  whose  service  the 
Consul  is  employed,  exhibiting,  if  necessary,  the  register  of  the  ves- 
sel, her  muster-roll,  and  any  other  official  document  in  support  of 
this  demand.  The  said  authorities  shall  take  such  measures  as  may 
be  in  their  power  for  the  discovery  and  arrest  of  such  deserters,  and 
shall  place  them  at  the  disposition  of  the  Consul ; but  if  the  vessel  to 
which  they  belong  shall  have  sailed,  and  no  opportunity  for  sending 
them  away  should  occur,  they  shall  be  kept  in  arrest,  at  the  expense 
of  the  Consul,  for  two  months;  and  if,  at  the  expiration  of  that 
time,  they  should  not  have  been  sent  away,  they  shall  be  set  at  liberty 
by  the  respective  authorities,  and  cannot  again  be  arrested  for  the 
same  cause. 

12.  They  may  give  such  documents  as  may  be  necessary  for  the 
intercourse  between  the  two  countries,  and  countersign  those  which 
may  have  been  given  by  the  authorities.  They  maj^  also  give  bills 
of  health,  if  necessaiy,  to  vessels  sailing  from  the  port  where  the 
Consul  resides  to  the  ports  of  the  nation  to  which  he  belongs;  they 
may  also  certify  invoices,  muster-rolls,  and  other  papers  necessary 
for  the  commerce  and  navigation  of  vessels. 

13.  They  may  appoint  a Chancellor  or  Secretary  whensoever  the 
consulate  has  none  and  one  is  required  for  authenticating  documents. 

14.  They  may  appoint  commercial  agents  to  employ  all  the  means 
in  their  power,  in  behalf  of  individuals  of  the  nation  in  whose  service 
the  Consul  is,  and  for  executing  the  commissions  which  the  Consul 
may  think  proper  to  intrust  to  them,  out  of  the  place  of  his  residence ; 
provided,  however,  that  such  agents  are  not  to  enjoy  the  preroga- 
tives conceded  to  Consuls,  but  only  those  which  are  peculiar  to  com- 
mercial agents. 

Article  IV. 

The  Consuls  of  one  of  the  contracting  Republics  residing  in  another 
country  may  employ  their  good  offices  in  favor  of  individuals  of  the 
other  Republic  which  has  no  Consul  in  that  country. 

Article  V. 

The  contracting  Republics  recognize  no  diplomatic  character  in 
Consuls,  for  which  reason  they  will  not  enjoy  in  either  country  the 
immunities  granted  to  public  agents  accredited  in  that  character; 
but,  in  order  that  the  said  Consuls  may  exercise  their  proper  func- 
tions without  difficulty  or  delay,  they  shall  enjoy  the  following 
prerogatives : 

1.  The  archives  and  papers  of  the  consulate  shall  be  inviolable,  and 
cannot  be  seized  by  any  functionary  of  the  country  in  which  they 
may  be. 

2.  Consuls,  in  all  that  exclusively  concerns  the  exercise  of  their 
functions,  shall  be  independent  of  the  State  in  whose  territory  they 
reside. 


318 


TRKATIES,  CONVEK'JIOKS,  ETC. 


3.  The  Consuls  and  their  chancellors  or  secretaries  shall  be  exempt 
from  all  public  service,  and  from  contributions,  personal  and  extra- 
ordinary, imposed  in  the  country  where  they  reside.  This  exemption 
does  not  comprehend  the  Consuls  or  their  chancellors  or  secretaries 
who  may  be  natives  of  the  country  in  which  they  reside. 

4.  Whenever  the  presence  of  Consuls  may  be  required  in  courts 
or  offices  of  justice,  they  shall  be  summoned  in  writing. 

5.  In  order  that  the  dwellings  of  Consuls  may  be  easily  and  gener- 
ally known,  for  the  convenience  of  those  who  may  have  to  resort  to 
them,  they  shall  be  allowed  to  hoist  on  them  the  flag,  and  to  place 
over  their  doors  the  coat-of-arms  of  the  nation  in  whose  service  the 
Consul  may  be,  with  an  inscription  expressing  the  functions  dis- 
charged by  him;  but  those  insignia  shall  not  be  considered  as  import- 
ing a right  of  asylum,  nor  as  placing  the  house  or  its  inhabitants 
beyond  the  authority  of  the  magistrates  who  may  think  proper  to 
search  them,  and  who  shall  have  that  right  in  I’egard  to  them  in  the 
same  manner  as  with  regard  to  the  houses  of  the  other  inhabitants, 
in  the  cases  prescribed  by  the  laws. 

Article  VI. 

The  persons  and  dwellings  of  Consuls  shall  be  subject  to  the  laws 
and  authorities  of  the  country  in  all  cases  in  which  they  have  not 
received  a special  exemption  by  this  convention,  and  in  the  same 
manner  as  the  other  inhabitants. 

Article  VII. 

Consuls  shall  not  give  passports  to  any  individual  of  their  nation 
or  going  to  their  nation  who  may  be  held  to  answer  before  any 
authority,  court  or  judge  of  the  country  for  delinquencies  committed 
by  them,  or  for  a demand  which  may  have  been  legally  acknowl- 
edged ; provided  that  in  each  case  proper  notice  thereof  shall  have 
been  given  to  the  Consul ; and  they  shall  see  that  the  A^essels  of  their 
nation  do  not  infringe  the  rules  of  neutrality  when  the  nation  in 
which  the  Consul  resides  is  at  war  Avith  another  nation. 

Article  VIII. 

The  present  convention  shall  be  ratified  by  the  Governments  of 
the  two  contracting  Republics,  and  the  ratifications  shall  be  ex- 
changed at  Bogota  within  the  term  of  eighteen  months,  counted  from 
this  date,  or  sooner  if  possible. 

Article  IX. 

The  present  convention  shall  be  binding  upon  the  contracting 
parties  so  long  as  the  treaty  of  peace,  friendship,  navigation  and 
commerce  between  the  United  States  and  New  Granada,  the  rati- 
fications of  which  were  exchanged  at  Washington,  on  the  tenth  of 
June,  one  thousand  eight  hundred  and  forty-eight,  shall  remain  in 
force. 

In  faith  Avhereof  we,  the  Plenipotentiaries  of  the  United  States 
and  of  New  Granada,  have  signed  the  present,  and  haA’e  affixed  to 


COLOMBIA — 1850-1857. 


319 


it  our  respective  seals  at  Washington,  the  fourth  day  of  May,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty, 

[seal.]  John  M.  Clayton, 

[seal.]  Eafael  Rivas. 


1857. 

Claims  Convention, 

Concluded  September  10,  1857;  ratification  advised  by  the  Senate 
with  amendments  March  8,  1869;  ratifed  by  the  President  March 
12, 1859;  time  for  ratif  cations  extended  by  the  Senate  May  8, 1860; 
ratif cations  exchanged  November  5,  1860;  proclaimed  November 
8, 1860. 

Articles. 


I.  Claims  to  be  considered,  etc. 

II.  Duties  of  Commissioners. 

III.  Award. 

IV.  Duration  of  Commission. 


Y.  Decisions. 
VI.  Expenses. 
VII.  Ratification. 


The  United  States  of  America  and  the  Republic  of  New  Granada, 
desiring  to  adjust  the  claims  of  citizens  of  said  States  against  New 
Granada,  and  to  cement  the  good  understanding  which  happily  sub- 
sists between  the  two  Republics,  have,  for  that  purpose,  appointed 
and  conferred  full  powers,  respectively,  to  wit : 

The  President  of  the  United  States  upon  Lewis  Cass,  Secretary  of 
State  of  the  United  States,  and  the  President  of  New  Granada  upon 
General  Pedro  A.  Herran,  Envoy  Extraordinary  and  Minister  Pleni- 
potentiary of  that  Republic  in  the  United  States ; 

Who,  after  exchanging  their  full  powers,  which  were  found  in 
good  and  proper  form,  have  agreed  to  the  following  articles : 

Article  I. 

All  claims  on  the  part  of  corporations,  companies  or  individuals, 
citizens  of  the  United  States,  upon  the  Government  of  New  Granada, 
which  shall  have  been  presented  prior  to  the  first  day  of  September, 
1859,  either  to  the  Department  of  State  at  Washington,  or  to  the 
minister  of  the  United  States  at  Bogota,  and  especially  those  for  dam- 
ages which  were  caused  by  the  riot  at  Panama  on  the  fifteenth  of 
April,  1856,  for  which  the  said  Government  of  New  Granada  ac- 
knowledges its  liability,  arising  out  of  its  privilege  and  obligation  to 
preserve  peace  and  good  order  along  the  transit  route,  shall  be  re- 
ferred to  a Board  of  Commissioners,  consisting  of  two  members,  one 
of  whom  shall  be  appointed  by  the  Government  of  the  United  States 
and  one  by  the  Government  of  New  Granada.  In  case  of  the  death, 
absence  or  incapacity  of  either  Commissioner,  or  in  the  event  of  either 
Commissioner  omitting  or  ceasing  to  act,  the  Government  of  the 
United  States,  or  that  of  New  Granada,  respectively,  or  the  Minister 
of  the  latter  in  the  United  States,  acting  by  its  direction,  shall  forth- 
with proceed  to  fill  the  vacancy  thus  occasioned. 

The  Commissioners  so  named  .shall  meet  in  the  city  of  Washington 
within  ninety  days  from  the  exchange  of  the  ratifications  of  this  con- 
vention, and,  before  proceeding  to  business,  shall  make  and  subscribe 


320 


TREATIES,  CONVENTIONS,  ETC. 


a solemn  oath  that  they  will  carefully  examine  and  impartially  de- 
cide, according  to  justice  and  equity,  upon  all  the  claims  laid  before 
them,  under  the  provisions  of  this  convention,  by  the  Government  of 
the  United  States.  And  such  oath  shall  be  entered  on  the  record  of 
their  proceedings. 

The  Commissioners  shall  then  proceed  to  name  an  Arbitrator  or 
Umpire,  to  decide  upon  any  case  or  cases  on  which  they  may  differ  in 
opinion.  And  if  they  cannot  agree  in  the  selection,  the  Umpire  shall 
be  appointed  by  the  Minister  of  Prussia  to  the  United  States,  whom 
the  two  high  contracting  parties  shall  invite  to  make  such  apjioint- 
ment,  and  Avhose  selection  shall  be  conclusive  on  both  parties. 

Article  II. 

The  Arbitrator  being  aiipointed,  the  Commissioners  shall  proceed 
to  examine  and  determine  the  claims  which  may  be  presented  to  them, 
under  the  provisions  of  this  convention,  by  the  Government  of  the 
United  States,  together  with  the  evidence  submitted  in  support  of 
them,  and  shall  hear,  if  required,  one  person  in  behalf  of  each  Gov- 
ernment on  every  separate  claim.  Each  Government  shall  furnish, 
upon  request  of  either  of  the  commissioners,  such  papers  in  its  pos- 
session as  the  Commissioners  may  deem  important  to  the  just  deter- 
mination -of  any  claims  jiresented  to  them.  In  cases  where  they  agree 
to  award  an  indemnity,  they  shall  determine  the  amount  to  be  paid, 
having  due  regard,  in  claims  which  have  grown  out  of  the  riot  of 
Panama  of  April  15,  1856,  to  damages  suffered  through  death, 
wounds,  robberies  or  destruction  of  property.  In  cases  where  they 
cannot  agree,  the  subjects  of  difference  shall  be  referred  to  the  Um- 
pire, before  whom  each  of  the  Commissioners  may  be  heard,  and 
whose  decision  shall  be  final. 

Article  III. 

The  Commissioners  shall  issue  certificates  of  the  sums  to  be  paid  by 
virtue  of  their  awards  to  the  claimants,  and  the  aggregate  amount  of 
said  sums  shall  be  paid  to  the  Government  of  the  United  States,  at 
Washington,  in  equal  semi-annual  payments,  the  first  payment  to  be 
made  six  months  from  the  termination  of  the  Commission,  and  the 
whole  payment  to  be  completed  within  eight  j’^ears  from  the  same 
date;  and  each  of  said  sums  shall  bear  interest  (also  payable  semi- 
annually) at  the  rate  of  six  per  cent,  per  annum  from  the  day  on 
which  the  awards,  respectively,  shall  have  been  decreed.  To  meet 
these  payments,  the  Government  of  New  Granada  hereby  specially 
appropriates  one-half  of  the  compensation  Avhich  may  accrue  to  it 
from  the  Panama  Railroad  Company,  in  lieu  of  postages,  by  virtue 
of  the  thirtieth  article  of  the  contract  between  the  Reiiublic  of  New 
Granada  and  said  Company,  made  April  15,  1850,  and  approved 
June  4,  1850,  and  also  one-half  of  the  dividends  which  it  may  receive 
from  the  net  profits  of  said  road,  as  provided  in  the  fifty-fifth  article 
of  the  same  contract;  but  if  these  funds  should  prove  insufficient  to 
make  the  payments  as  above  stipulated.  New  Granada  will  provide 
other  means  for  that  purpose, 


COLOMBIA — 1857-1864. 


321 


Article  IV. 

The  Commission  herein  provided  shall  terminate  its  labors  in  nine 
months  from  and  including  the  day  of  its  organization;  shall  keep 
an  accurate  record  of  its  proceedings,  and  may  appoint  a secretary  to 
assist  in  the  transaction  of  its  business. 

Article  V, 

The  proceedings  of  this  Commission  shall  be  final  and  conclusive 
with  respect  to  all  the  claims  before  it,  and  its  awards  shall  be  a full 
discharge  to  New  Granada  of  all  claims  of  citizens  of  the  United 
States  against  that  Republic  which  may  have  accrued  prior  to  the 
signature  of  this  convention. 

Article  VI. 

Each  Government  shall  pay  its  own  Commissioner,  but  the  Umpire, 
as  well  as  the  incidental  expenses  of  the  Commission,  shall  be  paid, 
one-half  by  the  United  States,  and  the  other  half  by  New  Granada. 

Article  VII. 

The  present  Convention  shall  be  ratified,  and  the  ratifications  ex- 
changed in  Washington. 

In  faith  whereof,  we,  the  respective  Plenipotentiaries,  have  signed 
this  convention,  and  have  hereunto  affixed  our  seals. 

Done,  at  Washington,  this  tenth  day  of  September,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  fifty-seven. 

[seal.]  Lew.  Cass. 

[seal.]  P.  a.  Herran. 


The  commission  provided  for  in  the  foregoing  treaty  met  at  Wash- 
ington June  10,  1861,  and  adjourned  March  9,  1862.  Amount  of 
awards,  $496,235.47.  Not  having  completed  all  the  cases  presented  to 
them,  the  treaty  of  1864,  following,  was  concluded,  extending  the 
commission. 


1864. 

Claims  Convention. 

Concluded  February  10,  ISBJf.;  ratification  advised  hy  the  Senate  June 
10, 186 If.;  ratified  hy  the  President  July  9,  186 time  for  exchange 
of  ratifications  extended  hy  the  Senate  June  26,  186 Ii.,'  ratifications 
exchanged  August  19,  1865;  proclaimed  August  19,  1866. 

Articles. 

I.  Extension.  | II,  Ratification. 

Whereas  a Convention  for  the  adjustment  of  claims  was  concluded 
between  the  United  States  of  America  and  the  Republic  of  New  Gra- 
24449— VOL  1—10 21 


322 


TREATIES,  CONVENTIONS,  ETC. 


iiada,  in  the  city  of  Washington,  on  the  tenth  of  September,  1857, 
which  convention,  as  afterward  amended  by  the  contracting  parties, 
was  proclaimed  by  the  President  of  the  United  States  on  the  8th 
November,  1860; 

And  whereas  the  Joint  Commission  organized  under  the  authority 
conferred  by  the  preceding  mentioned  convention  did  fail,  by  reason 
of  uncontrollable  circumstances,  to  decide  all  the  claims  laid  before 
them  under  its  provisions,  within  the  time  to  which  their  proceedings 
were  limited  by  the  4th  article  thereof; 

The  United  States  of  America  and  the  United  States  of  Colombia, 
the  latter  representing  the  late  Republic  of  New  Granada,  are  desirous 
that  the  time  originally  fixed  for  the  duration  of  the  commission 
should  be  so  extended  as  to  admit  the  examination  and  adjustment  of 
such  claims  as  were  presented  to  but  not  settled  by  the  joint  commis- 
sion aforesaid,  and  to  this  end  have  named  Plenipotentiaries  to  agree 
upon  the  best  mode  of  accomplishing  this  object,  that  is  to  say:  The 
President  of  the  United  States  of  America,  William  H.  Seward,  Sec- 
retary of  State  of  the  United  States  of  America,  and  the  President 
of  the  United  States  of  Colombia,  Senor  Manuel  Murillo,  Envoy 
Extraordinary  and  Minister  Plenipotentiary  of  the  United  States 
of  Colombia; 

Who,  having  exchanged  their  full  powers,  have  agreed  as  follows: 

Article  I. 

The  high  contracting  parties  agree  that  the  time  limited  in  the  con- 
vention above  referred  to  for  the  termination  of  the  commission, 
shall  be  extended  for  a period  not  exceeding  nine  months  from  the 
exchange  of  ratifications  of  this  convention,  it  being  agreed  that 
nothing  in  this  article  contained  shall  in  any  other  wise  alter  the  pro- 
visions of  the  convention  above  referred  to ; and  that  the  contracting 
parties  shall  appoint  commissioners  anew,  and  an  umpire  shall  be 
chosen  anew,  in  the  manner  and  with  the  duties  and  powers  respec- 
tively expressed  in  the  said  former  convention. 

Article  TI. 

The  present  convention  shall  be  ratified,  and  the  ratifications  shall 
be  exchanged  at  Washington  as  soon  as  possible. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
same,  end  have  hereunto  affixed  their  seals. 

Done  at  Washington  this  tenth  day  of  February,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-four. 

[seal.]  Wm.  H.  Seward. 

[seal.]  M.  Murillo. 


Under  the  foregoing  convention  a new  commission  was  organized, 
which  met  at  Washington,  August  4,  1865,  and  adjourned  May  19, 
1866.  The  awards  amounted  to  $88,267.68. 


COLOMBIA — 1888. 


323 


1888. 


Extradition  Convention. 


Concluded  May  7,  1888;  ratification  advised  hy  the  Senate  with 
amendments  March  26,  1889;  ratification  with  amendments  pro- 
posed hy  Colombia  advised  hy  the  Senate  February  27,  1890;  rati- 
fied hy  the  President  March  12,  1890;  ratifications  exchanged 
Novemher  12, 1890;  proclaimed  Fehruary  6, 1891. 


Articles. 


I.  Reciprocal  delivery  of  accused. 

II.  Extraditable  crimes. 

III.  Proceedings. 

IV.  Persons  under  arrest. 

V.  Political  offenses. 

VI.  Requisitions  and  surrender. 

VII.  Temporary  detention. 


Vm.  Evidence  required. 

IX.  Delivery  of  foreigners. 

X.  Persons  not  to  be  delivered. 

XI.  Persons  under  obligations. 

XII.  Expenses. 

XIII.  Duration ; ratification. 


The  President  of  the  United  States  of  America,  and  the  President 
of  the  Republic  of  Colombia,  with  the  view  of  facilitating  the  admin- 
istration of  justice  and  to  insure  the  suppression  of  crimes,  which 
may  be  committed  within  the  territories  and  jurisdictions  of  the  two 
countries  and  the  perpetrators  of  which  may  attempt  to  escape  pun- 
ishment by  leaving  one  country,  and  taking  refuge  in  the  other,  have 
agreed  to  conclude  a Convention  establishing  rules  for  the  reciprocal 
extradition  of  persons  accused  or  convicted  of  the  crimes  hereinafter 
enumerated. 

And  they  have  for  that  purpose  authorized  and  empowered  their 
respective  Plenipotentiaries,  to  wit : — The  President  of  the  United 
States  of  America — John  G.  Walker.  Charge  d’Affaires  ad  interim, 
and  the  President  of  the  Republic  of  Colombia — Vicente  Restrepo, 
Minister  of  Foreign  Affairs,  who  after  communicating  to  each  other 
their  respective  full  powers,  which  are  found  to  be  in  due  form,  have 
agreed  upon  the  following  articles : 


Article  I. 

The  Government  of  the  United  States  of  America,  and  the  Govern- 
ment of  the  Republic  of  Colombia,  under  the  restrictions  and  limita- 
tions hereinafter  contained,  agree  to  deliver,  reciprocally,  all  persons 
accused,  or  convicted,  as  principals  or  accessories,  of  any  of  the  crimes 
mentioned  in  Article  II  of  this  Convention,  committed  within  ter- 
ritories or  jurisdiction  of  the  one  and  who  are  found  within  the 
territories  or  jurisdiction  of  the  other  Government. 


Article  II. 


The  crimes  for  which  extradition  is  to  be  reciprocally  accorded,  are 
as  follows: 

1.  Murder  and  attempts  to  commit  murder,  by  assault,  poison  or 
otherwise.  • 

2.  Counterfeiting,  or  altering  money,  or  knowingly  uttering  or 
bringing  into  circulation  counterfeit  or  altered  money ; counterfeiting 


324 


TREATIES,  CONVENTIONS,  ETC. 


or  altering  certificates  or  coupons  of  public  indebtedness,  bank  notes 
or  other  instruments  of  public  credit;  or  knowingly  uttering  or 
circulating  the  same. 

3.  Forgery,  or  altering,  or  uttering  what  is  forged  or  altered. 

4.  Embezzlement,  being  the  criminal  misapplication  of  public  or 
private  funds,  documents  or  property;  or  the  funds,  documents  or 
property  of  municipal  or  other  corporations,  held  in  trust  by  a public 
officer,  or  as  a fiduciary  agent,  or  a confidential  employe. 

6.  Robbery. 

6.  Burglary,  defined  to  be  the  breaking  into  or  entering,  either  in 
day  or  night  time,  the  house,  office  or  other  building  of  a government, 
corporation  or  private  person,  with  the  intent  of  committing  a felony 
therein. 

7.  Perjury  or  the  subornation  of  iDerjury. 

8.  Rape. 

9.  Arson. 

10.  Piracy,  as  defined  by  the  Law  of  Nations. 

11.  Murder,  manslaughter,  or  assault  with  intent  to  kill,  on  the  high 
seas,  on  board  of  vessels  sailing  under  the  flag  of  the  demanding 
party. 

12.  Malicious  destruction,  or  attempted  destruction,  of  railways, 
bridges,  tramways,  vessels,  dwellings,  public  edifices,  or  other  build- 
ings, when  the  act  endangers  human  life. 

Article  III. 

When  the  extradition  of  a criminal,  charged  or  convicted  of  any  of 
the  foregoing  offenses,  is  demanded,  it  must  be  supported  by  the  pro- 
duction of  a duly  authenticated  warrant  of  arrest,  made  in  accordance 
with  the  laws  of  the  country  making  the  demand,  and  the  depositions 
upon  which  it  is  based.  If  the  person  whose  extradition  is  demanded 
has  already  been  convicted,  the  demand  must  be  accompanied  by  a 
duly  authenticated  copy  of  the  sentence  of  the  court  in  which  he  w^as 
convicted,  and  with  the  attestation  of  the  proper  executive  authority ; 
the  latter  of  which  must  be  certified  by  the  Minister  or  Consul  of  the 
Government  upon  which  the  demand  is  made. 

Article  IV. 

If  the  person  demanded  be  held  for  trial  in  the  country  on  which 
the  demand  is, made,  it  shall  be  optional  wdth  the  latter  to  grant  extra- 
dition, or  to  proceed  with  the  trial : Provided,  that  unless  the  trial 
shall  be  for  the  crime  for  which  the  fugitive  is  claimed,  the  delay  shall 
not  prevent  ultimate  extradition. 

Article  Y 

If  it  be  made  to  appear  that  the  extradition  is  sought  with  the  view 
of  trying  or  punishing  the  person  demanded  for  an  offense  of  a polit- 
ical character,  surrender  shall  not  take  place;  nor  shall  any  person 
surrendered  be  tried  or  punished  for  a political  offense,  committed 
previously  to  extradition,  or  for  any  offense  other  than  that  for  which 
extradition  was  gi’anted. 


COLOMBIA — ISSS". 


325 


Article  VI 

The  requisition  for  extradition  shall  be  made  through  the  diplo- 
matic agents  of  the  contracting  parties,  or  in  the  event  of  the  absence 
of  these  from  the  country  or  from  the  seat  of  government,  by  superior 
consular  officers.  The  fugitive  shall  be  surrendered  only  on  such 
evidence  of  criminality  as  would  justify  his  arrest  and  trial  under 
the  laws  of  the  country  where  he  is  found,  had  the  crime  been  there 
conunitted. 

Article  VII 

On  being  informed  by  telegraph,  or  other  written  communication, 
through  the  diplomatic  channel,  that  a lawful  warrant  has  been  issued, 
by  a competent  authority,  upon  probable  cause,  for  the  arrest  of  a 
fugitive  criminal,  charged  with  any  of  the  crimes  enumerated  in 
Article  II  of  this  Convention,  and  on  being  assured,  through  the  same 
source,  that  a request  for  the  surrender  of  such  criminal  is  about  to  be 
made,  in  accordance  with  the  provisions  of  this  Convention,  each 
government  will  endeavor  to  procure,  so  far  as  it  lawfully  may,  the 
personal  arrest  of  such  criminal,  and  may  keep  him  in  safe  cutody,  for 
a reasonable  time,  not  exceeding  three  months,  to  wait  the  production 
of  the  documents,  upon  which  the  claim  for  extradition  is  founded. 

Article  VIII 

When  a person  is  extradited  under  the  formalities  prescribed  in  this 
Convention,  all  documents  and  other  objects,  which  may  tend  to  estab- 
lish his, guilt,  may  be  delivered  to  the  demanding  Government,  as  well 
as  all  money  or  effects  which  he  may  have  or  may  have  had  in  his  pos- 
session or  subject  to  his  control,  the  unlawful  possession  or  taking  of 
which  constitutes  the  offense,  in  ivhole  or  in  part,  for  which  his  extra- 
dition is  requested. 

Article  IX 

In  case  a person,  who  is  equally  a foreigner  in  the  United  States  of 
America  and  in  the  Republic  of  Colombia,  takes  refuge  in  either  coun- 
try, after  having  committed  any  of  the  foregoing  crimes,  within  one 
or  the  other  jurisdiction,  extradition  can  be  accorded  only  after  the 
Government,  or  its  Representative,  of  which  the  criminal  is  a citizen 
or  subject,  has  been  duly  informed,  and  afforded  an  opportunity  to 
file  objections  to  the  extradition. 

Article  X 

Neither  of  the  high  contracting  jiarties  shall  be  bound  to  deliver  up 
its  own  citizens,  under  the  stipulations  of  this  Convention. 

Article  XI 

The  fact  that  the  person  whose  extradition  is  demanded,  has  con- 
tracted obligations  of  which  extradition  would  hinder  the  perform- 
ance, shall  be  no  bar  to  his  extradition. 


326 


TREATIES,  CONVENTIOXS,  ETC. 


Article  XII 

The  expenses  of  the  arrest,  detention,  examination  and  transporta- 
tion of  the  accused  shall  be  paid  by  the  Government  requesting  the 
extradition. 

Article  XIII 

The  present  Convention  shall  commence  to  be  effective  sixty  days 
after  the  exchange  of  ratifications  thereof,  but  offenses  committed, 
anterior  to  that  time,  shall  furnish  no  grounds  for  a demand  for 
extradition.  For  the  termination  of  this  convention  twelve  months 
notice  must  be  given  by  either  of  the  high  contracting  parties. 

This  Convention  shall  be  ratified,  and  the  ratifications  exchanged  in 
the  City  of  Bogota,  as  soon  as  possible. 

In  faith  whereof,  we,  the  Plenipotentiaries  of  the  United  States  of 
America,  and  of  the  Republic  of  Colombia,  have  signed  and  sealed 
these  presents,  in  the  City  of  Bogota,  this  seventh  day  of  May  in  the 
year  of  Our  Lord  one  thousand  eight  hundred  and  eighty-eight. 

[seal.]  John  G.  Walker. 

[seal.]  Vicente  Restrepo 


CONGO. 

(KONGO.) 

1884. 

Declaration  as  to  the  Intention  of  the  International  Associ- 
ation OF  THE  Congo  and  the  Recognition  of  its  Flag  by  the 
United  States. 

Signed  April  22^  1881^;  advised  hy  the  Senate  April  10,  1887. 

declaration  by  the  international  association  of  the  CONGO. 

The  International  Association  of  the  Congo,  hereby  declares  that 
by  Treaties  with  the  legitimate  sovereigns  in  the  basins  of  the  Congo 
and  of  the  Niadi-Kiahm  and  in  adjacent  territories  upon  the  Atlantic, 
there  has  been  ceded  to  it,  territory  for  the  use  and  benefit  of  free 
States  established,  and  being  established,  under  the  care  and  super- 
vision of  the  said  Association  in  the  said  basins  and  adjacent  terri- 
tories, to  which  cession  the  said  free  States  of  right  succeed. 

That  the  said  International  Association  has  adopted  for  itself  and 
for  the  said  Free  States,  as  their  standard,  the  flag  of  the  Interna- 
tional African  Association,  being  a blue  flag  with  a golden  star  in 
the  center. 

That  the  said  Association  and  the  said  States  have  resolved  to  levy 
no  Custom-House  duties  upon  goods  or  articles  of  merchandise  im- 
ported into  their  territories  or  brought  by  the  route  which  has  been 
constructed  around  the  Congo  cataracts;  this  they  have  done  with  a 
view  of  enabling  commerce  to  penetrate  into  Equatorial  Africa. 

That  they  guarantee  to  foreigners  settling  in  their  territories  the 
right  to  purchase,  sell  or  lease,  lands  and  buildings  situated  therein, 
to  establish  commercial  houses  and  to  there  carry  on  trade  upon  the 
sole  condition  that  they  shall  obey  the  laws.  They  pledge  themselves, 
moreover,  never  to  grant  to  the  citizens  of  one  nation  any  advantages 
without  immediately  extending  the  same  to  the  citizens  of  all  other 
nations,  and  to  do  all  in  their  power  to  prevent  the  Slave-trade. 

In  testimony  whereof,  Henry  S.  Sanford,  duly  empowered  therefor, 
by  the  said  Association,  acting  for  itself  and  for  the  said  Free  States, 
has  hereunto  set  his  hand  and  affixed  his  seal,  this  twenty-second  day 
of  April,  1884,  in  the  city  of  Washington. 

[seal.]  H.  S.  Sanford. 


RECOGNITION  OF  THE  FLAG  BY  THE  UNITED  STATES. 

Frederick  T.  Frelinghuysen,  Secretary  of  State,  duly  empowered 
therefor  by  the  President  of  the  United  States  of  America,  and  pur- 
suant to  the  advice  and  consent  of  the  Senate,  heretofore  given, 
acknowledges  the  receipt  of  the  foregoing  notification  from  the  Inter- 

327 


328 


TREATIES,  CONVENTIONS,  ETC. 


national  Association  of  the  Congo,  and  declares  that,  in  harmony 
with  the  traditional  policy  of  the  United  States,  which  enjoins  a 
proper  regard  for  the  commei’cial  interests  of  their  citizens  while,  at 
the  same  time,  avoiding  interference  wdth  controversies  between  other 
powers  as  well  as  alliances  with  foreign  nations,  the  Government  of 
the  United  States  announces  its  sympathy  with,  and  approval  of, 
the  humane  and  benevolent  purposes  of  the  International  Association 
of  the  Congo,  administering,  as  it  does,  the  interests  of  the  Free 
States  there  established,  and  will  order  the  officers  of  the  United 
States,  both  on  land  and  sea,  to  recognize  the  flag  of  the  International 
African  Association,  as  the  flag  of  a friendly  Government. 

In  testimony  whereof,  he  has  hereunto  set  his  hand  and  affixed  his 
seal,  this  twenty-second  day  of  April,  A.  D.,  1884,  in  the  city  of  Wash- 
ington. 

[seal.]  ■ Fredk.  T.  Frelinghuysen. 


1891. 


Treaty  or  Amity,  Commerce,  and  Navigation. 


Concluded  January  1891 ; rati-fication  advised  hy  the  Senate  Janu- 
ary fi,  1892;  ratified  hy  the  President  January  19,  1892;  ratifica- 
tions exchanged  February  2,  1892;  'proclaimed  April  2,  1892. 

Article.s. 


I.  Freedom  of  commerce  .ind  navi- 
gation. 

II.  Property  righti?. 

III.  Exemptions  of  service. 

IV.  Religions  freedom. 

V.  Consular  officers. 

t'l.  Shipping  privileges. 

VII.  Transportation. 


vni.  Prohibitions. 

IX.  (Not  agreed  to.) 

X.  Import  duties. 

XI.  Most  favored  nation  privileges; 

XII.  Other  privileges. 

XIII.  Arbitration. 

XIV.  Conditions. 

XV.  Ratification. 


The  United  States  of  America,  and 

His  Majesty  Leopold  II,  King  of  the  Belgians,  Sovereign  of  the 
Independent  State  of  the  Congo, 

desiring  to  perpetuate,  confirm  and  encourage  the  relations  of  com- 
merce and  of  good  understanding  existing  already  between  the  two 
respective  countries  by  the  conclusion  of  a treaty  of  amity,  commerce, 
navigation  and  extradition,  have  for  this  purpose  named  as  their 
respective  plenipotentiaries,  viz: 

His  Excellency,  the  President  of  the  United  States  of  America, 
Edwin  H.  Terrell,  Envoy  Extraordinary  and  Minister  Plenipoten- 
tiary of  the  United  States  of  America  near  His  Majesty  the  King  of 
the  Belgians;  and 

His  Majesty,  Leopold  II  King  of  the  Belgians,  Sovereign  of  the 
Independent  State  of  the  Congo, 

Edm.  Van  Eetvelde,  Administrator  General  of  the  Department  of 
Foreign  Affairs,  Officer  of  His  order  of  Leopold, 

who,  after  having  communicated  to  each  other  their  full  powers, 
found  in  good  and  due  form,  have  agreed  upon  the  following  articles : 


CONGO 1891. 


329 


Article  I. 

There  shall  be  full,  entire  an^l  reciprocal  liberty  of  commerce, 
establishment  and  navigation  between  the  citizens  and  inhabitants  of 
the  two  High  contracting  Parties. 

The  citizens  and  inhabitants  of  the  United  States  of  America  in 
the  Independent  State  of  the  Congo  and  those  of  the  Independent 
State  of  the  Congo  in  the  United  States  of  America  shall  have 
reciprocally  the  right,  on  conforming  to  the  laws  of  the  country,  to 
enter,  travel  and  reside  in  all  parts  of  their  respective  territories;  to 
carry  on  business  there;  and  they  shall  enjoy  in  this  respect  for  the 
protection  of  their  persons  and  their  property  the  same  treatment 
and  the  same  rights  as  the  natives,  or  the  citizens  and  inhabitants  of 
the  most  favored  nation. 

They  can  freely  exercise  their  industry  or  their  business,  as  well 
wholesale  as  retail,  in  the  whole  extent  of  the  territories,  without 
being  subjected,  as  to  their  persons  or  their  property,  or  by  reason  of 
their  business,  to  any  taxes,  general  or  local,  imposts  or  conditions 
whatsoever  other  or  more  onerous  than  those  which  are  imposed  or 
may  be  imposed  upon  the  natives  other  than  non-civilized  aborigines, 
or  upon  the  citizens  and  inhabitants  of  the  most  favored  nation. 

In  like  manner  they  will  enjoy  reciprocally  the  treatment  of  the 
most  favored  nation  in  all  that  relates  to  rights,  privileges,  exemp- 
tions and  immunities  whatsoever  concerning  their  persons  or  their 
property,  and  in  the  matter  of  commerce,  industry  and  navigation. 

Article  II. 

In  all  that  concerns  the  acquisition,  succession,  possession  and 
alienation  of  property,  real  and  jiersonal,  the  citizens  and  inhabitants 
of  each  of  the  High  contracting  Parties  shall  enjoy  in  the  territories 
of  the  other  all  the  rights  which  the  respective  laws  accord  or  shall 
accord  in  those  territories  to  the  citizens  and  inhabitants  of  the  most 
favored  nation. 

Article  III. 

The  citizens  and  inhabitants  of  each  of  the  High  contracting 
Parties  shall  be  exempt,  in  the  territories  of  the  other,  from  all 
personal  service  in  the  army,  navy  or  militia  and  from  all  pecuniary 
contributions  in  lieu  of  such,  as  well  as  from  all  obligatory  official 
functions  whatever,  except  the  obligation  of  sitting,  within  a radius 
of  one  hundred  kilometers  from  the  place  of  their  residence,  as  a 
juror  in  judicial  proceedings;  furthermore,  their  poperty  shall  not 
be  taken  for  the  public  service  without  an  ample  and  sufficient 
compensation. 

They  shall  have  free  access  to  the  courts  of  the  other,  on  conform- 
ing to  the  laws  regulating  the  matter,  as  well  for  the  prosecution  as 
for  the  defense  of  their  rights,  in  all  the  degrees  of  jurisdiction  estab- 
lished by  law.  They  can  be  represented  by  lawyers,  and  they  shall 
enjoy,  in  this  respect,  and  in  what  concerns  domiciliary  visits  to  their 
houses,  manufactories,  stores,  warehouses,  etc.,  the  same  rights  and 
the  same  advantages  which  are  or  shall  be  granted  to  the  citizens  and 
inhabitants  of  the  most  favored  nation,  or  to  natives. 


330  TREATIES,  CONVENTIONS,  ETC. 

Article  IV. 

The  citizens  and  inhabitants  of  tl*  two  countries  shall  enjoy,  in  the 
territory  of  the  other,  a full  and  entire  liberty  of  conscience.  They 
shall  be  protected  in  the  free  exercise  of  their  worship ; they  shall  have 
the  right  to  erect  religious  edifices  and  to  organize  and  maintain 
missions. 

Article  V. 

It  will  be  lawful  for  the  two  High  contracting  Parties  to  appoint 
and  establish  consuls,  vice-consuls,  deputy-consuls,  consular  agents 
and  commercial  agents  in  the  territories  of  the  other;  but  none  of 
these  agents  can  exercise  his  functions  before  having  received  the 
necessary  exequatur  from  the  Government  to  which  he  is  delegated. 

The  said  agents  of  each  of  the  two  High  contracting  Parties  shall 
enj-oy,  in  the  territories  of  the  other,  upon  the  footing  of  a complete 
reciprocity,  all  the  privileges,  immunities  and  rights  which  are  actu- 
ally granted  to  those  of  the  most  favored  nation  or  which  may  be 
accorded  to  them  hereafter. 

The  said  agents,  citizens,  or  inhabitants  of  the  State  by  which  they 
are  ajipointed,  shall  not  be  subject  to  preliminary  arrest,  except  in 
the  case  of  acts  qualified  as  crimes  by  the  local  legislation  and  pun- 
ished as  such.  They  shall  be  exempt  from  military  billeting  and  from 
service  in  the  army,  navy  or  militia,  as  well  as  from  all  direct  taxes, 
unless  these  should  be  due  on  account  of  real  estate,  or  unless  the 
said  agents  should  exercise  a profession  or  business  of  any  kind. 

The  said  agents  can  raise  their  national  flag  over  their  oifices. 

The  consular  offices  shall  be  at  all  times  inviolable.  The  local 
authorities  can  not  invade  them  under  any  pretext.  They  can  not  in 
any  case  examine  or  seize  the  papers  which  shall  be  there  deposited. 
The  consular  office  can  not,  on  the  other  hand,  serve  as  place  of 
asylum,  and  if  an  agent  of  the  consular  service  is  engaged  in  business, 
commercial  or  other,  the  papers  relating  to  the  consulate  shall  be  kept 
separate. 

The  said  agents  shall  have  the  right  to  exercise  all  the  functions 
generally  appertaining  to  consuls,  especially  in  what  concerns  the 
legalization  of  private  and  public  documents,  of  invoices  and  com- 
mercial contracts,  the  taking  of  depositions  and  the  right  of  au- 
thenticating legal  acts  and  documents. 

The  said  agents  shall  have  the  right  to  address  the  administrative 
and  judicial  authorities  of  the  country  in  which  they  exercise  their 
functions  in  order  to  complain  of  any  infraction  of  the  treaties  or 
conventions  existing  between  the  two  Governments,  and  for  the  pur- 
pose of  protecting  the  rights  and  interests  of  the  citizens  and  in- 
habitants of  their  country.  They  shall  have  also  the  right  to  settle  all 
differences  arising  between  the  captains  or  the  officers  and  the  sailors 
of  the  sea-vessels  of  their  nation.  The  local  authorities  shall  abstain 
from  interfering  in  these  cases  unless  the  maintenance  of  the  public 
tranquility  requires  it,  or,  unless  their  assistance  should  be  asked  by 
the  consular  authority  in  order  to  assure  the  execution  of  its  decisions. 

The  local  authorities  will  give  to  the  said  agents  and,  on  their 
default  to  the  captains  or  their  casual  representatives,  all  aid  for  the 
search  and  arrest  of  sailor-deserters,  who  shall  be  kept  and  guarded 


331 


foreign  missions  library, 

156  Fifth 

in  the  prisons  of  the  State  upon  the  requisition  and  at  the  expense  of 
the  consuls  or  of  the  captains  during  a maximum  delay  of  two  months. 

Article  VI. 

The  citizens  and  inhabitants  of  each  of  the  High  contracting  Parties 
shall  have  reciprocally,  according  to  the  same  rights  and  conditions 
and  with  the  same  j^rivileges  as  those  of  the  most  favored  nation,  the 
right  to  enter  with  their  vessels  and  cargoes  into  all  the  ports  and  to 
navigate  upon  all  the  rivers  and  interior  waters  of  the  other  State. 

The  vessels  of  each  of  the  contracting  Parties  and  of  its  citizens  or 
inhabitants  can  freely  navigate  upon  the  waters  of  the  territory  of 
the  other,  without  being  subject  to  any  other  tolls,  charges  or  obliga- 
tions than  those  which  the  vessels  belonging  to  the  citizens  or  inhab- 
itants of  the  most  favored  nation  would  have  to  bear. 

There  will  not  be  imposed  by  either  of  the  contracting  Parties  upon 
the  vessels  belonging  to  the  other  or  to  the  citizens  or  inhabitants  of 
the  other,  in  the  matter  of  tonnage,  port  charges,  pilotage,  lighthouse 
and  quarantine  dues,  salvage  of  vessels  and  other  administrative 
expenses  whatsoever  concerning  navigation,  any  taxes  or  charges 
whatever,  other  or  higher  than  those  which  are  or  shall  be  imposed 
upon  the  public  or  private  vessels  of  the  most  favored  nation. 

It  is  agreed  that  every  v^essel  belonging  to  one  of  the  High  con- 
tracting Parties  or  to  a citizen  or  inhabitant  of  one  of  them,  having 
the  right  to  bear  the  flag  of  that  country  and  having  the  right  to  its 
protection,  both  according  to  the  laws  of  that  country,  shall  be  con- 
sidered as  a vessel  of  that  nationality. 

Article  VII. 

In  what  concerns  the  freight  and  facilities  of  transportation,  and 
tolls,  the  merchandise  belonging  to  the  citizens  or  inhabitants  of  one 
of  the  contracting  States  transported  over  the  roads,  railroads  and 
waterways  of  the  other  State,  shall  be  treated  on  the  same  footing  as 
the  merchandise  belonging  to  the  citizens  or  inhabitants  of  the  most 
favored  nation. 

Article  VIII. 

In  the  territories  of  neither  of  the  High  contracting  Parties,  shall 
there  be  e.stablished  or  enforced  a prohibition  against  the  importa-  * 
tion,  exportation  or  transit  of  any  article  of  legal  commerce,  pro- 
duced or  manufactured  in  the  territories  of  the  other,  unless  this 
prohibition  shall  equally  and  at  once  be  extended  to  all  other  nations. 

Article  IX. 

[Stricken  out  by  the  Senate.  (Extradition  provisions.)] 

Article  X. 

The  Republic  of  the  United  States  of  America,  recognizing  that  it 
is  just  and  necessary  to  facilitate  to  the  Independent  State  of  the 
Congo  the  accomplishment  of  the  obligations  which  it  has  contracted 


332 


TREATIES,  CONVENTIONS,  ETC. 


by  virtue  of  the  General  Act  of  Brussels  of  July  2"*^,  1890,  admits,  so 
far  as  it  is  concerned,  that  import  duties  may  be  collected  upon  mer- 
chandise imported  into  the  said  State. 

The  tariff  of  these  duties  can  not  go  beyond  10%  of  the  value  of 
the  merchandise  at  the  port  of  importation,  during  fifteen  years  to 
date  from  July  2"*^,  1890,  except  for  spirits,  which  are  regulated  by 
the  provisions  of  Chapter  VI  of  the  General  Act  of  Brussels. 

At  the  expiration  of  this  term  of  fifteen  years,  and  in  default  of  a 
new  accord,  the  United  States  of  America  will  be  replaced,  as  to  the 
Independent  State  of  the  Congo,  in  the  situation  which  existed  prior 
to  July  2“'^,  1890;  the  right  to  impose  import  duties  to  a maximum 
of  10%  upon  merchandise  imported  into  the  said  State  remaining 
acquired  to  it,  on  the  conditions  and  within  the  limitations  deter- 
mined in  articles  XI  and  XII  of  this  treaty. 

Article  XI. 

The  United-States  shall  enjoy  in  the  Independent  State  of  the 
Congo,  as  to  the  import  duties,  all  the  advantages  accorded  to  the 
most  favored  nation. 

It  has  been  agreed  besides : 

1.  That  no  differential  treatment  nor  transit  duty  can  be  estab- 
lished ; 

2.  That,  in  the  application  of  the  tariff  regime  which  will  be  intro- 
duced, the  Congo  State  will  apply  itself  to  simplify  as  far  as  possible, 
the  formalities  and  to  facilitate  the  operations  of  commerce. 

Article  XII. 

Considering  the  fact  that  in  Article  X of  the  present  treaty,  the 
United-States  of  America  have  given  their  assent  to  the  establish- 
ment of  import  duties  in  the  Independent  State  of  the  Congo  under 
certain  conditions,  it  is  well  understood  that  the  said  Independent 
State  of  the  Congo ’assures  to  the  flag,  to  the  vessels,  to  the  commerce 
and  to  citizens  and  inhabitants  of  the  United  States  of  America,  in 
all  parts  of  the  territories  of  that  State,  all  the  rights,  privileges 
and  immunities  concerning  import  and  export  duties,  tariff  regime^ 
interior  taxes  and  charges  and,  in  a general  manner,  all  commercial 
interests,  which  are  or  shall  be  accorded  to  the  signatory  Powers  of 
the  Act  of  Berlin,  or  to  the  most  favored  nation. 

Article  XIII. 

In  case  a difference  should  arise  between  the  two  High  contracting 
Parties  as  to  the  validity,  interpretation,  application  or  enforcement 
of  any  of  the  provisions,  contained  in  the  present  treaty,  and  it  could 
not  be  arranged  amicably  by  diplomatic  correspondence  between  the 
two  Governments,  these  last  agree  to  submit  it  to  the  judgment  of  an 
arbitration  tribunal,  the  decision  of  which  they  bind  themselves  to 
respect  and  execute  loyally. 

The  tribunal  will  be  composed  of  three  members.  Each  of  the 
two  High  contracting  Parties  will  designate  one  of  them,  selected 
outside  of  the  citizens  and  the  inhabitants  of  either  of  the  contracting 


CONGO 1891. 


333 


States  and  of  Belgium.  The  High  contracting  Parties  will  ask,  by 
common  accord,  a friendly  Government  to  appoint  the  third  arbi- 
trator, to  be  selected  equally  outside  of  the  two  contracting  States 
and  of  Belgium. 

If  an  arbitrator  should  be  unable  to  sit  by  reason  of  death,  resigna- 
tion or  for  any  other  cause,  he  shall  be  replaced  by  a new  arbitrator 
whose  appointment  shall  be  made  in  the  same  manner  as  that  of  the 
arbitrator  whose  place  he  takes. 

The  majority  of  arbitrators  can  act  in  case  of  the  intentional 
absence  or  formal  withdrawal  of  the  minority.  The  decision  of  the 
majority  of  the  arbitrators  will  be  conclusive  upon  all  questions  to 
be  determined. 

The  general  expenses  of  the  arbitration  procedure  will  be  borne,  in 
equal  parts,  by  the  two  High  contracting  Parties;  but  the  expenses 
made  % either  of  the  parties  for  preparing  and  setting  forth  its  case 
will  be  at  the  cost  of  that  party. 

Article  XIV. 

It  is  well  understood  that  if  the  declaration  on  the  subject  of  the 
import  duties,  signed  July  2”^,  1890,  by  the  signatory  Powers  of  the 
Act  of  Berlin,  should  not  enter  into  force,  in  that  case,  the  present 
treaty  would  be  absolutely  null  and  without  efl’ect. 

Article  XV. 

The  present  treaty  shall  be  subject  to  the  approval  and  the  ratifica- 
tion, on  the  one  hand,  of  the  President  of  the  United- States,  acting 
by  the  advice  and  with  the  consent  of  the  Senate,  and  on  the  other 
hand,  of  His  Majesty  the  King  of  the  Belgians,  Sovereign  of  the 
Independent  State  of  the  Congo. 

The  ratifications  of  the  present  treaty  shall  be  exchanged  at  the 
same  time  as  those  of  the  General  Act  of  Brussels  of  July  2°'^,  1890, 
and  it  will  enter  into  force  at  the  same  date  as  the  latter. 

In  faith  of  which  the  respective  Plenipotentiaries  of  the  High  con- 
tracting Parties  have  signed  the  present  treaty  in  duplicate,  in  Eng- 
lish and  French,  and  have  attached  thereto  their  seals. 

Done  at  Brussels  the  twenty-fourth  day  of  the  month  of  January 
of  the  year  Eighteen  hundred  and  ninety  one. 

Edwin  H.  Terrell, 
[seal.] 

Edm.  Van  Eetvelde. 
[seal.] 


COREA 

(KOREA.) 


1882.“ 

Treaty  of  Peace,  Amity,  Commerce  and  Navigation. 

C oncluded  May  2^2,  1882;  rati-fication  advised  hy  the  Senate  January 
9,  1883;  ratified  hy  the  President  Fehruary  13,  1883 ; ratifications 
exchanged  May  19,  1883;  proclaimed  June  1^,  1883. 


Articles. 


I.  Amity. 

II.  Diplomatic  and  consular  privi- 
leges. 

III.  Asylum ; shipwrecks. 

IV.  Protection  in  Korea ; exterritori- 

ality. 

V.  Shipping  dues;  imports. 

VI.  Residence  and  travel. 

VII.  Opium  traffic. 


I VIII.  Exportation  of  breadstuffs  and 
ginseng  prohibited. 

IX.  Arms  and  ammunition. 

X.  Employing  natives,  etc. 

XI.  Privileges  to  students. 

XII.  Duration. 

XIII.  Language  of  correspondence. 

XIV.  Most  favored  nation  privileges ; 

ratification. 


The  United  States  of  America  and  the  Kingdom  of  Chosen,  being 
sincerely  desirous  of  establishing  permanent  relations  of  amity  and 
friendship  between  their  respective  peoples,  have  to  this  end  ap- 
pointed— that  is  to  say,  the  President  of  the  United  States — R.  IP. 
Shufeldt,  Commodore.  TJ . S.  Navy,  as  his  Commissioner  Plenipoten- 
tiary, and  His  Majesty,  the  King  of  Chosen,  Shin-Chen,  President  of 
the  Roycd  Cabinet,  Chin-Hong-Chi,  Member  of  the  Royal  Cabinet. 
as  his  Commissioners  Plenipotentiary,  who,  having  reciprocally  ex- 
amined their  respective  full  Powers,  which  have  been  found  to  be  in 
due  form,  have  agreed  upon  the  several  following  articles : 


Article  I. 


There  shall  be  perpetual  peace  and  friendship  between  the  Presi- 
dent of  the  United  States  and  the  King  of  Chosen  and  the  citizens  and 
subjects  of  their  respective  Governments. 


“Article  II  of  the  agreement  between  Japan  and  Korea,  November  17,  190.5, 
provides ; “ The  Government  of  Japan  undertake  to  see  to  the  execution  of  the 
treaties  actually  existing  between  Korea  and  other  powers  and  the  Government 
of  Korea  engaged  not  to  conclude  hereafter  any  act  or  engagement  having  an 
international  character  except  through  the  medium  of  the  Government  of  Japan.” 
(For  correspondence  between  the  Governments  of  the  Ifiiited  States  and  Japan 
concerning  the  agreement  between  Japan  and  Korea,  see  Foreign  Relations, 
1905,  page  612.) 

334 


COBEA — 1882. 


335 


If  other  Powers  deal  unjustly  or  oppressively  with  either  Govern- 
ment, the  other  will  exert  their  good  offices,  on  being  informed  of  the 
case,  to  bring  about  an  amicable  arrangement,  thus  showing  their 
friendly  feelings. 

Article  II. 

After  the  conclusion  of  this  Treaty  of  amity  and  commerce,  the 
High  Contracting  Powers  may  each  appoint  Diplomatic  Kepresenta- 
tives  to  reside  at  the  Court  of  the  other,  and  may  each  appoint  Con- 
sular Representatives  at  the  ports  of  the  other,  which  are  open  to 
foreign  commerce,  at  their  own  convenience. 

These  officials  shall  have  relations  with  the  corresponding  local 
authorities  of  equal  rank  upon  a basis  of  mutual  equality. 

The  Diplomatic  and  Consular  Representatives  of  the  two  Govern- 
ments shall  receive  mutually  all  the  privileges,  rights  and  immunities 
without  discrimination,  which  are  accorded  to  the  same  class  of  Rep- 
resentatives from  the  most  favored  nation.  * 

Consuls  shall  exercise  their  functions  only  on  receipt  of  an  exequa- 
tur from  the  Government,  to  which  they  are  accredited.  Consular 
authorities  shall  be  hona  fide  officials.  No  merchants  shall  be  per- 
mitted to  exercise  the  duties  of  the  office,  nor  shall  Consular  officers 
be  allowed  to  engage  in  trade.  At  ports,  to  which  no  Consular  Rep- 
resentatives have  been  appointed,  the  Consuls  of  other  Powers  may 
be  invited  to  act,  provided,  that  no  merchant  shall  be  allowed  to 
assume  Consular  functions,  or  the  provisions  of  this  Treaty  may,  in 
such  case,  be  enforced  by  the  local  authorities. 

If  Consular  Representatives  of  the  United  States  in  Chosen  con- 
duct their  business  in  an  improper  manner,  their  exequaturs  may  be 
revoked,  subject  to  the  approval  previouslj’’  obtained,  of  the  Diplo- 
matic Representative  of  the  United  States. 

Article  III. 

Whenever  United  States  vessels,  either  because  of  stress  of  weather, 
or  by  want  of  fuel  or  provisions  cannot  reach  the  nearest  open  port 
in  Chosen,  they  may  enter  any  port  or  harbor,  either  to  take  refuge 
therein,  or  to  get  supplies  of  wood,  coal  and  other  necessaries,  or  to 
make  repairs,  the  expenses  incurred  thereby  being  defrayed  by  the 
ship’s  master.  In  such  event  the  officers  and  people  of  the  locality 
shall  display  their  sympathy  by  rendering  full  assistance,  and  their 
liberality  by  furnishing  the  necessities  required. 

If  a United  States  vessel  carries  on  a clandestine  trade  at  a port 
not  open  to  foreign  commerce,  such  vessel  with  her  cargo  shall  be 
seized  and  confiscated. 

If  a United  States  vessel  be  wrecked  on  the  coast  of  Chosen,  the 
local  authorities,  on  being  informed  of  the  occurrence,  shall  immedi- 
ately render  assistance  to  the  crew,  provide  for  their  present  necessi- 
ties, and  take  the  measures  necessary  for  the  salvage  of  the  ship  and 
the  preservation  of  her  cargo.  They  shall  also  bring  the  matter  to 
the  knowledge  of  the  nearest  Consular  Representative  of  the  United 
States,  in  order  that  steps  may  be  taken  to  send  the  crew  home  and 
to  save  the  ship  and  cargo.  The  necessary  expenses  shall  be  defrayed 
either  by  the  ship’s  masW  or  by  the  United  States. 


33G 


TliEATIES,  CONVENTIONS,  ETC. 


Article  IV. 

All  citizens  of  the  United  States  of  America  in  Chosen,  peaceably 
attending  to  their  own  affairs,  shall  receive  and  enjoy  for  themselves 
and  everything  appertaining  to  them  the  protection  of  the  local 
authorities  of  the  Government  of  Chosen,  who  shall  defend  them 
from  all  insult  and  injury  of  any  sort.  If  their  dwellings  or  property 
be  threatened  or  attacked  by  mobs,  incendiaries,  or  other  violent  or 
lawless  persons,  the  local  officers,  on  requisition  of  the  Consul,  shall 
immediately  dispatch  a military  force  to  disperse  the  rioters,  appre- 
hend the  guilty  individuals,  and  punish  them  with  the  utmost  rigor 
of  the  law. 

Subjects  of  Chosen,  guilty  of  any  criminal  act  towards  citizens  of 
the  United  States,  shall  be  punished  by  the  authorities  of  Chosen 
according  to  the  laws  of  Chosen ; and  citizens  of  the  United  States, 
either  on  shore  or  in  any  merchant-vessel,  who  may  insult,  trouble  or 
wound  the  persons  or  injure  the  j^roperty  of  the  people  of  Chosen, 
shall  be  arrested  and  punished  only  by  the  Consul  or  other  public 
functionary  of  the  United  States  thereto  authorized,  according  to  the 
laws  of  the  United  States. 

When  controversies  arise  in  the  Kingdom  of  Chosen  between  citi- 
zens of  the  United  States  and  subjects  of  His  Majesty,  which  need  to 
be  examined  and  decided  by  the  public  officers  of  the  two  nations,  it 
is  agreed  between  the  two  Governments  of  the  United  States  and 
Chosen,  that  such  cases  shall  be  tried  liy  the  proper  official  of  the 
nationality  of  the  defendant,  according  to  the  laws  of  that  nation. 
The  properly  authorized  official  of  the  plaintiff’s  nationality  shall  be 
freely  permitted  to  attend  the  trial,  and  shall  be  treated  with  the 
courtesy  due  to  his  position.  He  shall  be  granted  all  proper  facilities 
for  watching  the  proceedings  in  the  interest  of  justice.  If  he  so 
desires,  he  shall  have  the  right  to  present,  to  examine  and  to  cross- 
examine  witnesses.  If  he  is  dissatisfied  with  the  proceedings,  he  shall 
be  permitted  to  protest  against  them  in  detail. 

It  is  however  mutually  agreed  and  understood  between  the  High 
•Contracting  Powers,  that  whenever  the  King  of  Chosen  shall  have  so 
far  modified  and  reformed  the  statutes  and  judicial  procedure  of  his 
Kingdom  that,  in  the  judgment  of  the  United  States,  they  conform  to 
the  laws  and  course  of  justice  in  the  United  States,  the  right  of  exter- 
ritorial jurisdiction  over  United  States  citizens  in  Chosen  shall  be 
abandoned,  and  thereafter  United  States  citizens,  when  within  the 
limits  of  the  Kingdom  of  Chosen,  shall  be  subject  to  the  jurisdiction 
of  the  native  authorities. 


Article  V. 

Merchants  and  merchant-vessels  of  Chosen  visiting  the  United 
States  for  purposes  of  traffic,  shall  pay  duties  and  tonnage-dues  and 
all  fees  according  to  the  Customs-Regulations  of  the  United  States, 
but  no  higher  or  other  rates  of  duties  and  tonnage-dues  shall  be 
exacted  of  them,  than  are  levied  uiion  citizens  of  the  United  States 
or  upon  citizens  or  subjects  of  the  most  favored  nation. 

Merchants  and  merchant-vessels  of  the  United  States  visiting 
Chosen  for  purposes  of  traffic,  shall  paj"  duties  upon  all  merchandise 


COREA — 1882. 


337 


imported  and  exported.  The  authority  to  levy  duties  is  of  right 
vested  in  the  Government  of  Chosen.  The  tariff  of  duties  upon 
exports  and  imports,  together  with  the  Customs-Eegulations  for  the 
prevention  of  smuggling  and  other  irregularities,  will  be  fixed  by  the 
authorities  of  Chosen  and  communicated  to  the  proper  officials  of  the 
United  States,  to  be  by  the  latter  notified  to  their  citizens  and  duly 
observed. 

It  is  however  agreed  in  the  first  instance  as  a general  measure,  that 
the  tariff  upon  such  imports  as  are  articles  of  daily  use  shall  not 
exceed  an  ad  valorem  duty  of  ten  per  centum;  that  the  tariff  upon 
such  imports  as  are  luxuries,  as  for  instance  foreign  wines,  foreign 
tobacco,  clocks  and  watches,  shall  not  exceed  an  ad  valorem-dnij  of 
thirty  per  centum,  and  that  native  produce  exported  shall  pay  a duty 
not  to  exceed  five  percentum  ad  valorem.  And  it  is  further  agreed 
that  the  duty  upon  foreign  imports  shall  be  paid  once  for  all  at  the 
port  of  entry,  and  that  no  other  dues,  duties,  fees,  taxes  or  charges  of 
any  sort  shall  be  levied  upon  such  imports  either  in  the  interior  of 
Chosen  or  at  the  ports. 

United  States  merchant-vessels  entering  the  ports  of  Chosen  shall 
pay  tonnage-dues  at  the  rate  of  five  mace  per  ton,  payable  once  in 
three  months  on  each  vessel,  according  to  the  Chinese  calendar. 

Article  VI. 

Subjects  of  Chosen  who  may  visit  the  United  States  shall  be  per- 
mitted to  reside  and  to  rent  premises,  purchase  land,  or  to  construct 
residences  or  warehouses  in  all  parts  of  the  country.  They  shall  be 
freely  permitted  to  pursue  their  various  callings  and  avocations,  and 
to  traffic  in  all  merchandise,  raw  and  manufactured,  that  is  not 
declared  contraband  by  law.  Citizens  of  the  United  States  who  may 
resort  to  the  ports  of  Chosen  which  are  open  to  foreign  commerce, 
shall  be  permitted  to  reside  at  such  open  ports  within  the  limits  of 
the  concessions  and  to  lease  buildings  or  land,  or  to  construct  resi- 
dences or  warehouses  therein.  They  shall  be  freely  permitted  to  pur- 
sue their  various  callings  and  avocations  within  the  limits  of  the  port, 
and  to  traffic  in  all  merchandise,  raw  and  manufactured,  that  is  not 
declared  contraband  by  law. 

No  coercion  or  intimidation  in  the  acquisition  of  land  or  buildings 
shall  be  permitted,  and  the  land-rent  as  fixed  by  the  authorities  of 
Chosen  shall  be  paid.  And  it  is  expressly  agreed  that  land  so  acquired 
in  the  open  ports  of  Chosen  still  remains  an  integral  part  of  the  King- 
dom, and  that  all  rights  of  jurisdiction  over  persons  and  property 
within  such  areas  remain  vested  in  the  authorities  of  Chosen,  except 
in  so  far  as  such  rights  have  been  expressly  relinquished  by  this 
Treaty. 

American  citizens  are  not  permitted  either  to  transport  foreign 
imports  to  the  interior  for  sale,  or  to  proceed  thither  to  purchase 
native  produce.  Nor  are  they  permitted  to  transport  native  produce 
from  one  open  port  to  another  open  port. 

Violations  of  this  rule  will  subject  such  merchandise  to  confisca- 
tion, and  the  merchant  offending  will  be  handed  over  to  the  Consular 
Authorities  to  be  dealt  with. 

24449— VOL  1—10 22 


338 


TREATIES,  CONVENTIONS,  ETC. 


Article  VII. 

The  Governments  of  the  United  States  and  of  Chosen  mutually 
agree  and  undertake  that  subjects  of  Chosen  shall  not  be  permitted 
to  import  opium  into  any  of  the  ports  of  the  United  States,  and  citi- 
zens of  the  United  States  shall  not  be  permitted  to  import  opium  into 
any  of  the  open  ports  of  Chosen,  to  transport  it  from  one  open  port 
to  another  open  port,  or  to  traffic  in  it  in  Chosen.  This  absolute  pro- 
hibition which  extends  to  vessels  owned  by  the  citizens  or  subjects  of 
either  Power,  to  foreign  vessels  employed  by  them,  and  to  vessels 
owned  by  the  citizens  or  subjects  of  either  Power  and  employed  by 
other  persons  for  the  transportation  of  opium,  shall  be  enforced  by 
appropriate  legislation  on  the  part  of  the  United  States  and  of 
Chosen,  and  offenders  against  it  shall  be  severely  punished. 

Article  VIII. 

Whenever  the  Government  of  Chosen  shall  have  reason  to  appre- 
hend a scarcity  of  food  within  the  limits  of  the  Kingdom,  His  Majesty 
may  by  Decree  temporarily  prohibit  the  export  of  all  breadstuffs,  and 
such  Decree  shall  be  binding  on  all  citizens  of  the  United  States  in 
Chosen  upon  due  notice  having  been  given  them  by  the  Authorities 
of  Chosen  through  the  proper  officers  of  the  United  States ; but  it  is 
to  be  understood  that  the  exportation  of  rice  and  breadstuffs  of  every 
description  is  prohibited  from  the  open  port  of  Yin-Chuen. 

Chosen  having  of  old  prohibited  the  exportation  of  red  gingseng,  if 
citizens  of  the  United  States  clandestinely  purchase  it  for  export,  it 
shall  be  confiscated  and  the  offenders  punished. 

Article  IX. 

The  purchase  of  cannon,  small  arms,  swords,  gunpowder,  shot  and 
all  munitions  of  war  is  permitted  only  to  officials  of  the  Government 
of  Chosen,  and  they  may  be  imported  by  citizens  of  the  United  States 
only  under  a written  permit  from  the  authorities  of  Chosen.  If  these 
articles  are  clandestinely  imported,  they  shall  be  confiscated  and  the 
offending  party  shall  be  punished. 

Article  X. 

The  officers  and  people  of  either  nation  residing  in  the  other,  shall 
have  the  right  to  emjiloy  natives  for  all  kinds  of  lawful  work. 

Should,  however,  subjects  of  Chosen,  guilty  of  violation  of  the  laws 
of  the  Kingdom,  or  against  whom  any  action  has  been  brought,  con- 
ceal themselves  in  the  residences  or  warehouses  of  United  States 
citizens,  or  on  board  United  States  merchant-vessels,  the  Consular 
Authorities  of  the  United  States,  on  being  notified  of  the  fact  by  the 
local  authorities,  will  either  permit  the  latter  to  despatch  constables 
to  make  the  arrests,  or  the  persons  will  be  arrested  by  the  Consular 
Authorities  and  handed  over  to  the  local  constables. 

Officials  or  citizens  of  the  United  States  shall  not  harbor  such 
persons. 


COBEA — 1882. 


339 


Article  XI. 

Students  of  either  nationality,  who  may  proceed  to  the  country  of 
the  other,  in  order  to  study  the  language,  literature,  laws  or  arts, 
shall  be  given  all  possible  protection  and  assistance  in  evidence  of 
cordial  good  will. 

Article  XII. 

This  being  the  first  Treaty  negotiated  by  Chosen,  and  hence  being 
general  and  incomplete  in  its  provisions,  shall  in  the  first  instance  be 
put  into  operation  in  all  things  stipulated  herein.  As  to  stipulations 
not  contained  herein,  after  an  interval  of  five  years,  when  the  officers 
and  the  people  of  the  two  Powers  shall  have  become  more  familiar 
with  each  others  language,  a further  negotiation  of  commercial  pro- 
visions and  regulations  in  detail,  in  conformity  with  international  law 
and  without  unequal  discriminations  on  either  part  shall  be  had. 

Article  XIII. 


This  Treaty,  and  future  official  correspondence  between  the  two 
contracting  Governments  shall  be  made,  on  the  part  of  Chosen,  in  the 
Chinese  language. 

The  United  States  shall  either  use  the  Chinese  language,  or,  if 
English  be  used,  k shall  be  accompanied  with  a Chinese  version,  in 
order  to  avoid  misunderstanding. 

Article  XIV. 


The  High  Contracting  Powers  hereby  agree  that,  should  at  any 
time  the  King  of  Chosen  grant  to  any  nation  or  to  the  merchants  or 
citizens  of  any  nation,  any  right,  privilege  or  favor,  connected  either 
with  navigation,  commerce,  political  or  other  intercourse,  which  is 
not  conferred  by  this  Treaty,  such  right,  privilege  and  favor  shall 
freely  inure  to  the  benefit  of  the  United  States,  its  public  officers, 
merchants  and  citizens,  provided  always,  that  whenever  such  right, 
privilege  or  favor  is  accompanied  by  an}’  condition,  or  equivalent 
concession  granted  by  the  other  nation  interested,  the  United  States, 
its  officers  and  people  shall  only  be  entitled  to  the  benefit  of  such  right, 
privilege  or  favor  upon  complying  with  the  conditions  or  concessions 
connected  therewith. 

In  faith  whereof  the  respective  Commissioners  Plenipotentiary 
have  signed  and  sealed  the  foregoing  at  Yin-Chuen  in  English  and 
Chinese,  being  three  originals  of  each  text  of  even  tenor  and  date,  the 
ratifications  of  which  shall  be  exchanged  at  Yin-Chuen  within  one 
year  from  the  date  of  its  execution,  and  immediately  thereafter  this 
Treaty  shall  be  in  all  its  provisions  publicly  proclaimed  and  made 
known  by  both  Governments  in  their  respective  countries,  in  order 
that  it  may  be  obeyed  by  their  citizens  and  subjects  respectively. 

Chosen,  May  the  22"'^,  A.  D.  1882. 

[seal.]  R.  W.  Shufeldt, 

Commodore^  U.  S.  Y.,  Envoy  of  the  V.  S.  to  Chosen. 
[seal.]  Shin  Chen, 


Chin  Hong  Chi 


I [In  Chinese.'] 


340 


TREATIES,  CONVENTIONS,  ETC. 
[Senate  resolution  advising  ratification.] 


In  Executive  Session, 

Senate  of  the  United  States, 

January  9,  1883. 

Resolved,  (two  thirds  of  the  Senators  present  concurring,)  That  the  Senate 
advise  and  consent  to  the  ratification  of  the  treaty  of  commerce  and  navigation 
between  the  United  States  and  the  Kingdom  of  Corea  or  Chosen,  concluded  on 
the  22”'’  of  May  1882. 

Resolved,  That  it  is  the  understanding  of  the  Senate  in  agreeing  to  the  fore- 
going resolution,  that  the  clause,  “ Nor  are  they  permitted  to  transport  native 
produce  from  one  open  jiort  to  another  open  port,”  in  Article  VI  of  said  treaty, 
it  is  not  intended  to  prohibit  and  does  not  prohibit  American  shijis  from  going 
from  one  open  port  to  another  open  port  in  Corea  or  Chosen  to  receive  Corean 
cargo  for  exportation,  or  to  discharge  foreign  cargo,  and 

Re.solved,  That  the  President  be  requested  to  communicate  the  foregoing  inter- 
pretation of  said  clause  to  the  Corean  or  Chosen  government  on  the  exchange  of 
ratifications  of  .said  treaty,  as  the  sense  in  which  the  United  States  understand 
the  same. 

Resolved  further.  That  the  Senate  in  advising  and  consenting  to  the  treaty 
mentioned  in  the  foregoing  resolutions  does  not  admit  or  acquiesce  in  any  right 
or  constitutional  power  in  the  President  to  authorize  or  empower  any  person  to 
negotiate  treaties  or  carry  on  diplomatic  negotiations  with  any  foreign  power, 
unless  such  person  shall  have  been  appointed  for  such  purpose  or  clothed  with 
such  power  by  and  with  the  advice  and  consent  of  the  Senate,  except  in  the 
case  of  a Secretary  of  State  or  diplomatic  officer  appointed  by  the  President  to 
fill  a vacancy  occurring  during  the  recess  of  the  Senate,  and  it  makes  the 
declaration  in  order  that  the  means  employed  in  the  negotiation  of  said  treaty 
be  not  drawn  into  precedent. 

Resolved,  That  the  Secretary  communicate  all  the  foregoing  resolutions  to 
the  President. 

Attest;  F.  E.  Shober, 

Actiny  Hcvretary. 


COSTA  RICA. 

1851. 

Treaty  of  Friendship,  Commerce  and  Navigation. 


Concluded  July  10, 1861 ; ratifjcation  advised  hy  the  Senate  March  11, 
1852;  ratified  hy  the  President  May  25,  1852;  ratifications  ex- 
changed May  26,  1852 ; proclaimed  May  26,  1852. 

Articles. 


I.  Amity. 

II.  Freedom  of  commerce  and  navi- 
gation. 

III.  Most  favored  nation  privileges. 

IV.  No  discrimination  in  duties. 

V.  Tonnage  duties. 

VI.  No  discrimination  on  vessels. 

VII.  Equal  trade  privileges. 

VIII.  Equal  treatment  of  citizens. 


IX.  Exemption  from  military  serv- 
ice. etc. 

X.  Consular  and  diplomatic  privi- 
leges. 

XI.  Rights  in  case  of  war. 

XII.  Property  rights. 

XIII.  Duration. 

XIV.  Ratification. 


In  the  name  of  the  Most  Holy  Trinity. 

Commercial  intercourse  having  been  for  some  time  established  be- 
tween the  United  States  and  the  Republic  of  Costa  Rica,  it  seems 
good  for  the  security  as  well  as  the  encouragement  of  such  commer- 
cial intercourse,  and  for  the  maintenance  of  good  understanding  be- 
tween the  United  States  and  the  said  Republic,  that  the  relations  now 
subsisting  between  them  should  be  regularly  acknowledged  and 
confirmed  by  the  signature  of  a treaty  of  amity,  commerce  and  navi- 
gation. For  this  purpose  they  have  named  their  respective  plenipo- 
tentiaries, that  is  to  say : 

The  President  of  the  United  States,  Daniel  Webster,  Secretary  of 
State,  and  his  Excellency  the  President  of  the  Republic  of  Costa 
Rica,  Senor  Don  Felipe  Molina,  Envoy  Extraordinar}^  and  Minister 
Plenipotentiary  of  that  Republic  to  the  United  States ; 

IWio,  after  having  communicated  to  each  other  their  full  powers, 
found  to  be  in  due  and  proper  form,  have  agreed  upon  and  concluded 
the  following  articles : 

Article  I. 


There  shall  be  perpetual  amity  between  the  United  States  and 
their  citizens  on  the  one  part,  and  the  Government  of  the  Republic  of 
Costa  Rica  and  its  citizens  on  the  other. 


Article  II. 

There  shall.be,  between  all  the  territories  of  the  United  States  and 
the  territories  of  the  Republic  of  Costa  Rica  a reciprocal  freedom  of 
commerce.  The  subjects  and  citizens  of  the  two  countries,  respec- 

341 


342 


TREATIES,  CONVENTIONS.  ETC. 


tively,  shall  have  liberty,  freely  and  securely,  to  come  with  their  ships 
and  cargoes  to  all  places,  ports  and'  rivers  in  the  territories  afore- 
said, to  which  other  foreigners  are  or  may  be  permitted  to  come;  to 
enter  into  the  same,  and  to  remain  and  reside  in  an}^  part  thereof, 
respectively ; also  to  hire  and  occupy  houses  and  warehouses  for  the 
purposes  of  their  commerce ; and,  generally,  the  merchants  and  traders 
of  each  nation,  respectively,  shall  enjoy  the  most  complete  jirotection 
and  security  for  their  commerce;  subject  always  to  the  laws  and 
statutes  of  the  two  countries  resj^ectively. 

In  like  manner,  the  respective  ships  of  war  and  post-office  packets 
of  the  two  countries  shall  have  liberty,  freely  and  securely,  to  come 
to  all  harbors,  rivers  and  places  to  which  other  foreign  ships  of  war 
and  packets  are  or  may  be  permitted  to  come,  to  enter  into  the  same, 
to  anchor,  and  to  remain  there  and  refit;  subject  always  to  the  laws 
and  statutes  of  the  two  countries  respectively. 

By  the  right  of  entering  the  places,  ports  and  rivers  mentioned  in 
this  article,  the  privilege  of  carrying  on  the  coasting  trade  is  not 
understood ; in  which  trade,  national  vessels  only  of  the  country 
where  the  trade  is  carried  on  are  permitted  to  engage. 

Article  III. 

It  being  the  intention  of  the  two  high  contracting  parties  to  bind 
themselves,  by  the  preceding  articles,  to  treat  each  other  on  the  foot- 
ing of  the  most  favored  nation,  it  is  hereby  agreed  between  them,  that 
any  favor,  privilege  or  immunity  whatever,  in  matters  of  commerce 
and  navigation,  which  either  contracting  party  has  actually  granted, 
or  may  hereafter  grant,  to  the  subjects  or  citizens  of  any  other  state, 
shall  be  extended  to  the  subjects  or  citizens  of  ihe  other  high  contract- 
ing party,  gratuitously,  if  the  concession  in  favor  of  that  other  nation 
shall  have  been  gratuitous;  or  in  return  for  compensation  as  nearly  as 
possible  of  proportionate  value  and  etfect,  to  be  adjusted  by  mutual 
agreement,  if  the  concessions  shall  have  been  conditional. 

Article  IV. 

No  higher  or  other  duties  shall  be  imposed  on  the  importation  into 
the  territories  of  the  United  States  of  any  article  being  of  the  growth, 
produce  or  manufacture  of  the  Eepublic  of  Costa  Rica,  and  no  higher 
or  other  duties  shall  be  imposed  on  the  importation  into  the  territories 
of  the  Republic  of  Costa  Rica,  of  any  articles  being  the  growth,  prod- 
uce or  manufacture  of  the  territories  of  the  United  States,  than  are 
or  shall  be  payable  on  the  like  articles,  being  the  growth,  produce  or 
manufacture  of  any  other  foreign  country;  nor  shall  any  other  or 
higher  duties  or  charges  be  imposed  in  the  territories  of  either  of  the 
high  contracting  parties,  on  the  exportation  of  any  articles  to  the 
territories  of  the  other,  than  such  as  are  or  may  be  payable  on  the  ex- 
portation of  the  like  articles  to  any  other  foreign  countiy ; nor  shall 
any  prohibition  be  imposed  upon  the  exportation  or  imjiortation  of 
any  articles  the  growth,  produce  or  manufacture  of  the  territories  of 
the  United  States,  or  of  the  Republic  of  Costa  Rica,  t,o  or  from  the 
said  territories  of  the  United  States,  or  to  or  from  the  Republic  of 
Costa  Rica,  which  shall  not  equally  extend  to  all  other  nations. 


COSTA  RICA 1851. 


343 


Article  V. 

No  higher  nor  other  duties  or  payments  on  account  of  tonnage,  of 
light  or  harbor-dues,  of  pilotage,  of  salvage,  in  case  either  of  damage 
or  shipwreck,  or  on  account  of  any  other  local  charges,  shall  be  im- 
posed in  any  of  the  ports  of  the  Republic  of  Costa  Rica,  on  vessels  of 
the  United  States,  than  those  payable  in  the  same  ports  by  Costa 
Rican  vessels ; nor  in  any  of  the  ports  of  the  United  States,  on  Costa 
Rican  vessels,  than  shall  be  payable  in  the  same  ports  on  vessels  of  the 
United  States. 

Article  VI. 

The  same  duties  shall  be  paid  on  the  importation  into  the  territories 
of  the  Republic  of  Costa  Rica  of  any  article  being  of  the  growth, 
produce  or  manufacture  of  the  territories  of  the  United  States, 
whether  such  importation  shall  be  made  in  Costa  Rican,  or  in  vessels 
of  the  United  States ; and  the  same  duties  shall  be  paid  on  the  impor- 
tation into  the  territories  of  the  United  States  of  any  article  being  the 
growth,  produce  or  manufacture  of  the  Republic  of  Costa  Rica, 
whether  such  importation  shall  be  made  in  the  United  States  or  in 
Costa  Rican  vessels. 

The  same  duties  shall  be  paid,  and  the  same  bounties  and  drawbacks 
allowed,  on  the  exportation  to  the  Republic  of  Costa  Rica  of  any 
articles  being  the  growth,  produce  or  manufacture  of  the  territories  of 
the  United  States,  whether  such  exportations  shall  be  made  in  Costa 
Rican  or  in  United  States  vessels;  and  the  same  duties  shall  be  paid, 
and  the  same  bounties  and  drawbacks  allowed,  on  the  exportation  of 
any  articles  being  the  growth,  produce  or  manufacture  of  the  Repub- 
lic of  Costa  Rica  to  the  territories  of  the  United  States,  whether  such 
exportation  shall  be  made  in  United  States  or  in  Costa  Rican  vessels. 

Article  VII. 

All  merchants,  commanders  of  ships  and  others,  citizens  of  the 
United  States,  shall  have  full  liberty,  in  all  the  territories  of  the  Re- 
public of  Costa  Rica,  to  manage  their  own  affairs  themselves,  or  to 
commit  them  to  the  management  of  whomsoever  they  please,  as 
broker,  factor,  agent  or  interpreter ; nor  shall  they  be  obliged  to  em- 
ploy any  other  persons  in  those  capacities  than  those  employed  by 
Costa  Ricans,  nor  to  pay  them  any  other  salary  or  remuneration  than 
such  as  is  paid  in  like  cases  by  Costa  Rican  citizens;  and  absolute 
freedom  shall  be  allowed  in  all  cases  to  the  buyer  and  seller  to  bar- 
gain and  fix  the  price  of  any  goods,  wares  or  merchandise  imported 
into  or  exported  from  the  Republic  of  Costa  Rica,  as  they  shall  see 
good,  observing  the  laws  and  established  customs  of  the  country.  The 
same  privileges  shall  be  enjoyed  in  the  territories  of  the  United  States 
by  the  citizens  of  the  Republic  of  Costa  Rica  under  the  same 
conditions. 

The  citizens  of  the  high  contracting  parties  shall  reciprocally  re- 
ceive and  enjoy  full  and  perfect  protection  for  their  persons  and 
property,  and  shall  have  free  and  open  access  to  the  courts  of  justice 
in  the  said  countries  respectively,  for  the  prosecution  and  defence  of 
their  just  rights;  and  they  shall  be  at  liberty  to  employ,  in  all  cases, 


344 


TREATIES,  CONVENTIONS,  ETC. 


the  advocates,  attorneys,  or  agents  of  whatever  description,  whom 
they  may  think  proper,  and  they  shall  enjoy  in  this  respect  the  same 
rights  and  privileges  therein  as  native  citizens. 

Article  VIII. 

In  whatever  relates  to  the  police  of  the  ports,  the  lading  and  un- 
lading of  ships,  the  safety  of  merchandise,  goods  and  effects,  the 
succession  to  personal  estates  by  will  or  otherwise,  and  the  disposal  of 
personal  property  of  every  sort  and  denomination,  by  sale,  donation, 
exchange,  testament  or  in  any  other  manner  whatsoever,  as  also  the 
administration  of  justice,  the  citizens  of  the  two  high  contracting 
parties  shall  reciprocally  enjoy  the  same  privileges,  liberties  and 
rights  as  native  citizens^  and  they  shall  not  be  charged  in  any  of 
these  respects  with  any  higher  imposts  or  duties  than  those  which  are 
paid  or  may  be  paid  by  native  citizens;  submitting,  of  course,  to  the 
local  laws  and  regulations  of  each  country  respectively. 

If  any  citizen  of  either  of  the  two  high  contracting  parties  shall  die 
without  will  or  testament  in  any  of  the  territories  of  the  other,  the 
Consul  General  or  Consul  of  the  nation  to  which  the  deceased  be- 
longed, or  the  representative  of  such  Consul  General  or  Consul  in  his 
absence,  shall  have  the  right  to  nominate  curators  to  take  charge  of 
the  property  of  the  deceased,  so  far  as  the  laws  of  the  countiy  will 
permit,  for  the  benefit  of  the  lawful  heirs  and  creditors  of  the  de- 
ceased, giving  proper  notice  of  such  nomination  to  the  authorities  of 
the  country. 

Article  IX. 

The  citizens  of  the  United  States  residing  in  the  Republic  of  Costa 
Rica,  and  the  citizens  of  the  Republic  of  Costa  Rica  residing  in  the 
United  States,  shall  be  exempted  from  all  compulsory  military  serv- 
ice whatsoever,  either  by  sea  or  by  land,  and  from  all  forced  loans  or 
military  exactions  or  requisitions;  and  they  shall  not  be  compelled, 
under  any  pretext  whatsoever,  to  pay  other  ordinary  charges,  requi- 
sitions, or  taxes  greater  than  those  that  are  paid  by  native  citizens  of 
the  contracting  parties  respectively. 

Article  X. 

It  shall  be  free  for  each  of  the  two  high  contracting  parties  to  ap- 
point Consuls  for  the  protection  of  trade,  to  reside  in  any  of  the  terri- 
tories of  the  other  party ; but  before  any  Consul  shall  act  as  such,  he 
shall,  in  the  usual  form,  be  approved  and  admitted  by  the  Govern- 
ment to  which  he  is  sent ; and  either  of  the  high  contracting  parties 
may  except  from  the  residence  of  Consuls  such  particular  places  as 
they  judge  fit  to  be  excepted.  The  Costa  Rican  diplomatic  agents 
and  Consuls  shall  enjoy  in  the  territories  of  the  United  States  what- 
ever privileges,  exemptions  and  immunities  are  or  shall  be  granted  to 
agents  of  the  same  rank  belonging  to  the  most  favored  nation ; and, 
in  like  manner,  the  diplomatic  agents  and  Consuls  of  the  United 
States  in  the  Costa  Rican  territories  shall  enjoy,  according  to  the 
strictest  reciprocity,  whatever  privileges,  exemptions  and  immunities 
are  or  may  be  granted  in  the  Republic  of  Costa  Rica  to  the  diplomatic 
agents  and  Consuls  of  the  most  favored  nation. 


COSTA  ETOA — 1851. 


345 


Article  XI. 

For  the  better  security  of  commerce  between  the  citizens  of  the 
United  States  and  the  citizens  of  the  Republic  of  Costa  Rica,  it  is 
agreed,  that  if  at  any  time  any  interruption  of  friendly  intercourse, 
or  any  rupture  should  unfortunately  take  place  between  the  two  high 
contracting  parties,  the  citizens  of  either  of  the  two  high  contracting 
parties  who  may  be  within  any  of  the  territories  of  the  other,  shall,  if 
residing  upon  the  coast,  be  allowed  six  months,  and  if  in  the  interior, 
a whole  year  to  wind  up  their  accounts  and  dispose  of  their  property ; 
and  a safe-conduct  shall  be  given  them  to  embark  at  the  port  which 
they  themselves  shall  select ; and  even  in  the  event  of  a rupture,  all 
such  citizens  of  either  of  the  two  high  contracting  parties  who  are 
established  in  any  of  the  territories  of  the  other,  in  the  exercise  of  any 
trade  or  special  employment,  shall  have  the  privilege  of  remaining 
and  of  continuing  such  trade  and  employment  therein  without  any 
manner  of  interruption,  in  the  full  enjoyment  of  their  liberty  and 
property,  as  long  as  they  behave  peaceably,  and  commit  no  offence 
against  the  laws ; and  their  goods  and  effects,  of  whatever  description 
they  may  be,  whether  in  their  own  custody  or  intrusted  to  individuals 
or  to  the  State,  shall  not  be  liable  to  seizure  or  sequestration,  nor  to 
any  other  charges  or  demands  than  those  which  may  be  made  upon  the 
like  effects  or  property  belonging  to  the  native  citizens  of  the  country 
in  which  such  citizens  may  reside.  In  the  same  case,  debts  between 
individuals,  property  in  public  funds,  and  shares  of  companies,  shall 
never  be  confiscated,  sequestered  nor  detained. 

Article  XII 

The  citizens  of  the  United  States  and  the  citizens  of  the  Republic 
of  Costa  Rica,  respectively,  residing  in  any  of  the  territories  of  the 
other  party,  shall  enjoy  in  their  houses,  persons,  and  properties  the 
protection  of  the  Government,  and  shall  continue  in  possession  of  the 
guarantees  which  they  now  enjoy.  They  shall  not  be  disturbed,  mo- 
lested, or  annoyed  in  any  manner  on  account  of  their  religious  belief, 
nor  in  the  proper  exercise  of  their  religion,  either  within  their  own 
private  houses  or  in  the  places  of  worship  destined  for  that  purpose, 
agreeably  to  the  system  of  tolerance  established  in  the  territories  of 
th^e  two  high  contracting  parties;  provided  they  respect  the  religion 
of  the  nation  in  which  they  reside,  as  well  as  the  constitution,  laws, 
and  customs  of  the  country.  Liberty  shall  also  be  granted  to  bury 
the  citizens  of  either  of  the  two  high  contracting  parties  who  may  die 
in  the  territories  aforesaid,  in  burial-places  of  their  own,  which  in  the 
same  manner  may  be  freely  established  and  maintained ; nor  shall  the 
funerals  or  sepulchres  of  the  dead  be  disturbed  in  any  way  or  upon 
any  account. 

Article  XIII. 

In  order  that  the  two  high  contracting  parties  may  have  the  oppor- 
tunity of  hereafter  treating  and  agreeing  upon  such  other  arrange- 
ments as  may  tend  still  further  to  the  improvement  of  their  mutual 
intercourse,  and  to  the  advancement  of  the  interests  of  their  respective 
citizens,  it  is  agreed  that,  at  any  time  after  the  expiration  of  seven 
years  from  the  date  of  the  exchange  of  the  ratifications  of  the  present 


346 


TREATIES,  CONVENTIONS,  ETC. 


treaty,  either  of  the  liigh  contracting  parties  shall  have  the  right  of 
giving  to  the  other  party  notice  of  its  intention  to  terminate  Articles 
IV.,  V.  and  VI.,  of  the  present  treaty;  and  that,  at  the  expiration  of 
twelve  months  after  such  notice  shall  have  been  received  by  either 
party  from  the  other,  the  said  articles,  and  all  the  stipulations  con- 
tained therein,  shall  cease  to  be  binding  on  the  two  high  contracting 
parties. 

Article  XIV. 

The  present  treaty  shall  be  ratified,  and  the  ratifications  shall  be  ex- 
changed at  Washington  or  at  San  Jose  de  Costa  Rica,  within  the 
space  of  one  year,  or  sooner  if  possible. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
same  and  have  affixed  thereto  their  respective  seals. 

Done  at  Washington  this  tenth  day  of  July,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  fifty-one. 

[seal.]  Dan’l  Webster, 

[seal.]  F.  Molina. 


1860. 


Claims  Convention. 


Concluded  July  1860;  ratification  advised  hy  the  Senate  January 
16,  1861 ; ratified  hy  the  President  November  7,  1861;  time  for 
exchange  of  ratiftcadions  extended  by  the  Senate  March  12,  1861; 
ratifications  exchanged  November  9,  1861;  'proclaimed  November 
11,  1861 

Articles. 


I.  Claims ; commission. 

II.  Meeting  of  commission. 

III.  Procedure;  award. 

IV.  Payment  of  indemnity. 
V.  Duration  of  commission, 


VI.  Decision. 

VII.  Cases  pending  termination  of 
commission. 

VIII.  Expenses. 

IX.  Ratification. 


The  United  States  of  America  and  the  Republic  of  Costa  Rica, 
desiring  to  adjust  the  claims  of  citizens  of  said  States  against  Costa 
Rica  in  such  a manner  as  to  cement  the  good  understanding  and 
friendly  relations  now  happily  subsisting  between  the  two  Republics, 
have  resolved  to  settle  such  claims  by  means  of  a convention;  and, 
for  that  purpose,  appointed  and  conferred  full  powers,  respectively, 
to  wit: 

The  President  of  the  United  States,  on  Alexander  Dimitry,  Min- 
ister Resident  of  said  United  States  in  the  Republic  of  Costa  Rica, 
and  his  Excellency  the  Constitutional  President  of  said  Republic  of 
Costa  Rica,  on  Manuel  Jose  Carazo  and  Francisco  Maria  Yglesias; 
who,  upon  an  exchange  of  their  plenary  powers,  which  were  found 
in  good  and  proper  form,  have  agreed  to  the  following  articles: 


Article  I. 

It  is  agreed  that  all  claims  of  citizens  of  the  United  States,  upon 
the  Government  of  Costa  Rica,  arising  from  injuries  to  their  persons, 
or  damages  to  their  property,  under  any  form  whatsoever,  through 


COSTA  RICA 1860. 


347 


the  action  of  aiithorities  of  the  Republic  of  Costa  Rica,  statements 
of  which,  soliciting  the  interposition  of  the  Government  of  the  United 
States,  have  been  presented  to  the  Department  of  State  at  Washing- 
ton, or  to  the  diplomatic  agents  of  said  United  States  at  San  Jose, 
of  Costa  Rica,  up  to  the  date  of  the  signature  of  this  Convention, 
shall,  together  with  the  documents  in  proof,  on  which  they  may  be 
founded,  be  referred  to  a Board  of  Commissioners,  consisting  of  two 
members,  who  shall  be  appointed  in  the  following  manner:  one  by 
the  Government  of  the  United  States  of  America,  and  one  by  the 
Government  of  the  Republic  of  Costa  Rica : Provided^  however^  That 
no  claim  of  any  citizen  of  the  United  States,  who  may  be  proved  to 
have  been  a belligerent  during  the  occupation  of  Nicaragua  by  the 
troops  of  Costa  Rica,  or  the  exercise  of  authority,  by  the  latter, 
within  the  territory  of  the  former,  shall  be  considered  as  one  proper 
for  the  action  of  the  Board  of  Commissioners  herein  provided  for. 

In  case  of  the  death,  absence,  or  incapacity  of  either  Commissioner, 
or  in  the  event  of  either  Commissioner’s  omitting  or  ceasing  to  act, 
the  Government  of  the  United  States  of  America,  or  that  of  the 
Republic  of  Costa  Rica,  respectively,  or  the  minister  of  the  latter, 
in  the  United  States,  acting  by  its  direction,  shall  forthwith  proceed 
to  fill  the  vacancy  thus  occasioned. 

Article  II. 

The  Commissioners  so  named  shall  meet  at  the  city  of  Washington, 
within  ninety  days  from  the  exchange  of  the  ratifications  of  this 
convention;  and,  before  proceeding  to  business,  they  shall,  each  of 
them,  exhibit  a solemn  oath,  made  and  subscribed  before  a competent 
authority,  that  they  will  carefully  examine  into,  and  impartially 
decide,  according  to  the  principles  of  justice  and  of  equity,  and  to 
the  stipulations  of  treaty,  upon  all  the  claims  laid  before  them,  under 
the  provisions  of  this  Convention,  by  the  Government  of  the  United 
States,  and  in  accordance  with  such  evidence  as  shall  be  submitted 
to  them  on  the  part  of  said  United  States  and  of  the  Republic  of 
Costa  Rica,  respectively.  And  their  oath,  to  such  effect,  shall  be 
entered  upon  the  record  of  their  proceedings. 

Said  Commissioners  shall  then  proceed  to  name  an  Arbitrator,  or 
Umpire,  to  decide  upon  any  case  or  cases  concerning  which  they  may 
disagree,  or  upon  any  point  or  points  of  difference  which  may  arise 
in  the  course  of  their  proceedings.  And  if  they  cannot  agree  in  the 
selection,  the  Arbitrator  or  Umpire  shall  be  appointed  by  the  min- 
ister of  His  Majesty  the  King  of  the  Belgians,  to  the  United  States, 
whom  the  two  high  contracting  parties  shall  invite  to  make  such  ap- 
pointment, and  whose  selection  shall  be  conclusive  on  both  parties. 

Article  III. 

The  Arbitrator,  or  Umpire,  being  appointed,  the  Commissioners 
shall,  without  delay,  proceed  to  examine  and  determine  the  claims 
which  may  be  presented  to  them,  under  the  provisions  of  this  Con- 
vention, by  the  Government  of  the  United  States,  as  stated  in  the 
preceding  article;  and  they  shall  hear,  if  required,  one  person  in 
behalf  or  each  Government,  on  every  separate  claim. 


348 


TEEATTES,  CONVENTIONS,  ETC, 


Each  Government  shall  furnish,  upon  request  of  either  of  the  com- 
missioners, such  papers  in  its  possession  as  may  be  deemed  important 
to  the  just  determination  of  anj'  claims  of  citizens  of  the  United 
States,  referred  to  the  board,  under  the  provisions  of  the  first  ai'ticle. 

In  cases,  whether  touching  injuries  to  the  person,  limb  or  life  of 
any  said  citizens,  or  damages  committed,  as  stipulated  in  the  first 
article,  against  their  property,  in  which  the  Commissioners  may 
agree  to  award  an  indemnity,  thej'^  shall  determine  the  amount  to  be 
paid.  In  cases  in  which  said  Commissioners  cannot  agree,  the  points 
of  difference  shall  be  referred  to  the  Arbitrator,  or  Umpire,  before 
whom  each  of  the  Commissioners  may  be  heard,  and  his  decision 
shall  be  final. 


Article  IV. 

The  commissioners  shall  issue  certificates  of  the  sums  to  be  paid  to 
the  claimants,  respectively,  whether  by  virtue  of  the  awards  agreed 
to  between  themselves,  or  of  those  made  by  them,  in  pursuance  of 
decisions  of  the  Arbitrator,  or  Umpire ; and  the  aggregate  amount  of 
said  sums,  decreed  by  the  certificates  of  award  made  by  the  Com- 
missioners, in  either  manner  above  indicated,  and  of  the  sums  also 
accruing  from  such  certificates  of  award  as  the  Arbitrator,  or  Um- 
pire, may,  under  the  authority  hereinafter  conferred  by  the  seventh 
article,  have  made  and  issued,  with  the  rate  of  interest  stipulated  in 
the  present  article,  in  favor  of  any  claimant  or  claimants,  shall  be 
paid  to  the  Government  of  the  United  States,  in  the  city  of  Washing- 
ton, in  equal  semi-annual  instalments.  It  is,  however,  hereby  agreed, 
by  the  contracting  parties,  that  the  payment  of  the  first  instalment 
shall  be  made  eight  months  from  the  termination  of  the  labors  of  the 
commission ; and,  after  such  first  payment,  the  second,  and  each  suc- 
ceeding one,  shall  be  made  semi-annually,  counting  from  the  date  of 
the  first  payment ; and  the  whole  payment  of  such  aggregate  amount 
or  amounts,  shall  be  perfected  within  the  term  of  ten  years  from  the 
termination  of  said  commission;  and  each  of  said  sums  shall  bear 
interest  (also  payable  semiannually)  at  the  rate  of  six  per  cent,  per 
annum,  from  the  day  on  which  the  awards,  respectively,  will  have 
been  decreed. 

To  meet  these  payments,  the  Government  of  the  Eepublic  of  Costa 
Rica  hereby  specially  appropriates  fifty  per  cent,  of  the  net  proceeds 
of  the  revenues  arising  from  the  customs  of  the  said  Republic ; but  if 
such  appropriation  should  prove  insufficient  to  make  the  payments  as 
above  stipulated,  the  Government  of  said  Republic  binds  itself  to 
provide  other  means  for  that  purpose. 

Article  V. 

The  Commission  herein  provided  shall  terminate  its  labors  in  nine 
months  from  and  including  the  day  of  its  organization.  They  shall 
keep  an  accurate  record  of  all  their  proceedings,  and  they  may  ap- 
point a secretary,  versed  in  the  knowledge  of  the  English  and  of  the 
Spanish  languages,  to  assist  in  the  transaction  of  their  business. 
And,  for  the  conduct  of  such  business,  they  are  hereby  authorized  to 
make  all  necessary  and  lawful  rules. 


COSTA  RICA 1860. 


349 


Article  VI. 

The  proceedings  of  this  Commission  shall  be  final  and  conclusive 
with  respect  to  all  the  claims  of  citizens  of  the  United  States,  which, 
having  accrued  prior  to  the  date  of  this  convention,  may  be  brought 
before  it  for  adjustment;  and  the  United  States  agree  forever  to  re- 
lease the  Government  of  the  Republic  of  Costa  Rica  from  any  further 
accountability  for  claims  which  shall  be  rejected,  either  by  the  board 
of  Commissioners,  or  by  the  Arbitrator  or  Umpire  aforesaid;  or  for 
such  as,  being  allowed  by  either  the  Board  or  the  Umpire,  the  Govern- 
ment of  Costa  Rica  shall  have  2irovided  for  and  satisfied  in  the  man- 
ner agreed  upon  in  the  fourth  article. 

Article  VII. 

In  the  event,  however,  that  upon  the  termination  of  the  labors  of 
said  Commission  stiiDulated  for  in  the  fifth  article  of  this  convention, 
any  case  or  cases  should  be  jiending  before  the  Umjiire,  and  awaiting 
his  decision,  it  is  hereby  understood  and  agreed  by  the  two  contract- 
ing parties  that,  though  the  Board  of  Commissioners  may,  by  such 
limitation,  have  terminated  their  action,  said  Umpire  is  hereby  au- 
thorized and  empowered  to  joroceed  to  make  his  decision  or  award  in 
such  case  or  cases  j^iendingas  aforesaid;  and,  upon  his  certificate  there- 
of, in  such  case,  transmitted  to  each  of  the  two  Governments,  mention- 
ing the  amount  of  indemnity,  if  such  shall  have  been  allowed  by  him, 
together  with  the  rate  of  interest  specified  by  the  fourth  article,  such 
decision  or  award  shall  be  taken  and  held  to  be  binding  and  conclusive, 
and  it  shall  work  the  same  effect  as  though  it  had  been  made  by  both 
the  Commissioners  under  their  own  agreement,  or  by  them  upon  de- 
cision of  the  case  or  of  the  cases,  respectively,  pronounced  by  the  Um- 
pire of  said  board,  during  the  period  prescribed  for  its  sessions : Pro- 
vided^ however,  That  a decision  on  every  case  that  may  be  pending  at 
the  termination  of  the  labors  of  the  board  shall  be  given  by  the  Um- 
pire within  sixty  days  from  their  final  adjournment;  and  that,  at  the 
expiration  of  the  said  sixty  days,  the  authority  and  power  hereby 
granted  to  said  Umpire  shall  cease. 

Article  VIII. 

Each  Government  shall  jDay  its  own  Commissioner ; but  the  Umpire, 
as  well  as  the  incidental  expenses  of  the  commission,  including  the 
defrayal  of  the  services  of  a secretary,  who  may  be  appointed  under 
the  fifth  article,  shall  be  paid  one-half  by  the  United  States,  and  the 
other  half  by  the  Republic  of  Costa  Rica. 

Article  IX. 

The  present  convention  shall  be  approved  and  ratified  by  the  Presi- 
dent of  the  United  States  of  America,  by  and  with  the  advice  and 
consent  of  the  Senate  of  the  said  States;  and  by  the  President  of 
the  Republic  of  Costa  Rica,  with  the  consent  and  apjDrobation  of  the 
Supreme  Legislative  Power  of  said  Republic;  and  the  ratifications 
shall  be  exchanged  in  the  city  of  Washington,  within  the  space  of 
eight  months  from  the  date  of  the  signature  hereof,  or  sooner  if 
jiossible. 


350 


TBEATIES,  CONVENTIONS,  ETC. 


In  faith  whereof,  and  by  virtue  of  our  respective  powers,  we,  the 
undersigned,  have  signed  the  present  convention,  in  duplicate,  and 
have  hereunto  affixed  our  seals. 

Done  at  the  city  of  San  Jose,  on  the  second  day  of  July,  in  the  year 
one  thousand  eight  hundred  and  sixty,  and  in  the  eighty-fourth  year 
of  the  independence  of  the  United  States  of  America,  and  of  the  in- 
dependence of  Costa  Rica  the  thirty-ninth. 

[seal.]  Alex’r  Dimitry. 

[seal.]  Manuel  J.  Carazo. 

[seal.]  Fran’co  M.  Yglesias. 


The  commission  provided  for  under  the  foregoing  convention  met 
at  Washington  February  8,  1862,  adjourned  November  6,  1862,  and 
awarded  $25,704.14  against  Costa  Rica. 


1899. 

Copyright  Proclamation. 

MJiereas  it  is  provided  by  section  13  of  the  act  of  Congress  of 
March  3,  1891,  entitled  “An  act  to  amend  title  sixty,  chapter  three,  of 
the  Revised  Statutes  of  the  United  States,  relating  to  copyrights,” 
that  said  act  “ shall  only  apply  to  a citizen  or  subject  of  a foreign 
state  or  nation  when  such  foreign  state  or  nation  permits  to  citizens 
of  the  United  States  of  America  the  benefit  of  copyright  on  substan- 
tially the  same  basis  as  its  own  citizens ; or  when  such  foreign  state  or 
nation  is  a party  to  an  international  agreement  which  provides  for 
reciprocity  in  the  granting  of  copyright,  by  the  terms  of  which 
agreement  the  United  States  of  America  may,  at  its  pleasure,  become 
a party  to  such  agreement;” 

And  whereas  it  is  also  provided  by  said  section  that  “the  existence 
of  either  of  the  conditions  aforesaid  shall  be  determined  by  the  Presi- 
dent of  the  United  States  by  proclamation  made  from  time  to  time  as 
the  purposes  of  this  act  may  require ;” 

And  whereas  satisfactory  official  assurances  have  been  given  that  in 
the  Republic  of  Costa  Rica  the  law  permits  to  citizens  of  the  United 
States  of  America  the  benefit  of  copyright  on  substantially  the  same 
basis  as  to  the  citizens  of  that  Republic : 

Now,  therefore,  I,  William  McKinley,  President  of  the  United 
States  of  America,  do  declare  and  proclaim  that  the  first  of  the  con- 
ditions specified  in  section  13  of  the  act  of  March  3,  1891,  now  exists 
and  is  fulfilled  in  respect  to  the  citizens  of  Costa  Rica. 

In  testimony  whereof  I have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington  this  nineteenth  day  of  October, 
one  thousand  eight  hundred  and  ninety-nine,  and  of  the  Independence 
of  the  United  States  the  one  hundred  and  twenty- fourth. 

William  McKinley. 

By  the  President: 

John  Hay, 

Secretary  of  State. 


COSTA  EICA — 1900-1909. 


351 


1900. 

Protocol  for  the  Construction  of  an  Interoceanic  Canal. 

Concluded  December  i,  1900. 

It  is  agreed  between  the  two  Governments  that  when  the  President 
of  the  United  States  is  authorized  by  law  to  acquire  control  of  such 
portion  of  the  territory  now  belonging  to  Costa  Rica  as  may  be  desir- 
able and  necessary  on  which  to  construct  and  protect  a canal  of  depth 
and  capacity  sufficient  for  the  passage  of  vessels  of  the  greatest  ton- 
nage and  draft  now  in  use,  from  a point  near  San  Juan  del  Norte  on 
the  Caribbean  Sea,  via  Lake  Nicaragua  to  Brito  on  the  Pacific  Ocean, 
they  mutually  engage  to  enter  into  negotiations  with  each  other  to 
settle  the  plan  and  the  agreements,  in  detail,  found  necessary  to 
accomplish  the  construction  and  to  provide  for  the  ownership  and 
control  of  the  proposed  canal. 

As  preliminary  to  such  future  negotiations  it  is  forthwith  agreed 
that  the  course  of  said  canal  and  the  terminals  thereof  shall  be  the 
same  that  were  stated  in  a treaty  signed  by  the  Plenipotentiaries  of 
the  United  States  and  Great  Britain  on  February  5,  1900,  and  now 
pending  in  the  Senate  of  the  United  States  for  confirmation,  and  that 
the  provisions  of  the  same  shall  be  adhered  to  by  the  United  States 
and  Costa  Rica. 

In  witness  whereof,  the  undersigned  have  signed  this  protocol  and 
have  hereunto  affixed  their  seals. 

Done  in  duplicate  at  Washington  this  first  day  of  December,  1900. 

John  Hay  [seal.] 

J.  B.  Calvo.  [seal.] 


1909 

Arbitration  Convention 

« 

Signed  at  Washington,  January  13,  1909;  ratif,cation  advised  by  the 
Senate,  January  20, 1909;  rati-fted  by  the  President,  March  1,  1909; 
ratifications  exchanged  at  W ashington,  July  20,  1909;  proclaimed, 
July  21,  1909. 

Articles 

I.  Differences  to  be  submitted  I III.  Duration 

II.  Speciai  agreement  | IV.  Ratification 

The  Government  of  the  United  States  of  America,  signatory  of 
The  Hague  Convention  for  the  Pacific  Settlement  of  International 
Disputes,  concluded  at  The  Hague  on  July  29,  1899,  and  the  Govern- 
ment of  the  Republic  of  Costa  Rica,  being  desirous  of  referring  to 
arbitration  all  questions  which  they  shall  consider  possible  to  submit 
to  such  treatment; 

Taking  into  consideration  that  by  Article  XXVI  of  the  said  Con- 
vention the  jurisdiction  of  the  Permanent  Court  of  Arbitration 


352 


TKEATIES,  CONVENTIONS,  ETC. 


established  at  The  Hague  by  that  Convention  may,  within  the  condi- 
tions laid  down  in  the  regulations,  be  extended  to  disputes  between 
signatory  powers  and  nonsignatory  powers,  if  the  Parties  are  agreed 
on  recourse  to  that  Tribunal; 

Have  authorized  the  undersigned  to  conclude  the  following  Con- 
vention : 

Article  I. 

Differences  which  may  arise  of  a legal  nature,  or  relating  to  the 
interpretation  of  treaties  existing  between  the  two  Contracting  Par- 
ties, and  which  it  may  not  have  been  possible  to  settle  by  diplomacy, 
shall  be  refered  to  the  Permanent  Court  of  Arbitration  established  at 
The  Hague  by  the  Convention  of  the  29th  July,  1899,  for  the  pacific 
settlement  of  international  disputes,  provided,  nevertheless,  that  the}^ 
do  not  affect  the  vital  interests,  the  independence,  or  the  honor  of  the 
two  Contracting  States,  and  do  not  concern  the  interests  of  third 
Parties. 

Article  II. 

In  each  individual  case  the  High  Contracting  Parties,  before 
appealing  to  the  Permanent  Court  of  Arbitration,  shall  conclude  a 
special  Agreement,  defining  clearly  the  matter  in  dispute,  the  scope 
of  the  powers  of  the  arbitrators,  and  the  periods  to  be  fixed  for  the 
formation  of  the  Arbitral  Tribunal  and  the  several  stages  of  the 
procedure.  It  is  understood  that  on  the  part  of  the  United  States 
such  special  agreements  will  be  made  by  the  President  of  the  United 
States,  by  and  with  the  advice  and  consent  of  the  Senate  thereof,  and 
on  the  part  of  Costa  Pica  shall  be  subject  to  the  procedure  required 
by  the  Constitution  and  laws  thereof. 

Article  III. 

The  present  Convention  is  concluded  for  a period  of  five  years,  and 
shall  remain  in  force  thereafter  until  one  year’s  notice  of  termination 
shall  be  given  by  either  party. 

Article  IV. 

The  present  Convention  shall  be  ratified  by  the  President  of  the 
United  States  of  America,  by  and  with  the  advice  and  consent  of  the 
Senate  thereof;  and  by  the  President  of  Costa  Eica  in  accordance 
Avith  the  Constitution  and  laAvs  thereof.  The  ratifications  shall  be  ex- 
changed at  Washington  as  soon  as  possible,  and  the  Convention  shall 
take  effect  on  the  date  of  the  exchange  of  its  ratifications. 

Done  in  duplicate  in  the  English  and  Spanish  languages  at  Wash- 
ington, this  13th  day  of  January,  in  the  year  one  thousand  nine  hun- 
dred and  nine. 

Elihit  Koot  [ seal] 

J.  B.  Calvo  [seal] 


CUBA. 

1902. 


Commercial  Convention.®-*’ 

Concluded  December  ii,  1902 ; rati-fication  advised  l)y  Senate  March 
19,  1903;  ratified  hy  President  March  30,  1903;  ratifications  ex- 
changed March  31, 1903;  proclaimed  December  17, 1903. 

Articles. 


I.  Articles  on  free  list. 

II.  Articles  of  Cuba  admitted  at  re- 
duction of  20  per  cent. 

III.  Articles  of  United  States  admitted 

at  reduction  of  20  per  cent. 

IV.  Articles  of  United  States  admitted 

at  reductions  of  25,  30,  and  40 
per  cent,  respectively. 

V.  Regulations  to  protect  revenue. 


' VI.  Tobacco. 

ITI.  Similar  articles. 

VIII.  Rates  of  duty  to  continue  prefer- 
ential. 

IX.  National  or  local  taxes. 

X.  Changes  of  tariff;  revision  of 
treaty. 

XI.  Ratification ; duration. 


The  President  of  the  United  States  of  America  and  the  President 
of  the  Republic  of  Cuba,  animated  by  the  desire  to  strengthen  the 
bonds  of  friendship  between  the  two  countries,  and  to  facilitate  their 
commercial  intercourse  by  improving  the  conditions  of  trade  between 
them,  have  resolved  to  enter  into  a convention  for  that  purpose,  and 
have  appointed  their  respective  Plenipotentiaries,  to-wit : — 

The  President  of  the  United  States  of  America,  the  Honorable 
General  Tasker  H.  Bliss; 

The  President  of  the  Republic  of  Cuba,  the  Honorable  Carlos  de 
Zaldo  y Beurmann,  Secretary  of  State  and  Justice,  and  the  Honor- 
able Jose  M.  Garcia  _y  Montes,  Secretary  of  the  Treasury; 

Avho,  after  an  exchange  of  their  full  powers  found  to  be  in  good  and 
due  form,  have,  in  consideration  of  and  in  compensation  for  the 
respective  concessions  and  engagements  made  by  each  to  the  other  as 
hereinafter  recited,  agreed  and  do  hereby  agree  upon  the  following 
Articles  for  the  regulation  and  government  of  their  reciprocal  trade, 
namely : — 

Article  I. 


During  the  term  of  this  convention,  all  articles  of  merchandise  be- 
ing the  product  of  the  soil  or  industry  of  the  United  States  which 
are  now  imported  into  the  Republic  of  Cuba  free  of  duty,  and  all 
articles  of  merchandise  being  the  product  of  the  soil  or  industry  of 
the  Republic  of  Cuba  which  are  now  imported  into  the  United  States 
free  of  duty,  shall  continue  to  be  so  admitted  by  the  respective  coun- 
tries free  of  duty. 


® By  act  approved  December  17,  1903,  Congress  gave  Its  approval  to  this  con- 
vention. 

**  U.  S.  V.  American  Sugar  Refining  Company  (202  U.  S.,  563);  Sugar  Re- 
fining Co.  V.  U.  S.  (144  Fed.  Rep.,  563)  ; M.  J.  Dalton  Co.  v.  United  States 
(151  Fed.  Rep.,  143)  ; Faber  v.  United  States  (157  Fed.  Rep.,  140). 

23 


24449— VOL  1-10- 


353 


354 


TBEATIES,  CONVENTIONS,  ETC. 


Article  II. 

During  the  term  of  this  convention,  all  articles  of  merchandise  not 
included  in  the  foregoing  Article  I and  being  the  product  of  the  soil 
or  industry  of  the  RepuWic  of  Cuba  import^  into  the  United  States 
shall  be  admitted  at  a reduction  of  twenty  percentum  of  the  rates  of 
duty  thereon  as  provided  by  the  Tariff  Act  of  the  United  States 
approved  July  24,  1897,  or  as  may  be  provided  by  any  tariff  law  of 
the  United  States  subsequently  enacted. 

Article  III. 

During  the  term  of  this  convention,  all  articles  of  merchandise  not 
included  in  the  foregoing  Article  I and  not  hereinafter  enumerated, 
being  the  product  of  the  soil  or  industry  of  the  United  States,  im- 
ported into  the  Republic  of  Cuba  shall  be  admitted  at  a reduction  of 
twenty  per  centum  of  the  rates  of  duty  thereon  as  now  provided  or  as 
may  hereafter  be  provided  in  the  Customs  Tariff  of  said  Republic  of 
Culia. 

Article  IV. 

During  the  term  of  this  convention,  the  following  articles  of  mer- 
chandise as  enumerated  and  described  in  the  existing  Customs  Tariff 
of  the  Republic  of  Cuba,  being  the  product  of  the  soil  or  industry  of 
the  United  States  imported  into  Cuba  shall  be  admitted  at  the  follow- 
ing respective  reductions  of  the  rates  of  duty  thereon  as  now  provided 
or  as  may  hereafter  be  provided  in  the  Customs  Tariff  of  the  Republic 
of  Cuba ; — 

Schedule  A. 

To  be  admitted  at  a reduction  of  twenty  five  (25)  per  centum: 

Machinery  and  apparatus  of  copper  or  its  alloys  or  machines  and 
apparatus  in  which  copper  or  its  alloys  enter  as  the  component  of 
chief  value;  cast  iron,  wrought  iron  and  steel,  and  manufactures 
thereof;  of  crystal  and  glass,  except  window  glass;  ships  and  water 
borne  vessels  of  all  kinds,  of  iron  or  steel ; whiskies  and  brandies,  fish, 
salted,  pickled,  smoked  or  marinated;  fish  or  shellfish,  preserved  in 
oil  or  otherwise  in  tins ; articles  of  pottery  or  earthenware  now  classi- 
fied under  Paragraphs  21  and  22  of  the  Customs  Tariff  of  the  Re- 
public of  Cuba. 

Schedule  B. 

To  be  admitted  at  a reduction  of  thirty  (30)  percentum: 

Butter ; flour  of  wheat ; corn ; flour  of  corn  or  corn  meal ; chemical 
and  pharmaceutical  products  and  simple  drugs;  malt  liquors  in  bot- 
tles ; non-alcoholic  beverages ; cider ; mineral  waters,  colors  and  dyes ; 
window  glass;  complete  or  partly  made  up  articles  of  hemp,  flax, 
pita,  jute,  henequen,  ramie,  and  other  vegetable  fibers  now  classified 
under  the  paragraphs  of  Group  2,  Class  V,  of  the  Customs  Tariff  of 
the  Republic  of  Cuba;  musical  instruments;  writing  and  printing 
paper,  except  for  newspapers;  cotton  and  manufactures  thereof,  ex- 
cept knitted  goods  (see  Schedule  C)  ; all  articles  of  cutlery;  boots, 
shoes  and  slippers,  now  classified  under  Paragraphs  197  and  198  of 


CUBA 1902. 


355 


the  Customs  Tariff  of  the  Republic  of  Cuba ; gold  and  silver  plated 
ware;  drawings,  photographs,  engravings,  lithographs,  cromolitho- 
graphs,  oleographs,  etc.,  printed  from  stone,  zinc,  aluminium,  or 
other  material,  used  as  labels,  flaps,  bands  and  wrappers  for  tobacco 
or  other  purposes,  and  all  the  other  papers  (except  paper  for  ciga- 
rettes, and  excepting  maps  and  charts),  pasteboard  and  manufactures 
thereof,  now  classified  under  Paragraphs  157  to  164  inclusive  of  the 
Customs  Tariff  of  the  Republic  of  Cuba ; common  or  ordinary  soaps, 
now  classified  under  Paragraph  105,  letters  “A”  and  “ B ”,  of  the 
Customs  Tariff  of  the  Republic  of  Cuba ; vegetables,  pickled  or  pre- 
served in  any  manner;  all  wines,  except  those  now  classified  under 
Paragraph  279  (a)  of  the  Customs  Tariff  of  the  Republic  of  Cuba. 

Schedule  C . 

To  be  admitted  at  a reduction  of  forty  (40)  per  centum: 

Manufactures  of  cotton,  knitted,  and  all  manufactures  of  cotton  not 
included  in  the  preceding  schedules ; cheese ; fruits,  preserved ; paper 
pulp;  perfumery  and  essences;  articles  of  pottery  and  earthenware 
now  classified  under  Paragraph  20  of  the  Customs  Tariff  of  the  Re- 
public of  Cuba;  porcelain;  soaps,  other  than  common,  now  classified 
under  Paragraph  105  of  the  Customs  Tariff  of  the  Republic  of  Cuba; 
umbrellas  and  parasols;  dextrine  and  glucose;  watches;  wool  and 
manufactures  thereof ; silk  and  manufactures  thereof ; rice ; cattle. 

Article  V. 

It  is  understood  and  agreed  that  the  laws  and  regulations  adopted, 
or  that  may  be  adopted,  by  the  United  States  and  by  the  Republic  of 
Cuba,  to  protect  their  revenues  and  prevent  fraud  in  the  declarations 
and  proofs  that  the  articles  of  merchandise  to  which  this  convention 
may  apply  are  the  product  or  manufacture  of  the  United  States  and 
the  Republic  of  Cuba,  respectively,  shall  not  impose  any  additional 
charge  or  fees  therefor  on  the  articles  imported,  excepting  the  con- 
sular fees  established,  or  which  may  be  established,  by  either  of  the 
two  countries  for  issuing  shipping  documents,  which  fees  shall  not  be 
higher  than  those  charged  on  the  shipments  of  similar  merchandise 
from  any  other  nation  whatsoever. 

Article  VI. 

It  is  agreed  that  the  tobacco,  in  any  form,  of  the  United  States  or 
of  any  of  its  insular  possessions,  shall  not  enjoy  the  benefit  of  any 
concession  or  rebate  of  duty  when  imported  into  the  Republic  of 
Cuba. 

Article  VII. 

It  is  agreed  that  similar  articles  of  both  countries  shall  receive 
equal  treatment  on  their  importation  into  the  ports  of  the  United 
States  and  of  the  Republic  of  Cuba,  respectively. 

Article  VIII. 

The  rates  of  duty  herein  granted  by  the  United  States  to  the 
Republic  of  Cuba  are  and  shall  continue  during  the  term  of  this  con- 


356 


TREATIES,  CONVENTIONS,  ETC. 


vention  preferential  in  respect  to  all  like  imports  from  other  coun- 
tries, and,  in  return  for  said  preferential  rates  of  duty  granted  to  the 
Eepublic  of  Cuba  by  the  United  States,  it  is  agreed  that  the  conces- 
sion herein  granted  on  the  part  of  the  said  Republic  of  Cuba  to  the 
products  of  the  United  States  shall  likewise  be,  and  shall  continue, 
during  the  term  of  this  convention,  jireferential  in  respect  to  all  like 
imports  from  other  countries.  Provided,  That  while  this  convention 
is  in  force,  no  sugar  imported  from  the  Republic  of  Cuba,  and  being 
the  product  of  the  soil  or  industry  of  the  Republic  of  Cuba,  shall  be 
admitted  into,  the  United  States  at  a reduction  of  duty  greater  than 
twenty  per  centum  of  the  rates  of  duty  thereon  as  provided  by  the 
tariff  act  of  the  United  States  approved  July  2d,  1897,  and  no  sugar, 
the  product  of  any  other  foreign  country,  shall  be  admitted  by  treaty 
or  convention  into  the  United  States,  while  this  convention  is  in 
force,  at  a lower  rate  of  duty  than  that  provided  by  the  tariff  act  of 
the  United  States  approved  July  24,  1897. 

Article  IX. 

In  order  to  maintain  the  mutual  advantages  granted  in  the  present 
convention  by  the  United  States  to  the  Republic  of  Cuba  and  by  the 
Republic  of  Cuba  to  the  United  States,  it  is  understood  and  agreed 
that  any  tax  or  charge  that  may  be  imposed  by  the  national  or  local 
authorities  of  either  of  the  two  countries  upon  the  articles  of  mer- 
chandise embraced  in  the  provisions  of  this  convention,  subsequent  to 
importation  and  iirior  to  their  entering  into  consumption  in  the 
respective  countries,  shall  be  imposed  and  collected  without  discrimi- 
nation upon  like  articles  whencesoever  imported. 

Article  X. 

It  is  hereby  understood  and  agreed  that  in  case  of  changes  in  the 
tariff  of  either  country  which  deprive  the  other  of  the  advantage 
which  is  represented  by  the  percentages  herein  agreed  upon,  on  the 
actual  rates  of  the  tariffs  now  in  force,  the  country  so  deprived  of 
this  protection  reserves  the  right  to  terminate  its  obligations  under 
this  convention  after  six  months’  notice  to  the  other  of  its  intention 
to  arrest  the  operations  thereof. 

And  it  is  further  understood  and  agreed  that  if,  at  any  time  during 
the  term  of  this  convention,  after  the  expiration  of  the  first  year,  the 
protection  herein  granted  to  the  products  and  manufactures  of  the 
United  States  on  the  basis  of  the  actual  rates  of  the  tariff  of  the 
Republic  of  Cuba  now  in  force,  should  appear  to  the  government  of 
the  said  Republic  to  be  excessive  in  view  of  a new  tariff  law  that  may 
be  adopted  by  it  after  this  convention  becomes  operative,  then  the 
said  Republic  of  Cuba  may  reopen  negotiations  with  a view  to  secur- 
ing such  modifications  as  may  appear  proper  to  both  contracting 
parties. 

Article  XI. 

The  present  convention  shall  be  ratified  by  the  appropriate  authori- 
ties of  the  respective  countries,  and  the  ratifications  shall  be  ex- 
changed at  Washington,  District  of  Columbia,  United  States  of 


CUBA 1902-1903. 


357 


America,  as  soon  as  may  be  before  the  thirty-first  day  of  January, 
1903,  and  the  convention  shall  go  into  effect  on  the  tenth  day  after 
the  exchange  of  ratifications,  and  shall  continue  in  force  for  the  term 
of  five  (5)  years  from  date  of  going  into  effect,  and  from  year  to  year 
(hereafter  until  the  expiration  of  one  year  from  the  day  when  either 
of  the  contracting  j^arties  shall  give  notice  to  the  other  of  its  inten- 
tion to  terminate  the  same. 

This  convention  shall  not  take  effect  until  the  same  shall  have  been 
apjjroved  by  the  Congress. 

In  witness  whereof  we,  the  respective  Plenipotentiaries,  have  signed 
the  same  in  duplicate,  in  English  and  Spanish,  and  have  affixed  our 
respective  seals,  at  Havana,  Cuba,  this  eleventh  day  of  December,  in 
the  year  one  thousand  nine  hundred  and  two. 

Tasker  H.  Bliss  [seal.] 

Carlos  de  Zaldo  [seal.] 

Jose  M.  Garcl\  Montes  [seal.] 


1903. 

Supplementary  Commercial  Convention. 

Concluded  January  ^6“,  1903;  ratification  advised  hy  the  senate  Feh- 
ruai^  16^  1903;  ratified  hy  the  President  March  30,  1903;  ratifica- 
tions exchanged  March  31,  1903;  froclaimed  December  17,  1903. 

The  President  of  the  United  States  of  America  and  the  President 
of  the  Republic  of  Cuba  considering  it  expedient  to  prolong  the 
period  within  which,  by  Article  XI  of  the  Commercial  Convention, 
signed  by  their  respective  plenipotentiaries  at  Habana  on  December 
11,  1902,  the  exchange  of  ratifications  of  the  said  convention  shall 
take  place,  have  for  that  purpose  appointed  their  respective  plenipo- 
tentiaries, namely: 

The  President  of  the  United  States  of  America,  John  Hay,  Secre- 
tary of  State  of  the  United  States  of  America ; and 

The  President  of  Cuba,  Gonzalo  de  Quesada,  Envoy  Extraordinary 
and  Minister  Plenipotentiary  to  the  United  States ; 

Who,  after  having  communicated  each  to  the  other  their  respective 
full  powers,  which  were  found  to  be  in  good  and  due  form  have 
agreed  upon  the  following  additional  and  amendatory  article  to  be 
taken  as  a part  of  said  Convention : 

SOLE  ARTICLE. 

The  respective  ratifications  of  the  said  Convention  shall  be  ex- 
changed as  soon  as  possible,  and  within  two  months  from  January 
31,  1903. 

Done  in  duplicate  at  Washington  this  twenty-sixth  day  of  January 
A.  D.  1903. 

John  Hay  [seal] 

Gonzalo  de  Quesada  [seal] 


358 


TKEATIES,  CONVENTIONS,  ETC. 


1903. 

Agreement  for  the  Lease  to  the  United  States  of  Lands  in 
Cuba  for  Coaling  and  Naval  Stations. 

Signed  hy  the  President  of  Cuba  February  16, 1903,  and  by  the  Presi- 
dent of  the  United  States  Febrxoary  23,  1903. 

Akticles. 

I.  Lease  of  land.  I III.  Jurisdiction. 

II.  Waters.  I 

AGEEEMENT 

Between  the  United  States  of  America  and  the  Republic  of  Cuba  for 
the  lease  (subject  to  terms  to  be  agreed  upon  by  the  two  Govern- 
ments) to  the  United  States  of  lands  in  Cuba  for  coaling  and  naval 
stations. 

The  United  States  of  America  and  the  Republic  of  Cuba,  being 
desirous  to  execute  fully  the  provisions  of  Article  VII  of  the  Act  of 
Congress  approved  March  second,  1901,  and  of  Article  VII  of  the 
Appendix  to  the  Constitution  of  the  Republic  of  Cuba  promulgated 
on  the  20th  of  May,  1902,  which  provide : 

“Article  VII.  To  enable  the  United  States  to  maintain  the  inde- 
pendence of  Cuba,  and  to  protect  the  people  thereof,  as  well  as  for  its 
own  defense,  the  Cuban  Government  will  sell  or  lease  to  the  United 
States  the  lands  necessary  for  coaling  or  naval  stations,  at  certain 
specified  points,  to  be  agreed  upon  with  the  President  of  the  United 
States.” 

have  reached  an  agreement  to  that  end,  as  follows : 

Article  I. 

The  Republic  of  Cuba  hereby  leases  to  the  United  States,  for  the 
time  required  for  the  purposes  of  coaling  and  naval  stations,  the  fol- 
lowing described  areas  of  land  and  water  situated  in  the  Island  of 
Cuba : 

1st.  In  Guantanamo  (see  Hydrographic  Office  Chart  1857). 

From  a point  on  the  south  coast,  4.37  nautical  miles  to  the  eastward 
of  Windward  Point  Light  House,  a line  running  north  (true)  a dis- 
tance of  4.25  nautical  miles; 

From  the  northern  extremity  of  this  line,  a line  running  west 
(true),  a distance  of  5.87  nautical  miles; 

From  the  western  extremity  of  this  last  line,  a line  running  south- 
west (true),  3.31  nautical  miles; 

From  the  southwestern  extremity  of  this  last  line,  a line  running 
south  (true),  to  the  seacoast. 

This  lease  shall  be  subject  to  all  the  conditions  named  in  Article  II 
of  this  agreement. 

2nd.  In  Northwestern  Cuba  (see  Hydrographic  Office  Chart  2036). 
In  Bahia  Honda  (see  Hydrographic  Ofece  Chart  520b). 


CUBA — ^1903, 


359 


All  that  land  included  in  the  peninsula  containing  Cerro  del 
Morrillo  and  Punta  del  Carenero  situated  to  the  westward  of  a line 
running  south  (true)  from  the  north  coast  at  a distance  of  thirteen 
hundred  yards  east  (true)  from  the  crest  of  Cerro  del  Morrillo,  and 
all  the  adjacent  waters  touching  upon  the  coast  line  of  the  above 
described  peninsula  and  including  the  estuary  south  of  Punta  del 
Carenero  Avith  the  control  of  the  headwaters  as  necessary  for  sanitary 
and  other  purposes. 

And  in  addition  all  that  piece  of  land  and  its  adjacent  waters  on 
the  western  side  of  the  entrance  to  Bahia  Honda  included  between 
the  shore  line  and  a line  running  north  and  south  (true)  to  low 
water  marks  through  a point  which  is  west  (true)  distant  one  nautical 
mile  from  Pta.  del  Cayman. 


Article  II. 

The  grant  of  the  foregoing  Article  shall  include  the  right  to  use  and 
occupy  the  waters  adjacent  to  said  areas  of  land  and  water,  and  to 
improve  and  deepen  the  entrances  thereto  and  the  anchorages  therein, 
and  generally  to  do  any  and  all  things  necessary  to  fit  the  premises 
for  use  as  coaling  or  naval  stations  only,  and  for  no  other  purpose. 

Vessels  engaged  in  the  Cuban  trade  shall  have  free  passage  through 
the  waters  included  within  this  grant. 

Article  III. 

While  on  the  one  hand  the  United  States  recognizes  the  continuance 
of  the  ultimate  sovereignty  of  the  Republic  of  Cuba  over  the  above 
described  areas  of  land  and  water,  on  the  other  hand  the  Republic  of 
Cuba  consents  that  during  the  period  of  the  occupation  by  the  United 
States  of  said  areas  under  the  terms  of  this  agreement  the  United 
States  shall  exercise  complete  jurisdiction  and  control  over  and  Avithin 
said  areas  with  the  right  to  acquire  (under  conditions  to  be  hereafter 
agreed  upon  by  the  two  Governments)  for  the  public  purposes  of  the 
United  States  any  land  or  other  property  therein  by  purchase  or  by 
exercise  of  eminent  domain  with  full  compensation  to  the  owners 
thereof. 

Done  in  duplicate  at  Habana,  and  signed  by  the  President  of  the 
Republic  of  Cuba  this  sixteenth  day  of  February,  1903. 

[seal]  T.  Estrada  Palma. 

Signed  by  the  President  of  the  United  States  the  twenty  third  of 
February,  1903. 

[seal] 


Theodore  Roosevelt 


360 


TKEATIES.  CONVENTIONS,  ETC. 


1903. 

Lease  to  the  United  States  by  Cuba  of  Land  and  Water  for 
Naval  or  Coaling  Stations  in  Guantanamo  and  Bahia  Honda. 

Signed  July  £,  1903;  approved  hy  the  President  October  2,  1903; 
ratified  by  the  President  of  Cuba  August  17,  1903;  ratifications 
exchanged  October  6, 1903. 


Articles. 


I.  Eental ; acquirement  of  land ; pay- 
ment. 

II.  Survey. 

III.  Occupation. 


IV.  Fugitives. 

V.  Duties,  etc. 
VI.  Jurisdiction. 
VII.  Ratification. 


The  United  States  of  America  and  the  Republic  of  Cuba,  being 
desirous  to  conclude  the  conditions  of  the  lease  of  areas  of  land  and 
water  for  the  establishment  of  naval  or  coaling  stations  in  Guantanamo 
and  Bahia  Honda  the  Republic  of  Cuba  made  to  the  United  States 
by  the  x\greement  of  February  lG/23,  1903,  in  fulfillment  of  the  pro- 
visions of  Article  Seven  of  the  Constitutional  Appendix  of  the  Re- 
public of  Cuba,  have  appointed  their  Plenipotentiaries  to  that  end. — 
The  President  of  the  United  States  of  America,  Herbert  G.  Squiers, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  in  Havana, 

And  the  President  of  the  Republic  of  Cuba,  Jose  ]\I.  Garcia 
Montes,  Secretary  of  Finance,  and  acting  Secretary  of  State  and 
Justice,  who,  after  communicating  to  each  other  their  respective  full 
powers,  found  to  be  in  due  form,  have  agreed  upon  the  following 
Articles ; — 

Article  I. 


The  United  States  of  xVmerica  agrees  and  covenants  to  pay  to  the 
Republic  of  Cuba  the  annual  sum  of  two  thousand  dollars,  in  gold 
coin  of  the  United  States,  as  long  as  the  former  shall  occupy  and 
use  said  areas  of  land  by  virtue  of  said  Agreement. 

All  private  lands  and  other  real  property  within  said  areas  shall 
be  acquired  forthwith  by  the  Republic  of  Cuba. 

The  United  States  of  America  agrees  to  furnish  to  the  Republic  of 
Cuba  the  sums  necessary  for  the  purchase  of  said  private  lands  and 
properties  and  such  sums  shall  be  accepted  by  the  Republic  of  Cuba 
as  advance  payment  on  account  of  rental  due  by  virtue  of  said  Agree- 
ment. 

Article  TT. 


The  said  areas  shall  be  surveyed  and  their  boundaries  distinctly 
marked  by  permanent  fences  or  inclosures. 

The  expenses  of  construction  and  maintenance  of  such  fences  or 
inclosures  shall  be  borne  by  the  United  States. 

Article  III. 

The  United  States  of  America  agrees  that  no  jierson,  partnership, 
or  corporation  shall  be  permitted  to  establish  or  maintain  a commer- 
cial, industrial  or  other  enterprise  within  said  areas. 


CUBA — 1903. 


361 


Article  IV. 

Fugitives  from  justice  charged  with  crimes  or  misdemeanors  amen- 
able to  Cuban  law,  taking  refuge  within  said  areas,  shall  be  delivered 
up  by  the  United  States  authorities  on  demand  by  duly  authorized 
Cuban  authorities. 

On  the  other  hand  the  Republic  of  Cuba  agrees  that  fugitives  from 
justice  charged  with  crimes  or  misdemeanors  amenable  to  United 
States  law,  committed  within  said  areas,  taking  refuge  in  Cuban 
territory,  shall  on  demand,  be  delivered  up  to  duly  authorized  United 
States  authorities. 

Article  V. 

Materials  of  all  kinds,  merchandise,  stores  and  munitions  of  war 
imported  into  said  areas  for  exclusive  use  and  consumption  therein, 
shall  not  be  subject  to  payment  of  customs  duties  nor  any  other  fees 
or  charges  and  the  vessels  which  may  carry  same  shall  not  be  subject 
to  payment  of  jiort,  tonnage,  anchorage  or  other  fees,  except  in  case 
said  vessels  shall  be  discharged  without  the  limits  of  said  areas ; and 
said  vessels  shall  not  be  discharged  without  the  limits  of  said  areas 
otherwise  than  through  a regular  port  of  entry  of  the  Republic  of 
Cuba  when  both  cargo  and  vessel  shall  be  subject  to  all  Cuban  Cus- 
toms laws  and  regulations  and  payment  of  corresponding  duties  and 
fees. 

It  is  further  agreed  that  such  materials,  merchandise,  stores  and 
munitions  of  war  shall  not  be  transported  from  said  areas  into  Cuban 
Territory. 

Article  VI. 

Except  as  provided  in  the  preceding  Article  vessels  entering  into  or 
departing  from  the  Bays  of  Guantanamo  and  Bahia  Honda  within 
the  limits  of  Cuban  territory  shall  be  subject  exclusively  to  Cuban 
laws  and  authorities  and  orders  emanating  from  the  latter  in  all  that 
respects  port  police.  Customs  or  Health,  and  authorities  of  the  United 
States  shall  place  no  obstacle  in  the  way  of  entrance  and  departure  of 
said  vessels  except  in  case  of  a state  of  war. 

Article  VII. 

This  lease  shall  be  ratified  and  the  ratifications  shall  be  exchanged 
in  the  City  of  Washington  within  seven  months  from  this  date. 

In  witness  whereof.  We,  the  respective  Plenipotentiaries,  have 
signed  this  lease  and  hereunto  affixed  our  Seals. 

Done  at  Havana,  in  duiolicate  in  English  and  Spanish  this  second 
day  of  July  nineteen  hundred  and  three. 

[seal.]  H.  G.  Squiers. 

[seal.]  Jose  M.  Garcia  Montes. 


362 


TREATIES,  CONVENTIONS,  ETC. 


1903.“ 

Relations  avith  Cuba. 

Concluded  May  ^2,  1903;  ratification  advised  hy  Senate  March  22^ 
190 If.;  ratified  hy  the  President  June  25,  190 If.;  ratifications  ex- 
changed July  1,  1904.  Proclaimed  July  2,  190\. 

Articles. 


I.  Treaties  with  foreign  powers. 

II.  Public  debts. 

III.  Intervention  to  maintain  inde- 
pendence. 

lA'’.  Acts  during  military  occupation. 


V.  Sanitation  of  cities. 
AT.  Island  of  Pines. 
VII.  Coaling  stations. 
ATII.  Ratification. 


Whereas  the  Congress  of  the  United  States  of  America,  by  an  Act 
approved  March  2,  1901,  provided  as  folloAvs : 

Provided  further.  That  in  fulfillment  of  the  declaration  contained 
in  the  joint  resolution  approved  April  twentieth,  eighteen  hundred 
and  ninety-eight,  entitled,  “ For  the  recognition  of  the  independence 
of  the  people  or  Cuba,  demanding  that  the  Government  of  Spain 
relinquish  its  authority  and  government  in  the  island  of  Cuba,  and  to 
withdraw  its  land  and  naval  forces  from  Cuba  and  Cuban  waters, 
and  directing  the  President  of  the  United  States  to  use  the  land  and 
naval  forces  of  the  United  States  to  carry  these  resolutions  into 
effect,”  the  President  is  hereby  authorized  to  “ leave  the  government 
and  control  of  the  island  of  Cuba  to  its  people  ” so  soon  as  a govern- 
ment shall  haA^e  been  established  in  said  island  under  a constitution 
which,  either  as  a part  thereof  or  in  an  ordinance  appended  thereto, 
shall  define  the  future  relations  of  the  United  States  with  Cuba,  sub- 
stantially as  follows : 

“ I.  That  the  government  of  Cuba  shall  never  enter  into  any  treaty 
or  other  compact  Avith  any  foreign  power  or  powers  which  will  impair 
or  tend  to  impair  the  independence  of  Cuba,  nor  in  any  manner  au- 
thorize or  permit  any  foreign  ^oower  or  jiowers  to  obtain  by  coloniza- 
tion or  for  military  or  naval  purposes  or  otherwise,  lodgment  in  or 
control  OA^er  any  portion  of  said  island.” 

“ II.  That  said  government  shall  not  assume  or  contract  an}'^  public 
debt,  to  pay  the  interest  upon  which,  and  to  make  reasonable  sinking 
fund  provision  for  the  ultimate  discharge  of  which,  the  ordinary 
revenues  of  the  island,  after  defraying  the  current  expenses  of  gov- 
ernment shall  be  inadequate.” 

“ III.  That  the  goA^ernment  of  Cuba  consents  that  the  United  States 
may  exercise  the  right  to  intervene  for  the  preservation  of  Cuban  inde- 
pendence, the  maintenance  of  a government  adequate  for  the  protec- 
tion of  life,  property,  and  indiAudual  liberty,  and  for  discharging  the 
obligations  Avith  respect  to  Cuba  imposed  by  the  treaty  of  Paris  on 
the  United  States,  now  to  be  assumed  and  undertaken  by  the  gov- 
ernment of  Cuba.” 

“ IV.  That  all  Acts  of  the  United  States  in  Cuba  during  its  mili- 
tary occupancy  thereof  are  ratified  and  validated,  and  all  lawful 
rights  acquired  thereunder  shall  be  maintained  and  protected.” 


“O’Reilly  de  Camara  v.  Brooke  (209  U.  S.,  45)  ; American  Sugar  Refining  Co. 
v.  United  States  (136  Fed.  Rep.,  508). 


CUBA — 1903. 


363 


“ V.  That  the  government  of  Cuba  will  execute,  and  as  far  as 
necessary  extend,  the  plans  already  devised  or  other  plans  to  be 
mutually  agreed  upon,  for  the  sanitation  of  the  cities  of  the  island, 
to  the  end  that  a recurrence  of  epidemic  and  infectious  diseases  may 
be  prevented  thereby  assuring  protection  to  the  people  and  commerce 
of  Cuba,  as  well  as  to  the  commerce  of  the  southern  ports  of  the 
United  States  and  the  people  residing  therein.” 

“ VI.  That  the  Isle  of  Pines  shall  be  omitted  from  the  proposed 
constitutional  boundaries  of  Cuba,  the  title  thereto  being  left  to 
future  adjustment  by  treaty.” 

“ VII.  That  to  enable  the  United  States  to  maintain  the  inde- 
pendence of  Cuba,  and  to  protect  the  people  thereof,  as  well  as  for 
its  own  defense,  the  government  of  Cuba  will  sell  or  lease  to  the 
United  States  lands  necessary  for  coaling  or  naval  stations  at  certain 
specified  points  to  be  agreed  upon  with  the  President  of  the  United 
States. 

“ VIII.  That  by  way  of  further  assurance  the  government  of  Cuba 
will  embody  the  foregoing  provisions  in  a permanent  treaty  with 
the  United  States.” 

"Whereas  the  Constitutional  Convention  of  Cuba,  on  June  twelfth, 
1901,  adopted  a Resolution  adding  to  the  Constitution  of  the  Re- 
public of  Cuba  which  was  adopted  on  the  twenty-first  of  February 
1901,  an  appendix  in  the  words  and  letters  of  the  eight  enumerated 
articles  of  the  above  cited  act  of  the  Congress  of  the  United  States; 

And  whereas,  by  the  establishment  of  the  independent  and  sover- 
eign government  of  the  Republic  of  Cuba,  under  the  constitution 
promulgated  on  the  20th  of  May,  1902,  which  embraced  the  fore- 
going conditions,  and  by  the  withdrawal  of  the  Government  of  the 
United  States  as  an  intervening  power,  on  the  same  date,  it  becomes 
necessary  to  embody  the  above  cited  provisions  in  a permanent  treaty 
between  the  United  States  of  America  and  the  Republic  of  Cuba ; 

The  United  States  of  America  and  the  Republic  of  Cuba,  being 
desirous  to  carry  out  the  foregoing  conditions,  have  for  that  pur- 
pose appointed  as  their  plenipotentiaries  to  conclude  a treaty  to 
that  end, 

The  President  of  the  United  States  of  America,  Herbert  G.  Squiers, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  at  Havana, 

And  the  President  of  the  Republic  of  Cuba,  Carlos  de  Zaldo  y 
Beurmann,  Secretary  of  State  and  Justice, — who  after  communica- 
ting to  each  other  their  full  powers  found  in  good  and  due  form,  have 
agreed  upon  the  following  articles : 


Article  I. 

The  Government  of  Cuba  shall  never  enter  into  any  treaty  or  other 
compact  with  any  foreign  power  or  powers  which  will  impair  or  tend 
to  impair  the  independence  of  Cuba,  nor  in  any  manner  authorize  or 
permit  any  foreign  power  or  powers  to  obtain  by  colonization  or  for 
military  or  naval  purposes,  or  otherwise,  lodgment  in  or  control  over 
any  portion  of  said  island. 

Article  II. 

The  Government  of  Cuba  shall  not  assume  or  contract  any  public 
debt  to  pay  the  interest  upon  which,  and  to  make  reasonable  sinking- 


364 


TREATIES,  CONVENTIONS,  ETC. 


fund  provision  for  the  ultimate  discharge  of  which,  the  ordinary 
revenues  of  the  Island  of  Cuba,  after  defraying  the  current  expenses 
of  the  Government,  shall  be  inadequate. 

Article  III. 

The  Government  of  Cuba  consents  that  the  United  States  may 
exercise  the  right  to  intervene  for  the  preservation  of  Cuban  inde- 
Iiendence,  the  maintenance  of  a government  adequate  for  the  protec- 
tion of  life,  property,  and  individual  liberty,  and  for  discharging 
the  obligations  with  respect  to  Cuba  imposed  by  the  Treaty  of  Paris 
on  the  United  States,  now  to  be  assumed  and  undertaken  by  the 
Government  of  Cuba. 

Article  IV. 

All  acts  of  the  United  States  in  Cuba  during  its  military  occupancy 
thereof  are  ratified  and  validated,  and  all  lawful  rights  acquired 
thereunder  shall  be  maintained  and  protected. 

Article  V. 

The  Government  of  Cuba  will  execute,  and,  as  far  as  necessary, 
extend  the  plans  already  devised,  or  other  plans  to  be  mutually 
agreed  upon,  for  the  sanitation  of  the  cities  of  the  island,  to  the  end 
that  a recurrence  of  epidemic  and  infectious  diseases  may  be  pre- 
vented, thereby  assuring  protection  to  the  people  and  commerce  of 
Cuba,  as  well  as  to  the  commerce  of  the  Southern  ports  of  the  United 
States  and  the  people  residing  therein. 

Article  VI. 

The  Island  of  Pines  shall  be  omitted  from  the  boundaries  of  Cuba 
specified  in  the  Constitution,  the  title  thereto  being  left  to  future 
adjustment  by  treaty. 


Article  VII. 

To  enable  the  United  States  to  maintain  the  independence  of  Cuba, 
and  to  protect  the  people  thereof,  as  well  as  for  its  own  defense,  the 
Government  of  Cuba  will  sell  or  lease  to  the  United  States  lands 
necessary  for  coaling  or  naval  stations,  at  certain  specified  points,  to 
be  agreed  upon  with  the  President  of  the  United  States. 

Article  VIII. 

Tlie  present  Convention  shall  be  ratified  by  each  party  in  con- 
formity with  the  respective  Constitutions  of  the  two  countries,  and 
the  ratifications  shall  be  exchanged  in  the  City  of  Washington  within 
eight  months  from  this  date. 

In  witness  whereof,  we  the  respective  Plenipotentiaries,  have 
signed  the  same  in  duplicate,  in  English  and  Spanish,  and  have 
affixed  our  respective  seals  at  Havana,  Cuba,  this  twenty-second  day 
of  May,  in  the  year  nineteen  hundred  and  three. 

H.  G.  Squiers.  [seal.] 
Carlos  de  Zaldo.  [seal.] 


CUBA — 1903-1904. 


365 


1903. 


COPYKIGHT. 

BY  THE  PRESIDENT  OF  THE  tTNlTED  STATOS  OF  AMERICA, 
A PROCLAMATION. 


Whereas,  it  is  provided  by  section  13  of  the  act  of  Congress  of 
March  3,  1891,  entitled  “An  act  to  amend  title  sixty,  chapter  three,  of 
the  Revised  Statutes  of  the  United  States,  relating  to  copyrights  ”, 
that  said  act  “ shall  only  apply  to  a citizen  or  subject  of  a foreign 
state  or  nation  Avhen  such  foreign  state  or  nation  permits  to  citizens 
of  the  United  States  of  America  the  benefit  of  copyright  on  substan- 
tially the  same  basis  as  its  own  citizens;  or  when  such  foreign  state 
or  nation  is  a party  to  an  international  agreement  which  provides 
for  reciprocity  in  the  granting  of  copyright,  by  the  terms  of  which 
agreement  the  United  States  of  America  may,  at  its  pleasure,  become 
a party  to  such  agreement  ” ; 

And  Whereas  it  is  also  provided  by  said  section  that  “ the  existence 
of  either  of  the  conditions  aforesaid  shall  be  determined  by  the  Presi- 
dent of  the  United  States  by  proclamation  made  from  time  to  time 
as  the  purposes  of  this  act  may  require  ” ; 

And  Whereas  satisfactory  official  assurances  have  been  given  that 
in  Cuba  the  law  permits  to  citizens  of  the  United  States  the  benefit 
of  copvright  on  substantiallv  the  same  basis  as  to  the  citizens  of 
Cuba : ■ 


Now,  Therefore,  I,  Theodore  Roosevelt,  President  of  the  United 
States  of  America,  do  declare  and  proclaim  that  the  first  of  the  con- 
ditions specified  in  section  13  of  the  act  of  March  3,  1891,  now  exists 
and  is  fulfilled  in  respect  to  the  citizens  of  Cuba. 

In  Testimony  Whereof,  I have  hereunto  set  my  hand  and  caused 
the  seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington  this  17th  day  of  November 
one  thousand  nine  hundred  and  three  and  of  the  inde- 
[SEAL.J  pendence  of  the  United  States  the  one  hundred  and 
twenty-eighth. 


Theodore  Roosevelt 


By  the  President : 

John  Hay 

Secretary  of  State. 


1904. 

Relations  with  Cuba  (Supplementary). 

Signed  January  20, 190 Jf;  ratification  advised  hy  Senate  January  27, 
190 If.;  ratified  hy  the  President  June  25,  1901^;  ratifieations  ex- 
changed Jxdy  1, 190 If,’  f reclaimed  Jidy  2, 190 1^. 

The  United  States  of  America  and  the  Republic  of  Cuba,  consider- 
ing it  expedient  to  prolong  the  period  within  which,  by  Article  VIII 
of  the  treaty  signed  by  their  respective  plenipotentiaries  on  May  22, 
1903,  embodying  the  provisions  defining  the  future  relations  of  the 


366 


TREATIES,  CONVENTIONS,  ETC. 


United  States  with  Cuba,  contained  in  the  act  of  Congress  of  the 
United  States  approved  March  2,  1901,  the  exchange  of  ratifications 
of  the  said  treaty  shall  take  place,  have  for  that  purpose  appointed 
their  respective  Plenipotentiaries,  namely : 

The  President  of  the  United  States  of  America,  John  Hay,  Secre- 
tary of  State  of  the  United  States;  and 

The  President  of  Cuba,  Gonzalo  de  Quesada,  Envoy  Extraordinary 
and  Minister  Plenipotentiary  of  Cuba  at  Washington :,  who,  after 
having  communicated  to  each  other  their  respective  full  powers,  found 
in  good  and  due  form,  have  agreed  upon  the  following  additional 
article  to  be  taken  as  part  of  said  treaty. 

Sole  Article. 

The  respective  ratifications  of  the  said  treaty  shall  be  exchanged 
as  soon  as  possible  and  within  six  months  from  January  21,  1904. 

Done  in  duplicate  at  Washington  in  the  English  and  Spanish 
languages,  this  20th  day  of  January  A.  D.  1904. 

J ohn  Hay  [seal] 

Gonzalo  de  Quesada  [seal] 


1904. 


Extradition  Treaty. 


Concluded  April  6,  190 If.;  ratification  advised  hy  the  senate  April  26, 
1904/  ratified  hy  the  President  January  24,  1905;  ratifications  ex- 
changed January  31,  1905;  proclaimed  February  8,  1905. 


I.  Persons  to  be  delivered. 
II.  Extraditable  crimes. 

III.  Requisition ; procedure. 

IV.  Arrest  on  tele?:rapb. 

V.  Nondelivery  of  citizens. 
VI.  Political  offenses. 

VII.  Limitations. 


Articles. 

VIII.  Offense  for  which  to  be  tried. 

IX.  Articles  in  possession  of  ac- 
cused. 

X.  Persons  claimed  by  other  coun- 
tries. 

XI.  Expenses. 

XII.  Ratifications ; duration. 


The  United  States  of  America  and  the  Kepublic  of  Cuba,  being 
desirous  to  confirm  their  friendly  relations  and  cooperate  to  promote 
the  cause  of  justice,  have  resolved  to ‘conclude  a treaty  for  the  extra- 
dition of  fugitives  from  justice  between  the  United  States  of  America 
and  the  Republic  of  Cuba,  and  have  appointed  for  that  purpose  the 
following  Plenipotentiaries : 

The  President  of  the  United  States  of  America,  John  Hay,  Sec- 
retary of  State  of  the  United  States  of  America;  and 

The  President  of  the  Republic  of  Cuba,  Gonzalo  de  Quesada, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the  Republic 
of  Cuba  to  the  United  States  of  America ; 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers,  found  in  good  and  due  form,  have  agreed  upon  and 
concluded  the  following: 


CUBA — 1904. 


367 


Article  I. 

The  Government  of  the  United  States  of  America  and  the  Gov- 
ernment of  the  Kepublic  of  Cuba  mutually  agree  to  deliver  up  per- 
sons who,  having  been  charged  as  principals,  accomplices  or  acces- 
sories with  or  convicted  of  any  crimes  or  offenses  specified  in  the 
following  article,  and  committed  within  the  jurisdiction  of  one  of 
the  high  contracting  parties,  shall  seek  an  asylum  or  be  found  within 
the  territories  of  the  other:  Provided  that  this  shall  only  be  done 
upon  such  evidence  of  criminality  as,  according  to  the  laws  of  the 
place  where  the  fugitive  or  person  so  charged  shall  be  found,  would 
justify  his  or  her  apprehension  and  commitment  for  trial  if  the 
crime  or  offense  had  been  there  committed. 

Article  II. 

Extradition  shall  be  granted  for  the  following  crimes  and  offenses : 

1.  Murder,  comprehending  the  offenses  expressed  in  the  Penal 
Code  of  Cuba  as  assassination,  parricide,  infanticide  and  poisoning; 
manslaughter,  when  voluntary;  the  attempt  to  commit  any  of  these 
crimes. 

2.  Arson. 

3.  Robbery,  defined  to  be  the  act  of  feloniously  and  forcibly  taking 
from  the  person  of  another  money,  goods,  documents,  or  other  prop- 
erty, by  violence  or  putting  him  in  fear;  burglary;  housebreaking 
and  shopbreaking. 

4.  Forgery,  or  the  utterance  of  forged  papers,  or  falsification  of 
the  official  acts  or  documents  of  the  Government  or  public  authority, 
including  courts  of  justice,  or  the  utterance  or  fraudulent  use  of  any 
of  the  same. 

5.  The  fabrication  of  counterfeit  money,  whether  coin  or  paper, 
counterfeit  titles  or  coupons  of  public  debt,  bank-notes,  or  other  in- 
struments of  public  credit;  of  counterfeit  seals,  stamps,  dies  and 
marks  of  state  or  public  administration,  and  the  utterance,  circula- 
tion or  fraudulent  use  of  any  of  the  above  mentioned  objects. 

6.  Embezzlement  by  public  officers  or  depositaries;  embezzlement 
by  persons  hired  or  salaried  to  the  detriment  of  their  employers ; ob- 
taining money,  valuable  securities  or  other  personal  property  by  false 
devices,  when  such  act  is  made  criminal  by  the  laws  of  both  countries 
and  the  amount  of  money  or  value  of  the  property  so  obtained  is 
not  less  than  two  hundred  dollars  in  gold. 

7.  Fraud  or  breach  of  trust  (or  the  corresponding  crime  expressed 
in  the  Penal  Code  of  Cuba  as  defraudation)  by  a bailee,  banker,  agent, 
factor,  trustee,  or  other  person  acting  in  a fiduciary  capacity,  or 
director  or  member  or  officer  of  any  company,  when  such  act  is  made 
criminal  by  the  laws  of  both  countries  and  the  amount  of  money 
or  the  value  of  the  property  misappropriated  is  not  less  than  two 
hundred  dollars  in  gold. 

8.  Perjury;  subornation  of  perjury. 

9.  Bribery;  defined  to  be  the  giving,  offering  or  receiving  of  a 
reward  to  influence  one  in  the  discharge  of  a legal  duty. 

10.  Rape,  bigamy. 


368 


TREATIES,  CONVENTIONS,  ETC. 


11.  Wilful  and  unlawful  destruction  or  obstruction  of  railroads, 
trains,  bridges,  vehicles,  vessels  or  other  means  of  transportation  or 
imblic  or  private  buildings,  when  the  act  committed  endangers  human 
life. 

1‘2.  Crimes  committed  at  sea,  to  wit: 

(a)  Piracy,  by  statute  or  by  the  law  of  nations. 

(b)  Eevolt,  or  conspiracy  to  revolt,  by  two  or  more  persons  on 
board  a ship  on  the  high  seas  against  the  authority  of  the  master. 

(c)  Wrongfidly  sinking  or  destroying  a vessel  at  sea,  or  attempting 
to  do  so. 

(d)  Assaults  on  board  a ship  on  the  high  seas  with  intent  to  do 
grievous  bodily  harm. 

13.  Crimes  and  offenses  against  the  laws  of  both  countries  for  the 
suppression  of  slavery  and  slave-trading. 

14.  Kidnapping  of  minors  or  adults,  defined  to  be  the  abduction 
or  detention  of  a person  or  persons  in  order  to  exact  money  from 
them  or  their  families,  or  for  any  other  unlawful  end. 

15.  Larceny,  defined  to  be  the  theft  of  money,  effects,  documents, 
horses,  cattle,  live-stock  or  any  other  movable  property  of  the  value 
of  more  than  fifty  dollars. 

IG.  Obtaining  by  threats  of  doing  injury,  money,  valuables  or 
other  personal  property. 

17.  Mayhem  and  other  wilful  mutilation  causing  disability  or 
death. 

Extradition  is  to  take  place  for  participation  in  any  of  the  crimes 
and  offenses  mentioned  in  this  treaty  not  only  as  principal  or  accom- 
plices, but  as  accessories  in  any  of  the  crimes  or  offenses  mentioned 
in  the  jiresent  article,  provided  such  participation  may  be  punished, 
in  the  LTnited  States  as  a felony  and  in  the  Republic  of  Cuba  by 
imprisonment,  hard  labor  or  capital  punishment. 

f 

Article  III. 

Requisitions  for  the  surrender  of  fugitives  from  justice  shall  be 
made  by  the  diplomatic  agents  of  the  contracting  parties,  or  in  the 
absence  of  these  from  the  country  or  its  seat  of  government,  may  be 
made  bt^  the  superior  consular  officers. 

If  the  iierson  whose  extradition  is  requested  shall  have  been  con- 
victed of  a crime  or  offense,  a duly  authenticated  copy  of  the  sentence 
of  the  court  in  which  he  was  convicted,  or  if  the  fugitive  is  merely 
charged  with  a crime  or  offense,  a duly  authenticated  copy  of  the 
warrant  of  arrest  in  the  country  Avhere  the  crime  or  offense  has  been 
committed,  and  of  the  deiiositions  or  other  evidence  upon  which  such 
Avarrant  Avas  issued,  shall  be  produced.  In  both  cases  wheneA^er 
liossible  all  facts  and  data  necessary  to  establish  the  identity  of  the 
lierson  Avhose  extradition  is  sought  shall  also  be  presented. 

The  extradition  of  the  fugitiA^es  under  the  iirovisions  of  this  treaty 
shall  be  carried  out  in  the  United  States  and  in  the  Republic  of  Cuba, 
respectiA'elv,  in  conformity  Avith  the  laws  regulating  extradition  for 
the  time  being  in  force  in  the  State  in  Avhich  the  demand  for  the  sur- 
render is  made. 


CUBA — 1904. 


369 


Article  IV. 

Where  the  arrest  and  detention  of  a fugitive  in  the  United  States 
are  desired  on  telegraphfc  or  other  information  in  advance  of  the  pre- 
sentation of  formal  proof,  complaint  on  oath,  as  provided  by  the 
statutes  of  the  United  States,  shall  be  made  by  an  agent  of  the  Gov- 
ernment of  Cuba  before  a judge  or  magistrate  authorized  to  issue 
warrants  of  arrest  in  extradition  cases. 

When,  under  the  provisions  of  this  article,  the  arrest  and  deten- 
tion of  a fugitive  are  desired  in  the  Republic  of  Cuba,  the  proper 
course  shall  be  to  apply  to  the  Foreign  Office,  wdiich  will  immediately 
cause  the  necessary  steps  to  be  taken  in  order  to  secure  the  provisional 
arrest  or  detention  of  the  fugitive. 

The  provisional  detention  of  a fugitive  shall  cease  and  the  prisoner 
be  released  if  a formal  requisition  for  his  surrender  accompanied  by 
the  necessary  evidence  of  his  guilt  has  not  been  produced  under  the 
stipulations  of  this  Treaty,  within  two  months  from  the  date  of  his 
provisional  arrest  or  detention. 

Article  V. 

Neither  of  the  contracting  parties  shall  be  bound  to  deliver  up  its 
own  citizens  under  the  stipulations  of  the  Treaty. 

Article  VI. 

A fugitive  criminal  shall  not  be  surrendered  if  the  offense  in 
respect  of  which  his  surrender  is  demanded  be  of  a political  char- 
acter, or  if  it  is  proved  that  the  requisition  for  his  surrender  has,  in 
fact,  been  made  with  a view  to  try  or  punish  him  for  an  offense  of  a 
political  character. 

An  attempt  against  the  life  of  the  head  of  a foreign  government 
or  against  that  of  any  member  of  his  family  when  such  attempt  com- 
prises the  act  either  of  murder,  assassination,  or  poisoning,  shall 
not  be  considered  a political  offense  or  an  act  connected  with  such  an 
offense. 

No  person  surrendered  by  either  of  the  contracting  parties  to  the 
other  shall  be  triable  or  tried,  or  be  punished,  for  any  political  crime 
or  offense,  or  for  any  act  connected  therewith,  committed  previously 
to  his  extradition. 

If  any  question  shall  arise  as  to  whether  a case  comes  within  the 
provisions  of  this  article,  the  decision  of  the  authorities  of  the  gov- 
ernment on  which  the  demand  for  surrender  is  made,  or  which  may 
have  granted  the  extradition  shall  be  final. 

Article  VII. 

Extradition  shall  not  be  granted,  in  pursuance  of  the  provisions  of 
this  Treaty  if  legal  proceedings  or  the  enforcement  of  the  penalty  for 
the  act  committed  by  the  person  claimed  has  become  barred  by  limi- 
tation, according  to  the  laws  of  the  country  to  which  the  requisi- 
tion is  addressed. 


24449— VOL  1-10- 


■24 


370 


TREATIES,  CONVENTIONS,  ETC. 


Article  VIII. 

Xo  person  surrendered  by  either  of  the  contracting  parties  to  the 
other  shall,  without  his  consent,  freely  granted  and  publicly  de- 
clared by  him,  be  triable  or  tried  or  be  punished  for  any  crime  or  of- 
fense committed  prior  to  his  extradition,  other  than  that  for  which  he 
was  delivered  up,  unless  the  said  person  shall  have  been  at  liberty 
to  leave  the  country  for  a month  after  having  been  tried,  and  in  case 
of  conviction,  a month  after  having  served  sentence  or  being  pardoned. 

Article  IX. 

All  ‘articles  found  in  the  possession  of  the  person  to  be  surren- 
dered, whether  being  proceeds  of  the  crime  or  offense,  or  being  ma- 
terial as  evidence  in  making  proof  of  the  crime  or  offense,  shall,  so 
far  as  practicable,  and  in  conformity  with  the  laws  of  the  respective 
countries,  be  seized  and  surrendered  with  his  person.  Neverthe- 
less the  rights  of  third  parties  with  regard  to  such  articles  shall  be 
duly  respected. 


Article  X. 

If  the  individual  claimed  by  one  of  the  contracting  parties,  in  pur- 
suance of  the  present  Treaty,  shall  also  be  claimed  b^y  one  or  several 
other  powers  on  account  of  crimes  or  offenses  committed  within  their 
respective  jurisdictions,  his  extradition  shall  be  granted  to  the  state 
whose  demand  is  first  received,  unless  the  government  from  which 
extradition  is  sought  is  bound  by  treaty  to  give  preference  to 
another. 

If  the  said  individual  shall  be  indicted  or  convicted  in  the  country 
from  which  extradition  is  sought,  his  extradition  may  be  deferred 
until  the  proceedings  are  abandoned,  the  individual  set  at  liberty  or 
discharged  or  has  served  his  sentence. 

Article  XI. 

The  . expenses  incurred  in  the  arrest,  detention,  examination  and 
delivery  of  fugitives  under  this  treaty  shall  be  borne  by  the  State 
in  whose  name  the  extradition  is  sought : Provided,  that  the  de- 
manding government  shall  not  be  compelled  to  bear  any  expense  for 
the  services  of  such  public  officers  of  the  government  from  which  ex- 
tradition is  sought  as  receive  a fixed  salary;  and,  provided,  that 
the  charge  for  the  services  of  such  public  officers  as  receive  only  fees 
or  perquisites  shall  not  exceed  their  customary  fees  for  the  acts  or 
services  perfomied  by  them  had  such  acts  or  services  been  performed 
in  ordinary  criminal  proceedings  under  the  laws  of  the  country  of 
Avhich  they  are  officers. 

Article  XII. 

The  present  treaty  shall  take  effect  on  the  thirtieth  day  after  the 
date  of  the  exchange  of  ratifications. 

The  ratifications  of  the  present  treaty  shall  be  exchanged  at  IVash- 
ington  as  soon  as  possible,  and  it  shall  remain  in  force  for  a period  of 


CUBA — 1904. 


371 


six  months  after  either  of  the  contracting  governments  shall  have 
given  notice  of  a purpose  to  terminate  it. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
the  above  articles  both  in  the  English  and  Spanish  langixages,  and 
hereunto  affixed  their  seals. 

Done  in  duplicate,  at  the  City  of  Washington  this  sixth  day  of 
April,  nineteen  hundred  and  four. 

John  Hay  [seal] 

Gonzalo  de  Quesada  [seal] 


1904. 

Protocol  Amending  Spanish  Text  of  Cuban  Extradition  Treaty 

Signed  April  6,  1901. 

Signed  at  W ashington^  December  6,  1901f.;  ratification  advised  by  the 

Senate.,  December  16,  190 J^;  ratifed  by  the  President,  January  21^, 

1905;  ratif cations  exchanged  at  Washington,  January  31,  1905; 

proclaimed,  February  8,  1905. 

protocol. 

The  undersigned,  the  Secretary  of  State  of  the  United  States  of 
America  and  the  Envoy  Extraordinary  and  Minister  Plenipotentiary 
of  Cuba,  being  duly  authorized,  have  agreed  to  modify  the  Spanish 
text  of  sections  1,  3,  5,  6,  7,  14  and  16  of  the  Article  II  of  the  Treaty 
of  Extradition  signed  on  the  6th  of  April,  1904,  by  substituting  them 
by  the  following,  in  conformity  with  the  amendments  which  were 
adopted  by  the  Senate  of  the  Republic  of  Cuba,  with  a view  to  mak- 
ing the  said  Spanish  text  correspond  more  closely  with  the  English 
text,  and  to  a more  exact  definition  of  the  crimes  and  offenses  therein 
specified,  in  the  technical  terms  of  the  Cuban  law. 

Articulo  II. 

1.  Homicidio,  incluso  los  delitos  designados  en  el  Codigo  Penal  de 
Cuba  con  los  nombres  de  asesinato,  parricidio,  infanticidio  y envenena- 
miento,  homicidio  voluntario ; el  delito  frustrado  6 la  tentativa  de 
dial  quiera  de  ellos. 

3.  Robo,  entendiendose  por  tal  la  sustraccion  de  dinero,  mercancias, 
documentos  u otra  propiedad  ajenos,  empleando  para  ello  fuerza, 
violencia  6 intimidacion ; y el  acto  de  asaltar  la  casa  de  otro  de  noche 
con  escalamiento  6 fractura  y con  la  intencion  de  cometer  un  delito; 
robo  en  casa  habitada  y robo  en  establecimiento  comercial  6 indus- 
trial. 

^ 5.  La  fabricacion  de  moneda  falsa,  bien  sea  esta  metalica  6 en  papel, 
titulos  6 cupones  falsos  de  la  Deuda  Piiblica,  billetes  de  Banco  u otros 
instrumentos  de  credito  publico,  de  sellos,  de  timbres,  ciifios  y marcas 
falsas  de^  Administraciones,  del  Estado  6 Publicas  y la  expendicion, 
circulacion  6 uso  fraudulento  de  cualquiera  de  los  objetos  mencionados. 

6.  Malversaciqn  de  fondos  piiblicos  cometida  por  empleados  piibli- 
cos  b depositarios,  defiaudacion  realizada  por  personas  a sueldo  6 
salario  en  perjuicio  de  aquel  que  lo  tiene  a su  servicio,  obtener  dinero, 


372 


TREATIES,  CONVENTIOlSrS,  ETC. 


valores  u otros  bienes  muebles  por  maquinaciones  6 artificios  cuando 
estos  delitos  esten  penados  por  las  leyes  de  ambos  paises  y el  A'alor  de 
lo  obtenido  no  sea  menor  de  doscientos  pesos  en  oro. 

7.  Fraude  6 defraudacion  (6  el  delito  eorrespondiente  definido  en  el 
Codigo  Penal  de  Cuba  como  de  fraudacion),  por  un  depositario,  ban- 
quero,  agente,  factor  u otra  persona  que  administre  bienes  6 que 
proceda  por  encargo  de  otra  6 director  6 miembro  6 funcionario  de 
una  compania,  cuando  las  leyes  de  ambos  paises  declaren  punible 
dicho  acto  y el  valor  de  lo  defraudado  no  sea  menor  de  doscientos 
pesos. 

14.  Rapto,  secuestro  de  menores  6 adultos,  entendiendose  por  tal  el 
hecho  de  apoderarse  de  una  6 mas  personas,  6 de  detenerlas  para  exigir 
de  ellas  6 de  sus  familias  dinero  por  su  rescate,  6 para  cualquier  otro 
fin  ilicito. 

16.  Obtener  por  medio  de  amenzas  de  hacer  dano,  dinero,  valores  li 
otra  propiedad  mueble. 

The  present  Protocol  shall  be  submitted  for  approval  to  the  Senate 
of  the  United  States  of  America. 

Done  at  the  City  of  Washington  this  6th  day  of  December,  in  the 
year  1904. 

John  Hay  [seal] 

Gonzalo  de  Quesada  [seal] 


DENMARK 


1826 


Convention  of  Friendship,  Commerce  and  Navigation.®-* * 

Concluded  April  26, 1826;  ratification  advised  hy  the  Senate  May  4, 
1826 ; ratified  hy  the  President  May  6, 1826 ; ratifications  exchanged 
August  10,  1826 ; proclaimed  October  11^,  1826. 


Aktices. 


VII.  Property  rights. 
I'lII.  Consular  officers. 


I.  Most  favored  nation  clause. 

II.  Freedom  of  trade. 

III.  Equality  as  to  shipping. 

IV.  Import  and  export  duties. 

V.  Sound  and  belts  dues. 

VI.  Trade  with  Danish  colonies. 


IX.  Consular  privileges. 
X.  Consular  exemptions. 
XI.  Duration. 

XII.  Ratification. 


The  United  States  of  America  and  His  Majesty  the  King  of  Den- 
mark, being  desirous  to  make  firm  and  permanent  the  peace  and 
friendship  which  happily  prevail  between  the  two  nations,  and  to 
extend  the  commercial  relations  which  subsist  between  their  respective 
territories  and  people,  have  agreed  to  fix,  in  a manner  clear  and  posi- 
tive, the  rules  which  shall  in  future  be  observed  between  the  one  and 
the  other  party,  by  means  of  a general  convention  of  friendship,  com- 
merce and  navigation.  With  that  object,  the  President  of  the  United 
States  of  America  has  conferred  full  powers  on  Henry  Clay,  their 
Secretary  of  State;  and  His  Majesty  the  King  of  Denmark  has  con- 
ferred like  powers  on  Peter  Pedersen,  his  Privy  Counsellor  of  Lega- 
tion and  Minister  Resident  near  the  said  States,  Knight  of  the  Danne- 
brog;  who,  after  having  exchanged  their  said  full  powers,  found  to 
be  in  due  and  proper  form,  have  agreed  to  the  following  articles : 


Article  I. 


The  contracting  parties,  desiring  to  live  in  peace  and  harmony  with 
all  the  other  nations  of  the  earth,  by  means  of  a policy  frank  and 
equally  friendly  with  all,  engage,  mutually,  not  to  grant  any  particu- 
lar favor  to  other  nations,  in  respect  of  commerce  and  navigation, 
which  shall  not  immediately  become  common  to  the  other  party,  who 
shall  enjoy  the  same  freely,  if  the  concession  were  freely  made,  or  on 
allowing  the  same  comjiensation,  if  the  concession  were  conditional. 

“This  convention  was  abrogated  by  notice  April  15,  1850,  and  renewed  by 
the  convention  of  April  11,  1857,  except  Article  V.  See  Convention  of  July  11, 
1861,  p.  38.3. 

* Federal  cases:  Bartram  v.  Robertson  (122  U,  S.,  116),  Thiugvalla  Line  v. 
U.  S.  (24  Ct.  CIS.,  255). 


373 


374 


TREATIES,  CONVENTIONS,  ETC. 


Article  II. 

The  contracting  parties  being  likewise  desirous  of  placing  the  com- 
merce and  navigation  of  their  respective  countries  on  the  liberal 
basis  of  perfect  equality  and  reciprocity,  mutually  agree  that  the  citi- 
zens and  subjects  of  each  may  frequent  all  the  coasts  and  countries 
of  the  other,  (with  the  exception  hereafter  provided  for  in  the  sixth 
article,)  and  reside  and  trade  there  in  all  kinds  of  produce,  manu- 
factures and  merchandise;  and  they  shall  enjoy  all  the  rights,  privi- 
leges and  exemptions,  in  navigation  and  commerce,  which  native  citi- 
zens or  subjects  do  or  shall  enjoy,  submitting  themselves  to  the  laws, 
decrees  and  usages,  there  established,  to  which  native  citizens  or  sub- 
jects are  subjected.  But  it  is  understood  that  this  article  does  not 
include  the  coasting  trade  of  either  countrjq  the  regulation  of  which 
is  reserved  by  the  parties,  respectively,  according  to  their  own  sep- 
arate laws. 


Article  III. 

They  likewise  agree  that  whatever  kind  of  produce,  manufacture  or 
merchandise,  of  any  foreign  country,  can  be,  from  time  to  time,  law- 
fully imported  into  the  United  States,  in  vessels  belonging  wholly  to 
the  citizens  thereof,  may  be  also  imported  in  vessels  wholly  belonging 
to  the  subjects  of  Denmark ; and  that  no  higher  or  other  duties  upon, 
the  tonnage  of  the  vessel  or  her  cargo  shall  be  levied  and  collected, 
whether  the  importation  be  made  in  vessels  of  the  one  country  or  of 
the  other.  And,  in  like  manner,  that  whatever  kind  of  produce,  man- 
ufacture or  merchandise,  of  any  foreign  country,  can  be,  from  time 
to  time,  lawfully  imported  into  the  dominions  of  the  King  of  Den- 
mark in  the  vessels  thereof,  (with  the  exception  hereafter  mentioned 
in  the  sixth  article,)  may  be  also  importecl  in  vessels  of  the  United 
States;  and  that  no  higher  or  other  duties  upon  the  tonnage  of  the 
vessel  or  her  cargo  shall  be  levied  and  collected,  whether  the  importa- 
tion be  made  in  vessels  of  the  one  countrv  or  of  the  other.  And  they 
further  agree,  that  whatever  may  be  lawfully  exported  or  re-exported, 
from  the  one  country  in  its  own  vessels,  to  any  foreign  country,  may, 
in  like  manner,  be  exported  or  re-exported  in  the  vessels  of  the  other 
country.  And  the  same  bounties,  duties  and  drawbacks  shall  be 
allowed  and  collected,  whether  such  exportation  or  re-exportation  be 
made  in  vessels  of  the  United  States  or  of  Denmark.  Nor  shall 
higher  or  other  charges  of  any  kind  be  imposed  in  the  ports  of  one 
jiarty,  on  vessels  of  the  other,  than  are  or  shall  be  payable  in  the  same 
ports  by  native  vessels. 


Article  IV. 

No  higher  or  other  duties  shall  be  imposed  on  the  importation  into 
the  United  States  of  any  article,  the  produce  or  manufacture  of  the 
dominions  of  His  Majesty  the  King  of  Denmark;  and  no  higher  or 
other  duties  shall  be  imposed  on  the  importation  into  the  said  do- 
minions of  any  article,  the  produce  or  manufacture  of  the  United 
States,  than  are  or  shall  be  payable  on  the  like  articles,  being  the 
produce  or  manufacture  of  any  other  foreign  country.  Nor  shall 
any  higher  or  other  duties  or  charges  be  imposed  in  either  of  the  two 


DENMAKK 1826. 


375 


countries  on  the  exportation  of  any  articles  to  the  United  States,  or 
to  the  dominions  of  His  Majesty  the  King  of  Denmark,  respectively, 
than  such  as  are  or  may  be  payable  on  the  exportation  of  the  like  arti- 
cles to  any  other  foreign  country.  Nor  shall  any  prohibition  be  im- 
posed on  the  exportation  or  importation  of  any  articles,  the  produce 
or  manufacture  of  the  United  States,  or  of  the  dominions  of  His 
Majesty  the  King  of  Denmark,  to  or  from  the  territories  of  the  United 
States,  or  to  or  from  the  said  dominions,  which  shall  not  equally  ex- 
tend to  all  other  nations. 

Article  V. 

Neither  the  vessels  of  the  United  States  nor  their  cargoes  shall, 
when  they  pass  the  Sound  or  the  Belts,  pay  higher  or  other  duties 
than  those  which  are  or  may  be  paid  by  the  most  favoured  nation. 

Article  VI. 

The  present  convention  shall  not  apply  to  the  northern  possessions 
of  His  Majesty  the  King  of  Denmark — that  is  to  say,  Iceland,  the 
Ferroe  Islands,  and  Greenland — nor  to  places  situated  beyond  the 
Cape  of  Good  Hope;  the  right  to  regulate  the  direct  intercourse  with 
which  possessions  and  places  is  reserved  by  the  parties,  respectively. 
./Vnd  it  is  further  agreed  that  this  convention  is  not  to  extend  to  the 
direct  trade  between  Denmark  and  the  West  India  colonies  of  His 
Danish  Majesty,  but  in  the  intercourse  with  those  colonies  it  is 
agreed  that  whatever  can  be  lawfully  imported  into  or  exported  from 
the  said  colonies  in  vessels  of  one  party  from  or  to  the  ports  of  the 
United  States,  or  from  or  to  the  ports  of  any  other  foreign  country, 
may  in  like  manner,  and  with  the  same  duties  and  charges  applicable 
to  vessel  and  cargo,  be  imported  into  or  exported  from  the  said  colo- 
nies in  vessels  of  the  other  party. 

Article  VII. 

The  United  States  and  His  Danish  Majesty  mutually  agree  that  no 
higher  or  other  duties,  charges  or  taxes  of  any  kind  shall  be  levied 
in  the  territories  or  dominions  of  either  party,  upon  any  personal 
property,  money  or  effects  of  their  respective  citizens  or  subjects, 
on  the  removal  of  the  same  from  their  territories  or  dominions  re- 
ciprocally, either  upon  the  inheritance  of  such  property,  money  or 
effects,  or  otherwise,  than  are  or  shall  be  payable  in  each  State  upon 
the  same,  when  removed  by  a citizen  or  subject  of  such  State, 
respectively. 

Article  VIII. 

To  make  more  effectual  the  protection  which  the  United  States  and 
His  Danish  Majesty  shall  afford  in  future  to  the  navigation  and 
commerce  of  their  respective  citizens  and  subjects,  they  agree  mutu- 
ally to  receive  and  admit  Consuls  and  Vice-Consuls  in  all  the  ports 
open  to  foreign  commerce,  who  shall  enjoy  in  them  all  the  rights, 
privileges  and  immunities  of  the  Consuls  and  Vice-Consuls  of  the 
most  favoured  nation,  each  contracting  party,  however,  remaining 
at  liberty  to  except  those  ports  and  places  in  which  the  admission 
and  residence  of  such  Consuls  may  not  seem  convenient. 


376 


TREATIES,  CONVENTIONS,  ETC. 
Article  IX. 


In  order  that  tlie  Consuls  and  Vice-Consuls  of  the  contracting 
parties  may  enjoy  the  rights,  privileges  and  immunities  which  belong 
to  them  by  their  jiublic  character,  they  shall,  before  entering  on  the 
exercise  of  their  functions,  exhibit  their  commission  or  patent  in  due 
form  to  the  Government  to  which  they  are  accredited;  and  having 
obtained  their  exequatur,  which  shall  be  granted  gratis,  they  shall 
be  held  and  considered  as  such  by  all  the  authorities,  magistrates  and 
inhabitants  in  the  consular  district  in  which  they  reside. 

Article  X. 

It  is  likewise  agreed  that  the  Consuls  and  persons  attached  to  their 
necessary  service,  they  not  being  natives  of  the  country  in  which 
the  Consul  resides,  shall  be  exemjit  from  all  public  service,  and  also 
from  all  kind  of  taxes,  imposts  and  contributions,  except  those  which 
they  shall.be  obliged  to  pay,  on  account  of  commerce,  or  their  prop- 
erty, to  which  inhabitants,  native  and  foreign,  of  the  country  in 
which  such  Consuls  reside,  are  subject,  being  in  everything  besides 
subject  to  the  laws  of  the  respective  States.  The  archives  and  papers 
of  the  consulate  shall  be  respected  inviolably,  and  under  no  pretext 
whatever  shall  any  magistrate  seize  or  in  any  way  interfere  with 
them. 

Article  XI. 

The  present  convention  shall  be  in  force  for  ten  years  from  the  date 
hereof,  and  further  until  the  end  of  one  year  after  either  of  the  con- 
tracting parties  shall  have  given  notice  to  the  other  of  its  intention 
to  terminate  the  same,  each  of  the  contracting  jiarties  reserving  to 
itself  the  right  of  giving  such  notice  to  the  other  at  the  end  of  the 
said  term  of  ten  years;  and  it  is  hereby  agreed  between  them  that, 
on  the  exjiiration  of  one  year  after  such  notice  shall  have  been  re- 
ceived by  either,  from  the  other  party,  this  convention,  and  all  the 
provisions  thereof,  shall  altogether  cease  and  determine. 

Article  XII. 

This  convention  shall  be  approved  and  ratified  by  the  President  of 
the  United  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof,  and  by  His  Majesty  the  King  of  Denmark,  and  the  ratifica- 
tions shall  be  exchanged  in  the  city  of  Copenhagen  within  eight 
months  from  the  date  of  the  signature  hereof,  or  sooner  if  jiossible. 

In  faith  whereof,  we,  the  Plenipotentiaries  of  the  United  States  of 
America,  and  of  His  Danish  Majesty,  have  signed  and  sealed  these 
presents. 

Done  in  triplicate,  at  the  cit.v  of  Washington,  on  the  twenty-sixth 
day  of  April,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  twenty-six,  in  the  fiftieth  year  of  the  Independence  of  the  United 
States  of  America. 

[seal.] 

[seal.] 


H.  Clay. 

Pr.  Pedersen. 


DENMARK 1826-1830. 


377 


ADDENDUM. 

Mr,  Clay  to  Mr.  Pederson. 

Department  of  State, 
Washington,  April  25,  1826. 

The  undersigned,  Secretary  of  State  of  the  United  States,  by  direction  of  the 
President  thereof,  has  the  honor  to  state  to  Mr.  Pedersen,  Minister  Resident 
of  His  Majesty  the  King  of  Denmark,  that  it  would  have  been  satisfactory  to 
the  Government  of  the  United  States  if  Mr.  Pedersen  had  been  charged  with 
instructions,  in  the  negotiation  which  has  just  terminated,  to  treat  of  the  in- 
demnities to  citizens  of  the  United  States,  in  consequence  of  the  seizure,  deten- 
tion, and  condemnation  of  their  property  in  the  ports  of  His  Danish  Majesty. 
But  as  he  has  no  instructions  to  that  effect,  the  undersigned  is  directed,  at  and 
before  proceeding  to  the  signature  of  the  treaty  of  friendship,  commerce,  and 
navigation  on  which  they  have  agi’ced,  explicitly  to  declare,  that  the  omission 
to  provide  for  those  indemnities  is  not  hereafter  to  be  interpreted  as  a waiver 
or  abandonment  of  them  by  the  Government  of  the  United  States,  which,  on 
the  contrary,  is  firmly  resolved  to  persevere  in  the  pursuit  of  them  until  they 
shall  be  finally  arranged  upon  principles  of  equity  and  justice.  And,  to  guard 
against  any  misconception  of  the  fact  of  the  silence  of  the  treaty  in  the  above 
particular,  or  of  the  views  of  the  American  Government,  the  undersigned  re- 
quests that  Mr.  Pedersen  will  transmit  this  official  declaration  to  the  Govern- 
ment of  Denmark.  And  he  avails  himself  of  this  occasion  to  tender  to  Mr. 
Pedersen  assurances  of  his  distinguished  consideration. 

H.  CLAY. 

The  Chevalier  Pedersen. 

Minister  Resident  from  Denmark. 


The  Chevalier  Peter  Pederson  to  Mr.  Clay. 

Washington,  April  25,  1826. 

The  undersigned.  Minister  Resident  of  His  Majesty  the  King  of  Denmark,  has 
the  honour  herewith,  to  acknowledge  having  received  Mr.  Clay’s  official  note  of 
this  day,  declaratory  of  the  advanced  claims  against  Denmark  not  being  waived 
on  the  part  of  the  United  States  by  the  convention  agreed  upon  and  about  to 
be  signed,  which  note  he,  as  requested,  will  transmit  to  his  Government.  And 
he  avails  himself  of  this  occasion  to  renew  to  Mr.  Clay  assurances  of  his  dis- 
tinguished consideration. 

P.  PEDERSON. 

To  the  Hon.  Henry  Clay, 

Secretary  of  State  of  the  United  States. 


1830 

Claims  Convention. 

Concluded  March  28,  1880;  ratification  advised  hy  the  Senate  May 
29,  1830;  ratified  hy  the  President  June  2,  1830;  ratifications  ex- 
changed June  6,  1830;  proclaimed  June  5, 1830. 

Articles. 

I.  Indemnity.  V.  Applicability  of  convention. 

II.  Mode  of  payment  of  indemnity.  VI.  Ratification. 

III.  Claims  to  be  adjudicated. 

IV.  Release  from  payment  of  further  ^ 

indemnity. 

The  United  States  of  America  and  His  Majesty  the  King  of  Den- 
mark, being  equally  desirous  of  terminating  the  discussions  which 
have  taken  place  between  them  in  respect  to  the  claims  and  preten- 


378 


TREATIES,  CONVENTIONS,  ETC. 


sions  formed  by  the  citizens  of  the  United  States  and  the  subjects  of 
Denmark,  having  for  their  object  the  seizure,  detention,  condemnation 
or  confiscation  of  their  vessels,  cargoes  or  propert}"  whatsoever,  within 
the  territory  or  under  the  authority  of  the  respective  Governments, 
have  named  for  this  purpose,  and  furnished  with  their  full  powers, 
that  is  to  say:  The  President  of  the  United  States  of  America,  by 
and  with  the  advice  and  consent  of  the  Se’nate,  Henry  Wheaton, 
Charge  d’Affaires  of  the  said  United  States  at  the  Court  of  His 
Majesty  the  King  of  Denmark,  etc. ; and  His  Majesty  the  King  of 
Denmark,  the  Sieur  Ernest  Henry,  Count  de  Schimmelmann,  Knight 
of  the  Order  of  the  Elephant,  Grand  Cross  of  the  Order  of  Danne- 
brog,  decorated  with  the  silver  cross  of  the  same  order.  His  Minister 
(intime)  of  State,  Chief  of  his  Department  of  Foreign  Affairs,  etc., 
and  the  Sieur  Paul  Christian  de  Stemann,  Knight  of  the  Order  of  the 
Elephant,  Grand  Cross  of  the  Order  of  Dannebrog,  decorated  with 
the  silver  cross  of  the  same  order,  his  Minister  (intime)  of  State  and 
of  Justice,  president  of  his  Danish  Chancery,  etc.;  and  the  said 
Plenipotentiaries;  after  having  exchanged  their  full  powers,  found 
in  good  and  due  form,  have  agreed  upon  and  concluded  the  following 
articles : 

Article  I. 

His  Majesty  the  King  of  Denmark  renounces  the  indemnities  which 
might  be  claimed  from  the  Government  of  the  United  States  of  Amer- 
ica for  the  subjects  of  Denmark,  on  account  of  the  seizure,  detention, 
condemnation  or  confiscation  of  their  vessels,  cargoes  or  jiroperty 
whatsoever,  under  the  authority  of  the  said  Government;  and  His 
Majesty  engages,  moreover,  to  pay  to  the  said  Government  the  sum  of 
six  hundred  and  fifty  thousand  Spanish  milled  dollars,  on  account  of 
the  citizens  of  the  United  States,  who  have  preferred  claims  relating 
to  the  seizure,  detention,  condemnation,  or  confiscation  of  their  vessels, 
cargoes,  or  property  whatsoever,  by  the  public  and  private  armed 
ships,  or  by  the  tribunals  of  Denmark,  or  in  the  States  subject  to  the 
Danish  sceiitre. 

Article  II. 

The  payment  of  the  above  sum  of  six  hundred  and  fifty  thousand 
Spanish  milled  dollars  shall  be  made  in  the  times  and  manner 
following : 

On  the  31st  March,  1831,  two  hundred  and  sixteen  thousand  six 
hundred  and  sixty-six  dollars  and  two-thirds  of  a dollar. 

On  the  30th  September,  1831,  two  hundred  and  sixteen  thousand 
six  hundred  and  sixty-six  dollars  and  two-thirds  of  a dollar. 

On  the  30th  September,  1832,  two  hundred  and  sixteen  thousand 
six  hundred  and  sixty-six  dollars  and  two-thirds  of  a dollar. 

To  the  second  payment  shall  be  added  the  interest  for  that,  and  for 
the  last  payment,  at  four  per  centum  per  annum,  to  be  computed 
from  the  first  payment,  on  the  31st  March,  1831. 

To  the  third  payment  shall  also  be  added  the  interest  for  that  pay- 
ment, at  four  per  centum  per  annum,  to  be  computed  from  the  second 
payment,  on  the  30th  September,  1831. 

The  above  sums,  thus  specified  in  Spanish  milled  dollars,  shall  be 
paid  in  bills  of  exchange,  at  fifteen  days’  sight,  at  Hamburg;  for  the 
jiayment  of  which  the  Danish  Government  shall  be  responsible. 


DENMARK 1830. 


379 


At  the  time  when  the  first  payment  shall  be  made,  on  the  31st 
March,  1831,  two  obligations,  corresponding  with  the  two  last  pay- 
ments to  be  effected  for  the  capital  and  the  interest  thereof,  shall  be 
issued  by  the  Direction  for  the  public  debt  and  the  sinking  fund  of 
Denmark,  to  the  order  of  the  Department  of  Foreign  Affairs  of  Den- 
mark, and  assigned  to  the  Government  of  the  United  States.  By  the 
said  obligations.  His  Majesty  the  King  of  Denmark  shall  acknowledge 
himself  debtor  for  the  sums  not  yet  paid  to  the  Government  of  the 
United  States  of  America,  and  the  same  shall  be  delivered  to  such 
person  or  persons  as  may  be  authorized  to  receive  the  same  by  the 
said  Government ; and  when  the  said  obligations  are  to  be  discharged, 
according  to  the  tenor  thereof,  by  the  Danish  Government,  the  person 
or  persons  authorized  by  the  Government  of  the  United  States  to 
receive  the  stipulated  payments  shall  deliver  up  the  said  obligations, 
with  receipts  for  the  amount  thereof,  from  the  said  Government. 

Article  III. 

To  ascertain  the  full  amount  and  validity  of  the  claims,  mentioned 
in  Article  I,  a Board  of  Commissioners,  consisting  of  three  citizens 
of  the  United  States,  shall  be  appointed  by  the  President,  by  and 
with  the  advice  and  consent  of  the  Senate,  who  shall  meet  at  Wash- 
ington, and  within  the  space  of  two  years  from  the  time  of  their  first 
meeting  shall  receive,  examine  and  decide  upon  the  amount  and 
validity  of  all  such  claims,  according  to  the  merits  of  the  several  cases, 
and  to  justice,  equity  and  the  law  of  nations. 

The  Commissioners  shall  take  an  oath  or  affirmation,  to  be  entered 
in  the  journal  of  their  proceedings,  for  the  faithful  and  diligent  dis- 
charge of  their  duties. 

In  case  of  the  death,  sickness,  or  necessary  absence  of  any  Commis- 
sioner, his  place  may  be  supplied  by  the  appointment  of  another  Com- 
missioner, in  the  manner  before  mentioned,  or  during  the  recess  of  the 
Senate,  by  the  President  of  the  United  States.  The  Commissioners 
shall  be  authorized  to  hear  and  examine,  on  oath  or  affirmation,  every 
question  relating  to  such  claims,  and  to  receive  all  suitable  authentic 
testimony  concerning  the  same. 

In  order  to  facilitate  the  proceedings  of  this  board.  His  Majesty 
the  King  of  Denmark  engages,  when  thereunto  required,  to  cause  to 
be  delivered  to  any  person  or  persons  who  shall  be  duly  authorized 
for  that  purpose  by  the  Government  of  the  United  States,  in  addition 
to  the  papers  already  delivered,  all  the  acts,  documents,  ship’s  papers 
and  prize  proceedings  which  may  still  remain  in  the  archives  of  the 
High  Court  of  Admiralty,  or  the  Prize  Tribunals  of  Denmark,  relat- 
ing to  the  seizure,  detention,  condemnation,  or  confiscation  of  the 
vessels,  cargoes,  or  property  whatsoever,  belonging  to  the  citizens  of 
the  United  States  of  America  before  the  said  tribunals. 

The  Commissioners  shall  award  and  cause  to  be  distributed,  among 
the  several  parties  whose  claims  shall  be  allowed  by  the  board,  the 
sum  mentioned  in  Article  I and  II,  in  a rateable  proportion  to  the 
amount  of  the  respective  claims  thus  allowed. 

Article  IV. 

In  consideration  of  the  renunciation  and  payments  mentioned  in 
Article  I.  and  II.,  on  the  part  of  His  Majesty  the  King  of  Denmark, 
the  Government  of  the  United  States  declares  itself  entireK  satisfied, 


380 


TBEATIES,  CONVENTIONS,  ETC. 


not  only  in  what  concerns  the  said  Government,  but  also  in  what  con- 
cerns the  citizens  of  the  said  United  States,  on  account  of  the  claims 
hitherto  preferred,  or  which  may  hereafter  be  preferred,  relating  to 
the  seizure,  detention,  condemnation  or  confiscation  of  their  vessels, 
cargoes  or  property  whatsoever,  which  in  the  last  maritime  war  of 
Denmark  have  taken  place  under  the  flag  of  Denmark,  or  in  the 
States  subject  to  the  Danish  sceptre ; and  the  said  claims  shall  conse- 
quently be  regarded  as  definitively  and  iri’evocably  terminated. 

Article  V. 

The  intention  of  the  two  high  contracting  parties  being  solelj^  to 
terminate,  definitely  and  irrevocably,  all  the  claims  which  have 
hitherto  been  preferred,  they  expressly  declare  that  the  present  con- 
vention is  only  applicable  to  the  cases  therein  mentioned ; and,  having 
no  other  object,  can  never  hereafter  be  invoked  by  one  iiarty  or  the 
other  as  a precedent  or  nde  for  the  future. 

Article  VI. 

The  present  convention  shall  be  duly  ratified  by  the  high  con- 
tracting parties,  and  the  ratifications  shall  be  exchanged  at  Wash- 
ington, in  the  space  of  ten  months,  or  sooner  if  possible. 

In  faith  thereof,  and  in  virtue  of  our  respective  full  powers,  we 
have  signed  the  present  convention,  and  have  thereunto  set  the  seals 
of  our  arms. 

Done  at  Copenhagen,  this  twenty-eighth  day  of  March,  1830. 

[seal.]  Henry  Wheaton. 

[seal.]  E.  H.  Schimmelmann. 

[seal.]  Stemann. 


The  Commission  provided  for  in  the  foregoing  treaty  was  duly 
appointed,  met  at  Washington  April  4, 1831,  and  held  its  last  session 
March  23,  1833,  determining  the  distribution  of  the  indemnity  paid 
by  Denmark. 


1857. 

Convention  Discontinuing  the  Sound  Dues." 

Concluded  April  11, 1857 ; ratifications  advised  hy  the  Senate  January 
5,  1858;  ratified  hy  the  President  January  7,  1858;  7'atifications 
exchanged  Januai'y  12,  1858;  proclaimed  January  13,  1858. 

Articles. 


I.  Sound  and  Belts  dues  abolished. 

II.  Lights,  buoys  and  piiots. 

III.  Payment  by  the  United  States. 

IV.  Most  favored  nation  privileges. 


V.  Convention  of  1826  revived. 

VI.  Effect. 

V'll.  Ratification. 


The  United  States  of  America  and  His  Majesty  the  King  of  Den- 
mark, being  desirous  to  terminate  amicably  the  differences  which 


“Federal  cases;  Bartram  v.  Robertson  (122  U.  S.,  116),  Thingvalla  Line  r. 
U.  S.  (24  Ct.  CIS.,  255). 


DENMARK 1857. 


381 


have  arisen  between  them  in  regard  to  the  tolls  levied  by  Denmark 
on  American  vessels  and  their  cargoes  passing  through  the  Sound 
and  Belts,  and  commonly  called  the  Sound-dues,  have  resolved  to 
conclude  a convention  for  that  purpose,  and  have  named  as  their 
Plenipotentiaries,  that  is  to  say : 

The  President  of  the  United  States^  Lewis  Cass,  Secretary  of  State 
of  the  United  States  and  his  Majesty  the  King  of  Denmark,  Torben 
Bille,  Esquire,  Knight  of  the  Dannebrog,  and  decorated  with  the 
cross  of  honor  of  the  same  order,  his  said  Majesty’s  Charge  d’Alfaires 
near  the  Government  of  the  United  States; 

Who,  after  having  communicated  to  each  other  their  full  powers 
in  due  form,  have  agreed  to  and  signed  the  following  articles ; 

Article  I. 

His  Majesty  the  King  of  Denmark  declares  entire  freedom  of  the 
navigation  of  the  Sound  and  the  Belts  in  favor  of  American  vessels 
and  their  cargoes,  from  and  forever  after  the  day  when  this  conven- 
tion shall  go  into  effect  as  hereinafter  provided.  And  it  is  hereby 
agreed  that  American  vessels  and  their  cargoes,  after  that  day, 
shall  not  be  subject  to  any  charges  whatever  in  passing  the  Sound 
or  the  Belts,  or  to  any  detention  in  the  said  waters,  and  both  Gov- 
ernments will  concur,  if  occasion  should  require  it,  in  taking  meas- 
ures to  prevent  abuse  of  the  free  flag  of  the  United  States  by  the 
shipping  of  other  nations  which  shall  not  have  secured  the  same 
freedom  and  exemption  from  charges  enjoyed  by  that  of  the  United 
States. 

Article  II. 

His  Danish  Majesty  further  engages  that  the  passages  of  the 
Sound  and  Belts  shall  continue  to  be  lighted  and  buoyed  as  hereto- 
fore without  any  charge  upon  American  vessels  or  their  cargoes  on 
passing  the  Sound  and  the  Belts,  and  that  the  present  establishments 
of  Danish  pilots  in  these  waters  shall  continue  to  be  maintained  by 
Denmark.  His  Danish  Majesty  agrees  to  make  such  additions  and 
improvements  in  regard  to  the  lights,  buoys  and  pilot  establishments 
in  these  waters  as  circumstances  and  the  increasing  trade  of  the 
Baltic  ma^  require.  He  further  engages  that  no  cliarge  shall  be 
made,  in  consequence  of  such  additions  and  improvements,  on  Amer- 
ican ships  and  their  cargoes  passing  through  the  Sound  and  the 
Belts. 

It  is  understood,  however,  to  be  optional  for  the  masters  of  Amer- 
ican vessels  either  to  employ,  in  the  said  waters,  Danish  pilots,  at 
reasonable  rates  fixed  by  the  Danish  Government,  or  to  navigate  their 
vessels  without  such  assistance. 

Article  III. 

In  consideration  of  the  foregoing  agreements  and  stipulations  on 
the  part  of  Denmark,  whereby  the  free  and  unincumbered  navigation 
of  American  vessels  through  the  Sound  and  the  Belts  is  forever  se- 
cured, the  United  States  agree  to  pay  to  the  Government  of  Denmark, 
once  for  all,  the  sum  of  seven  hundred  and  seventeen  thousand  eight 


382 


TREATIES,  CONVENTIONS,  ETC. 


hundred  and  twenty-nine  rix  dollars,  or  its  equivalent,  three  hundred 
and  ninety-three  thousand  and  eleven  dollars  in  United  States  cur- 
rency, at  London,  on  the  day  when  the  said  convention  shall  go  into 
full  etfect,  as  hereinafterwards  provided. 

Article  IV. 

It  is  further  agreed  that  any  other  or  further  privileges,  rights,  or 
advantages  which  may  have  been,  or  may  be,  granted  by  Denmark  to 
the  commerce  and  navigation  of  any  other  nation  at  the  Sound  and 
Belts,  or  on  her  coasts  and  in  her  harbors,  with  reference  to  the  transit 
by  land  through  Danish  territory  of  merchandise  belonging  to  the 
citizens  or  subjects  of  such  nation,  shall  also  be  fully  extended  to, 
and  enjoyed  by,  the  citizens  of  the  United  States,  and  by  their 
vessels  and  property  in  that  quarter. 

Article  V. 

The  general  convention  of  friendship,  commerce  and  navigation, 
concluded  between  the  United  States  and  His  Majesty  the  King  of 
Denmark,  on  the  26th  of  April,  1826,  and  which  was  abrogated  on 
the  15th  of  April,  1856,  and  the  provisions  contained  in  each  and  all 
of  its  articles,  the  5th  article  alone  excepted,  shall,  after  the  ratifi- 
cation of  this  present  convention,  again  become  binding  upon  the 
United  States  and  Denmark;  it  being,  however,  understood,  that  a 
year’s  notice  shall  suffice  for  the  abrogation  of  the  stipulations  of  the 
said  convention  hereby  renewed. 

Article  VI. 

The  present  convention  shall  take  effect  as  soon  as  the  laws  to  carry 
it  into  operation  shall  be  passed  by  the  Government  of  the  contracting- 
parties,  and  the  sum  stipulated  to  be  j^aid  by  the  United  States  shall 
be  received  by  or  tendered  to  Denmark;  and  for  the  fulfilment  of 
these  purposes,  a period  not  exceeding  twelve  months  from  the 
signing  of  this  convention  shall  be  allowed. 

But  if,  in  the  interval,  an  earlier  day  shall  be  fixed  upon  and  carried 
into  eflfect  for  a free  navigation  through  the  Sound  and  Belts  in  favor 
of  any  other  power  or  powers,  the  same  shall  simultaneous!}'  be  ex- 
tended to  the  vessels  of  the  United  States  and  their  cargoes,  in  antici- 
pation of  the  payment  of  the  sum  stipulated  in  Article  III ; it  being 
understood,  however,  that  in  that  event  the  Government  of  the  United 
States  shall  also  pay  to  that  of  Denmark  four  per  cent,  interest  on 
the  said  sum,  from  the  day  the  said  immunity  shall  have  gone  into 
operation  until  the  principal  shall  have  been  paid  as  aforesaid. 

Article  VII. 

The  present  convention  shall  be  duly  ratified,  and  the  exchange  of 
ratifications  shall  take  place  in  Washington  within  ten  months  from 
the  date  hereof,  or  sooner  if  practicable. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  the 
liresent  convention,  in  duplicate,  and  have  thereunto  affixed  their  seals. 


DENMARK 1857-1861. 


383 


Done  at  Washington  this  eleventh  day  of  April,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fifty-seven,  and  of  the  Inde- 
pendence of  the  United  States  the  eighty-first. 

[seal.]  Lewis  Cass, 

[seal.]  Torben  Bille. 


1861. 

CONSTTLAR  CONVENTION. 

Concluded  July  11, 1861;  ratification  advised  by  the  Senate  July  17, 
1861;  ratified  by  the  President  August  25,  1861;  ratifications  ex- 
changed September  18,  1861;  proclaimed  September  20,  1861. 

Articles. 

I.  Authority  of  consuls  over  shipping  | II.  Deserters  from  ships;  ratification, 
disputes.  1 

The  United  States  of  America  and  His  Majesty  the  King  of  Den- 
mark, wishing  to  favor  their  mutual  commerce  by  affording,  in  their 
ports,  every  necessary  assistance  to  their  respective  vessels,  the  under- 
signed Plenipotentiaries,  being  duly  empowered  for  that  purpose, 
have  agreed  upon  the  following  additional  aritcles  to  the  general 
convention  of  friendship,  commerce  and  navigation,  concluded  at 
Washington  on  the  twenty-sixth  day  of  April,  1826,  between  the 
contracting  parties. 

Article  I. 

The  respective  Consuls-General,  Consuls,  Vice-Consuls  and  Com- 
mercial Agents  shall  have  the  right  as  such  to  sit  as  judges  and  arbi- 
trators in  such  differences  as  may  arise,  either  at  sea  or  in  port, 
between  the  captain,  officers  and  crew  of  the  vessels  belonging  to  the 
nation  whose  interests  are  committed  to  their  charge,  particularly  in 
reference  to  the  adjustment  of  wages  and  the  execution  of  contracts, 
without  the  interference  of  the  local  authorities,  unless  the  conduct 
of  the  crew  and  the  officers,  or  of  the  captains,  should  disturb  the 
order  or  tranquility  of  the  country. 

• It  is,  however,  understood  that  this  species  of  judgment  or  arbi- 
tration shall  not  deprive  the  contending  parties  of  the  right  they  have 
to  resort  on  their  return  to  the  judicial  authority  of  their  country. 

Article  II. 

The  Consuls-General,  Consuls,  Vice-Consuls  and  Commercial 
Agents  are  authorized  to  require  the  assistance  of  the  local  authori- 
ties for  the  search,  arrest,  and  imprisonment  of  the  deserters  from 
the  ships  of  war  and  merchant  vessels  of  their  country.  For  this 
purpose  they  shall  apply  to  the  competent  tribunals,  judges  and  offi- 
cers, and  shall  in  writing  demand  said  deserters,  proving  by  the  exhi- 
bition of  the  registers  of  the  vessels,  the  rolls  of  the  crews,  or  by  other 
official  documents,  or,  if  the  vessel  shall  have  departed,  by  copy  of 


384 


TREATIES,  CONVENTIONS,  ETC. 


said  documents  duly  certified  by  them,  that  such  individuals  form 
part  of  the  crew ; and  on  this  reclamation  being  thus  substantiated, 
the  surrender  shall  not  be  refused,  unless  there  be  sufficient  proof  of 
the  said  persons  being  citizens  or  subjects  of  the  country  where  their 
surrender  is  demanded.  Such  deserters,  when  arrested,  shall  be  placed 
at  the  disposal  of  said  Consuls-General,  Consuls,  Vice-Consuls  or 
Commercial  Agents,  and  may  be  confined  in  the  public  prisons  at  the 
request  and  cost  of  those  who  shall  claim  them,  in  order  to  be  detained 
until  the  time  when  they  shall  be  restored  to  the  vessels  to  which  they 
belonged,  or  sent  back  to  their  own  country  by  a vessel  of  the  same 
nation,  or  any  other  vessel  whatever.  But  if  not  sent  back  within 
three  months  from  the  day  of  their  arrest,  they  shall  be  set  at  liberty, 
and  shall  not  be  again  arrested  for  the  same  cause. 

However,  if  the  deserter  should  be  found  to  have  committed  any 
crime  or  offence,  his  surrender  may  be  delayed  until  the  tribunal 
before  which  his  case  shall  be  depending  shall  have  pronounced  its 
sentence,  and  such  sentence  shall  have  been  carried  into  effect. 

The  present  additional  articles  shall  have  the  same  force  and 
value  as  if  they  were  inserted,  word  for  word,  in  the  convention 
signed  at  Washington  on  the  twenty-sixth  day  of  April,  one  thou- 
sand eight  hundred  and  twenty-six,  and  being  approved  and  ratified 
by  the  President  of  the  United  States,  by  and  with  the  advice  and 
consent  of  the  Senate  thereof;  and  by  His  Majesty  the  King  of  Den- 
mark, the  ratifications  shall  be  exchanged  at  Washington  within  six 
months  from  the  date  hereof,  or  sooner  if  possible. 

In  faith  whereof  we,  the  undersigned,  in  virtue  of  our  respective 
full  powers,  have  signed  the  present  additional  articles,  and  have 
thei’eto  affixed  our  seals. 

Done  in  triplicate  at  the  city  of  Washington  on  the  eleventh  day 
of  July,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty-one. 

[seal.]  William  H.  Seward. 

[seal.]  W.  R.  Raasloff. 


1872. 

Naturalization  Convention. 

Concluded  July  20,  1872;  ratification  advised  hy  the  Senate  January 
13,  1873;  ratifiecl  hy  the  President  January  22,  1873;  ratifications 
exchanged  March  If.,  1873 ; proclaimed  April  15,  1873. 

' Articles. 

I.  Naturalization  recognized.  IV.  Duration. 

II.  Keadinission  to  former  status.  V.  Ratification. 

III.  Renunciation  of  acquired  status. 

The  United  States  of  America  and  his  Majesty  the  King  of  Den- 
mark being  desirous  to  regulate  the  citizenship  of  the  citizens  of  the 
United  States  of  America  who  have  emigrated,  or  who  may  emigrate, 
from  the  United  States  of  America  to  the  Kingdom  of  Denmark, 
and  of  Danish  subjects  who  have  emigrated,  or  who  may  emigrate 
from  the  Kingdom  of  Denmark  to  the  United  States  of  America, 


DENMARK 1872. 


385 


have  resolved  to  conclude  a convention  for  that  purpose,  and  have 
named  as  their  Plenipotentiaries,  that  is  to  say,  the  President  of  the 
United  States  of  America : Michael  J.  Cramer,  Minister  Resident  of 
the  United  States  of  America  at  Copenhagen;  and  His  Majesty  the 
King  of  Denmark : Otto  Ditlev  Baron  Rosenorn-Lehn,  Commander 
of  Danebrog  and  Danebrogsmand,  Chamberlain,  His  INIajesty’s  Min- 
ister for  Foreign  Affairs,  &c.,  &c.,  &c. ; who,  after  having  communi- 
cated to  each  other  their  respective  full  powers,  found  to  be  in  good 
and  due  form,  have  agreed  upon  and  concluded  the  following  articles, 
to  wit : 

Article  I. 

Citizens  of  the  United  States  of  America  who  have  become,  or  shall 
become,  and  are,  naturalized,  according  to  law,  within  the  Kingdom 
of  Denmark  as  Danish  subjects,  shall  be  held  by  the  United  States 
of  America  to  be  in  all  respects  and  for  all  purposes  Danish  subjects, 
and  shall  be  treated  as  such  by  the  United  States  of  America. 

In  like  manner,  Danish  subjects  who  have  become,  or  shall  become, 
and  are,  naturalized,  according  to  law,  within  the  United  States  of 
America  as  citizens  thereof,  shall  be  held  by  the  Kingdom  of  Den- 
mark to  be  in  all  respects  and  for  all  purposes  as  citizens  of  the 
United  States  of  America,  and  shall  be  treated  as  such  by  the  King- 
dom of  Denmark. 

Article  II. 

If  any  such  citizen  of  the  United  States,  as  aforesaid,  naturalized 
within  the  Kingdom  of  Denmark  as  a Danish  subject,  should  renew 
his  residence  in  the  United  States,  the  United  States  Government 
may,  on  his  application,  and  on  such  conditions  as  that  Government 
may  see  fit  to  impose,  re-admit  him  to  the  character  and  privileges 
of  a citizen  of  the  United  States,  and  the  Danish  Government  shall 
not,  in  that  case,  claim  him  as  a Danish  subject  on  account  of  his 
former  naturalization. 

In  like  manner,  if  any  such  Danish  subject,  as  aforesaid,  natural- 
ized within  the  United  States  as  a citizen  thereof,  should  renew  his 
residence  within  the  Kingdom  of  Denmark,  His  Majesty’s  Govern- 
ment may,  on  his  application,  and  on  such  conditions  as  that  Govern- 
ment may  think  fit  to  impose,  re-admit  him  to  the  character  and 
privileges  of  a Danish  subject,  and  the  United  States  Government 
shall  not,  in  that  case,  claim  him  as  a citizen  of  the  United  States 
on  account  of  his  former  naturalization. 

Article  III. 

If,  however,  a citizen  of  the  United  States,  naturalized  in  Den- 
mark, shall  renew  his  residence  in  the  former  country  without  the 
intent  to  return  to  that  in  which  he  was  naturalized,  he  shall  be  held 
to  have  renounced  his  naturalization. 

In  like  manner,  if  a Dane,  naturalized  in  the  United  States,  shall 
renew  his  residence  in  Denmark  without  the  intent  to  return  to  the 
former  country,  he  shall  be  held  to  have  renounced  his  naturalization 
in  the  United  States. 


24449— VOL  1—10 25 


386 


TEEATIES,  CONVENTIONS,  ETC. 


The  intent  not  to  return  may  be  held  to  exist,  when  a person  natu- 
ralized in  the  one  country  shall  reside  more  than  two  years  in  the 
other  country. 

Article  IV. 

The  present  convention  shall  go  into  effect  immediately  on  or  after 
the  exchange  of  the  ratifications,  and  shall  continue  in  force  for  ten 
years.  If  neither  party  shall  have  given  to  the  other  six  months 
previous  notice  of  its  intention  then  to  terminate  the  same,  it  shall 
further  remain  in  force  until  the  end  of  twelve  months  after  either 
of  the  contracting  parties  shall  have  given  notice  to  the  other  of  such 
intention. 

The  present  convention  shall  be  ratified  by  the  President  of  the 
United  States  of  America,  by  and  with  the  advice  and  consent  of  the 
Senate  thereof,  and  by  His  Majesty  the  King  of  Denmark,  and  the 
ratifications  shall  be  exchanged  at  Copenhagen  as  soon  as  may  be 
within  eight  months  from  the  date  hereof. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
the  same,  and  have  affixed  thereto  their  respective  seals. 

Done  at  Copenhagen,  the  twentieth  day  of  July,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  seventy  two. 

• [seal.]  Michael  J.  Cramer. 

[seal.]  O.  D.  Eosenorn-Lehn. 


1886. 

Agreement  for  Mutual  Exemption  of  Vessels  froji  Readmeas- 

tTREMENT. 

Signed  at  asliington,  February  26,  1886. 

The  Government  of  the  United  States  of  America  and  the  Govern- 
ment of  His  Majesty  the  King  of  Denmark  having  found  it  expedient 
to  enter  into  an  agreement  for  the  mutual  exemption  from  readmeas- 
urement of  United  States  and  Danish  vessels  in  the  ports  of  their 
respective  countries,  have  authorized  the  undersigned  to  sign  the  fol- 
lowing declaration. 

I.  Danish  steam  and  sailing  vessels  shall  be  exempted  from  read- 
measurement in  all  ports  of  the  United  States,  and  the  net  register 
tonnage  denoted  in  their  certificate  of  registry  and  nationality  shall 
be  deemed  to  be  equal  to  the  net  or  register  tonnage  of  vessels  of  the 
United  States,  provided  only,  that,  if  in  any  case  it  shall  be  found 
that  a vessel  has  added  to  her  carrying  capacity  since  the  issue  of  her 
register  or  certificate  of  admeasurement,  the  spaces  or  houses  so 
added  shall  be  admeasured  and  the  usual  fee  exacted. 

II.  Steam  and  sailing  vessels  of  the  United  States  shall  be  ex- 
empted from  readmeasurement  in  all  Danish  ports,  and  the  net  or 
register  tonnage  stated  in  their  certificates  of  registry  shall  be  deemed 
to  be  equal  to  the  net  register  tonnage  of  Danish  ships;  provided  only, 
that  in  cases  in  which  the  certificates  of  vessels  of  the  United  States 


DENMARK 1886-1888. 


387 


express  the  gross  tonnage  only,  deductions  of  the  spaces  or  compart- 
ments appropriated  to  the  use  of  the  crew  of  the  vessel  in  steam  and 
sailing  vessels,  and  of  the  spaces  occupied  by  or  necessary  for  the 
propelling  power  in  steam  vessels,  shall  be  made  according  to  the 
Danish  rules  for  admeasurement,  without  any  expense  to  the  vessel. 

The  present  agreement  shall  take  effect  on  the  1st  of  April,  1886. 

Done  in  duplicate  at  Washington,  D.  C.  this  twenty-sixth  day  of 
February,  1886. 

[seal.]  T.  F.  Bayard. 

[seal.]  P.  Lovenorn. 


1888. 

Agreement  submitting  Claim  of  Carlos  Butterfield  & Co.  to 

Arbitration. 

Concluded  December  6,  1888;  ratifcation  advised  by  the  Senate  Feb- 
ruary 11,  1889;  ratified  by  the  President  April  23,  1889;  ratif ca- 
tions exchanged  May  23,  1889;  proclaimed  May  21^,  1889. 

Articles. 

I.  Arbitrator.  IV.  Finality  of  award. 

II.  Evidence ; arguments.  V.  Ratification. 

III.  Expenses. 

Whereas  the  Government  of  the  United  States  of  America  has 
heretofore  presented  to  the  Kingdom  of  Denmark  the  claim  of 
Carlos  Butterfield  and  Company,  of  which  Carlos  Butterfield  now 
deceased  was  the  surviving  partner,  for  an  indemnitj^  for  the  seizure 
and  detention  of  the  two  vessels,  the  steamer  Ben  Franklin  and  the 
Barque  Catherine  Augusta,  by  the  authorities  of  the  Island  of  St. 
Thomas  of  the  Danish  West  India  Islands  in  the  years  1891  and 
1855;  for  the  refusal  of  the  ordinary  right  to  land  cargo  for  the 
jiurpose  of  making  repairs;  for  the  injuries  resulting  from  a shot 
fired  into  one  of  the  vessels ; and  for  other  wrongs : 

Whereas  the  said  Governments  have  not  been  able  to  arrive  at  a 
conclusive  settlement  thereof:  and 

"Wliereas  each  of  the  parties  hereto  has  entire  confidence  in  the 
learning,  ability  and  impartiality  of  Sir  Edmund  Monson,  Her  Brit- 
ish Majesty’s  Envoy  Extraordinary  and  Minister  plenipotentiary  in 
Athens, 

Now  therefore  the  undersigned,  Rasmus  B.  Anderson,  Minister 
Resident  of  the  United  States  of  America  at  Copenhagen,  and 
Baron  O.  D.  Rosenorn-Lehn,  Royal  Danish  Minister  of  Foreign 
Affairs,  duly  empowered  thereto  by  their  respective  Governments 
have  agreed  upon  the  stipulations  contained  in  the  following  Articles : 

Article  I. 

The  said  claim  of  Carlos  Butterfield  and  Company  shall  be  referred 
to  the  said  Sir  Edmund  Monson,  Her  British  Majesty’s  Envoy  ex- 
traordinary and  Minister  Plenipotentiary  in  Athens,  as  sole  arbitra- 


388 


TREATIES,  COKVENTIOXS,  ETC. 


tor  thereof  in  conformity  with  the  conditions  hereinafter  expressed; 
to  which  end  the  High  Contracting  Parties  agree  to  communicate 
to  1dm  in  writing  their  common  desire  to  commit  the  matter  to  his 
arbitration.  * 


Article  II. 

The  Arbitrator  shall  receive  in  evidence  before  him  duly  certified 
copies  of  all  docnments,  records,  affidavits  or  other  papers  heretofore 
filed  in  support  of  or  against  the  claim  in  the  proper  department  of 
the  respective  Governments,  copies  of  which  shall  at  the  same  time 
be  furnished  to  the  other  Government.  Each  Government  shall 
file  its  evidence  before  the  arbitrator  within  seventy  five  days  after 
its  receipt  of  notice  of  his  acceptance  of  the  position  conferred  upon 
him. 

Each  party  shall  be  allowed  sevent5^-five  days  thereafter  to  file 
with  the  arbitrator  a written  argument.  The  arbitrator  shall  render 
his  award  within  sixty  days  after  the  date  at  which  the  arguments 
of  both  parties  shall  have  been  received. 

Article  III. 

The  expenses  of  such  arbitration,  which  shall  include  the  compen- 
sation of  a clerk  at  the  rate  of  not  more  than  two  hundred  dollars 
a month,  should  the  arbitrator  request  such  aid,  shall  be  borne  by  the 
two  Governments  jointly  in  equal  moieties. 

Article  IY. 

The  High  Contracting  Parties  agree  to  accept  the  decision  of  the 
arbitrator  as  final  and  conclusive  and  to  abide  by  and  perform  the 
same  in  good  faith  and  without  unnecessary  delay. 

Article  V. 

This  agreement  shall  be  ratified  by  each  Government  and  the  rati- 
fications exchanged  at  Washington  as  soon  as  possible. 

In  witness  whereof  the  respective  plenipotentiaries  have  signed 
and  sealed  the  present  Agreement  in  duplicate  in  the  English  and 
Danish  languages. 

Done  at  Copenhagen,  this  sixth  day  of  December  in  the  year  of  Our 
Lord  one  thousand  eight  hundred  and  eighty-eight. 

O.  D.  Rosenorn  Lehn  [seal] 

R.  B.  Anderson  [seal] 


Sir  Edmund  Monson  accepted  the  position  of  arbitrator  and  in  due 
course  rendered  his  award,  disallowing  the  claim. 


DENMARK 1892, 


389 


1892. 

Trade-Mark  Convention. 

Concluded  June  15^  1892;  ratification  advised  hy  the  Seriate  July  21, 

1892;  ratifed  hy  the  President  July  29,  1892;  ratifications  ex- 
changed Septemher  28, 1892;  proclaimed  October  12,  1892. 

Articles. 

I.  Reciprocal  rights.  I III.  Duration. 

II.  Formalities.  I IV.  Ratification. 

With  a view  to  secure  for  the  manufacturers  in  the  United  States 
of  America,  and  those  in  Denmark,  the  reciprocal  protection  of  their 
Trade  Marks  and  Trade  Labels,  the  Undersigned,  duly  authorised  to 
that  effect,  have  agreed  on  the  following  dispositions. 

Article  I. 

The  subjects  or  citizens  of  each  of  the  High  Contracting  Parties 
shall  in  the  Dominions  and  Possessions  of  the  other  have  the  same 
rights  as  belong  to  native  subjects  or  citizens,  in  everything  relating  to 
Trade  Marks  and  Trade  Labels  of  every  kind. 

Provided,  always,  that  in  the  United  States  the  subjects  of  Den- 
mark, and  in  Denmark,  the  citizens  of  the  United  States  of  America, 
cannot  enjoy  these  rights  to  a greater  extent  or  for  a longer  period  of 
time  than  in  their  native  country. 

Article  II. 

Any  person  in  either  country  desiring  protection  of  his  Trade  Mark 
in  the  Dominions  of  the  other  must  fulfil  the  formalities  required  by 
the  law  of  the  latter;  but  no  person,  being  a subject  or  citizen  of  one 
of  the  contracting  States,  shall  be  entitled  to  claim  protection  in  the 
other  by  virtue  of  the  provisions  of  this  convention,  unless  he  shall 
have  first  secured  protection  in  his  own  country  in  accordance  with 
the  laws  thereof. 

Article  III. 

This  arrangement  shall  go  into  effect  immediately  on  or  after  the 
exchange  of  the  ratifications  and  shall  be  in  force  until  a year  after  it 
has  been  recalled  by  the  one  or  the  other  of  the  two  High  Parties. 

Article  IV. 

The  present  convention  shall  be  ratified  by  the  President  of  the 
United  States  of  America  by  and  with  the  advice  and  consent  of  the 
Senate  thereof  and  by  His  Majesty  the  King  of  Denmark,  and  the 
ratifications  shall  be  exchanged  at  Copenhagen  as  soon  as  may  be 
within  ten  months  from  the  date  hereof. 

In  witness  whereof  the  Undersigned  have  signed  the  present  con= 
vention  and  have  affixed  thereto  the  seal  of  their  arms. 

Done  at  Copenhagen  in  double  expedition  the  15.  June  1892. 

Clark  E.  Carr. 

[seal.] 

Reedtz  Thott. 

[seal.] 


390 


TREATIES,  CONVENTIONS,  ETC. 


1893. 

Copyright  Proclamation. 

Whereas  it  is  provided  by  section  13  of  the  act  of  Congress  of  March 
3,  1891,  entitled  “An  act  to  amend  title  sixty,  chapter  three,  of  the 
revised  statutes  of  the  United  States,  relating  to  copyrights,”  that  said 
act  “ shall'  only  apply  to  a citizen  or  a subject  of  a foreign  state  or 
nation  when  such  foreign  state  or  nation  permits  to  citizens  of  the 
United  States  of  America  the  benefit  of  copyright  on  substantially 
the  same  basis  as  its  own  citizens;  or  when  such  foreign  state  or 
nation  is  a party  to  an  international  agreement  which  provides  for 
reciprocity  in  the  granting  of  copyright,  by  the  terms  of  which  agree- 
ment the  United  States  of  America  may,  at  its  pleasure,  become  a 
party  to  such  agreement;” 

And  whereas  it  is  also  provided  by  said  section  that  “ the  existence 
of  either  of  the  conditions  aforesaid  shall  be  determined  by  the 
President  of  the  United  States  by  proclamation  made  from  time  to 
time  as  the  purposes  of  this  act  may  require ;” 

And  whereas  satisfactory  official  assurances  have  been  given  that 
in  Denmark  the  law  permits  to  citizens  of  the  United  States  of 
America  the  benefit  of  copyright  on  substantially  the  same  basis  as 
to  the  subjects  of  Denmark, 

Now,  therefore,  I,  Grover  Cleveland,  President  of  the  United  States 
of  America,  do  declare  and  proclaim  that  the  first  of  the  conditions 
specified  in  section  13  of  the  act  of  March  3,  1891,  now  exists  and  is 
fulfilled  in  respect  to  the  subjects  of  Denmark. 

In  testimony  whereof  I have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington  this  eighth  day  of  May,  one  thou- 
sand eight  hundred  and  ninety-three  and  of  the  Independence  of  the 
United  States  the  one  hundred  and  seventeenth. 

Grover  Cleveland. 

By  the  President: 

W.  Q.  Gresham, 

Secretary  of  State. 


1902.“ 

Extradition  Treaty. 


Concluded  January  d,  1902;  ratification  advised  by  Senate  January 
30,  1902;  ratified  by  President  February  26,  1902;  ratifications  ex- 
changed April  16,  1902;  proclaimed  April  17,  1902. 

Articles. 


I.  Delivery  of  accused. 

II.  Extraditable  crimes. 

III.  Procedure. 

IV.  Provisional  detention. 

V.  Nondelivery  of  citizens. 

VI.  Political  offences. 

VII.  Limitations. 


VIII.  Prior  offences. 

IX.  Property  seized  with  fugitive. 

X.  Persons  claimed  by  other  coun- 
tries. 

XI.  Expenses. 

XII.  Ratification ; duration. 


The  United  States  of  America  and  his  Majesty  the  King  of  Den- 
mark, being  desirous  to  confirm  their  friendly  relations  and  to  pro- 


See  supplementary  extradition  treaty,  page  395. 


DENMAKK — 1902. 


391 


mote  the  cause  of  justice,  have  resolved  to  conclude  a treaty  for  the 
extradition  of  fugitives  from  justice,  and  have  appointed  for  that 
purpose  the  following  plenipotentiaries: 

The  President  of  the  United  States  of  America,  John  Hay,  Secre- 
tary of  State  of  the  United  States;  and  his  Majesty  the  King  of 
Denmark,  Mr.  Constantin  Brun,  Commander  of  the  Order  of  Danne- 
broge  and  decorated  with  the  Cross  of  Honor  of  the  same  Order, 
His  Majesty’s  Chamberlain  and  Envoy  Extraordinary  and  Minister 
Plenipotentiary  at  Washington;  who,  after  having  communicated  to 
each  other  their  respective  full  powers,  found  in  good  and  due  form, 
have  agreed  upon  and  concluded  the  following  articles: 

Article  I. 

The  Government  of  the  United  States  and  the  Government  of  Den- 
mark mutually  agree  to  deliver  up  persons  who,  having  been  charged 
with  or  convicted  of  any  of  the  crimes  and  offenses  specified  in  the 
following  article,  committed  within  the  jurisdiction  of  one  of  the  con- 
tracting parties,  shall  seek  an  as3dum  or  be  found  within  the  terri- 
tories of  the  other:  Provided  that  this  shall  only  be  done  upon  such 
evidence  of  criminality  as,  according  to  the  laws  of  the  place  where 
the  fugutive  or  person  so  charged  shall  be  found,  would  justify  his 
or  her  apprehension  and  commitment  for  trial  if  the  crime  or  offense 
had  been  fhere  committed. 


Article  II. 

Extradition  shall  be  granted  for  the  following  crimes  and  offenses : 

1.  Murder,  comprehending  assassination,  parricide,  infanticide,  and 
poisoning ; attempt  to  commit  murder ; the  killing  of  a human  being, 
when  such  act  is  punishable  in  the  United  States  as  voluntary  man- 
slaughter, and  in  Denmark  as  manslaughter. 

2.  Arson. 

3.  Robbery,  defined  to  be  the  act  of  feloniously  and  forcibly  taking 
from  the  person  of  another  money  or  goods,  by  violence  or  putting 
him  in  fear ; burglar}',  also  housebreaking  or  shopbreaking. 

4.  Forgery,  or  the  utterance  of  forged  papers;  the  forgery  or  falsi- 
fication of  official  acts  of  government,  of  public  authorities,  or  of 
courts  of  justice,  or  the  utterance  of  the  thing  forged  or  falsified. 

5.  The  counterfeiting,  falsifying  or  altering  of  money  whether  coin 
or  paper,  or  of  instruments  of  debt  created  by  national,  state,  provin- 
cial or  municipal  governments,  or  of  coupons  thereof,  or  of  banknotes, 
or  the  utterance  or  circulation  of  the  same;  or  the  counterfeiting, 
falsifying  or  altering  of  seals  of  state. 

6.  Einbezzlement  by  public  officers ; embezzlement  by  persons  hired 
or  salaried,  to  the.  detriment  of  their  employers;  larceny;  obtaining 
money,  valuable  securities  or  other  property  by  false  pretenses,  or 
receiving  money,  valuable  securities,  or  other  property,  knowing  the 
same  to  have  been  embezzled,  stolen  or  fraudulently  obtained,  when 
such  act  is  made  crimifial  by  the  laws  of  both  countries  and  the 
amount  of  money  or  the  value  of  the  property  fraudulently  obtained 
or  received  is  not  less  than  $200.  or  Kroner  740. 

7.  Fraud,  or  breach  of  trust  by  a bailee,  banker,  agent,  factor, 
trustee  or  other  person  acting  in  a fiduciary  capacity,  or  director  or 


392 


TREATIES,  CONVENTIONS,  ETC. 


member  or  officer  of  any  company,  when  such  act  is  made  criminal  by 
the  laws  of  the  countries,  and  the  amount  of  money  or  the  value  of  the 
property  misappropriated  is  not  less  than  $200.  or  Kroner  740. 

8.  Perjury;  subornation  of  perjury. 

9.  Rape ; abduction  ; kidnapping. 

10.  Malicious  destruction  of,  or  attempt  to  destroy,  railways,  trains 

or  cars,  bridges,  dwellings,  public  edifices,  or  other  buildings,  when 
the  act  endangers  human  life.  ' 

11.  Crimes  committed  at  sea: 

(a)  Piracy,  by  statute  or  by  the  law  of  nations. 

(b)  Revolt,  or  conspiracy  to  revolt,  by  two  or  more  persons  on 
board  a ship  on  the  high  seas  against  the  authority  of  the  master. 

(c)  Wrongfully  sinking  or  destroying  a vessel  at  sea,  or  attempt- 
ing to  do  so. 

(d)  Assault  on  board  a ship  on  the  high  seas  with  intent  to  do 
grievous  bodily  harm. 

12.  Crimes  and  otfenses  against  the  laws  of  both  countries  for  the 
suppression  of  slavery  and  slave-trading. 

13.  Procuring  abortion. 

Extradition  is  also  to  take  place  for  participation  in  any  of  the 
crimes  and  otfenses  mentioned  in  this  Treaty,  provided  such  partici- 
pation may  be  punished  in  the  United  States  as  a felony,  and  in  Den- 
mark by  imprisonment  at  hard  labor. 

Article  III. 

Requisitions  for  the  surrender  of  fugitives  from  justice  shall  be 
made  by  the  diplomatic  agents  of  the  contracting  parties,  or  in  the 
absence  of  these  from  the  country  or  its  seat  of  government,  may  be 
made  by  the  superior  consular  officers. 

If  the  person  whose  extradition  is  requested  shall  have  been  con- 
victed of  a crime  or  otfense,  a duly  authenticated  cojiy  of  the  sentence 
of  the  court  in  which  he  was  convicted,  or  if  the  fugitive  is  merely 
charged  with  crime,  a duly  authenticated  copy  of  the  warrant  of 
arrest  in  the  country  where  the  crime  has  been  committed,  and  of  the 
depositions  or  other  evidence  upon  which  such  warrant  was  issued, 
shall  be  produced. 

The  extradition  of  fugitives  under  the  provisions  of  this  Treaty 
shall  be  carried  out  in  the  United  States  and  in  Denmark  respectively, 
in  conformity  with  the  laws  regulating  extradition  for  the  time  being 
in  force  in  the  state  on  which  the  demand  for  surrender  is  made. 

Article  IV. 

Vdien  the  arrest  and  detention  of  a fugitive  in  the  United  States 
are  desired  on  telegraphic  or  other  information  in  advance  of  the 
presentation  of  formal  proofs,  complaint  on  oath,  as  provided  by  the 
statutes  of  the  United  States,  shall  be  made  by  an  agent  of  the  Danish 
Government  before  a judge  or  other  magistrate  authorized  to  issue 
warrants  of  arrest  in  extradition  cases. 

In  the  Kingdom  of  Denmark  the  diplomatic  or  consular  officer  of 
the  United  States  shall  apply  to  the  Foreign  Office,  which  will  imme- 


DENMARK 1902. 


393 


diately  cause  the  necessary  steps  to  be  taken  in  order  to  secure  the 
provisional  arrest  and  detention  of  the  fugitive. 

The  provisional  detention  of  a fugitive  shall  cease  and  the  prisoner 
be  released,  if  a formal  requisition  for  his  surrender,  accompanied  by 
the  necessary  evidence  of  his  criminality,  has  not  been  produced  under 
the  stipulations  of  this  Convention,  within  two  months  from  the  date 
of  his  provisional  arrest  or  detention. 

Article  V. 

Neither  of  the  contracting  parties  shall  be  bound  to  deliver  up  its 
own  citizens,  born  or  naturalized,  under  the  stipulations  of  this  Con- 
vention. 

Article  VI. 

A fugitive  criminal  shall  not  be  surrendered  if  the  offense  in  respect 
of  which  his  surrender  is  demanded  be  of  a political  character,  or  if  he 
proves  that  the  requisition  for  his  surrender  has,  in  fact,  been  made 
with  a view  to  try  or  punish  him  for  an  offense  of  a political  char- 
acter. 

No  person  surrendered  by  either  of  the  high  contracting  parties  to 
the  other  shall  be  triable  or  tried,  or  be  punished  for  any  political 
crime  or  offense,  or  for  any  act  connected  therewith,  committed  pre- 
viously to  his  extradition. 

An  attempt  against  the  life  of  the  head  of  either  Government,  or 
against  that  of  any  member  of  his  family,  when  such  attempt  com- 
prises the  act  either  of  murder  or  assassination,  or  of  poisoning,  shall 
not  be  considered  a political  offense  or  an  act  connected  with  such 
offense. 

If  any  question  shall  arise  as  to  whether  a case  comes  within  the 
provisions  of  this  Article,  the  decision  of  the  authorities  of  the  gov- 
ernment on  which  the  demand  for  surrender  is  made,  or  which  may 
have  granted  the  extradition,  shall  be  final. 

Article  VII. 

Extradition  shall  not  be  granted,  in  pursuance  of  the  provisions  of 
this  Convention,  if  legal  proceedings  or  the  enforcment  of  the  pen- 
alty for  the  act  committed  by  the  person  claimed  has  become  barred 
by  limitation,  according  to  the  laws  of  the  country  to  which  the 
requisition  is  addressed. 


Article  VIII. 

No  person  surrendered  by  either  of  the  high  contracting  parties  to 
the  other  shall  without  his  consent,  freely  granted  and  publicly  de- 
clared by  him,  be  triable  or  tried,  or  be  punished  for  any  crime  or 
offense  committed  prior  to  his  extradition,  other  than  that  for  which 
he  was  delivered  up,  until  he  shall  have  had  an  opportunity  of  re- 
turning to  the  country  from  which  he  was  surrendered. 


394 


TREATIES,  CONVENTIONS,  ETC. 


Article  IX, 

All  articles  seized  which  are  in  the  possession  of  the  person  to  be 
surrendered  at  the  time  of  his  apprehension,  whether  being  the  pro- 
ceeds of  the  crime  or  offense  charged,  or  being  material  as  evidence  in 
making  proof  of  the  crime  or  offense  shall,  so  far  as  practicable  and 
in  conformity  with  the  laws  of  the  respective  countries,  be  given  up 
when  the  extradition  takes  place.  Nevertheless,  the  rights  of  third 
parties  with  regard  to  such  articles  shall  be  duly  respected. 

Article  X. 

If  the  individual  claimed  by  one  of  the  high  contracting  parties,  in 
pursuance  of  the  present  Treaty,  shall  also  be  claimed  by  one  or  sev- 
eral other  powers  on  account  of  crimes  or  offenses  committed  within 
their  respective  jurisdictions,  his  extradition  shall  be  granted  to  the 
State  whose  demand  is  first  received : Provided,  that  the  Government 
from  which  extradition  is  sought  is  not  bound  by  treaty  to  give  pref- 
erence otherwise. 

Article  XI. 

The  expenses  incurred  in  the  arrest,  detention,  examination  and 
delivery  of  fugitives  under  this  Treaty  shall  be  borne  by  the  State  in 
Avhose  name  the  extradition  is  sought ; Provided,  that  the  demanding 
government  shall  not  be  compelled  to  bear  any  expense  for  the  serv- 
ices of  such  public  officers  of  the  government  from  which  extradition 
is  sought  as  receive  a fixed  salary;  and  Provided  that  the  charge  for 
the  services  of  such  public  officers  as  receive  only  fees  or  perquisites 
shall  not  exceed  their  customary  fees  for  the  acts  or  services  per- 
formed by  them  had  such  acts  or  services  been  performed  in  ordinary 
criminal  proceedings  under  the  laws  of  the  country  of  which  the}^ 
are  officers. 

Article  XII. 

The  present  Treaty  shall  take  effect  on  the  thirtieth  day  after  the 
date  of  the  exchange  of  ratifications,  and  shall  not  operate  retro- 
actively. 

The  ratifications  of  the  present  Treaty  shall  be  exchanged  at  Wash- 
ington as  soon  as  possible  and  it  shall  remain  in  force  for  a period  of 
six  months  after  either  of  the  contracting  governments  shall  have 
given  notice  of  a purpose  to  terminate  it. 

In  witness  whereof,  the  respective  plenipotentiaries  have  signed  the 
above  articles,  both  in  the  English  and  the  Danish  languages  and 
have  hereunto  affixed  their  seals. 

Done  in  duplicate,  at  the  City  of  Washington,  this  sixth  day  of 
January  nineteen  hundred  and  two. 

John  Hay  [seal.] 

C.  Brun.  [seal.] 


395 


1905. 

Supplementary  Extradition  Treaty. 

Signed  November  6, 1905;  ratification  advised  by  the  Senate  Decem- 
ber 7,  1905;  ratified  by  the  President  February  13^  1906 ; ratifica- 
tions exchanged  February  19, 1906 ; proclaimed  February  19, 1906. 

Articles. 

I.  Crimes  committed  in  island  posses-  I II.  Bribery. 

sions.  I III.  Ratifications. 

The  United  States  of  America  and  His  Majesty  the  King  of  Den- 
mark, agreeing  that  the  convention  for  the  extradition  of  criminals 
signed  by  their  Plenipotentiaries  at  Washington  on  January  6,  1902, 
is  applicable  to  their  respective  island  possessions  or  colonies,  and 
desiring  to  define  the  procedure  by  which  applications  for  the  surren- 
der of  accused  persons  from  such  island  possessions  or  colonies  shall 
be  made,  and  to  add  to  the  list  of  extraditable  crimes  mentioned  in 
Article  II  of  the  said  convention  of  J anuary  6,  1902,  by  means  of  an 
additional  convention,  have  to  that  end  appointed  as  their  Plenipoten- 
tiaries : 

The  President  of  the  United  States  of  America,  Elihu  Root, 
Secretary  of  State  of  the  United  States;  and 

His  Majesty  the  King  of  Denmark,  Mr.  Constantin  Brun,  Com- 
mander of  the  Order  of  Dannebroge  and  decorated  with  the  Cross 
of  Honor  of  the  same  Order,  His  Majesty’s  Chamberlain  and  Envoy 
Extraordinary  and  Minister  Plenipotentiary  at  Washington; 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers,  found  in  due  and  good  form,  have  agreed  upon  and  con- 
cluded the  following  articles: 

Article  I. 

In  the  case  of  crimes  committed  in  the  island  possessions  or  colonies 
of  the  contracting  parties,  applications  for  the  surrender  of  the 
accused  may  be  made  directly  to  the  Governor  or  Chief  Magistrate  of 
the  island  possession  or  colony  in  which  the  fugitive  has  sought 
refuge,  by  the  Governor  or  Chief  Magistrate  of  the  colony  or  island 
possession  of  the  other  contracting  party,  provided  that  both  island 
possessions  or  colonies  are  situated  in  America.  The  aforesaid  Gov- 
ernors or  Chief  Magistrates  shall  have  authority  either  to  grant  the 
extradition  or  to  refer  the  matter  for  decision  to  the  Government  of 
the  mother  country.  In  all  other  cases  applications  for  extradition 
shall  be  made  through  the  diplomatic  channel. 

IVIiere  a fugitive  criminal  is  arrested  in  the  Philippine  Islands,  the 
Hawaiian  Islands,  Faroe  Islands,  or  Iceland  he  may  be  provisionally 
detained  for  a period  of  four  months. 

Article  II. 

In  addition  to  the  crimes  and  offenses  mentioned  in  Article  II  of 
the  convention  between  the  United  States  of  America,  and  the  King- 


396 


TREATIES,  CONVENTIONS,  ETC. 


dom  of  Denmark  for  the  extradition  of  criminals,  signed  at  Wash- 
ington on  January  G,  1902,  extradition  shall  be  granted  also  for  the 
following  crime  or  offense: 

Bribery,  defined  to  be  the  offering,  giving  or  receiving  of  bribes, 
when  made  punishable  by  the  laws  of  the  two  contracting  parties. 

Article  III. 

The  present  convention  shall  be  considered  as  an  integral  part  of 
the  said  extradition  convention  of  January  G,  1902,  and  sliall  be  rati- 
fied according  to  the  respective  laws  of  the  two  contracting  parties. 
The  ratifications  shall  be  exchanged  at  Washington  as  soon  as  possible. 

In  testimony  whereof,  the  respective  plenipotentiaries  have  signed 
the  above  articles,  both  in  the  English  and  Danish  languages  and  have 
hereunto  affixed  their  seals. 

Done  in  duplicate,  at  the  City  of  Washington,  this  sixth  da}'  of 
November,  nineteen  hundred  and  five. 

Elihu  Root  [l.  s.] 

C.  Brun  [l.  s.] 


1906. 

Agreement  by  Exchange  of  Notes  on  June  22  and  June  2G,  1906, 
WITH  Respect  to  the  Protection  of  Industrial  Designs  or 
Models. 

The  Acting  Secretary  of  State  to  the  Danish  Minister. 

Department  of  State, 

W ashington.,  Jane  1906. 

Sir  : I have  the  honor  to  acknowledge  the  receipt  of  your  note  of 
the  8th  instant,  in  which  you  state  that  your  Government  instructs 
you  to  jiropose  to  the  De2iartment  that  the  Government  of  the  United 
States  declare  formally,  in  a note  addressed  to  your  legation,  that, 
under  the  laws  of  the  United  States,  it  is  not  necessary,  in  order  to 
secure  the  protection  of  Danish  industrial  designs  or  models,  that 
the  articles  they  represent  shall  be  manufactured  in  the  United  States. 

In  return  for  such  a declaration  you  announce  your  willingness  to 
declare,  under  authority  already  received  from  your  Government,  that 
the  Government  of  the  King  will  promulgate  a royal  ordinance  by 
which,  under  the  law  of  Ajiril  1,  1905,  § 11  i.  f.,  exemption  from  Rule 
No.  4 of  § 11,  relating  to  the  requirement  that  the  corresponding 
articles  shall  be  manufactured  in  Denmark,  shall  be  granted  to  Amer- 
ican industrial  drawings  or  models  as  long  as  the  said  laws  of  the 
United  States  on  the  subject  shall  remain  unchanged. 

In  reply  I have  the  honor  to  inform  you  that  this  Government  is 
willing  to  make,  and  does  hereby  formally  make,  the  declaration 
cited  above  on  the  condition  proposed  by  you. 

Accept,  etc.. 


Mr.  Constantin  Brun, 

etc..,  etc..,  etc. 


Robert  Bacon, 
Acting  Secretary. 


DENMARK 1906. 


397 


The  Danish  Minister  to  the  Secretary  of  State. 


Legation  de  Danemark, 

Bar  Harhor.)  Me..,  le  26  Juin  1906. 

Monsieur  le  Secretaire  d’Etat:  J’ai  riionneur  d'accuser  recep- 
tion a Votre  Excellence  de  la  note  (No.  G29)  du  22  courant  par 
laquelle  Monsieur  Kobert  Bacon,  faisant  fonction  de  Secretaire  d’Etat, 
a bien  voulu  declarer  formellement  au  nom  du  Gouvernement  des 


Etats-Unis,  a la  condition  proposee  par  moi,  que  d’apres  les  lois  des 
Etats-Unis  il  n’est  pas  necessaire  j)Our  obtenir  la  protection  de  dessins 
oil  modeles  industriels  Danois  que  les  objets  representes  par  ces 
dessins  ou  modeles  soient  fabriques  dans  les  Etats-Unis. 

En  retour  de  cette  declaration  et  conformement  a la  condition  pro- 


posee par  moi,  je  m’empresse,  en  vertu  d’une  autorisation  recue  du 
Ministere  Royal  des  Affaires  Etrangeres,  de  declarer  formellement 
que  le  Gouvernement  du  Roi  fera  promulguer  une  ordonnance  Royale 
par  laquelle,  en  vertu  de  la  loi  du  1st  Avril  1905  § 11  i.  f.,  une  exemp- 
tion de  la  regie  du  § 11  No.  4,  relative  a la  necessite  de  fabriquer  les 
objets  correspondants  en  Danemarki  sera  faite  en  faveur  de  dessins  ou 
mod^es  industriels  provenant  des  fitats-Unis  aussi  longtemps  que  les 
dites  lois  des  Etats-Unis  relatives  au  sujet  en  question  restent  les 
memes. 

J’aurai  I’honneur  de  faire  parvenir  le  texte  de  rordonnance  Royale 
a Votre  Excellence  immediatement  apres  la  promulgation. 

Veuillez  agreer,  etc., 

C.  Brun. 


Son  Excellence  Monsieur  Elihu  Root, 

Secretaire  cVEtat. 


[Translation,] 

Legation  of  Denmark, 

Bar  Harbor.)  J/e.,  June  26 ^ 1906. 

Mr.  Secretary  of  State:  I have  the  honor  to  acknowledge  the 
receipt  of  your  excellency’s  note  No.  629,  of  the  22d  instant,  by 
which  Mr.  Robert  Bacon,  Acting  Secretary  of  State,  was  so  good  as  to 
make,  on  the  condition  proposed  by  me,  the  formal  declaration  that, 
under  the  laws  of  the  United  States,  it  is  not  necessary,  in  order  to 
secure  the  protection  of  Danish  industrial  designs  or  models,  that  the 
articles  they  represent  shall  be  manufactured  in  the  United  States. 

In  return  for  that  declaration  and  conformably  to  the  condition 
proposed  by  me,  I hasten,  by  virtue  of  an  authorization  received  from 
the  Royal  Ministry  of  Foreign  Affairs,  formally  to  declare  that  the 
Government  of  the  King  will  cause  to  be  promulgated  a royal  ordi- 
nance by  which,  under  the  law  of  April  1,  1905,  § 11  i.  f.,  exemption 
from  the  rule  in  § 11,  No.  4,  relative  to  the  requirement  that  corre- 
sponding articles  shall  be  manufactured  in  Denmark,  shall  be  granted 
to  industrial  designs  or  models  from  the  United  States  as  long  as  the 


398 


TREATIES,  CONVENTIONS,  ETC. 


laws  of  the  United  States  relative  to  the  matter  under  consideration 
shall  remain  unchanged. 

I shall  have  the  honor  to  transmit  the  text  of  the  royal  ordinance 
to  your  excellency  immediately  upon  its  promulgation. 

Be  pleased  to  accept,  etc., 

C.  Brun. 


ANORDNING  Uvorved  bestemmes,  at  den  i Lov  Nr.  107  af  Iste  April  1905  § 11. 

Nr.  4 ommeldte  Opbprsgrund  for  Beskyttelse  af  her  i Landet  registrei’ede 

Mpustre  ikke  komnier  til  Anvendelse  over  for  Genstande,  der  indfpres  fra 

England  og  de  Forenede  Stater  af  Amerika. 

Vi  Frederik  den  Ottende,  af  Guds  Naade  Konge  til  Danmark, 
de  Venders  og  Goters,  Hertug  til  Slesvig,  Holsten,  Stormarn,  Dit- 
marsken,  Lauenborg  og  Oldensborg,  G0re  vitterligt : At  da  det  ved 
Xoteveksling  mellem  den  danske  Regering  paa  den  ene  Side  og 
Regeringerne  i England  og  de  Forenede  Stater  af  Amerika  paa  den 
anden  Side  er  blevet  fastslaaet,  at  Genstande,  der  fra  Denmark 
indf0res  til  de  naevnte  Lande,  kunne  nyde  M0nsterbeskyttelse  sam- 
mesteds,  saa  ville  Vi  i Henhold  til  Lov  Xr.  107  af  Iste  April  1905 
§ 11,  sidste  Stykke,  herved  have  anordnet,  at  den  i samme  Paragxaf 
under  Nr.  4 givne  Bestemmelse  om,  at  Beskyttelsen  for  M0nstret 
oph0rer,  near  Anmelderen  fra  Udlandet  indf0rer  eller  tillader  Ind- 
f0rsel  af  Genstande,  der  ere  fremstillede  efter  samme,  ikke  skal 
komme  til  Anvendelse  over  for  Genstande,  der  indf0res  fra  England 
og  de  Forenede  Stater  af  Amerika,  saa  laenge  den  i disse  Lande 
gaeldende  Rets  Regler  paa  det  omhandlede  Omraade  forblive 
uforandrede. 

Hvorefter  alle  vedkommende  sig  have  at  rette. 

Givet  paa  Charlottenlund,  den  llde  August  190G. 

Under  Vor  Kongelige  Haand  og  Segl. 

Frederik  R. 

[l.  s.] 

Sigurd  Berg. 


Royal  ordinance. 

[Translation.] 


We,  Frederick  the  Eighth,  by  God’s  grace  King  of  Denmark,  the 
Wends  and  Goths,  Duke  of  Sleswick,  Holstein,  Stormarn,  Ditmarsh, 
Lauenburg,  and  Oldenburg,  make  known  that,  inasmuch  as  it  was 
decided  in  an  exchange  of  notes  between  the  Danish  Government  on 
the  one  hand  and  the  Governments  of  England  and  the  United  States 
of  America  on  the  other  that  articles  imported  from  Denmark  into 
the  said  countries  may  enjoy  the  protection  granted  on  the  model 
there,  it  is  Our  will  hereb}^  to  order  that  the  provisions  contained 
under  No.  4,  last  paragraph  qf  law  No.  107  of  April  1,  1905,  § 11,  to 
the  effect  that  the  protection  granted  on  the  model  shall  cease  if  the 
applicant  for  registration  from  abroad  imports  or  allows  to  be  im- 
ported articles  manufactured  after  the  same,  shall  not  be  applicable 
to  articles  imported  from  England  or  the  United  States  of  America 


DENMARK 1906-1907. 


399 


as  long  as  the  laws  in  force  on  the  subject  in  those  countries  remain 
unchanged. 

All  whom  it  may  concern  shall  be  guided  accordingly. 

Given  at  Charlottenlund,  August  14,  1906. 

Under  Our  Eoyal  hand  and  seal. 

Frederick  R. 
[l.  s.] 

Sigurd  Berg. 


1907. 

Protection  of  Trade-Marks  in  China;  Agreement  Effected  by 

Exchange  of  Notes. 

Mr.  Brun  to  Mr.  Root. 

[Translation.] 

Legation  of  Denmark, 

AY asMngton.,  D.  C.,  March  19.,  1907. 

Mr.  Secretary  of  State:  By  order  of  my  Government  I have 
the  honor  to  beg  that  Your  Excellency  will  kindly  let  me  know 
vhether  the  Government  of  the  United  States  would  be  disposed  to 
conclude  an  arrangement  Avith  the  Government  of  the  King  for  the 
reciprocal  protection  in  China  of  the  trade-marks  of  the  citizens  of 
our  two  countries  when  the  said  trade-marks  are  duly  registered  in 
the  country  of  the  infringer. 

Should  the  Government  of  the  United  States  be  disposed  to  con- 
clude such  an  arrangement,  the  King’s  Government  would  take  the 
necessary  measures  to  have  Danish  subjects  who  would  infringe  in 
China  an  American  trade-mark  duly  registered  in  Denmark,  brought 
before  the  Danish  Consular  Court  at  Shanghai  and  eventully  pun- 
ished in  accordance  with  the  provisions  of  the  law  of  Denmark. 

The  GoA’ernment  of  the  King  would  expect  the  Government  of  the 
United  States  to  take  similar  measures  in  regard  to  American  citizens 
who  might  violate  in  China  the  privilege  of  a Danish  subject  whose 
trade-mark  is  duly  registered  in  the  United  States. 

I am  authorized  to  add  that  my  Government  would  be  very  glad 
if  such  an  arrangement  could  be  effected  by  means  of  an  exchange 
of  notes  between  Your  Excellency  and  me. 

Hoping  that  Your  Excellency  will  see  no  objection  to  assenting  to 
this  proposal  of  my  Government,  I beg  you  to  accept,  Mr.  Secretary 
of  State,  the  renewed  assurance  of  my  high  consideration. 

C.  Brun. 


Mr.  Root  to  Mr.  Brun. 

Department  of  State, 

W ashington.,  March  25.,  1907. 

Sir:  I have  the  honor  to  acknowledge  the  receipt  of  your  note  of 
the  19th  instant,  in  which,  by  order  of  your  Government,  you  inquire 
whether  the  Government  of  the  United  States  would  be  disposed  to 
conclude  with  that  of  Denmark  an  arrangement  by  an  exchange  of 


400 


TREATIES,  CONVENTIONS,  ETC. 


notes  for  the  reciprocal  jirotection  in  China  of  trade-marks  of  the 
citizens  of  either  country  from  infringement  by  citizens  of  the  other 
when  the  said  trade-marks  are  duly  registered  in  the  country  of  the 
infringer. 

By  this  agreement  Danish  subjects  infringing  in  China  an  Amer- 
ican trade-mark  duly  registered  in  Denmark  would,  you  state,  be 
brought  before  the  Danish  Consular  Court  at  Shanghai  and  even- 
tually punished  in  accordance  with  the  provisions  of  the  law  of 
Denmark,  and  the  Government  of  the  King  would  expect  the  Gov- 
ernment of  the  United  States  to  take  similar  measure  in  regard  to 
American  citizens  who  might  violate  in  China  the  privilege  of  a 
Danish  subject  whose  trade-mark  is  duly  registered  in  the  United 
States. 

The  agreement  proposed  by  your  Government  is  in  line  with  the 
agreements  which  have  been  effected  by  exchange  of  notes  between 
the  Minister  of  the  United  States  at  Peking  and  the  diplomatic 
rejiresentatives  there  of  certain  other  countries. 

It  is  to  be  pointed  out,  however,  that  in  view  of  the  fact  that 
there  is  no  statute  in  the  United  States  making  the  infringement — 
counterfeiting,  etc.,  of  a trade-mark — a criminal  offense,  and  that 
effectual  provision  exists  by  a civil  action  for  damages  by  the  owner 
of  a trade-mark,  the  word  “ punishment  ” is  to  be  understood,  with 
respect  to  the  United  States,  to  refer  to  a civil  action  only  and  not 
to  a criminal  procedure. 

If  this  explanation,  which  has  been  made  in  the  case  of  each  of 
the  agreements  mentioned  above,  is  satisfactory  to  your  Government, 
I shall  be  pleased  to  make  the  exchange  of  notes  with  you. 

Accept,  Mr.  Minister,  the  renewed  assurances  of  my  highest  con- 
sideration. 

Elihu  Eoot. 


Mr.  Clan  to  Mr.  Root. 

[Translation.] 

Danish  Legation, 

May  27, 1907. 

Mr.  Secretary  of  State:  Eeferring  to  note  Ko.  671,  which  Your 
Excellency  had  the  kindness  to  address  to  the  legation  on  March  25 
last,  I have  the  honor,  by  order  of  my  Government,  to  inform  you 
that  the  necessary  instructions  have  been  sent  to  the  Danish  consul  at 
Shanghai  (the  consular  headquarters  for  the  whole  of  China)  in 
order  to  authorize  him  to  protect  American  trade-marks,  duly  de- 
posited in  Denmark,  against  violations  by  Danish  subjects  in  China, 
to  the  same  extent  as  Danish  marks  of  the  same  nature  are  protected. 

The  law  which  the  Danish  court  at  Shanghai  is  called  upon  to 
enforce  in  the  premises  is  the  Danish  law  of  April  11,  1890,  amended 
by  the  law  of  December  19, 1898,  and  the  ordinances  of  September  28, 
1894,  and  September  12,  1902. 

Hoping  to  receive  a note  informing  me  that  the  diplomatic  and 
consular  officers  of  the  United  States  in  the  Middle  Kingdom  have 
had  the  necessary  instructions  sent  to  them  in  order  to  insure  reci- 
procity by  granting  the  protection  of  the  United  States  Consular 
Courts  in  China  to  Danish  subjects  against  American  citizens  who 


DENMARK — 1907-1908. 


401 


have  counterfeited  Danish  trade-marks  regularly  deposited  in  the 
United  States,  I beg  of  you,  Mr.  Secretary  of  State,  to  accept  the 
renewed  assurance  of  my  highest  consideration. 

J.  Clan. 


Mr.  Root  to  Mr.  Clan. 

Department  of  State, 

W ashington,  June  12^  1907. 

Sir:  I have  the  honor  to  acknowledge  the  receipt  of  your  note  of 
the  27th  ultimo  by  which  you  inform  me  that  in  pursuance  of  the 
understanding  reached  by  the  correspondence  which  passed  between 
the  Danish  legation  and  the  Department  of  State  on  March  19  and 
25,  1907,  the  necessary  instructions  have  been  sent  to  the  Danish 
consul  at  Shanghai  (the  consular  headquarters  for  the  whole  of 
China)  in  order  to  authorize  him  to  protect  American  trade-marks, 
duly  deposited  in  Denmark,  against  violations  by  Danish  subjects 
in  China,  to  the  same  extent  as  Danish  marks  of  the  nature  are 
protected. 

As  a completion  of  the  exchange  of  notes  to  give  the  said  under- 
standing effect,  I have  the  honor  to  inform  you  that,  on  the  part  of 
the  United  States,  the  Minister  of  the  United  States  at  Peking  has 
this  day  been  instructed  to  inform  the  consular  officers  of  the  United 
States  in  China  that  hereafter  trade-marks  of  Danish  subjects,  which 
have  been  duly  registered  in  the  United  States,  are  to  be  protected 
against  infringement  by  such  persons  as  come  under  the  jurisdiction 
of  the  United  States  Consular  Courts  in  China. 

Accept,  sir,  the  renewed  assurances  of  my  high  consideration. 

Elihu  Koot. 


1908. 

Arbitoatton  Convention. 

Signed  at  W ashington^  May  18,  1908;  ratification  advised  hy  the 
Senate,  May  20,  1908;  ratified  hy  the  President,  Jam,uary  8,  1909; 
ratified  hy  Denmark,  February  15, 1909;  ratifications  exchanged  at 
Washington,  March  29,  1909;  f reclaimed,  March  29,  1909. 

Articles. 

% 

I.  Differences  to  be  submitted.  i III.  Duration. 

II.  Special  agreement.  | IV.  Eatifleation. 

The  Government  of  the  United  States  of  America  and  His  Majesty 
the  King  of  Denmark,  signatories  of  the  Convention  for  the  pacific 
settlement  of  international  disputes,  concluded  at  The  Hague  on  the 
29th  July,  1899 ; 

Taking  into  consideration  that  by  Article  XIX  of  that  Conven- 
tion the  High  Contracting  Parties  have  reserved  to  themselves  the 
right  of  concluding  Agreements,  with  a view  to  referring  to  arbitra- 
24449— VOL  1—10 26 


402 


TREATIES,  CONVENTIONS,  ETC. 


tion  all  questions  which  they  shall  consider  possible  to  submit  to  such 
treatment ; 

Have  authorized  the  Undersigned  to  conclude  the  following 
arrangement : 

Article  I. 

Differences  which  may  arise  of  a legal  nature,  or  relating  to  the 
interpretation  of  treaties  existing  between  the  two  Contracting  Par- 
ties, and  which  it  may  not  have  been  possible  to  settle  by  diplomacy, 
shall  be  referred  to  the  Permanent  Court  of  Arbitration  established 
at  The  Hague  by  the  Convention  of  the  29th  July,  1899,  provided, 
nevertheless,  that  they  do  not  affect  the  vital  interests,  the  inde- 
pendence, or  the  honor  of  the  two  Contracting  States,  and  do  not 
concern  the  interests  of  third  Parties. 

Article  II. 

In  each  individual  case  the  High  Contracting  Parties,  before  ap- 
pealing to  the  Permanent  Court  of  Arbitration  shall  conclude  a special 
Agreement  defining  clearly  the  matter  in  dispute,  the  scope  of  the 
powers  of  the  Arbitrators,  and  the  periods  to  be  fixed  for  the  forma- 
tion of  the  Arbitral  Tribunal  and  the  several  stages  of  the  procedure. 
It  is  understood  that  such  special  agreements  on  the  part  of  the 
United  States  will  be  made  by  the  President  of  the  United  States,  by 
and  with  the  advice  and  consent  of  the  Senate  thereof,  and  on  the 
part  of  Denmark  by  the  King  in  such  forms  and  conditions  as  He 
may  find  requisite  or  appropriate. 

Article  III. 

The  present  Convention  is  concluded  for  a period  of  five  years, 
dating  from  the  day  of  the  exchange  of  the  ratifications. 

Article  IV. 

The  present  Convention  shall  be  ratified  by  the  President  of  the 
United  States  of  America,  by  and  with  the  advice  and  consent  of  the 
Senate  thereof;  and  by  His  Majesty  the  King  of  Denmark. 

The  ratifications  of  this  Convention  shall  be  exchanged  at  Washing- 
ton as  soon  as  possible,  and  it  shall  take  effect  on  the  date  of  the 
exchange  of  its  ratifications. 

Done  in  duplicate  in  the  English  and  Danish  languages,  at  Wash- 
ington,»this  18th  day  of  May  in  the  year  1908. 

Robert  Bacon  [seal.] 

C.  Brun.  [seal.] 


DOMIlsriCAN  REPUBLIC 
ise?.- 


Convention  of  Amity,  Commerce,  and  Navigation  and  for  the 
Surrender  of  Fugitive  Criminals. 


Concluded  February  8^  1867 ; ratif,cation  advised  hy  the  Senate^ 
March  20,  1867 ; ratified  hy  the  President,  July  31,  1867 ; ratifica- 
tions exchanged  October  6,  1867 ; 'proclaimed  October  21^,  1867. 

Articles. 


I.  Amity. 

II.  Exemption  from  military  serv- 
ice. 

III.  Reciprocal  privileges  of  citi- 

zens. 

IV.  Religious  freedom. 

V.  Property  rights. 

VI.  Tonnage  duties. 

VII.  Coasting  trade. 

VIII.  Nationality  of  vessels. 

IX.  Duties  on  imports  and  exports. 

X.  Discriminating  duties. 

XI.  Shipwrecks. 

XII.  Rights  of  neutrals  to  trade. 

XIII.  Contraband  goods. 

XIV.  Articles  not  contraband. 

XV.  Free  ships  make  free  goods. 

XVI.  Passports. 


XVII.  Proof  of  neutrality  of  vessels. 
XVm.  Visitation  and  search. 

XIX.  Neutral  vessels  with  convoy. 

XX.  Capture  of  neutral  vessels. 

XXI.  Officers,  passengers,  etc.,  on 
neutral  vessels. 

XXII.  Prize  courts. 

XXIII.  Admission  of  ships  of  war 
with  prizes. 

XXIV.  Disposition  of  prizes. 

XXV.  Letters  of  marque. 

XXVI.  Consuls. 

XXVII.  Extradition. 

XXVIII.  Crimes. 

XXIX.  Expenses. 

XXX.  Political  offenses. 

XXXI.  Duration. 

XXXII.  Ratification. 


The.United  States  of  America  and  the  Dominican  Kepublic,  equally 
animated  with  the  desire  of  maintaining  the  cordial  relations  and  of 
tightening,  if  possible,  the  bonds  of  friendship  between  the  two  coun- 
tries, as  well  as  to  augment,  by  all  the  means  at  their  disposal,  the 
commercial  intercourse  of  their  respective  citizens,  have  mutually 
resolved  to  conclude  a general  convention  of  amity,  commerce  and 
navigation,  and  for  the  surrender  of  fugitive  criminals.  For  this 
purpose  they  have  appointed  as  their  Plenipotentiaries,  to  wit: 

The  President  of  the  United  States,  John  Somers  Smith,  Commer- 
cial Agent  of  the  United  States  at  the  city  of  Santo  Domingo,  and 
the  President  of  the  Dominican  Republic,  Jose  Gabriel  Garcia,  Sec- 
retary of  State  in  the  Department  of  Foreign  Relations,  and  Juan 
Ramon  Fiallo,  ex-Secretary  of  the  Treasury; 

Who,  after  a communication  of  their  respective  full  powers,  have 
agreed  to  the  following  articles: 


Article  I. 


It  is  the  intention  of  the  high  contracting  parties  that  there  shall 
continue  to  be  a firm,  inviolable  and  universal  peace,  and  a true  and 

“ This  convention  terminated  January  13,  1898,  on  notice  from  the  Dominican 
Government. 


403 


404 


TREATIES,  CONVENTIONS,  ETC. 


sincere  friendship  between  the  Eepublics  of  the  United  States  of 
America  and  the  Dominican  Republic,  and  between  their  respective 
countries,  territories,  cities,  towns  and  people,  without  exception  of 
persons  or  places.  If,  unfortunately,  the  two  nations  should  become 
involved  in  war,  one  with  the  other,  the  term  of  six  months  after  the 
declaration  thereof  shall  be  allowed  to  the  merchants  and  other  citi- 
zens and  inhabitants  respectively,  on  each  side,  during  which  time 
they  shall  be  at  liberty  to  withdraw  themselves,  with  their  effects  and 
moveables,  which  they  shall  have  the  right  to  carry  away,  send  away, 
or  sell,  as  they  please,  without  the  least  obstruction;  nor  shall  their 
effects,  much  less  their  persons,  be  seized  during  such  term  of  six 
months ; on  the  contrar,y,  passports  shall  be  valid  for  a term  necessary 
for  their  return,  and  shall  be  given  to  them  for  their  vessels  and  the 
effects  which  they  may  wish  to  carry  with  them  or  send  away,  and 
such  passports  shall  be  a safe-conduct  against  the  insults  and  cap- 
tures which  privateers  may  attempt  against  their  persons  and  effects, 
and  the  money,  debts,  shares  in  the  public  funds,  or  in  banks,  or  any 
other  property,  personal  or  real,  belonging  to  the  citizens  of  the  one 
party  in  the  territories  of  the  other,  shall  not  be  confiscated  or  seques- 
trated. 

Article  II. 

The  citizens  of  each  of  the  high  contracting  parties,  residing  or 
established  in  the  territory  of  the  other,  shall  be  exempt  from  all 
compulsory  military  service  by  sea  or  by  land,  and  from  all  forced 
loans  or  military  exactions  or  requisitions;  nor  shall  they  be  com- 
pelled to  pay  any  contributions  whatever,  higher  or  other  than  those 
that  are  or  may  be  paid  by  native  citizens. 

Article  III. 

The  citizens  of  the  contracting  parties  shall  be  permitted  to  enter, 
sojourn,  settle  and  reside  in  all  parts  of  said 'territories,  and  such  as 
may  wish  to  engage  in  business  shall  have  the  right  to  hire  and 
occupy  warehouses,  provided  they  submit  to  the  laws,  as  well  general 
as  special,  relative  to  the  rights  of  travelling,  residing  or  trading. 
Wliile  they  conform  to  the  laws  and  regulations  in  force,  they  shall 
be  at  liberty  to  manage  themselves  their  own  business,  subject  to  the 
jurisdiction  of  either  party,  as  well  in  respect  to  the  consignment 
and  sale  of  their  goods  by  wholesale  or  retail  as  with  respect  to  the 
loading,  unloading  and  sending  off  their  ships.  They  may  also  em- 
ploy such  agents  or  brokers  as  they  may  deem  proper,  and  shall  in 
all  these  cases  be  treated  as  the  citizens  of  the  country  wherein  they  re- 
side; it  being,  nevertheless,  distinctly  understood  that  they  shall  be 
subject  to  such  laws  and  regidations  also  in  respect  to  wholesale  or 
retail.  They  shall  have  free  access  to  the  tribunals  of  justice,  in 
cases  to  which  they  may  be  a party,  on  the  same  terms  which  are 
granted  by  the  laws  and  usage  of  the  country  to  native  citizens;  for 
Avhich  purpose  they  may  employ  in  defence  of  their  interests  and 
rights  such  advocates,  attorneys  and  other  agents  as  they  may  think 
proper. 


DOMINICAN  REPUBLIC 1867, 


405 


Article  IV. 

The  citizens  of  each  of  the  high  contracting  parties,  residing  in  the 
other,  shall  enjoy  the  most  perfect  liberty  of  conscience.  They  shall 
be  subjected  to  no  inconveniences  whatever  on  account  of  their  re- 
ligious belief,  nor  shall  they  in  any  manner  be  annoyed  or  disturbed 
in  the  exercise  of  their  religious  worship  in  private  houses,  or  in  the 
chapels  and  places  which  they  may  select  for  that  purpose ; provided 
that  in  so  doing  they  observe  the  decorum  due  to  the  laws,  usages 
and  customs  of  the  country.  It  is  likewise  agreed  that  the  citizens 
of  the  one  country  dying  in  the  territory  of  the  other,  may  be  interred 
either  in  the  ordinary  cemeteries  or  in  such  others  as  may  be  selected 
for  that  purpose  by  their  own  Government,  or  by  their  personal 
friends  or  representatives,  with  the  consent  of  the  local  authorities. 
All  such  cemeteries,  and  funeral  processions  going  to  or  returning 
from  them,  shall  be  protected  from  violation  or  disturbance. 

Article  V. 

The  citizens  of  each  of  the  high  contracting  parties,  within  the 
jurisdiction  of  the  other,  shall  have  jiower  to  dispose  of  their  personal 
property  by  sale,  donation,  testament  or  otherwise;  and  their  per- 
sonal representatives,  being  citizens  of  the  other  contracting  party, 
shall  succeed  to  their  personal  property,  whether  by  testament  or 
ab  intestato.  They  may  take  possession  thereof,  either  by  themselves 
or  by  others  acting  for  them,  at  their  pleasure,  and  dispose  of  the 
same,  paying  such  duty  only  as  the  citizens  of  the  country  wherein 
the  said  personal  property  is  situated  shall  be  subject  to  pay  in  like 
cases.  In  the  absence  of  a personal  representative,  the  same  care' 
shall  be  taken  of  the  property  as  by  law  would  be  taken  of  the  prop- 
erty of  a native  in  a similar  case,  whilst  the  lawful  owner  may  take 
measures  for  securing  it.  If  a question  should  arise  among  claimants 
as  to  the  rightful  ownership  of  the  property,  the  same  shall  be  finally 
decided  by  the  judicial  tribunals  of  the  country  in  which  it  is  situated. 

VTien  on  the  decease  of  any  person  holding  real  estate  within  the 
territory  of  one  party,  such  real  estate  would  by  the  law  of  the  land 
descend  on  a citizen  of  the  other,  were  he  not  disqualified  by  alienage, 
the  longest  term  which  the  laws  of  the  country  in  which  it  is  situated 
Avill  permit  shall  be  accorded  to  him  to  dispose  of  the  same ; nor  shall 
he  be  subjected,  in  doing  so,  to  higher  or  other  dues  than  if  he  were  a 
citizen  of  the  country  wherein  such  real  estate  is  situated. 

Article  VI. 

The  high  contracting  parties  hereby  agree,  that  whatever  kind  of 
produce,  manufactures  or  merchandise,  of  any  foreign  country  can 
be,  from  time  to  time,  lawfully  imported  into  the  United  States  in 
their  own  vessels,  may  also  be  imported  in  the  vessels  of  the  Domini- 
can Republic,  and  no  higher  -or  other  duties  upon  the  tonnage  or 
cargo  of  the  vessel  shall  be  levied  or  collected,  whether  the  importa- 
tion be  made  in  a vessel  under  the  flag  of  the  United  States,  or  a vessel 
under  the  flag  of  the  Dominican  Republic.  And,  reciprocally,  what- 


406 


TREATIES,  CONVENTIONS,  ETC. 


ever  kind  of  produce,  manufactures  or  merchandise  of  any  foreign 
country  can  be,  from  time  to  time,  lawfully  imported  into  the  Do- 
minican Republic  in  her  own  vessels,  may  also  be  imported  in  vessels 
of  the  United  States,  and  no  higher  or  other  duties  upon  the  tonnage 
or  cargo  of  the  vessel  shall  be  levied  or  collected,  whether  the  importa- 
tion be  made  in  a vessel  under  the  flag  of  the  Dominican  Republic, 
or  under  the  flag  of  the  United  States. 

Whatever  can  be  lawfully  exported  or  re-exported  by  one  party  in 
its  own  vessels  to  any  foreign  country,  may,  in  like  manner,  be  ex- 
ported or  re-exported  in  the  vessels  of  the  other ; and  the  same  duties, 
bounties  and  drawbacks  shall  be  collected  and  allowed,  whether  such 
exportation  or  re-exportation  be  made  in  vessels  of  the  one  or  the 
other.  Nor  shall  higher  or  other  charges  of  any  kind  be  imposed 
in  the  ports  of  one  party  on  vessels  of  the  other  than  are  or  shall 
be  payable  in  the  same  f)orts  by  national  vessels. 

Article  VII. 

The  preceding  article  is  not  applicable  to  the  coasting  trade  of  the 
contracting  jiarties,  which  is  respectively  reserved  by  each  exclusively 
for  its  own  citizens. 

But  vessels  of  either  country  shall  be  allowed  to  discharge  a part 
of  their  cargoes  at  one  port,  and  proceed  to  any  other  jiort  or  ports  in 
the  territories  of  the  other  to  discharge  the  remainder,  without  pay- 
ing higher  or  other  port-charges  or  tonnage-dues  than  would  be  paid 
by  national  vessels  in  such  cases,  so  long  as  this  liberty  shall  be  con- 
ceded to  any  foreign  vessels  by  the  laws  of  both  countries. 

Article  VIII. 

For  the  better  understanding  of  the  preceding  stipulations,  it  has 
been  agreed  that  every  vessel  belonging  exclusively  to  a citizen  or 
citizens  of  the  Dominican  Republic,  and  whose  captain  is  also  a 
citizen  of  the  same,  such  vessel  having  also  complied  with  all  the 
other  requisites  established  by  law^  to  acquire  such  national  character, 
though  the  construction  and  crew  are  or  may  be  foreign,  shall  be  con- 
sidered, for  all  the  objects  of  this  treaty,  as  a Dominican  vessel. 

Article  IX. 

No  higher  or  other  duty  shall  be  imposed  on  the  importation  into 
the  United  States  of  any  article  the  growth,  pi’oduce  or  manufacture 
of  the  Dominican  Republic,  or  of  her  fisheries;  and  no  higher  or  other 
duty  shall  be  imposed  on  the  importation  into  the  Dominican  Repub- 
lic of  any  article  the  growth,  produce  or  manufacture  of  the  United 
States,  or  their  fisheries,  than  are  or  shall  be  payable  on  the  like 
articles  the  growth,  produce  or  manufacture  of  any  other  foreign 
country,  or  its  fisheries. 

No  other  or  higher  duties  or  charges  shall  be  imposed  in  the  United 
States  on  the  exportation  of  any  article  to  the  Dominican  Republic, 
nor  in  the  Dominican  Republic  on  the  exportation  of  any  article  to 
the  United  States,  than  such  as  are  or  shall  be  payable  on  the  exporta- 
tion of  the  like  article  to  any  other  foreign  country. 


DOMINICAN  REPUBLIC ^1867. 


407 


No  prohibition  shall  be  imposed  on  the  importation  of  any  article 
the  growth,  produce  or  manufacture  of  the  United  States  or  their 
fisheries,  or  of  the  Dominican  Republic  and  her  fisheries,  from  or  to 
the  ports  of  the  United  States  or  the  Dominican  Republic,  which 
shall  not  equally  extend  to  every  other  foreign  country. 

Article  X. 

Should  one  of  the  high  contracting  parties  hereafter  impose  dis- 
criminating duties  upon  the  products  of  any  other  nation,  the  other 
party  shall  be  at  liberty  to  determine  the  manner  of  establishing  the 
origin  of  its  own  products  intended  to  enter  the  country  by  which  the 
discriminating  duties  are  imposed. 

Article  XI. 

When  any  vessel  of  either  party  shall  be  wrecked,  stranded  or 
otherwise  damaged  on  the  coasts  or  within  the  jurisdiction  of  the 
other,  their  respective  citizens  shall  receive,  as  well  for  themselves 
as  for  their  vessels  and  effects,  the  same  assistance  which  would  be 
due  to  the  inhabitants  of  the  country  where  the  accident  happened, 
and  they  shall  be  liable  to  pay  the  same  charges  and  dues  of  salvage 
as  the  said  inhabitants  would  be  liable  to  pay  in  a like  case. 

If  the  repairs  which  a stranded  vessel  may  require  shall  render  it 
necessary  that  the  whole  or  any  part  of  her  cargo  should  be  unloaded, 
no  duties  of  custom,  charges  or  fees  on  such  cargo  as  may  be  carried 
awa}^  shall  be  jiaid,  except  such  as  are  payable  in  like  case  by  national 
vessels.  It  is  understood,  nevertheless,  that  if,  while  the  vessel  is 
under  repair,  the  cargo  shall  be  unladen  and  kept  in  a place  of  deposit 
destined  for  the  reception  of  goods,  the  duties  on  which  have  not 
been  paid,  the  cargo  shall  be  liable  to  the  charges  and  fees  lawfully 
due  to  the  keepers  of  such  warehouses. 

Article  XII. 

It  shall  be  lawful  for  the  citizens  of  either  country  to  sail  with 
their  ships  and  merchandise  (contraband  goods  always  excepted) 
from  any  port  whatever,  to  any  port  of  the  enemy  of  the  other,  and 
to  sail  and  trade  with  their  ships  and  merchandise,  with  perfect 
security  and  liberty,  from  the  countries,  ports  and  places  of  those 
who  are  enemies  of  either  party,  without  any  opposition  or  disturb- 
ance whatsoever,  and  to  pass  not  only  directly  from  the  places  and 
ports  of  the  enemy  aforementioned,  to  neutral  ports  and  jilaces,  but 
also  from  one  place  belonging  to  an  enemy  to  another  place  belonging 
to  an  enemy,  whether  they  be  or  be  not  under  the  jurisdiction  of  the 
same  power,  unless  such  ports  or  jilaces  be  effectively  blockaded, 
besieged  or  invested. 

And  whereas  it  frequently  happens  that  vessels  sail  for  a port  or 
place  belonging  to  an  enemy  without  knowing  that  the  same  is  either 
besieged,  blockaded  or  invested,  it  is  agreed  that  every  vessel  so 
circumstanced  may  be  turned  away  from  such  port  or  place,  but  she 
shall  not  be  detained,  nor  any  part  of  her  cargo,  if  not  contraband,  be 
confiscated,  unless,  after  notice  of  such  blockade  or  investment,  she 


408 


TREATIES,  CONVENTIONS,  ETC. 


shall  again  attempt  to  enter ; but  she  shall  be  permitted  to  go  to  any 
other  port  or  place  she  shall  think  proper ; provided  the  same  be  not 
blockaded,  besieged  or  invested.  Nor  shall  any  vessel  of  either  of 
the  parties  that  may  have  entered  into  such  port  or  place  before  the 
same  was  actually  besieged,  blockaded  or  invested  by  the  other,  be 
restrained  from  quitting  such  place  with  her  cargo,  nor,  if  found 
therein  after  the  reduction  and  surrender  of  such  place,  shall  such 
vessel  or  her  cargo  be  liable  to  confiscation,  but  they  shall  be  restored 
to  the  owners  thereof. 


Article  XIII. 

The  liberty  of  navigation  and  commerce  shall  extend  to  all  kinds  of 
merchandise,  excejiting  those  only  which  are  distinguished  by  the 
name  of  contraband  of  war,  and  under  this  name  shall  be  compre- 
hended.— 

1.  Cannons,  mortars,  howitzers,  swivels,  blunderbusses,  muskets, 
fusees,  rifles,  carbines,  pistols,  pikes,  swords,  sabres,  lances,  spears, 
halberds,  grenades,  bombs,  powder,  matches,  balls  and  everything 
belonging  to  the  use  of  arms. 

2.  Bucklers,  helmets,  breast-plates,  coats  of  mail,  accoutrements 
and  clothes  made  up  in  military  form  and  for  military  use. 

3.  Cavalry  belts,  and  horses  with  their  harness. 

4.  And,  generally,  all  offensive  dr  defensive  arms  made  of  iron, 
steel,  brass,  copper,  or  of  any  other  material  prepared  and  formed  to 
make  war  by  land  or  at  sea. 

Article  XIV. 

All  other  merchandise  and  things  not  comprehended  in  the  articles 
of  contraband  explicitly  enumerated  and  classified  as  above  shall  be 
held  and  considered  as  free,  and  subjects  of  free  and  lawful  commerce, 
so  that  they  be  carried  and  transported  in  the  freest  manner  by  the 
citizens  of  both  the  contracting  parties,  even  to  places  belonging  to 
an  enemy,  excepting  only  those  places  which  are  at  the  time  besieged 
or  blockaded. 

Article  XV. 

The  two  high  contracting  parties  recognize  as  permanent  and  im- 
mutable the  following  principles,  to  wit : 

1.  That  free  shijis  make  free  goods;  that  is  to  say,  that  the  effects 
or  goods  belonging  to  subjects  or  citizens  of  a power  or  State  at  war 
are  free  from  cajiture  or  confiscation  when  found  on  board  neutral 
vessels,  with  the  exception  of  articles  contraband  of  war. 

2.  That  the  property  of  neutrals  on  board  of  an  enemy’s  vessel  is 
not  subject  to  confiscation,  unless  the  same  be  contraband  of  war. 

The  like  neutrality  shall  be  extended  to  jiersons  who  are  on  board 
a neutral  ship  with  this  effect,  that  although  they  may  be  enemies 
of  both  or  either  party,  they  are  imt  to  be  taken  out  of  that  ship,  unless 
they  are  officers  or  soldiers,  and  in  the  actual  service  of  the  enemy. 
The  contracting  parties  engage  to  apjily  these  principles  to  the  com- 
merce and  navigation  of  all  such  powers  and  States  as  shall  consent 
to  adopt  them  as  permanent  and  immutable. 


DOMINICAN  REPUBLIC 1867. 


409 


Article  XVI. 

In  time  of  war  the  merchant  ships  belonging  to  the  citizens  of 
either  of  the  contracting  parties,  which  shall  be  bound  to  a port  of  the 
enemy  of  one  of  the  parties,  and  concerning  whose  voyage  and  the 
articles  of  their  cargo  there  shall  be  just  grounds  of  suspicion,  shall 
be  obliged  to  exhibit,  as  well  upon  the  high  seas  as  in  the  ports  or 
roads,  not  only  their  passports,  but  likewise  their  certificates,  showing 
that  their  goods  are  not  of  the  quality  of  those  which  are  specified 
to  be  contraband  in  the  thirteenth  article  of  the  present  convention. 

Article  XVII. 

And  that  captures  on  light  suspicions  may  oe  avoided,  and  injuries 
thence  arising  prevented,  it  is  agreed  that  when  one  party  shall  be 
engaged  in  war,  and  the  other  party  be  neutral,  the  ships  of  the  neu- 
tral party  shall  be  furnished  with  jiassports,  that  it  may  appear 
thereby  that  the  ships  really  belonged  to  the  citizens  of  the  neutral 
party;  they  shall  be  valid  for  any  number  of  voyages,  but  shall  be 
renewed  every  j'^ear;  that  is,  if  the  ship  happens  to  return  home  in 
the  sjiace  of  a year.  If  the  ships  are  laden  they  shall  be  provided, 
not  only  with  the  passports  above  mentioned,  but  also  with  certifi- 
cates, so  that  it  may  be  known  whether  they  carry  any  contraband 
goods.  No  other  paper  shall  be  required,  any  usage  or  ordinance  to 
the  contrary  notwithstanding.  And  if  it  shall  not  appear  from  the 
said  certificates  that  there  are  contraband  goods  on  board,  the  ships 
shall  be  permitted  to  proceed  on  their  voyage.  If  it  .shall  appear 
from  the  certificates  that  there  are  contraband  goods  on  board  any 
such  ship,  and  the  commander  of  the  same  shall  offer  to  deliver  them 
up,  the  offer  shall  be  accepted,  and  a receipt  for  the  same  shall  be 
given,  and  the  ship  shall  be  at  liberty  to  pursue  its  voyage  unless  the 
quantity  of  the  contraband  goods  be  greater  than  can  conveniently 
be  received  on  board  the  ship  of  war  or  privateer,  in  which  case,  as 
in  all  other  cases  of  just  detention,  the  ship  shall  be  carried  into  the 
nearest  safe  and  convenient  port  for  the  delivery  of  the  same. 

If  any  ship  shall  not  be  furnished  with  such  passport  or  certificates 
as  are  above  required  for  the  same,  such  case  may  be  examined  by  a 
proper  judge  or  tribunal;  and  if  it  shall  appear  from  other  documents 
or  proofs,  admissible  by  the  usage  of  nations,  that  the  ship  belongs  to 
the  citizens  or  subjects  of  the  neutral  party,  it  shall  not  be  confiscated, 
but  shall  be  released  with  her  cargo,  (contraband  goods  excepted,) 
and  be  permitted  to  proceed  on  her  voyage. 

If  the  master  of  a ship,  named  in  the  passport,  should  happen  to 
die  or  be  removed  by  any  other  cause,  and  another  put  in  his  place, 
the  ship  and  cargo  shall,  nevertheless,  be  equally  secure  and  the  pass- 
port remain  in  full  force. 


Article  XVIII. 

In  order  to  prevent  all  kinds  of  disorder  in  the  visiting  and  exami- 
nation of  the  vessels  and  cargoes  of  both  the  contracting  parties  on 
the  high  seas,  it  is  hereby  agreed  that  whenever  a ship  of  war  shall 
meet  with  a neutral  of  the  other  contracting  party,  the  first  shall 
remain  at  a convenient  distance,  and  may  send  its  boats,  with  two 


410 


TKEATIES,  CONVENTIONS,  ETC. 


or  three  men  only,  in  order  to  execute  the  examination  of  the  papers 
concerning  the  ownership  and  cargo  of  the  vessel,  without  causing 
the  least  extortion,  violence  or  ill-treatment,  for  which  the  command- 
ers of  the  said  armed  ships  shall  be  responsible  with  their  persons  and 
property ; for  which  purpose  the  commanders  of  all  private  armed 
vessels  shall,  before  receiving  their  commissions,  give  sufficient  secu- 
rity to  answer  for  all  damages  they  may  commit ; and  it  is  hereby 
agreed  and  understood  that  the  neutral  party  shall  in  no  case  be 
required  to  go  on  board  the  examining  vessel  for  the  purpose  of 
exhibiting  his  papers,  or  for  any  other  purpose  whatever. 

Article  XIX. 

It  is  expressly  agreed  by  the  high  contracting  parties  that  the  stipu- 
lations above  mentioned,  relative  to  the  conduct  to  be  observed  on  the 
sea  by  the  cruisers  of  the  belligerent  party  towards  the  ships  of  the 
neutral  party,  shall  be  applicable  only  to  ships  sailing  without  con- 
voy, and  when  the  said  ships  shall  be  convoyed,  it  being  the  intention 
of  the  parties  to  observe  all  the  regards  due  to  the  protection  of  the 
flag  displayed  by  public  ships,  it  shall  not  be  lawful  to  visit  them; 
but  the  verbal  declaration  of  the  commander  of  the  convoy  that  the 
ships  he  convoys  belong  to  the  nation  whose  flag  he  carries,  and  that 
they  have  no  contraband  goods  on  board,  shall  be  considered  by  the 
respective  cruisers  as  fully  sufficient;  the  two  parties  reciprocally 
engaging  not  to  admit  under  the  protection  of  their  convoys  ships 
which  shall  have  on  board  contraband  goods  destined  to  an  enemy. 

Article  XX. 

In  all  cases  where  vessels  shall  be  capturea  or  detained,  to  be  car- 
ried into  port  under  pretence  of  carrying  to  the  enemy  contraband 
goods,  the  captor  shall  give  a receipt  for  such  of  the  papers  of  the 
vessel  as  he  shall  retain,  which  receipt  shall  be  annexed  to  a copy  of 
the  said  papers;  and  it  shall  be  unlawful  to  break  up  or  open  the 
hatches,  chests,  trunks,  casks,  bales  or  vessels  found  on  board,  or 
remove  the  smallest  part  of  the  goods,  unless  the  lading  be  brought 
on  shore  in  jiresence  of  the  competent  officers,  and  an  inventory  be 
made  by  them  of  the  same.  Nor  shall  it  be  lawful  to  sell,  exchange 
or  alienate  the  said  articles  of  contraband  in  any  manner,  unless 
there  shall  have  been  lawful  process,  and  the  competent  judge  or 
judges  shall  have  pronounced  against  such  goods  sentence  of  confisca- 
tion. 

Article  XXI. 

And  in  such  time  of  war,  that  proper  care  may  be  taken  of  the 
vessel  and  cargo,  and  embezzlement  prevented,  it  is  agreed  that  it 
shall  not  be  lawful  to  remove  the  master,  commander  or  supercargo 
of  any  captured  ship  from  on  board  thereof,  during  the  time  the 
ship  may  be  at  sea  after  her  capture,  or  pending  the  proceedings 
against  her,  or  her  cargo,  or  anything  relating  thereto;  and  in  all 
cases  where  a vessel  of  the  citizens  of  either  party  shall  be  captured 
or  seized  and  held  for  adjudication,  her  officers,  passengers  and  crew 
shall  be  hospitably  treated.  They  shall  not  be  imprisoned  or  de- 


DOMINICAN  REPUBLIC 1867. 


411 


prived,  of  any  part  of  their  wearing  apparel,  nor  of  the  possession 
and  use  of  their  money,  not  exceeding  for  the  captain,  supercargo, 
mate  and  passengers  five  hundred  dollars  each,  and  for  the  sailors 
one  hundred  dollars  each. 

Article  XXII. 

It  is  further  agreed  that  in  all  cases  the  established  courts  for  prize 
causes,  in  the  country  to  which  the  prizes  may  be  conducted,  shall 
alone  take  cognizance  of  them.  And  whenever  such  tribunal  of 
either  of  the  parties  shall  pronounce  judgment  against  any  vessel 
or  goods,  or  property  claimed  by  the  citizens  of  the  other  party,  the 
sentence  or  decree  shall  mention  the  reasons  or  motives  on  which 
the  same  shall  have  been  founded,  and  an  authenticated  copy  of  the 
sentence  or  decree,  and  of  all  the  proceedings  in  the  case,  shall,  if 
demanded,  be  delivered  to  tbe  commander  or  agent  of  the  said 
vessel  without  any  delay,  he  paying  the  legal  fees  for  the  same. 

Article  XXIII. 

When  the  ships  of  war  of  the  two  contracting  parties,  or  those 
belonging  to  their  citizens,  which  are  armed  in  war,  shall  be  admitted 
to  enter  with  their  prizes  the  ports  of  either  of  the  two  parties,  the 
said  public  or  private  ships,  as  well  as  their  prizes,  shall  not  be 
obliged  to  pay  any  duty  either  to  the  officers  of  the  place,  the  judges 
or  any  others ; nor  shall  such  prizes,  when  they  come  to  and  enter 
the  ports  of  either  party,  be  arrested  or  seized,  nor  shall  the  officers 
of  the  place  make  examination  concerning  the  lawfulness  of  such 
prizes,  but  they  may  hoist  sail  at  any  time  and  depart  and  carry  their 
prizes  to  the  places  expressed  in  their  commissions,  which  the  com- 
manders of  such  ships  of  war  shall  be  obliged  to  show.  It  is  under- 
stood, however,  that  the  privileges  conferred  by  this  article  shall  not 
extend  beyond  those  allowed  by  law  or  by  treaty  with  the  most 
favored  nations. 

Article  XXIV. 

• 

It  shall  not  be  lawful  for  any  foreign  privateers  who  have  com- 
missions from  any  Prince  or  State  in  enmity  with  either  nation,  to 
fit  their  ships  in  the  ports  of  either,  to  sell  their  prizes,  or  in  any 
manner  to  exchange  them ; neither  shall  they  be  allowed  to  purchase 
provisions,  except  such  as  shall  be  necessary  to  their  going  to  the  next 
port  of  that  Prince  or  State  from  which  they  have  received  their 
commissions. 

Article  XXV. 

No  citizen  of  the  Dominican  Republic  shall  apply  for  or  take  any 
commission  or  letters  of  marque  for  arming  any  ship  or  ships  to  act 
as  privateers  against  the  said  United  States,  or  any  of  them,  or 
against  the  citizens,  people  or  inhabitants  of  the  said  United  States, 
or  any  of  them,  or  against  the  property  of  any  of  the  inhabitants  of 
any  of  them,  from  any  Prince  or  State  with  which  the  said  United 
States  shall  be  at  war;  nor  shall  any  citizen  or  inhabitant  of  the 
said  United  States,  or  any  of  them,  apply  for  or  take  any  commission 


412 


TREATIES,  CONVENTIONS,  ETC. 


or  letters  of  marque  for  arming  any  ship  or  ships  to  act  as  privateers 
against  the  citizens  or  inhabitants  of  the  Dominican  Republic,  or  any 
of  them,  or  the  property  of  any  of  them,  from  any  Prince  or  State 
with  which  the  said  Republic  shall  be  at  war;  and  if  any  person  of 
either  nation  shall  take  such  commissions  or  letters  of  marque,  he 
shall  be  punished  according  to  their  respective  laws. 

Article  XXVI. 

The  high  contracting  parties  grant  to  each  other  the  liberty  of 
having  in  the  ports  of  the  other  Consuls  or  Vice-Consuls  of  their 
own  appointment,  who  shall  enjoy  the  same  privileges  and  powers  as 
those  of  the  most  favored  nation;  but  if  any  of  the  said  Consuls  or 
Vice-Consuls  shall  carry  on  trade,  they  shall  be  subjected  to  the  same 
laws  and  usages  to  which  private  individuals  of  their  nation  are  sub- 
jected in  the  same  place. 

It  is  understood  that  whenever  either  of  the  two  contracting  par- 
ties shall  select  a citizen  of  the  other  for  a Consular  Agent  to  reside 
in  any  ports  or  commercial  places  of  the  latter,  such  Consul  or  Agent 
shall  continue  to  be  regarded,  notwithstanding  his  quality  of  a for- 
eign Consul,  as  a citizen  of  the  nation  to  which  he  belongs,  and  conse- 
quently shall  be  subject  to  the  laws  and  regulations  to  which  natives 
are  subjected  in  the  place  of  his  residence.  This  obligation,  however, 
shall  in  no  respect  embarrass  the  exercise  of  his  consular  functions 
or  affect  the  inviolability  of  the  consular  archives. 

The  said  Consuls  and  Vice-Consuls  shall  have  the  right,  as  such,  to 
sit  as  judges  and  arbitrators  in  such  differences  as  may  arise  between 
the  masters  and  crews  of  the  vessels  belonging  to  the  nation  whose 
interests  are  committed  to  their  charge  without  the  interference  of 
the  local  authorities,  unless  their  assistance  shoidd  be  required,  or  the 
conduct  of  the  crews  or  of  the  captain  should  disturb  the  order  or 
tranquillity  of  the  country.  It  is,  however,  understood  that  this 
species  of  judgment  or  arbitration  shall  not  deprive  the  contending 
parties  of  the  right  thej^  have  to  resort,  on  their  return,  to  the 
judicial  authority  of  their  own  country. 

The  said  Consuls  and  Vice-Consuls  are  authorized  to  require  the 
assistance  of  the  local  authorities  for  the  arrest  and  imprisonment  of 
the  deserters  from  the  ships  of  Avar  and  merchant  vessels  of  their 
country.  For  this  purpose  they  shall  apply  to  the  competent 
tribunals,  judges  and  officers,  and  shall,  in  writing,  demand  such 
deserters,  proving,  by  the  exhibition  of  the  registers  of  the  A’essels, 
the  muster-rolls  of  the  creAvs,  or  by  any  other  official  documents,  that 
such  individuals  formed  iiart  of  the  crews;  and  on  this  claim  being 
substantiated,  the  surrender  shall  not  be  refused.  Such  deserters, 
Avhen  arrested,  shall  be  placed  at  the  disposal  of  the  Consuls  and 
Vice-Consuls,  and  may  be  confined  in  the  public  prisons  at  the 
request  and  cost  of  those  Avho  shall  claim  them,  in  order  to  be  sent  to 
the  A'essels  to  which  they  belong,  or  to  others  of  the  same  country. 
But  if  not  sent  back  within  three  months  of  the  day  of  their  arrest, 
they  shall  be  set  at  liberty,  and  shall  not  again  be  arrested  for  the 
.same  cause.  IIoAvever,  if  the  deserter  shall  be  found  to  haA'e  com- 
mitted any  crime  or  offence,  his  surrender  may  be  delayed  until  the 


DOMINICAN  REPUBLIC 1867. 


413 


tribunal  before  which  his  case  shall  be  pending  shall  have  pronounced 
its  sentence,  and  such  sentence  shall  have  been  carried  into  effect. 

Article  XXVII. 

The  United  States  of  America  and  the  Dominican  Republic,  on 
requisitions  made  in  their  name  through  the  medium  of  their  respec- 
tive Diplomatic  and  Consular  Agents,  shall  deliver  up  to  justice  per- 
sons who,  being  charged  with  the  crimes  enumerated  in  the  following 
article,  committed  within  the  jurisdiction  of  the  requiring  party,  shall 
seek  asylum,  or  shall  be  found  within  the  territories  of  the  other; 
Provided^  That  this  shall  be  done  only  when  the  fact  of  the  com- 
mission of  the  crime  shall  be  so  established  as  to  justify  their  appre- 
hension and  commitment  for  trial,  if  the  crime  had  been  committed  in 
the  country  where  the  persons  so  accused  shall  be  found;  in  all  of 
which  the  tribunals  of  said  country  shall  proceed  and  decide  accord- 
ing to  their  own  laws.' 


Article  XXVIII. 

Persons  shall  be  delivered  up  according  to  the  provisions  of  this 
convention,  who  shall  be  charged  with  any  of  the  following  crimes, 
to  wit:  Murder,  (including  assassination,  parricide,  infanticide,  and 
poisoning;)  attempt  to  commit  murder;  rape;  forgery;  the  counter- 
feiting of  money;  arson;  robbery  with  violence,  intimidation,  or 
forcible  entry  of  an  inhabited  house ; piracy ; embezzlement  by  public 
officers,  or  by  persons  hired  or  salaried,  to  the  detriment  of  their 
employers,  when  these  crimes  are  subject  to  infamous  punishment. 

Article  XXIX. 

On  the  part  of  each  country  the  surrender  shall  be  made  only  by  the 
authority  of  the  Executive  thereof.  The  expenses  of  detention  and 
delivery,  effective  in  virtue  of  the  preceding  articles,  shall  be  at  the 
cost  of  the  party  making  the  demand. 

Article  XXX. 

The  provisions  of  the  aforegoing  articles  relating  to  the  surrender 
of  fugitive  criminals  shall  not  apply  to  offences  committed  before  the 
date  hereof,  nor  to  those  of  a political  character. 

Article  XXXI. 

This  convention  is  concluded  for  the  term  of  eight  years,  dating 
from  the  exchange  of  the  ratifications;  and  if  one  year  before  the 
expiration  of  that  period  neither  of  the  contracting  parties  shall  have 
announced,  by  an  official  notification,  its  intention  to  the  other  to 
arrest  the  operations  of  said  convention,  it  shall  continue  binding  for 
twelve  months  longer,  and  so  on,  from  year  to  year,  until  the  expira- 
tion of  the  twelve  months  which  will  follow  a similar  declaration, 
whatever  the  time  at  which  it  may  tak*e  place. 


414 


TKEATIES,  CONVENTIONS,  ETC. 


Article  XXXII. 

This  convention  shall  be  submitted  on  both  sides  to  the  approval 
and  ratification  of  the  respective  competent  authorities  of  each  of  the 
contracting  parties,  and  the  ratifications  shall  be  exchanged  at  Santo 
Domingo  as  soon  as  circumstances  shall  admit. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  the 
aforegoing  articles,  in  the  English  and  Spanish  languages,  and  they 
have  hereunto  affixed  their  seals. 

Done  in  duplicate  at  the  city  of  Santo  Domingo,  this  eighth  day  of 
February,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty-seven. 

[seal.]  Jno.  Somers  Smith. 

[seal.]  Jose  G.  Garcia. 

[seal.]  Juan  K.  Fiallo. 


1903. 

Arbitration  Protocol. — Claim  of  San  Domingo  Improvement 

Company. 


Signed  January  31, 1903. 


Articles. 


I.  Manner  of  payment. 

II.  Meeting  of  arbitrators. 

III.  Procedure. 

IV.  Arguments. 


V.  Cession  of  properties. 

VI.  Time  of  payment. 

VII.  Award. 

VIII.  Expenses. 


Protocol  of  an  agreement  between  the  United  States  of  America  and 
the  Dominican  Reptiblic,  for  the  submission  to  arbitration  of  cer- 
tain questions  as  to  the  payment  of  the  sum  hereinafter  agreed  to 
be  paid  by  the  Dominican  Gooernment  to  the  Government  of  the 
United  States  on  account  of  the  claims  of  the  San  Domingo  Im- 
provement Company  of  New  York,  a corporation  under  the  laws  of 
the  State  of  New  Jersey  and  a citizen  of  the  United  States,  and  its 
allied  companies. 


Whereas,  differences  exist  between  the  Dominican  Government  and 
the  “ San  Domingo  Improvement  Company  ” and  its  allied  com- 
panies; and 

Whereas,  as  the  result  of  those  differences,  the  interests  of  the 
Improvement  Company  and  its  allied  companies,  viz : “ The  San 
Domingo  Finance  Company  of  New  York,”  “ The  Company  of  The 
Central  Dominican  Railway,”  both  being  corporations  created  under 
the  laws  of  New  Jersey,  and  the  National  Bank  of  San  Domingo,  a 
company  originally  organized  under  a French  charter,  the  two  latter 
companies  being  owned  and  controlled  by  the  San  Domingo  Finance 
Company,  are  seriously  affected ; and 

Whereas,  it  is  agreed,  as  the  basis  of  the  present  settlement,  that 
the  Improvement  Company  and  its  allied  Companies  shall  withdraw 
from  the  Dominican  Republic,  and  that  they  shall  be  duly  indemni- 
fied by  the  latter  for  the  relinquishment  of  their  rights,  properties 
and  interests. 


DOMINICAN  REPUBLIC 1903. 


415 


The  United  States  of  America  and  the  Dominican  Republic  through 
their  respective  representatives,  W.  F.  Powell,  Charge  d’Affaires,  and 
Juan  Fco.  Sanchez,  Secretary  of  State  for  Foreign  Relations,  have 
agreed  upon  the  following  articles : 

I. 

It  being  hereby  agreed  that  the  Dominican  Government  shall  pay 
to  the  Government  of  the  United  States  the  sum  of  $4,500,000  (four 
millions  five  hundred  thousand  dollars)  in  American  gold,  on  terms 
to  be  fixed  by  the  arbitrators,  said  payment  to  be  made  and  accepted 
as  full  indemnity  for  the  relinquishment  by  the  companies  above- 
mentioned  of  all  their  rights,  properties  and  interests,  and  in  full 
settlement  of  all  accounts,  claims  and  differences  between  the  Do- 
minican Government  and  the  said  companies ; the  terms  on  which  the 
indemnity  thus  agreed  upon  shall  be  paid  shall  be  referred  to  a board 
of  three  arbitrators,  one  to  be  named  by  the  President  of  the  United 
States,  one  by  the  President  of  the  Dominican  Republic,  and  the  third 
by  the  President  of  the  United  States  and  the  President  of  the 
Dominican  Republic  jointly;  but  if,  within  sixty  days  after  the  signa- 
ture of  the  present  protocol,  the  third  arbitrator  shall  not  have  been 
so  named,  he  shall  then  be  selected  by  the  Dominican  Government 
from  members  of  the  United  States  Supreme  Court  or  the  United 
States  Circuit  Court  of  Appeals,  from  names  presented. 

In  case  of  the  death,  absence  or  incapacity  of  any  arbitrator,  or  in 
the  event  of  his  ceasing  or  omitting  to  act,  the  vacancy  shall  be  filled 
in  the  same  manner  as  the  original  appointment,  the  period  of  sixty 
days  to  be  calculated  from  the  date  of  the  happening  of  the  vacancy. 

0 

II. 

The  arbitrators  shall  meet  in  the  city  of  Washington,  within  sixty 
days  after  the  date  of  the  appointment  of  the  third  arbitrator. 

The  vote  of  the  majority  shall  suffice  for  the  decision  of  all  ques- 
tions submitted  to  the  tribunal,  including  the  final  award. 

III. 

Within  six  months  after  the  signature  of  this  protocol,  each  party 
shall  present  to  the  other  and  to  its  agent,  and  also  to  each  of  the 
arbitrators,  two  printed  copies  of  its  case,  accompanied  with  the 
documents  and  evidence  on  which  it  rdies,  together  with  the  affidavits 
of  their  respective  witnesses. 

Within  a further  period  of  two  months,  either  party  may,  in  like 
manner,  present  a counter-case,  with  additional  documents  and  evi- 
dence and  affidavits,  in  reply  to  the  case,  documents  and  evidence  of 
the  other  party. 

If  the  other  party  shall,  in  its  case  or  counter-case,  refer  to  any 
document  in  its  exclusive  possession  without  annexing  a copy,  it  shall, 
upon  the  request  of  the  other  party,  furnish  the  latter  with  a copy ; 
and  either  party  may  call  upon  the  other  through  the  arbitrators,  to 
produce  the  originals  or  certified  copies  of  any  papers  adduced  aa 
evidence. 


416 


TREATIES,  CONVENTIONS,  ETC. 


IV. 

Within  two  months  after  the  expiration  of  the  term  allowed  for 
the  filing  of  counter-cases,  each  Government  may,  by  its  agent,  as 
well  as  by  additional  counsel,  argue  its  cause  before  the  arbitrators, 
both  orally  and  in  writing.  Each  side  shall  furnish  to  the  other 
copies  of  any  written  arguments,  and  each  party  shall  be  at  liberty 
to  make  a written  reply,  provided  that  such  reply  be  submitted  within 
the  two  months  specified. 

V. 

The  Companies  above  mentioned  shall  cede  and  transfer  to  the 
Dominican  Government,  and  the  latter  shall  acquire  from  the  Com- 
panies, the  properties  mentioned  herein,  the  times,  terms  and  condi- 
tions of  the  delivery  of  which  shall  be  fixed  by  the  arbitrators : 

1.  All  the  rights  and  interests  which  they  may  possess  in  the  sec- 
tion of  the  Central  Dominican  Railway  already  constructed,  as  well 
as  all  rights  and  interests  which  they  may  have  in  the  extension  of 
the  railways  from  Santiago  to  Moca,  and  from  Moca  to  San  Fran- 
cisco de  Macoris. 

2.  All  rights  and  interests  which  they  may  have  in  the  National 
Bank. 

3.  All  bonds  of  the  Republic  of  which  they  may  be  the  holders,  the 
amount  of  which  shall  not  exceed  £850,000,  nominal  (eight  hundred 
and  fifty  thousands  sterling  pounds),  nominal  and  shall  be  no  less 
than  £825,000  (eight  hundred  and  twenty  five  thousands  sterling 
pounds  nominal) 

It  is  understood  that  all  these  bonds  are  of  the  class  bearing  four 
per  cent,  annual  interests  excepting  as  to  £24,000  (twenty  four 
thousands  sterling  pounds)  two  and  three-quarter  per  cent  bonds, 
which  shall  be  accepted  at  the  rate  of  sixteen  2.f  % bonds  for  eleven 
4%  bonds.  A list  of  the  bonds  shall  accomjiany  the  case  of  the 
United  States. 

VI. 

It  is  agreed,  as  the  basis  of  the  award  to  be  made  by  the  arbitrators, 
that  the  sum  specified  in  Article  I hereof  shall  be  paid  in  monthly 
instalments,  the  amount  and  manner  of  collection  of  which  shall  be 
fixed  by  the  tribunal.  The  award  shall  bear  interest  from  the  date 
of  its  rendition  at  the 

The  Dominican  Government  having,  in  its  recent  negotiations  with 
the  American  Companies,  proposed  to  pay,  on  account  of  its  indebt- 
edness to  them,  a minimum  suiji  of  $225,000  (two  hundred  and  twenty 
five  thousands  dollars)  per  annum,  which  was  to  be  increased  on  a 
sliding  scale,  it  is  agreed  that  the  Dominican  Government  shall,  pend- 
ing the  present  arbitration,  and  beginning  with  the  1st  of  January 
1903,  pay  to  the  Government  of  the  United  States  for  the  use  of  the 
American  Companies,  the  sum  of  $225,000  (two  hundred  and  twenty 
five  thousands  dollars)  per  annum,  in  equal  monthly  instalments,  the 
aggregate  amount  so  paid,  at  the  date  of  the  award,  to  be  taken  into 
account  of  the  arbitrators. 

VII. 

The  award  of  the  tribunal  shall  be  rendered  within  a year  from 
the  date  of  the  signature  of  the  present  protocol.  It  shall  be  in 
writing,  and  shall  be  final  and  conclusive. 


DOMINICAN  REPUBLIC 1903. 


417 


VIII. 

Keasonable  compensation  to  the  arbitrators  for  their  services  and 
all  expenses  incident  to  the  arbitration,  including  the  cost  of  such 
clerical  aid  as  may  be  necessary,  shall  be  paid  by  the  Governments 
in  equal  moieties. 

Done  in  quadruplicate,  in  English  and  Spanish,  at  San  Domingo 
City,  this  31st  day  of  January,  1903. 

[seal]  Jno  Fco  Sanchez 

Ministro  de  Relaciones  Exteriores 

[seal]  W.  F.  Powell, 

Charge  d' Affaires. 

AGREEMENT  TO  THE  NAMING  OF  ARBITRATORS. 

It  is  hereby  agreed,  on  the  part  of  the  Dominican  Government, 
through  Juan  Francisco  Sanchez,  Secretary  of  State  for  Foreign 
Relations,  and  the  Charge  d’Atfaires  of  the  United  States  of  North 
America,  in  the  person  of  IV.  F.  Powell,  each  acting  for  his  respective 
Government,  agree  that  neither  of  the  signatory  parties  to  this  Pro- 
tocol for  International  Arbitration,  to  which  has  been  referred  cer- 
tain disagreements  existing  between  the  Dominican  Government  on 
the  one  side,  and  the  Santo  Domingo  Improvement  Company  on  the 
other,  shall  name  its  Arbitrator  as  stated  in  said  Prbtocol,  until  after 
a period  of  ninety  (90)  days  from  the  date  of  signing  the  same,  in 
order  to  allow  the  Dominican  Government  to  come  to  an  agreement 
with  the  Santo  Domingo  Improvement  Company,  and  the  date  re- 
ferred to  in  the  appointment  of  the  third  Arbitrator  shall  bear  same 
as  that  expressed  above. 

To  the  above  we  agree,  and  with  good  faith  to  carry  the  same  into 
effect,  have  here-unto  affixed  our  names  and  attached  thereto  the  Seals 
of  our  respective  Offices. 

Done  this  31st  Day  of  January,  1903. 

[seal]  Jno  Fco  Sanchez 

Secretary  of  State  for  Foreign  Relations  of  the 

Re-public  of  San  Domingo 

IV.  F.  Powell.  [seal] 
Charge  d' Affaires  of  the  United  States  of  North  America 


The  board  of  arbitrators,  consisting  of  Hon.  John  G.  Carlisle,  ap- 
pointed by  the  President  of  the  United  States,  Don  Manuel  de  J. 
Galvan,  appointed  by  the  President  of  the  Dominican  Republic,  and 
Judge  George  Gray,  nominated  by  the  President  of  the  Dominican  Re- 
public, on  the  14th  of  July,  1904,  rendered  the  award,  providing  for 
the  redelivery  of  the  various  properties  to  the  Dominican  Republic, 
and  providing  that  the  Dominican  Republic  shall  pay  the  principal 
sum  of  four  million  four  hundred  and  eighty  one  thousand  two  hun- 
dred and  fifty  dollars,  in  monthly  installments  of  thirty  seven  thou- 
sand, five  hundred  dollars  each,  during  the  first  two  years  and  of 
$41,666.66  each  thereafter  to  the  financial  agent  of  the  United  States 
on  the  first  day  of  each  month,  beginning  with  September,  1904,  and  as 
24449— VOL  1—10 27 


418 


TREATIES,  CONVENTIONS,  ETC. 


security  for  such  payments  the  customs  revenues  and  customs  houses 
of  Puerto  Plata,  Sanchez  Samana  and  Montecristy,  and  all  other 
IDorts  of  entry  or  custom  houses  now  existing  or  might  thereafter  be 
established  on  the  coast  or  in  the  interior  north  of  eighteen  degrees 
and  forty  five  minutes  and  east  of  the  Haitian  boundry,  were  to  be 
assigned  and  designated,  which  customs  houses  were  to  be  turned 
over  to  a financial  agent,  to  be  appointed  by  the  United  States,  who 
was  to  have  entire  charge  of  such  custom  houses  and  of  the  collection 
of  the  revenues  therefrom. 


1907. 

Convention  Providing  for  the  Assistance  of  the  United  States 
IN  the  Collection  and  Application  of  the  Customs  Re\’enues 
OF  THE  Dominican  Republic. 

Concluded  February  8, 1907 ; ratification  advised  by  the  Senate  Febru- 
ary £5,  1907 ; ratified  by  the  President  June  1907 ; ratifications 

exchanged  Jtdy  8, 1907 ; proclaimed  July  25,  1907. 

Articles. 

I.  Receiver.  * ■ IV.  Accounts  of  receiver. 

II.  Payment  of  customs  revenues.  V.  Ratification. 

III.  Public  debt. 

liniereas  during  disturbed  political  conditions  in  the  Dominican 
Republic  debts  and  claims  have  been  created,  some  by  regular  and 
some  by  revolutionary  governments,  many  of  doubtful  validity  in 
Avhole  or  in  part,  and  amounting  in  all  to  over  $30,000,000,  nominal  or 
face  value; 

And  whereas  the  same  conditions  have  prevented  the  peaceable  and 
continuous  collection  and  application  of  National  revenues  for  pay- 
ment of  interest  or  principal  of  such  debts  or  for  liquidation  and 
settlement  of  such  claims;  and  the  said  debts  and  claims  continually 
increase  by  accretion  of  interest  and  are  a grievous  burden  upon  the 
people  of  the  Dominican  Republic  and  a barrier  to  their  improvement 
and  prosperity; 

And  whereas  the  Dominican  Government  has  now  effected  a con- 
ditional adjustment  and  settlement  of  said  debts  and  claims  under 
which  all  its  foreign  creditors  have  agreed  to  accept  about  $12,407,000 
for  debts  and  claims  amounting  to  about  $21,184,000  of  nominal  or 
face  value,  and  the  holders  of  internal  debts  or  claims  of  about  $2,028,- 
258  nominal  or  face  value  have  agreed  to  accept  about  $645,827  there- 
for, and  the  remaining  holders  of  internal  debts  or  claims  on  the 
same  basis  as  the  assents  already  given  will  receive  about  $2,400,000 
therefor,  which  sum  the  Dominican  Government  has  fixed  and  deter- 
mined as  the  amount  which  it  will  pay  to  such  remaining  internal  debt 
holders;  making  the  total  payments  under  such  adjustment  and  set- 
tlement, including  interest  as  adjusted  and  claims  not  yet  liquidated, 
amount  to  not  more  than  about  $17,000,000. 

And  whereas  a part  of  such  plan  of  settlement  is  the  issue  and  sale 
of  bonds  of  the  Dominican  Republic  to  the  amount  of  $20,000,000 
bearing  five  per  cent  interest  payable  in  fifty  years  and  redeemable 


DOMINICAN  EEPUBLIC 1907. 


419 


after  ten  years  at  102|  and  requiring  payment  of  at  least  one  jier 
cent  per  annum  for  amortization,  the  proceeds  of  said  bonds,  together 
with  such  funds  as  are  now  deposited  for  the  benefit  of  creditors  from 
customs  revenues  of  the  Dominican  Republic  heretofore  received, 
after  payment  of  the  expenses  of  such  adjustment,  to  be  applied  first 
to  the  payment  of  said  debts  and  claims  as  adjusted  and  second  out 
of  the  balance  remaining  to  the  retirement  and  extinction  of  certain 
concessions  and  harbor  monopolies  which  are  a burden  and  hindrance 
to  the  commerce  of  the  country  and  third  the  entire  balance  still 
remaining  to  the  construction  of  certain  railroads  and  bridges  and 
other  public  improvements  necessary  to  the  industrial  development 
of  the  country; 

And  whereas  the  whole  of  said  plan  is  conditioned  and  dependent 
upon  the  assistance  of  the  United  States  in  the  collection  of  customs 
revenues  of  the  Dominican  Republic  and  the  application  thereof 
so  far  as  necessary  to  the  interest  upon  and  the  amortization  and 
redemption  of  said  bonds,  and  the  Dominican  Republic  has  requested 
the  United  States  to  give  and  the  United  States  is  willing  to  give 
such  assistance : 

The  Dominican  Government,  represented  by  its  Minister  of  State 
for  Foreign  Relations,  Emiliano  Tejera,  and  its  Minister  of  State 
for  Finance  and  Commerce,  Federico  Velasquez  H.,  and  the  United 
States  Government,  represented  by  Thomas  C.  Dawson,  Minister 
Resident  and  Consul  General  of  the  United  States  to  the  Dominican 
Republic,  have  agreed : 

I.  That  the  President  of  the  United  States  shall  appoint,  a Gen- 
eral Receiver  of  Dominican  Customs,  who,  with  such  Assistant  Re- 
ceivers and  other  employees  of  the  Receivership  as  shall  be  appointed 
by  the  President  of  the  United  States  in  his  discretion,  shall  collect 
all  the  customs  duties  accruing  at  the  several  customs  houses  of  the 
Dominican  Republic  until  the  payment  or  retirement  of  any  and  all 
bonds  issued  by  the  Dominican  Government  in  accordance  with  the 
plan  and  under  the  limitations  as  to  terms  and  amounts  hereinbefore 
recited ; and  said  General  Receiver  shall  apply  the  sums  so  collected, 
as  follows: 

First,  to  paying  the  expenses  of  the  receivership ; second,  to  the  pay- 
ment of  interest  upon  said  bonds ; third,  to  the  payment  of  the  annual 
sums  provided  for  amortization  of  said  bonds  including  interest  upon 
all  bonds  held  in  sinking  fund ; fourth,  to  the  purchase  and  cancella- 
tion or  the  retirement  and  cancellation  pursuant  to  the  terms  thereof 
of  any  of  said  bonds  as  may  be  directed  by  the  Dominican  Govern- 
ment ; fifth,  the  remainder  to  be  paid  to  the  Dominican  Government. 

The  method  of  distributing  the  current  collections  of  revenue  in 
order  to  accomplish  the  application  thereof  as  hereinbefore  provided 
: hall  be  as  follows: 

The  expenses  of  the  receivership  shall  be  paid  by  the  Receiver  as 
they  arise.  The  allowances  to  the  General  Receiver  and  his  assist- 
ants for  the  expenses  of  collecting  the  revenues  shall  not  exceed  five 
per  cent  unless  by  agreement  between  the  two  Governments. 

On  the  first  day  of  each  calendar  month  the  sum  of  $100,000  shall 
be  paid  over  by  the  Receiver  to  the  Fiscal  Agent  of  the  loan,  and 
the  remaining  collection  of  the  last  preceding  month  shall  be  paid 
over  to  the  Dominican  Government,  or  applied  to  the  sinking  fund 


420 


TREATIES,  CONVENTIONS,  ETC. 


for  the  purchase  or  redemption  of  bonds,  as  the  Dominican  Govern- 
ment shall  direct. 

Provided^  that  in  case  the  customs  revenues  collected  by  the  Gen- 
eral Receiver  shall  in  any  year  exceed  the  sum  of  $3,000,000,  one 
half  of  the  surplus  above  such  sum  of  $3,000,000  shall  be  applied  to 
the  sinking  fund  for  the  redemption  of  bonds. 

II.  The  Dominican  Government  will  provide  by  law  for  the  pay- 
ment of  all  customs  duties  to  the  General  Receiver  and  his  assistants, 
and  will  give  to  them  all  needful  aid  and  assistance  and  full  protec- 
tion to  the  extent  of  its  powers.  The  Government  of  the  United 
States  will  give  to  the  General  Receiver  and  his  assistants  such 
protection  as  it  may  find  to  be  requisite  for  the  performance  of  their 
duties. 

III.  Until  the  Dominican  Republic  has  paid  the  whole  amount  of 
the  bonds  of  the  debt  its  public  debt  shall  not  be  increased  except  by 
previous  agreement  between  the  Dominican  Government  and  the 
United  States.  A like  agreement  shall  be  necessary  to  modify  the 
import  duties,  it  being  an  indispensable  condition  for  the  modifica- 
tion of  such  duties  that  the  Dominican  Executive  demonstrate  and 
that  the  President  of  the  United  States  recognize  that,  on  the  basis 
of  exportations  and  importations  to  the  like  amount  and  the  like 
character  during  the  two  years  preceding  that  in  which  it  is  desired 
to  make  such  modification,  the  total  net  customs  receipts  would  at 
such  altered  rates  of  duties  have  been  for  each  of  such  two  years  in 
excess  of  the  sum  of  $2,000,000  United  States  gold. 

IV.  The  accounts  of  the  General  Receiver  shall  be  rendered  monthly 
to  the  Contaduria  General  of  the  Dominican  Republic  and  to  the 
State  Department  of  the  United  States  and  shall  be  subject  to  exam- 
ination and  verification  by  the  appropriate  officers  of  the  Dominican 
and  the  United  States  Governments. 

V.  This  agreement  shall  take  effect  after  its  approval  by  the  Senate 
of  the  United  States  and  the  Congress  of  the  Dominican  Republic. 

Done  in  four  originals,  two  being  in  the  English  language,  and  two 
in  the  Spanish,  and  the  representatives  of  the  high  contracting  parties 
signing  them  in  the  City  of  Santo  Domingo  this  8th  day  of  February, 
in  the  year  of  our  Lord  1907. 

Thomas  C Dawsom 
Emiliano  Tejera 
Federico  Velazquez  H. 


ECUADOR 

1839. 


Treaty  of  Peace,  Friendship,  Navigation,  and  Commerce.® 

Concluded  June  13, 1839;  ratification  advised  hy  the  Senate  July  15, 
18JfO;  ratified  hy  the  President  July  31,  18J^0;  ratifications  ex- 
changed April  9, 18Jt2;  proclaimed  September  23, 181^2. 

Articles. 


I.  Amity. 

II.  Most  favored  nation. 

III.  Freedom  of  commerce  and 

navigation. 

IV.  Duties. 

V.  Nationality  of  vessels. 

VI.  Duties  on  imports  and  exports. 

VII.  Reciprocal  privileges  of  citi- 
zens. 

VIII.  Embargo  without  indemniflca- 
tiou. 

IX.  Asylum  to  vessels. 

X.  Captures  by  pirates. 

XI.  Shipwrecks. 

XII.  Rights  of  property. 

XIII.  Special  protection. 

XIV.  Religious  freedom. 

XV.  Rights  of  neutrals;  free  ships, 
free  goods. 

XVI.  Enemy’s  flag  not  to  protect 
property  of  neutral. 

XVII.  Contraband  goods. 


XVIII.  Articles  not  contraband. 

XIX.  Neutral  vessels. 

XX.  Blockade. 

XXI.  Visitation  and  search. 

XXII.  Nationality  of  vessels. 

XXIII.  Neutral  vessels  with  convoy. 

XXIV.  Prize  courts. 

XXV.  Letters  of  marque. 

XXVI.  Treatment  of  citizens  in  war. 
XXVII.  Exemption  of  debts  and  se- 
curities. 

XXVIII.  Most  favored  nation  to  public 
ministers. 

XXIX.  Consuls. 

XXX.  Exequaturs. 

XXXI.  Rights  of  consuls. 

XXXII.  Deserters. 

XXXIII.  Consular  convention. 
XXXIV.  Construction  favored  nation 
provision. 

XXXV.  Duration ; ratification. 


The  United  States  of  America  and  the  Republic  of  Ecuador,  desii’- 
ing  to  make  lasting  and  firm  the  friendship  and  good  understanding 
which  happily  prevails  between  both  nations,  have  resolved  to  fix,  in 
a manner  clear,  distinct  and  positive,  the  rules  which  shall  in  future 
be  religiously  observed  between  the  one  and  the  other,  by  means  of 
a treaty  of  friendship,  commerce  and  navigation.  For  this  most  de- 
sirable object  the  President  of  the  United  States  of  America  has  con- 
ferred full  powers  on  James  C.  Pickett,  a citizen  of  the  said  States, 
and  the  President  of  the  Republic  of  Ecuador,  on  Doctor  Luis  de  Saa, 
Minister  of  Finance,  charged  with  the  Department  of  the  Interior  and 


“This  treaty  was  terminated  August  25,  1892,  by  notice  from  the  Ecuadoran 
Government. 


421 


422 


TREATIES,  'CONVENTIONS,  ETC. 


Foreign  Relations;  who,  after  having  exchanged  their  said  full 
liowers  in  due  and  proper  form,  have  agreed  to  the  following  articles: 

Article  I. 

There  shall  be  a perfect,  firm  and  inviolable  peace  and  sincere  friend- 
ship between  the  United  States  of  America  and  the  Reimblic  of  Ecua- 
dor, in  all  the  extent  of  their  jiossessions  and  territories,  and  between 
their  peojile  and  citizens,  respectively,  without  distinction  of  persons 
or  places. 

Article  II. 

The  United  States  of  America  and  the  Eeimblic  of  Ecuador,  desir- 
ing to  live  in  peace  and  harmony  with  all  the  other  nations  of  the 
earth,  by  means  of  a policy  frank  and  equally  friendly  with  all, 
engage  mutually  not  to  grant  any  particular  favor  to  other  nations 
in  respect  of  commerce  and  navigation  which  shall  not  immediately 
become  common  to  the  other  party,  Avho  shall  enjoy  the  same  freely, 
if  the  concession  was  freely  made,  or,  on  allowing  the  same  com- 
pensation, if  the  concession  was  conditional. 

Article  III. 

The  two  high  contracting  parties,  being  likewise  desirous  of  placing 
the  commerce  and  navigation  of  their  respective  countries  on  the 
liberal  basis  of  perfect  equality  and  reciprocity,  mutually  agree  that 
the  citizens  of  each  may  frequent  all  the  coasts  and  countries  of 
the  other,  and  reside  and  trade  there  in  all  kinds  of  produce,  manu- 
factures and  merchandise;  and  they  shall  enjoy  all  the  rights,  privi- 
leges and  exemptions  in  navigation  and  commerce  which  native  citi- 
zens do  or  shall  enjoy,  submitting  themselves  to  the  laws,  decrees  and 
usages  there  established,  to  which  native  citizens  are  subjected;  but 
it  is  understood  that  this  article  does  not  include  the  coasting  trade 
of  either  country,  the  regulation  of  which  is  reserved  by  the  parties 
resjiectively,  according  to  their  own  separate  laws.  And  it  is  further 
agreed  that  this  article  shall  be  subject  to  the  following  modification: 
That  whereas  by  a law  of  Ecuador  of  March  twenty-first,  1837, 
vessels  built  in  the  dock-yard  of  Guayaquil  shall  be  exemjited  from 
various  charges,  therefore  vessels  of  the  United  States  cannot  claim 
this  privilege,  but  shall  enjoy  it  if  it  should  be  granted  to  vessels 
belonging  to  Spain,  or  to  Mexico,  and  to  the  other  Hispano- American 
Republics. 

Article  IV. 

They  likewise  agree  that  whatever  kind  of  produce,  manufactures 
or  merchandise  of  any  foreign  country  can  be,  from  time  to  time, 
lawfully  imported  into  the  United  States  in  their  own  A^essels,  may 
be  also  imported  in  the  vessels  of  the  Republic  of  Ecuador;  and  that 
no  higher  or  other  duties  upon  the  tonnage  of  the  vessel  and  her  cargo 
shall  be  levied  and  collected,  whether  the  importation  be  made  in  the 
A'essels  of  the  one  country  or  of  the  other;  and,  in  like  manner,  that 
Avhatever  kind  of  produce,  manufactures,  or  merchandise  of  any 
foreign  country  can  be,  from  time  to  time,  lawfully  imported  into 


ECUADOR — 1839. 


423 


the  Eepublic  of  Ecuador  in  its  own  vessels,  may  be  also  imported 
in  vessels  of  the  United  States;  and  that  no  higher  or  other  duties 
upon  the  tonnage  of  the  vessel  and  her  cargo  shall  be  levied  or  col- 
lected, whether  the  importation  be  made  in  vessels  of  the  one  country 
or  of  the  other.  And  they  agree  that  whatever  may  be  lawfully  ex- 
ported or  re-exported  from  the  one  country  in  its  own  vessels,  to  any 
foreign  country,  may,  in  like  manner,  be  exported  or  re-exported  in 
the  vessels  of  the  other  country.  And  the  same  bounties,  duties  and 
drawbacks  shall  be  allowed  and  collected,  whether  such  exportation 
or  re-exportation  be  made  in  vessels  of  the  United  States  or  of  the 
Eepublic  of  Ecuador. 

Article  V. 

For  the  better  understanding  of  the  preceding  article,  and  taking 
into  consideration  the  actual  state  of  the  commercial  marine  of  Ecua- 
dor, it  has  been  stipulated  and  agreed  that  all  vessels  belonging  ex- 
clusively to  a citizen  or  citizens  of  said  Eepublic,  and  whose  captain 
is  also  a citizen  of  the  same,  though  the  construction  or  the  crew 
are  or  may  be  foreign,  shall  be  considered,  for  all  the  objects  of  this 
treaty,  as  an  Ecuadorian  vessel. 

Article  VI. 

No  higher  or  other  duties  shall  be  imposed  on  the  importation  into 
the  United  States  of  any  articles,  the  produce  or  manufactures  of 
the  Eepublic  of  Ecuador ; and  no  higher  or  other  duties  shall  be  im- 
posed on  the  importation  into  the  Eepublic  of  Ecuador  of  any  arti- 
cles, the  produce  or  manufactures  of  the  United  States,  than  are  or 
shall  be  payable  on  the  like  articles,  being  the  produce  or  manu- 
factures of  any  other  foreign  country ; nor  shall  any  higher  or  other 
duties  or  charges  be  imposed  in  either  of  the  two  countries,  on  the 
exportation  of  any  articles  to  the  United  States  or  to  the  Eepublic  of 
Ecuador,  respectively,  than  such  as  are  payable  on  the  exportation  of 
the  like  articles  to  any  other  foreign  country;  nor  shall  any  prohibi- 
tion be  imposed  on  the  exportation  or  importation  of  any  articles  the 
produce  or  manufactures  of  the  United  States  or  of  the  Eepublic  of 
Ecuador,  to  or  from  the  territories  of  the  United  States,  or  to  or  from 
the  territories  of  the  Eepublic  of  Ecuador,  which  shall  not  equally 
extend  to  all  other  nations. 


Article  VII. 

It  is  likewise  agreed  that  it  shall  be  wholly  free  for  all  merchants, 
commanders  of  ships,  and  other  citizens  of  both  countries,  to  manage 
themselves  their  own  business  in  all  the  ports  and  places  subject  to 
the  jurisdiction  of  each  other,  as  well  with  respect  to  the  consignment 
and  sale  of  their  goods  and  merchandise  by  wholesale  or  retail,  as 
with  respect  to  the  loading,  unloading  and  sending  off  their  ships; 
they  being  in  all  these  cases  to  be  treated  as  citizens  of  the  country  in 
which  they  reside,  or,  at  least,  to  be  placed  on  a footing  with  the 
subjects  or  citizens  of  the  most  favored  nation.  They  shall  be  subject, 
however,  to  such  general  taxes  and  contributions  as  are  or  may  be 
established  by  law. 


424 


TREATIES,  CONVENTIONS,  ETC. 
Article  VIII. 


The  citizens  of  neither  of  the  contracting  parties  shall  be  liable  to 
any  embargo,  nor  be  detained  with  their  vessels,  cargoes,  merchandises 
or  effects  for  any  military  expedition,  nor  for  any  public  or  private 
purpose  whatever,  without  allowing  to  those  interested  a sufficient 
indemnification. 

Article  IX. 

IVhenever  the  citizens  of  either  of  the  contracting  parties  shall  be 
forced  to  seek  refuge  or  asylum  in  the  rivers,  bays,  ports  or  dominions 
of  the  other,  with  their  vessels,  whether  merchant  or  of  war,  public  or 
private,  through  stress  of  weather,  pursuit  of  pirates  or  enemies,  they 
shall  be  received  and  treated  with  humanity,  giving  to  them  all  favor 
and  protection  for  repairing  their  ships,  procuring  provisions,  and 
placing  themselves  in  a situation  to  continue  their  voyage  without 
obstacle  or  hindrance  of  any  kind. 

Article  X. 

All  the  ships,  merchandise  and  the  effects  belonging  to  the  citizens 
of  one  of  the  contracting  parties,  which  may  be  captured  by  pirates, 
whether  within  the  limits  of  its  jurisdiction  or  on  the  high  seas,  and 
may  be  carried  or  found  in  the  rivers,  roads,  bays,  ports  or  dominions 
of  the  other,  shall  be  delivered  up  to  the  owners,  they  proving,  in  due 
and  proper  form,  their  rights  before  the  competent  tribunals,  it  being 
well  understood  that  the  claim  should  be  made  within  the  term  of 
one  year  by  the  parties  themselves,  their  attorneys  or  agents  of  their 
respective  Governments. 

Article  XI. 

Vdien  any  vessels  belonging  to  the  citizens  of  either  of  the  contract- 
ing parties  shall  be  wrecked,  foundered,  or  shall  suffer  any  damage  on 
the  coasts  or  within  the  dominions  of  the  other,  there  shall  be  given 
to  them  all  assistance  and  protection,  in  the  same  manner  which  is 
usual  and  customary  with  the  vessels  of  the  nation  where  the  damage 
happens,  jiermitting  them  to  unload  the  said  vessel,  if  necessary,  of 
its  merchandise  and  effects,  without  exacting  for  it  any  duty,  impost, 
or  contribution  whatever,  unless  they  be  destined  for  consumption. 

Article  XII. 

The  citizens  of  each  of  the  contracting  parties  shall  have  power  to 
dispose  of  their  personal  goods  within  the  jurisdiction  of  the  other, 
by  sale,  donation,  testament  or  otherwise,  and  their  representatives, 
being  citizens  of  the  other  party,  shall  succeed  to  their  said  personal 
goods,  whether  by  testament  or  ah  intestato,  and  they  may  take  pos- 
session thereof,  either  by  themselves  or  by  others  acting  for  them, 
and  dispose  of  the  same  at  their  will,  paying  such  duties  only  as  the 
inhabitants  of  the  country  wherein  the  said  goods  are  shall  be  subject 
to  pay  in  like  cases.  And  if,  in  the  case  of  real  estate,  the  said  heirs 
Avould  be  prevented  from  entering  into  the  possession  of  the  inheritance 
on  account  of  their  character  of  aliens,  there  shall  be  granted  to  them 


ECUADOR — 1839. 


425 


the  term  of  three  years  to  dispose  of  the  same  as  they  may  think 
proper,  and  to  withdraw  the  proceeds  without  molestation,  nor  any 
other  charges  than  those  which  are  imposed  by  the  laws  of  the  country. 

Article  XIII. 

Both  the  contracting  parties  promise  and  engage,  formally,  to  give 
their  special  protection  to  the  persons  and  property  of  the  citizens  of 
each  other,  of  all  occupations,  who  may  be  in  the  territories  subject  to 
the  jurisdiction  of  the  one  or  the  other,  transient  or  dwelling  therein, 
leaving  open  and  free  to  them  the  tribunals  of  justice  for  their  judicial 
recourse,  on  the  same  terms  which  are  usual  and  customary  with  the 
natives  or  citizens  of  the  country  in  which  they  may  be ; for  which 
they  may  employ,  in  defence  of  their  rights,  such  advocates,  solicitors, 
notaries,  agents  and  factors  as  they  may  judge  proper,  in  all  their 
trials  at  law ; and  such  citizens  or  agents  shall  have  free  opportunity 
to  be  present  at  the  decisions  and  sentences  of  the  tribunals  in  ail 
cases  which  may  concern  them,  and  likewise  at  the  taking  of  all 
examinations  and  evidence  which  may  be  exhibited  on  the  said  trials. 

Article  XIV. 

It  is  likewise  agreed  that  the  most  perfect  and  entire  security  of 
conscience  may  be  enjoyed  by  the  citizens  of  both  the  contracting  par- 
ties, in  the  countries  subject  to  the  jurisdiction  of  the  one  and  the 
other,  without  their  being  liable  to  be  disturbed  or  molested  on  account 
of  their  religious  belief,  so  long  as  they  respect  the  laws  and  estab- 
lished usages  of  the  country.  Moreover,  the  bodies  of  the  citizens  of 
one  of  the  contracting  parties,  who  may  die  in  the  territories  of  the 
other,  shall  be  buried  in  the  usual  burying-grounds,  or  in  other  decent 
or  suitable  places,  and  shall  be  protected  from  violation  or  disturbance. 

Article  XV. 

It  shall  be  lawful  for  the  citizens  of  the  United  States  of  America 
and  of  the  Republic  of  Ecuador  to  sail  with  their  ships  with  all  man- 
ner of  liberty  and  security,  no  distinction  being  made  who  are  the 
proprietors  of  the  merchandises  laden  thereon,  from  any  port  to  the 
places  of  those  who  now  are  or  hereafter  shall  be  at  enmity  with 
either  of  the  contracting  parties.  It  shall  likewise  be  lawful  for  the 
citizens  aforesaid  to  sail  with  their  ships  and  merchandises  before 
mentioned,  and  to  trade  with  the  same  liberty  and  security  from  the 
places,  ports  and  havens  of  those  who  are  enemies  of  both  or  either 
ppty,  without  any  opposition  or  disturbance  whatsoever;  not  only 
directly  from  the  places  of  the  enemy  before  mentioned,  to  neutral 
places,  but  also  from  one  place  belonging  to  an  enemy  to  another  place 
belonging  to  an  enemy,  whether  they  be  under  the  jurisdiction  of 
one  power  or  under  several.  And  it  is  hereby  stipulated,  that  free 
ships  shall  also  give  freedom  to  goods,  and  that  everything  shall  be 
deemed  free  and  exempt  which  shall  be  found  on  board  the  ships 
belonging  to  the  citizens  of  either  of  the  contracting  parties,  although, 
the  whole  lading,  or  any  part  thereof,  should  appertain  to  the  enemies 
of  either,  contraband  goods  being  always  excepted.  It  is  also  agreed, 
in  like  manner,  that  the  same  liberty  shall  be  extended  to  persons 


426 


TREATIES,  CONVENTIONS,  ETC. 


who  are  on  board  a free  ship,  with  this  effect,  that,  although  they 
may  be  enemies  to  both  or  either  party,  they  are  not  to  be  taken  out 
of  that  free  ship,  unless  they  are  officers  or  soldiers,  and  in  the 
actual  service  of  the  enemies : Provided^  however^  and  it  is  hereby 
agreed,  that  the  stipulations  in  this  article  contained,  declaring  that 
the  flag  shall  cover  the  property,  shall  be  understood  as  applying  to 
those  powers  only  who  recognize  this  principle ; but  if  either  of  the 
two  contracting  parties  shall  be  at  war  with  a third,  and  the  other 
neutral,  the  flag  of  the  neutral  shall  cover  the  property  of  enemies 
whose  governments  acknowledge  this  principle,  and  not  of  others. 

Article  XVI. 

It  is  likewise  agreed,  that  in  the  case  where  the  neutral  flag  of  one 
of  the  contracting  parties  shall  protect  the  property  of  the  enemies  of 
the  other,  by  virtue  of  the  above  stipulations,  it  shall  always  be 
understood  that  the  neutral  property  found  on  board  such  enemy’s 
vessels  shall  be  held  and  considered  as  enemy’s  property,  and,  as 
such,  shall  be  liable  to  detention  and  confiscation ; except  such  prop- 
erty as  was  put  on  board  such  vessel  before  the  declaration  of  war, 
or  even  afterwards,  if  it  were  done  without  the  knowledge  of  it; 
but  tbe  contracting  parties  agree,  that  six  months  having  elapsed 
after  the  declaration,  their  citizens  shall  not  plead  ignorance  thereof. 
On  the  contrary,  if  the  flag  of  the  neutral  does  not  protect  the  enemy’s 
property,  in  that  case,  the  goods  and  merchandises  of  the  neutral, 
embarked  in  such  enemy’s  ship,  shall  be  free. 

Article  XVII. 

This  liberty  of  navigation  and  commerce  shall  extend  to  all  kinds 
of  merchandise,  excepting  those  only  which  are  distinguished  by  the 
name  of  contraband ; and  under  this  name  of  contraband  or  pro- 
hibited goods  shall  be  comprebended : 

1st.  Cannons,  mortars,  howitzers,  swivels,  blunderbusses,  muskets, 
fusees,  rifles,  carbines,  pistols,  pikes,  swords,  sabres,  lances,  spears, 
halbreds,  and  grenades,  bombs,  powder,  matches,  balls  and  all  other 
things  belonging  to  the  use  of  these  arms. 

2nd.  Bucklers,  helmets,  breast-plates,  coats  of  mail,  infantry  belts, 
and  clothes  made  up  in  military  form,  and  for  military  use. 

3rd.  Cavalry  belts,  and  horses  with  their  furniture. 

4th.  And,  generally,  all  kinds  of  arms  and  instruments  of  iron, 
steel,  brass  and  copper,  or  of  any  other  materials  manufactured,  pre- 
pared and  formed  expressly  to  make  war,  by  sea  or  land. 

Article  X^H^II. 

All  other  merchandises  and  things  not  comprehended  in  the  articles 
of  contraband  explicitly  enumerated  and  classified  as  above  shall  be 
held  and  considered  as  free,  and  subjects  of  free  and  lawful  com- 
merce, so  that  they  may  be  carried  and  transported  in  the  freest  man- 
ner, by  the  citizens  of  both  the  contracting  parties,  even  to  places 
belonging  to  an  enemy,  excepting  onlj'^  those  places  which  are,  at 
that  time,  besieged  or  blockaded;  and  to  avoid  all  doubt  in  this 
particular,  it  is  declared  that  those  places  only  are  besieged  or 
blockaded  which  are  actually  attacked  by  a belligerent  force  capable 
of  preventing  the  entry  of  a neutral. 


ECUADOR — 1839. 


427 


Article  XIX, 

The  articles  of  contraband  before  enumerated  and  classified,  which 
may  be  found  in  a vessel  bound  for  an  enemy’s  port,  shall  be  subject 
to  detention  and  confiscation,  leaving  free  the  rest  of  the  cargo  and 
the  ship,  that  the  owners  may  dispose  of  them  as  they  may  see  proper. 
Xo  vessel  of  either  of  the  two  nations  shall  be  detained  on  the  high 
seas  on  account  of  having  on  board  articles  of  contraband,  whenever 
the  master,  captain,  or  supercargo  of  said  vessel  will  deliver  up  the 
articles  of  contraband  to  the  captor,  unless  the  quantity  of  such 
articles  be  so  great,  or  of  so  large  a bulk,  that  they  cannot  be  received 
on  board  the  capturing  ship  without  great  inconvenience ; but  in  this 
and  in  all  other  cases  of  just  detention,  the  vessel  detained  shall  be 
sent  to  the  nearest  convenient  and  safe  port,  for  trial  and  judgment, 
according  to  law. 

Article  XX. 

And  whereas  it  frequently  happens  that  vessels  sail  for  a port  or 
places  belonging  to  an  enemy,  without  knowing  that  the  same  is 
besieged,  blockaded  or  invested,  it  is  agreed  that  every  vessel  so 
circumstanced  may  be  turned  away  from  such  port  or  place,  but  shall 
not  be  detained,  nor  shall  any  part  of  her  cargo,  if  not  contraband, 
be  confiscated,  unless,  after  warning  of  such  blockade  or  investment, 
from  any  officer  commanding  a vessel  of  the  blockading  forces,  they 
shall  again  attempt  to  enter;  but  she  shall  be  permitted  to  go  to  any 
other  port  or  place  she  shall  think  proper. 

Xor  shall  any  vessel  of  either,  that  may  have  entered  into  such 
port  before  the  same  was  actually  besieged,  blockaded  or  invested  by 
the  other,  be  restrained  from  quitting  such  place  with  her  cargo ; nor, 
if  found  therein,  after  the  reduction  and  surrender,  shall  such  vessel 
or  her  cargo  be  liable  to  confiscation,  but  they  shall  be  restored  to  the 
owners  thereof. 

Article  XXI. 

In  order  to  prevent  all  kinds  of  disorder,  in  the  visiting  and  exami- 
nation of  the  ships  and  cargoes  of  both  the  contracting  parties,  on 
the  high  seas,  they  have  agreed,  mutually,  that,  whenever  a vessel  of 
war,  public  or  private,  shall  meet  with  a neutral  of  the  other  con- 
tracting party,  the  first  shall  remain  out  of  cannon-shot,  and  may 
send  its  boats  with  two  or  three  men  only,  in  order  to  execute  the  said 
examination  of  the  papers,  concerning  the  ownership  and  cargo  of 
the  vessel,  without  causing  the  least  extortion,  violence  or  ill  treat- 
ment, for  which  the  commanders  of  the  said  armed  ships  shall  be  re- 
sponsible with  their  persons  and  property,  for  which  purpose  the  com- 
manders of  the  said  private  armed  vessel  shall,  before  receiving  their 
commissions,  give  sufficient  security  to  answer  for  all  the  damages 
they  may  commit;  and  it  is  expressly  agreed  that  the  neutral  party 
shall,  in  no  case,  be  required  to  go  on  board  the  examining  vessel  for 
the  purpose  of  exhibiting  his  papers,  or  for  any  other  purpose  what- 
ever. 

Article  XXII. 

To  avoid  all  kind  of  vexation  and  abuse  in  the  examination  of  the 
papers  relating  to  the  oiynership  of  the  vessels  belonging  to  the  citi- 
zens of  the  two  contracting  parties,  they  have  agreed,  and  do  agree. 


428 


TBEATIES,  CONVENTIONS,  ETC. 


that  in  case  one  of  them  should  be  engaged  in  war,  the  ships  and  ves- 
sels belonging  to  the  citizens  of  the  other  must  be  furnished  with  sea- 
letters  or  passports,  expressing  the  name,  property  and  bulk  of  the 
ship;  as  also  the  name  and  place  of  habitation  of  the  master  and 
commander  of  said  vessel,  in  order  that  it  may  thereby  appear  that 
said  ship  truly  belongs  to  the  citizens  of  one  of  the  parties.  They 
have  likewise  agreed,  that  such  ships  being  laden,  besides  the  said 
sea-letters  or  passports,  shall  also  be  provided  with  certificates  con- 
taining the  several  particulars  of  the  cargo,  and  the  jilace  whence  the 
ship  sailed,  so  that  it  may  be  known  whether  any  forbidden  or  contra- 
band goods  be  on  board  the  same ; which  certificates  shall  be  made  out 
by  the  officers  of  the  place  whence  the  ship  sailed,  in  the  accustomed 
form;  without  such  requisites  said  vessels  may  be  detained,  to  be 
adjudged  by  the  competent  tribunal,  and  may  be  declared  legal  prize, 
unless  the  said  defect  shall  be  proved  to  be  owing  to  accident,  and 
satisfied  or  supplied  by  testimony  entirely  equivalent. 

Article  XXIII. 

It  is  further  agreed  that  the  stipulations  above  expressed,  relative 
to  the  visiting  and  examination  of  vessels,  shall  apply  only  to  those 
which  sail  without  convoy ; and  when  said  vessels  shall  be  under  con- 
voy, the  verbal  declaration  of  the  commander  of  the  convoy,  on  his 
word  of  honor,  that  the  vessels  under  his  protection  belong  to  the 
nation  whose  flag  he  carries,  and  when  they  are  bound  to  an  enemy’s 
port,  that  they  have  no  contraband  goods  on  board,  shall  be  sufficient. 

Article  XXIV. 

It  is  further  agreed  that,  in  all  cases,  the  established  courts  for 
jirize  causes,  in  the  country  to  which  the  prizes  may  be  conducted, 
shall  alone  take  cognizance  of  them ; and  whenever  such  tribunals,  of 
either  party,  shall  pronounce  judgment  against  any  vessel  or  goods 
or  property  claimed  by  the  citizens  of  the  other  party,  the  sentence 
or  decree  shall  mention  the  reasons  or  motives  on  which  the  same  shall 
have  been  founded,  and  an  authenticated  copy  of  the  sentence  or 
decree,  and  of  all  the  proceedings  in  the  case,  shall,  if  demanded,  be 
delivered  to  the  commander  or  agent  of  said  vessel,  without  any  delay, 
he  paying  the  legal  fees  for  the  same. 

Article  XXV. 

IVhenever  one  of  the  contracting  parties  shall  be  engaged  in  war 
Avith  another  State,  no  citizen  of  the  other  contracting  party  shall 
accept  a commission  or  letter  of  marque,  for  the  purpose  of  assisting 
or  co-operating  hostility  ivith  the  said  enemy,  against  the  said  party 
so  at  war,  under  the  pain  of  being  considered  as  a pirate. 

Article  XXVI. 

If  by  any  fatality,  which  cannot  be  expected,  and  Avhich  God  for- 
bid, the  two  contracting  parties  should  be  engaged  in  a war  with  each 
other,  they  haA'e  agreed,  and  do  agree,  now  for  then,  that  there  shall 
be  alloAved  the  term  of  six  months  to  the  merchants  residing  on  the 


ECUADOR 1839. 


429 


coasts  and  in  the  ports  of  each  other,  and  the  term  of  one  year  to  those 
who  dwell  in  the  interior,  to  arrange  their  business  and  transport 
their  etfects  wherever  they  please,  giving  to  them  the  safe  conduct 
necessary  for  it,  which  may  serve  as  a sufficient  protection,  until  they 
arrive  at  the  designated  port.  The  citizens  of  all  other  occupations 
who  may  be  established  in  the  territories  or  dominions  of  the  United 
States  and  the  Republic  of  Ecuador,  shall  be  respected  and  main- 
tained in  the  full  enjoyment  of  their  personal  liberty  and  property, 
unless  their  particular  conduct  shall  cause  them  to  forfeit  this  pro- 
tection, which,  in  consideration  of  humanity,  the  contracting  parties 
engage  to  give  them. 


Article  XXVII. 

Xeither  the  debts  due  from  individuals  of  the  one  nation  to  the 
individuals  of  the  other,  nor  shares,  nor  moneys,  which  they  may  have 
in  public  funds,  nor  in  public  nor  private  banks,  shall  ever,  in  any 
event  of  war,  or  of  national  difference,  be  sequestered  or  confiscated. 

Article  XXVIII. 

Both  the  contracting  parties,  being  desirous  of  avoiding  all  in- 
equality in  relation  to  their  public  communications  and  official  inter- 
course, have  agreed,  and  do  agree,  to  grant  to  the  Envoys,  Ministers, 
and  other  Public  Agents,  the  same  favors,  immunities  and  exemptions 
which  those  of  the  most  favored  nation  do  or  shall  enjoy;  it  being 
understood,  that  whatever  favors,  immunities,  or  privileges,  the 
United  States  of  America  or  the  Republic  of  Ecuador  may  find  it 
proper  to  give  to  the  Ministers  and  other  Public  Agents  of  any  other 
power,  shall,  by  the  same  act,  be  extended  to  those  of  each  of  the 
contracting  parties. 

Article  XXIX. 

To  make  more  effectual  the  protection  which  the  United  States  and 
the  Republic  of  Ecuador  shall  afford  in  future,  to  the  navigation  and 
commerce  of  the  citizens  of  each  other,  they  agree  to  receive  and 
admit  Consuls  and  Vice-Consuls  in  all  the  ports  open  to  foreign  com- 
merce, who  shall  enjoy  in  them  all  the  rights,  perogatives  and  immu- 
nities of  the  Consuls  and  Vice-Consuls  of  the  most  favored  nation; 
each  contracting  party,  however,  remaining  at  liberty  to  except  those 
ports  and  places  in  which  the  admission  and  residence  of  such  consuls 
and  Vice-Consuls  may  not  seem  convenient. 


Article  XXX. 

In  order  that  the  Consuls  and  Vice-Consuls  of  the  two  contracting 
parties  may  enjoy  the  rights,  prerogatives  and  immunities  which  be- 
long to  them  by  their  public  character,  they  shall,  before  entering  on 
the  exercise  of  their  functions,  exhibit  their  commission  or  patent  in 
due  form  to  the  Government  to  which  they  are  accredited ; and,  hav- 
ing obtained  their  exequatur,  they  shall  be  held  and  considered  as 
such,  by  all  the  authorities,  magistrates  and  inhabitants  in  the  con- 
sular district  in  which  they  reside. 


430 


TREATIES,  CONVENTIONS,  ETC. 


Article  XXXI. 

It  is  likewise  agreed  that  the  Consuls,  their  secretaries,  officers  and 
persons  attached  to  the  service  of  Consuls,  they  not  being  citizens  of 
the  country  in  which  the  Consul  resides,  shall  be  exempted  from  all 
kinds  of  taxes,  imposts  and  contributions,  except  those  which  they 
shall  be  obliged  to  pay  on  account  of  commerce  or  their  property, 
to  which  the  citizens  and  inhabitants,  native  and  foreign,  of  the  coun- 
try in  which  they  reside,  are  subject;  being  in  everything  besides 
subject  to  the  laws  of  the  respective  states.  The  archives  and  23apers 
of  the  consulates  shall  be  respected  inviolably,  and  under  no  pretext 
whatever  shall  any  magistrate  seize  or  in  any  way  interfere  with 
them. 

Article  XXXII. 

The  said  Consuls  shall  have  power  to  require  the  assistance  of  the 
authorities  of  the  country,  for  the  arrest,  detention  and  custody  of 
deserters  from  the  jmblic  and  private  vessels  of  their  country;  and 
for  that  iiurjiose  they  shall  address  themselves  to  the  courts,  judges 
and  officers  competent,  and  shall  demand  the  said  deserters  in  writ- 
ing ; jiroving  by  an  exhibition  of  the  register  of  the  vessel’s  or  ship’s 
roll,  or  other  joublic  documents,  that  those  men  Avere  jiart  of  the  said 
crews,  and  on  this  demand,  so  proved,  (saving,  however,  where  the 
contrary  is  proved,)  the  delivery  shall  not  be  refused.  Such  desert- 
ers, Avhen  arrested,  shall  be  put  at  the  disposal  of  said  Consuls,  and 
may  be  jiut  in  the  public  jirisons  at  the  request  and  expense  of  those 
Avho  reclaim  them,  to  be  sent  to  the  ships  to  which  they  belonged, 
or  to  others  of  the  same  nation.  But  if  they  be  not  sent  back  Avithin 
tAvo  months,  to  be  counted  from  the  day  of  their  arrest,  they  shall  be 
set  at  liberty,  and  shall  be  no  more  arrested  for  the  same  cause. 

Article  XXXIII. 

For  the  purpose  of  more  effectually  protecting  their  commerce  and 
navigation,  the  two  contracting  jiarties  do  hereby  agree,  as  soon  here- 
after as  circumstances  Avill  permit  them,  to  form  a consular  coiiA^en- 
tion,  Avhich  shall  declare  especially  the  poAvers  and  immunities  of  the 
Consuls  and  Vice-Consuls  of  the  respectiA^e  jiarties. 

Article  XXXIV. 

It  is  further  agreed,  that  the  words,  “ most  favored  nation,”  that 
occur  in  this  treaty,  shall  not  be  so  construed  as  to  prevent  either  of 
the  contracting  parties  from  concluding  any  treaty  or  convention  with 
any  other  nation  or  State  it  may  think  proper,  as  freely  and  as  fully 
as  though  said  Avords  Avere  not  used:  Provided^  however.,  That  not- 
withstanding any  such  treaty  or  convention,  the  citizens  of  the  United 
States  shall  be  placed  in  Ecuador,  with  respect  to  navigation  and 
commerce,  iqion  an  equal  footing  with  the  subjects  of  Spain  and  with 
the  citizens  of  Mexico  and  of  the  other  Hispano- American  States, 
Avith  which  treaties  haA’^e  been  or  may  be  concluded;  and  that  the 
citizens  of  Ecuador  shall  be  entitled  to  enjoy,  in  the  United  States, 
the  same  rights  and  privileges,  with  respect  to  navigation  and  com- 
merce, that  the  citizens  of  the  United  States  enjoy,  or  shall  enjojq  in 
Ecuador. 


msiom  uemx^ 


!56  Fifth 


431 


Article  XXXV. 


The  United  States  of  America  and  the  Republic  of  Ecuador,  desir- 
ing to  make  as  durable  as  circumstances  will  permit  the  relations 
which  are  to  be  established  between  the  two  parties,  by  virtue  of  this 
treaty  of  peace,  amity,  commerce  and  navigation,  have  decided  sol- 
emnly and  do  agree  to  the  following  points : 

1st.  The  present  treaty  shall  remain  in  full  force  and  virtue  for  the 
term  of  twelve  years,  to  be  counted  from  the  day  of  exchange  of  the 
ratifications,  and  further,  until  the  end  of  one  year  after  either  of 
the  contracting  parties  shall  have  given  notice  to  the  other  of  its 
intention  to  terminate  the  same;  each  of  the  contracting  parties  re- 
serving to  itself  the  right  of  giving  such  notice  to  the  other  at  the 
end  of  said  term  of  twelve  years:  And  it  is  hereby  agreed  between 
them,  that,  on  the  expiration  of  one  year  after  such  notice  shall  have 
been  received  by  either,  from  the  other  party,  this  treaty,  in  all  its 
parts  relative  to  commerce  and  navigation,  shall  altogether  cease  and 
determine,  and  in  all  those  parts  which  relate  to  peace  and  friendship, 
it  shall  be  perpetually  and  permanently  binding  on  both  powers. 

2nd.  If  any  one  or  more  of  the  citizens  of  either  party  shall  in- 
fringe any  of  the  articles  of  this  treaty,  such  citizens  shall  be  held 
personally  responsible  for  the  same,  and  harmony  and  good  corre- 
spondence between  the  two  nations  shall  not  be  interrupted  thereby, 
each  party  engaging  in  no  way  to  protect  the  offender,  or  sanction 
such  violation. 

3rd.  If,  (what  indeed  cannot  be  expected,)  unfortunately,  any  of 
the  articles  contained  in  the  present  treaty  shall  be  violated  or  in- 
fringed in  any  way  whatever,  it  is  expressly  stipulated  that  neither 
of  the  contracting  parties  will  order  or  authorize  anj^^  act  of  reprisal, 
nor  declare  war  against  the  other  on  complaints  of  injuries  or  dam- 
ages, until  the  said  party  considering  itself  offended  shall  first  have 
presented  to  the  other  a statement  of  such  injuries  or  damages,  veri- 
fied by  competent  proofs,  and  demanded  justice,  and  the  same  shall 
have  been  either  refused  or  unreasonably  delayed. 

4th.  Nothing  in  this  treaty  shall,  however,  be  construed  or  operate 
contrary  to  former  and  existing  public  treaties,  with  other  sovereigns 
and  states. 

The  present  treaty  of  peace,  amity,  commerce  and  navigation,  shall 
be  approved  and  ratified  by  the  President  of  the  United  States  of 
America,  by  and  with  the  advice  and  consent  of  the  Senate  thereof, 
and  by  the  President  of  the  Republic  of  Ecuador,  with  the  consent 
and  approbation  of  the  Congress  of  the  same;  and  the  ratifications 
shall  be  exchanged  in  the  city  of  Quito,  within  three  years,  to  be 
counted  from  the  date  of  the  signature  hereof,  or  sooner  if  possible. 

In  faith  whereof,  we,  the  Plenipotentiaries  of  the  United  States  of 
America  and  of  the  Republic  of  Ecuador,  have  signed  and  sealed 
these  presents. 

Done  in  the  city  of  Quito  on  the  thirteenth  day  of  June,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  thirty-nine,  and  in 
the  sixty-third  year  of  the  Independence  of  the  United  States  of 
America  and  the  twenty-ninth  of  that  of  the  Republic  of  Ecuador. 


[seal.] 

[seal.] 


J.  C.  Pickett. 
Luis  de  Saa. 


432 


TREATIES,  CONVENTIONS,  ETC. 


1862 


Claims  Convention. 


Concluded  November  25,  1862;  rati-fication  advised  by  the  Senate 
January  28,  1863;  ratified  by  the  President  February  13,  1863; 
ratifications  exchanged  July  27,  186 J^;  proclaimed  September  8, 
1865. 


Articles. 


I.  Claims;  commission. 
II.  Procedure. 

III.  Award. 


V.  Decisions. 
VI.  Expenses. 
VII.  Ratification. 


IV.  Duration  of  commission. 

The  United  States  of  America  and  the  Republic  of  Ecuador,  desir- 
ing to  adjust  the  claims  of  citizens  of  said  States  against  Ecuador, 
and  of  citizens  of  Ecuador  against  the  United  States,  have,  for  that 
purpose,  appointed  and  conferred  full  powers,  respectively,  to  wit : 

The  President  of  the  United  States  on  Frederick  Hassaurek,  Min- 
ister Resident  of  the  United  States  in  Ecuador,  and  the  President 
of  Ecuador  on  Juan  Jose  Flores,  General-in-Chief  of  the  Armies  of 
the  Republic; 

MJio,  after  exchanging  their  full  powers,  which  were  found  in  good 
and  proper  form,  have  agreed  on  the  following  articles: 


Article  I. 


All  claims  on  the  part  of  corporations,  companies  or  individuals, 
citizens  of  the  United  States,  upon  the  Government  of  Ecuador,  or  of 
corporations,  companies  or  individuals,  citizens  of  Ecuador,  upon  the 
Government  of  the  United  States,  shall  be  referred  to  a Board  of 
Commissioners  consisting  of  two  members,  one  of  whom  shall  be 
appointed  by  the  Government  of  the  United  States,  and  one  by  the 
Government  of  Ecuador.  In  case  of  death,  absence,  resignation  or 
incapacity  of  either  Commissioner,  or  in  the  event  of  either  Com- 
missioner omitting  or  ceasing  to  act,  the  Government  of  the  United 
States  or  that  of  Ecuador,  respectively,  or  the  Minister  of  the  United 
States  in  Ecuador,  in  the  name  of  his  Government,  shall  forthwith 
proceed  to  fill  the  vacancy  thus  occasioned.  The  Commissioners  so 
named  shall  meet  in  the  city  of  Guayaquil  within  ninety  days  from 
the  exchange  of  the  ratifications  of  this  convention,  and  before  pro- 
ceeding to  business  shall  make  solemn  oath  that  they  will  carefully 
examine  and  impartially  decide  according  to  justice,  and  in  com- 
pliance with  the  provisions  of  this  convention,  all  claims  that  shall 
be  submitted  to  them;  and  such  oath  shall  be  entered  on  the  record 
of  their  proceedings. 

The  Commissioners  shall  then  proceed  to  name  an  Arbitrator  or 
Umpire,  to  decide  upon  any  case  or  cases  concerning  which  they  may 
disagree,  or  upon  any  jioint  of  difference  which  may  arise  in  the 
course  of  their  proceedings.  And  if  they  cannot  agree  in  the  selec- 
tion, the  Umpire  shall  be  appointed  by  her  Britannic  Majesty’s 
Charge  d’Affaires,  or  (excepting  the  Minister  Resident  of  the  United 
States)  by  any  other  diplomatic  agent  in  Quito  whom  the  two  high 
contracting  parties  shall  invite  to  make  such  appointment. 


ECUADOR 1862. 


433 


Articde  II. 

The  Arbitrator  or  Umpire  being  appointed,  the  Commissioners 
shall,  without  delay,  proceed  to  examine  the  claims  which  may  be 
presented  to  them  by  either  of  the  two  Governments ; and  they  shall 
hear,  if  required,  one  person  in  behalf  of  each  Government  on  every 
separate  claim.  Each  Government  shall  furnish,  upon  request  of 
either  Commissioner,  such  papers  in  its  possession  as  may  be  deemed 
important  to  the  just  determination  of  any  claim  or  claims. 

In  cases  where  they  agree  to  award  an  indemnity,  they  shall  deter- 
mine the  amount  to  be  paid.  In  cases  in  which  said  Commissioners 
cannot  agree,  the  points  of  difference  shall  be  referred  to  the  Umpire, 
before  whom  each  of  the  Commissioners  may  be  heard,  and  whose 
decision  shall  be  final. 


Article  III. 

The  Commissioners  shall  issue  certificates  of  the  sums  to  be  paid  to 
the  claimants,  respectively,  whether  by  virtue  of  the  awards  agreed  to 
between  themselves  or  of  those  made  by  the  Umpire;  and  the  aggre- 
gate amount  of  all  sums  decreed  by  the  Commissioners,  and  of  all 
sums  accruing  from  awards  made  by  the  Umpire  under  the  authority 
conferred  by  the  fifth  article,  shall  be  paid  to  the  Government  to 
which  the  respective  claimants  belong.  Payment  of  said  sums  shall 
be  made  in  equal  annual  instalments,  to  be  completed  within  nine 
years  from  the  date  of  the  termination  of  the  labors  of  the  Commis- 
sion, the  first  payment  to  be  made  six  months  after  the  same  date. 
To  meet  these  payments  both  Governments  pledge  the  revenues  of 
their  respective  nations. 

Article  IV. 

The  Commission  shall  terminate  its  labors  in  twelve  months  from 
the  date  of  its  organization.  They  shall  keep  a record  of  their  pro- 
ceedings, and  may  appoint  a Secretary  versed  in  the  knowledge  of 
the  English  and  Spanish  languages. 

Article  V. 

The  proceedings  of  this  Commission  shall  be  final  and  conclusive 
with  respect  to  all  pending  claims.  Claims  which  shall  not  be  pre- 
sented to  the  Commission  within  the  twelve  months  it  remains  in 
existence  will  be  disregarded  by  both  Governments,  and  considered 
invalid.  In  the  event  that,  upon  the  termination  of  the  labors  of 
said  Commission,  any  case  or  cases  should  be  pending  before  the 
Umpire,  and  awaiting  his  decision,  said  Umpire  is  hereby  authorized 
to  make  his  decision  or  award  in  such  case  or  cases,  and  his  certificate 
thereof  in  each  case,  transmitted  to  each  of  the  two  Governments, 
shall  be  held  to  be  binding  and  conclusive : Provided^  however^  That 
his  decision  shall  be  given  within  thirty  days  from  the  termination 
of  the  labors  of  the  Commission,  at  the  expiration  of  which  thirty 
days  his  power  and  authority  shall  cease. 

24449— VOL  1—10 28 


434 


TREATIES,  CONVENTIONS,  ETC. 


Article  VI. 

Each  Government  shall  pay  its  own  Commissioner;  but  the  Um- 
pire, as  well  as  the  incidental  expenses  of  the  Commission,  shall  be 
paid  one-half  by  the  United  States  and  the  other  half  by  Ecuador. 

Article  VII. 

The  present  convention  shall  be  ratified  and  the  ratifications  ex- 
changed in  the  city  of  Quito. 

In  faith  whereof,  we,  the  respective  Plenipotentiaries,  have  signed 
this  convention  and  hereunto  afiixed  our  seals,  in  the  city  of  Guaya- 
quil, this  twenty-fifth  day  of  November,  in  the  year  of  our  Lord 
1862. 

[seal.]  F.  Hassatjrek. 

[seal.]  Juan  Jose  Flores. 


Pursuant  to  the  foregoing  convention  the  Commission,  consisting 
of  two  members  and  an  arbitrator,  was  duly  appointed,  met  at 
Guayaquil,  August  22,  1864,  terminated  its  session  August  17,  1865, 
and  awarded  $94,799.56  in  favor  of  the  United  States. 


1872.“ 

Naturalization  Convention. 


Concluded  May  6^  1872;  ratification  advised  hy  the  Senate  May  23^ 
1872;  ratified  hy  the  President  May  25^  1872;  ratifications  ex- 
changed November  6, 1873;  proclaimed  November  2Jf.,  1873. 

Articles. 


I.  Requisites  for  naturalization. 

II.  Recovery  of  former  citizenship. 

III.  Renunciation  of  citizenship. 

IV.  Offense  committed  before  emigra- 

tion. 


V.  Declaration  of  intention. 
VI.  Duration. 

VII.  Ratification. 


The  United  States  of  America  and  the  Republic  of  Ecuador,  being 
desirous  of  regulating  the  citizenship  of  persons  who  emigrate  from 
Ecuador  to  the  United  States,  and  from  the  United  States  to  the 
Republic  of  Ecuador,  have  decided  to  treat  on  this  subject,  and  for 
this  purpose,  have  named  their  respective  Plenipotentiaries,  to  wit : 
the  President  of  the  United  States,  Hamilton  Fish,  Secretary  of  State, 
and  the  President  of  the  Republic  of  Ecuador,  Don  Antonio  Flores, 
accredited  as  Minister  Resident  of  that  Republic  to  the  Government 
of  the  United  States;  who,  after  having  communicated  to  each  other 
their  respective  full  powers,  found  in  good  and  due  form,  have  agreed 
upon  the  following  articles. 


“ This  convention  was  abrogated  August  25,  1892,  upon  notice  by  the  Ecua- 
dorian Government. 


ECUADOR 1872. 


435 


Article  I. 

Each  of  the  two  Republics  shall  recognize  as  naturalized  citizens  of 
the  other,  those  persons  who  shall  have  been  therein  duly  naturalized, 
after  having  resided  uninterruptedly,  in  their  adopted  country  as 
long  as  may  be  required  by  its  constitution  or  laws. 

This  Article  shall  apply  as  well  to  those  already  naturalized  in  the 
countries  of  either  of  the  contracting  parties  as  to  those  who  may  be 
hereafter  naturalized. 


Article  II. 

If  a naturalized  citizen  of  either  country  shall  renew  his  residence 
in  that  where  he  was  born,  without  an  intention  of  returning  to  that 
where  he  was  naturalized,  he  shall  be  held  to  have  re-assumed  the 
obligations  of  his  original  citizenship,  and  to  have  renounced  that 
which  he  had  obtained  by  naturalization. 

Article  III. 

A residence  of  more  than  two  years  in  the  native  country  of  a natu- 
ralized citizen,  shall  be  construed  as  an  intention  on  his  part  to  stay 
there  without  returning  to  that  where  he  was  naturalized.  This  pre- 
sumption, however,  may  be  rebutted  by  evidence  to  the  contrary. 

Article  IV. 

Naturalized  citizens  of  either  country,  on  returning  to  that  where 
they  were  born,  shall  be  subject  to  trial  and  punishment  according  to 
the  laws,  for  offences  committed  before  their  emigration,  saving 
always  the  limitations  established  by  law. 

Article  V. 

A declaration  of  intention  to  become  a citizen  shall  not  have  the 
effect  of  naturalization. 

Article  VI. 

The  present  convention  shall  go  into  effect  immediately  on  the 
exchange  of  ratifications,  and  it  shall  remain  in  full  force  for  ten 
years.  If  neither  of  the  contracting  parties  shall  give  notice  to  the 
other  six  months  previously  of  its  intention  to  terminate  the  same,  it 
shall  further  remain  in  force  until  twelve  months  after  either  of 
the  contracting  parties  shall  have  given  notice  to  the  other  of  such 
intention. 

Article  VII. 

The  present  convention  shall  be  ratified  by  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof,  and  by  the  President  of  the  Republic  of*  Ecuador  with  the 
approval  of  the  Congress  of  that  Republic,  and  the  ratifications  shall 
be  exchanged  at  Washington  within  eighteen  months  from  the  date 
hereof. 


436 


TREATIES,  CONVENTIONS,  ETC. 


In  faith  whereof  the  plenipotentiaries  have  signed  and  sealed  this 
convention  at  the  city  of  Washington  this  sixth  day  of  May,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  seventy  two. 

[seal.]  Antonio  Flores, 

[seal.]  Hamilton  Fish. 


1872. 

Extradition  Convention. 

Concluded  June  28,  1872 ; ratification  adcised  hy  the  Senate  January 
6,  1873;  ratifed  by  the  President  January  10,  1873;  ratif cations 
exchanged  November  12,  1873;  proclaimed  December  2It.,  1873. 

Articles. 


I.  Persons  to  be  delivered. 

II.  Extraditable  crimes. 

III.  Political  offenses,  etc. 

IV.  Persons  under  arrest  in  country 

where  found. 


V.  Procedure. 

VI.  Expenses. 

VII.  Duration ; ratification. 


The  United  States  of  America  and  the  Republic  of  Ecuador  having 
deemed  it  conducive  to  the  better  administration  of  justice  and  the 
prevention  of  crime  within  their  respective  territories,  that  all  persons 
convicted  of,  or  accused  of  the  crimes  enumerated  below,  being  fugi- 
tives from  justice,  shall  be,  under  certain  circumstances,  reciprocally 
delivered  up  have  resolved  to  conclude  a Treaty  upon  the  subject,  and 
the  President  of  the  United  States  has  for  this  purpose  named 
Rumsey  Wing,  a citizen  of  the  United  States,  and  their  Minister  Resi- 
dent in  Ecuador,  as  Plenipotentiary  on  the  part  of  the  United  States ; 
and  the  President  of  Ecuador  has  named  Francisco  Tavier  Leon,  Min- 
ister of  the  Interior  and  of  Foreign  Affairs,  as  Plenipotentiary  on  the 
part  of  Ecuador;  who  having  reciprocally  communicated  their  full 
powers,  and  the  same  having  been  found  in  good  and  due  form,  have 
agreed  upon  the  following  articles,  viz : 

Article 

The  Government  of  the  United  States,  and  the  Government  of 
Ecuador  mutually  agree  to  deliver  up  such  persons  as  may  have  been 
convicted  of,  or  may  be  accused  of  the  crimes  set  forth  in  the  follow- 
ing article,  committed  within  the  jurisdiction  of  one  of  the  contract- 
ing parties,  and  who  may  have  sought  refuge,  or  be  found  within  the 
Territory  of  the  other:  it  being  understood  that  this  is  only  to  be 
done  when  the  criminality  shall  be  proved  in  such  manner  that  accord- 
ing to  the  laws  of  the  country,  where  the  fugitive  or  accused  may  be 
found  such  persons  might  be  lawfully  arrested  and  tried,  had  the 
crime  been  committed  within  its  jurisdiction. 

Article  2"*^. 

Persons  convicted  of  or  accused  of  any  of  the  following  crimes  shall 
be  delivered  up,  in  accordance  with  the  provisions  of  this  Treaty. 

lA  Murder,  including  assassination,  parricide,  infanticide  and  poi- 
soning. 


ECUADOR 18’72, 


437 


2°*^.  The  crime  of  rape,  arson,  piracy,  and  mutiny  on  ship-board 
when  the  crew  or  a part  thereof,  by  fraud  or  violence  against  the  com- 
manding officer  have  taken  possession  of  the  vessel. 

3'^'^.  The  crime  of  burglary,  this  being  understood  as  the  act  of 
breaking  or  forcing  an  entrance  into  another’s  house  with  intent  to 
commit  any  crime,  and  the  crime  of  robbery,  this  being  defined  as  the 
act  of  taking  from  the  person  of  another,  goods  or  money  with  crimi- 
nal intent,  using  violence  or  intimidation. 

4‘**.  The  crime  of  forgery:  which  is  understood  to  be  the  wilful 
use  or  circulation  of  forged  papers  or  public  documents. 

The  fabrication  or  circulation  of  counterfeit  money,  either  coin 
or  paper,  of  public  bonds,  bank  bills  and  securities,  and  in  general 
of  any  kind  of  titles  to  or  instruments  of  credit,  the  counterfeiting  of 
stamps,  dies,  seals,  and  marks  of  the  State,  and  of  the  administrative 
authorities,  and  the  sale  or  circulation  thereof. 

Embezzlement  of  public  projDerty,  committed  within  the  juris- 
diction of  either  party  by  public  officers  or  depositaries. 

Article  3'’''. 

The  stipulations  of  this  treaty  shall  not  be  applicable  to  crimes  or 
offences  of  a political  character ; and  the  person  or  persons  delivered 
up  charged  with  the  crimes  specified  in  the  foregoing  article  shall  not 
be  prosecuted  for  any  crime  committed  previously  to  that  for  which 
his  or  their  extradition  may  be  asked. 

Article 

If  the  person  whose  extradition  may  have  been  applied  for  in 
accordance  with  the  stipulations  of  the  present  Treaty,  shall  have 
been  arrested  for  offences  committed  in  the  country  where  he  has 
sought  refuge,  or  if  he  shall  have  been  sentenced  therefor,  his  extra- 
dition may  be  deferred  until  his  acquittal,  or  the  expiration  of  the 
term  for  which  he  shall  have  been  sentenced. 

Article  5‘^. 

Requisitions  for  the  extradition  of  fugitives  from  justice  shall  be 
made  by  the  respective  diplomatic  agents  of  the  contracting  parties, 
or  in  case  of  the  absence  of  these  from  the  country  or  its  capital,  they 
may  be  made  by  superior  Consular  officers.  If  the  person  whose 
extradition  is  asked  for  shall  have  been  convicted  of  a crime,  the 
requisition  must  be  accompanied  by  a copy  of  the  sentence  of  the 
Court  that  has  convicted  him,  authenticated  under  its  seal,  and  an 
attestation  of  the  official  character  of  the  judge  who  has  signed  it, 
made  by  the  proper  executive  authority ; also  by  an  authentication  of 
the  latter  by  the  Minister  or  Consul  of  the  United  States  or  Ecuador 
respectively.  On  the  contrary  however,  when  the  fugitive  is  merely 
charged  with  crime,  a duly  authenticated  copy  of  the  warrant  for 
his  arrest  in  the  country  where  the  crime  has  been  committed,  and 
of  any  evidence  in  writing  upon  which  such  warrent  may  have 
been  issued,  must  accompany  the  aforesaid  requisition.  The  Presi- 
dent of  the  United  States  or  the  proper  executive  authority  of  Ecua- 
dor, may  then  order  the  arrest  of  the  fugitive,  in  order  that  he  may 


438 


TREATIES,  CONVENTIONS,  ETC. 


be  brought  before  the  judicial  authority,  which  is  competent  to  exam- 
ine the  question  of  extradition. 

If,  then,  according  to  the  evidence  and  the  law,  it  be  decided  that 
the  extradition  is  due  in  conformity  with  this  Treaty,  the  fugitive 
shall  be  delivered  up,  according  to  the  forms  prescribed  in  such  cases. 

Article  6‘^. 

The  expenses  of  the  arrest,  detention  and  transportation  of  persons 
claimed,  shall  be  paid  by  the  Government  in  whose  name  the  requisi- 
tion shall  have  been  made. 


Article 

This  treaty  shall  continue  in  force  for  ten  years  (10)  from  the  day 
of  the  exchange  of  ratifications,  but  in  case  neither  party  shall  have 
given  to  the  other  one  year’s  (1)  previous  notice  of  its  intention  to 
terminate  the  same,  then  this  Treatv  shall  continue  in  force  for  ten 
years  (10)  longer,  and  so  on. 

The  present  Treaty  shall  be  ratified,  and  the  ratifications  exchanged 
in  the  Capital  of  Ecuador,  within  two  months  from  the  day  on  which 
the  session  of  the  coming  Congress  of  Ecuador  shall  terminate,  which 
will  be  in  October  1873. 

In  testimony  whereof  the  respective  Plenipotentiaries  have  signed 
the  present  Treaty  in  duplicate,  and  have  hereunto  affixed  their  seals. 

Done  in  the  city  of  Quito,  Capital  of  the  Kepublic  of  Ecuador,  this 
twenty  eight  day  of  June  one  thousand  eight  hundred  and  seventy 
two. 

Rumsey  Wing  [seal.] 

Francisco  Tavter  Leon  [seal.] 


1893. 


Claims  Convention — Julio  R.  Santos. 


Concluded  Fehrum^  28,  1893;  ratifcation  advised  hy  the  Senate 
Septemher  11,  1893;  ratified  hy  the  President  September  16,  1893; 
ratifvations  exchanged  November  6,  1891^;  proclaimed  November 
7, 1891i. 

Articles. 


I.  Claim  to  be  arbiti-ated. 

II.  Selection  of  arbitrator. 

III.  Submission  of  case;  evidence. 

IV.  Award. 


V.  Finality  of  award. 
VI.  Expenses. 

VII.  Ratification. 


The  United  States  of  America,  and  the  Republic  of  Ecuador, 
being  desirous  of  removing  all  questions  of  difference  between  them, 
and  of  maintaining  their  good  relations,  in  a manner  consonant  to 
their  just  interests  and  dignity,  have  decided  to  conclude  a conven- 
tion, and  for  that  purpose  have  named  as  their  respective  Plenipo- 
tentiaries, to  wit: 


ECUADOR 1893. 


439 


The  President  of  the  United  States;  Rowland  Blennerhassett 
Mahany,  Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the 
United  States  to  Ecuador ; and 

The  President  of  Ecuador;  Honorato  Vazquez,  Plenipotentiary 
ad  hoc^  of  that  Republic;  who,  having  communicated  to  each  other 
their  respective  Full  Powers,  found  in  good  and  due  form,  have 
agreed  upon  the  following  articles : 

Article  I. 

The  two  governments  agree  to  refer  to  the  decision  of  an  arbitra- 
tor, to  be  designated  in  the  manner  hereinafter  provided,  the  claim 
presented  by  the  Government  of  the  United  States  against  that  of 
the  Republic  of  Ecuador,  in  behalf  of  Julio  R.  Santos,  a native  of 
Ecuador,  and  naturalized  as  a citizen  of  the  United  States  in  the 
year  1874;  the  said  claim  being  for  injuries  to  his  person  and  prop- 
erty, growing  out  of  his  arrest  and  imprisonment  by  the  authorities 
of  Ecuador,  and  other  acts  of  the  said  authorities  in  the  years  1884 
and  1885. 

Article  II. 

1.  In  order  to  secure  the  services  of  a competent  and  impartial 
arbitrator,  it  is  agreed  that  the  Government  of  Her  Britannic 
Majesty  be  requested  to  authorize  its  diplomatic  representative  in 
Quito,  to  act  in  that  capacity ; or  in  case  of  his  absence  from  the 
country,  that  this  permission  be  given  his  successor. 

2.  In  case  of  the  failure  of  the  diplomatic  representative  of  Her 
Britannic  Majesty’s  Government,  or  of  the  successor  of  the  said 
representative,  to  act  as  such  arbiter,  then  the  said  representative,  or 
his  successor,  be  requested  to  name  an  arbitrator  who  shall  not  be  a 
citizen  either  of  the  United  States  or  of  Ecuador. 

3.  Any  vacancy  in  the  office  of  Arbitrator,  to  be  filled  in  the  same 
manner  as  the  original  appointment. 

Article  III. 

1.  As  soon  as  may  be  after  the  designation  of  the  Arbitrator,  not 
to  exceed  the  period  of  ninety  days,  the  written  or  printed  case  of 
each  of  the  contracting  parties,  accompanied  by  the  documents,  the 
official  correspondence  and  other  evidence  on  which  each  relies,  shall 
be  delivered  to  the  Arbitrator,  and  to  the  agent  of  the  other  party; 
and  within  ninety  days  after  such  delivery  and  exchange  of  the  cases 
of  the  two  parties,  either  party  may,  in  like  manner,  deliver  to  the 
Arbitrator,  and  to  the  agent  of  the  other  side,  a countercase  to  the 
documents  and  evidence  presented  by  the  other  party,  with  such 
written  or  printed  argument  as  may,  by  each,  be  deemed  proper.  And 
each  government  shall  furnish  upon  the  request  of  the  other,  or  its 
agent,  such  papers  in  its  possession  as  may  be  deemed  important  to 
the  just  determination  of  the  claim. 

2.  Within  the  last  named  period  of  ninety  days,  the  Arbitrator  may 
also  call  for  such  evidence  as  he  may  deem  proper,  to  be  furnished 
within  the  same  period;  and  shall  also  receive  such  oral  and  docu- 
mentary evidence  as  each  government  may  offer.  Each  government 


440 


TKEATIES,  CONVENTIONS,  ETC. 


shall  also  furnish,  upon  the  requisition  of  the  Arbitrator,  all  docu- 
ments in  its  possession,  which  may  be  deemed  by  him  as  material  to 
the  just  determination  of  the  claim. 

3.  Within  sixty  days  after  the  last  mentioned  period  of  ninety  days, 
the  Arbitrator  shall  render  his  opinions  and  decisions  in  writing,  and 
certify  the  same  to  the  two  Governments.  These  decisions  and  opin- 
ions shall  embrace  the  following  points,  to-wit : 

{a)  Whether,  according  to  the  evidence  adduced,  Julio  R.  Santos, 
by  his  return  to  and  residence  in  Ecuador,  did  or  did  not,  under  the 
provisions  of  the  Treaty  of  Naturalization  between  the  two  Govern- 
ments, concluded  May  6,  1872,  forfeit  his  United  States  citizenship 
as  to  Ecuador,  and  resume  the  obligations  of  the  latter  country. 

(&)  If  he  did  not  so  forfeit  his  United  States  citizenship,  whether 
or  not  it  was  shown  by  the  evidence  adduced,  that  Julio  R.  Santos  has 
been  guilty  of  such  acts  of  unfriendliness  and  hostility  to  the  Govern- 
ment of  Ecuador,  as,  under  the  Law  of  Nations,  deprived  him  of  the 
consideration  and  protection  due  a neutral  citizen  of  a friendly 
Nation. 

Article  IV. 

1.  In  case  either  one  or  the  other  of  the  points  recited  in  clauses 
{a)  and  (6)  of  the  last  preceding  article,  should  be  decided  in  favor 
of  the  contention  of  the  Government  of  Ecuador,  said  Government 
shall  be  held  to  no  further  responsibility  to  that  of  the  United  States 
for  arrest,  imprisonment,  and  other  acts  of  the  authorities  of  Ecuador 
towards  Julio  R.  Santos,  during  the  years  1884  and  1885. 

2.  On  the  other  hand,  should  the  Arbitrator  decide  the  above  recited 
points  against  the  contention  of  Ecuador,  he  shall,  after  a careful 
examination  of  the  evidence  touching  the  injuries  and  losses  to  the 
person  and  property  of  the  said  Santos,  which  shall  have  been  laid 
before  him  concerning  the  arrest  and  imprisonment  of  said  Santos, 
and  other  acts  of  the  authorities  of  Ecuador  towards  him,  during 
the  years  1884  and  1885,  award  such  damages  for  said  injuries  and 
losses  as  may  be  just  and  equitable;  which  shall  be  certified  to  the 
two  Governments  and  shall  be  final  and  conclusive. 

Article  V. 

1.  Both  Governments  agree  to  treat  the  decisions  of  the  Arbitrator 
and  his  award  as  final  and  conclusive. 

2.  Should  a pecuniary  indemnity  be  awarded,  it  shall  be  specified 
in  the  gold  coin  of  the  United  States,  and  shall  be  paid  to  the  Govern- 
ment thereof  within  sixty  days  after  the  beginning  of  the  first  session 
of  the  Congress  of  Ecuador,  held  subsequent  to  the  rendition  of  the 
award,  and  the  said  award  shall  bear  interest  at  six  per  centum  from 
the  date  of  its  rendition. 

3.  The  Government  of  Ecuador,  however,  reserves  the  right  to  pay, 
before  the  expiration  of  the  above  stated  time,  the  whole  amount  to 
the  Government  of  the  United  States,  with  interest  at  six  per  centum 
from  the  date  of  the  announcement  of  the  award  till  the  date  of  the 
payment  thereof. 


ECUADOR — 1893. 


441 


Article  VI. 

1.  Each  Government  shall  pay  its  own  agent  and  counsel,  if  any, 
for  the  expenses  of  preparing  and  submitting  its  case  to  the  Arbi- 
trator. 

2.  All  other  expenses,  including  reasonable  compensation  to  the 
Secretary,  if  any,  of  the  Arbitrator,  shall  be  paid  upon  the  certificates 
of  the  Arbitrator,  by  the  two  Governments  in  equal  moieties. 

Article  VII. 

The  present  convention  shall  be  ratified  by  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof;  by  the  Congress  of  Ecuador  and  by  the  President  thereof; 
and  the  ratifications  exchanged  at  Washington  as  soon  as  possible. 

In  faith  whereof,  the  Plenipotentiaries  have  signed  and  sealed  this 
Convention  in  duplicate,  in  the  City  of  Quito,  this  twenty  eighth  day 
of  February,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  ninety  three. 

[seal.]  Kowland  Blennerhassett  Mahany 

[seal.]  Honorato  Vazquez 


The  claim  referred  to  in  the  foregoing  treaty  was  duly  submitted 
to  an  arbitrator,  who  awarded  $40,000  in  favor  of  the  claimant. 


EGYPT. 

1884. 

Commercial  Agreement  and  Customs  Regulations. 

Concluded  at  Cairo  November  IG,  1881^;  ratification  advised  by  the 

Senate  March  18, 1885;  ratified  by  the  President  May  7, 1885;  pro- 
claimed May  7,  1885. 

The  Undersigned,  N.  D.  Comanos,  Vice-Consul-General  of  the 
United  States  of  America  in  Egypt,  and  His  Excellency  Nubar 
Pasha,  President  of  the  Council  of  Ministers,  Minister  of  Foreign 
Affairs  and  of  Justice  of  the  Government  of  His  Highness  the  Khe- 
dive of  Egypt,  duly  authorized  by  their  respective  Governments,  have 
held  a conference  this  day  on  the  subject  of  a Commercial  Convention 
to  be  concluded  between  the  Egyptian  Government  and  the  Foreign 
Powers,  and  have  agreed  to  the  following: 

The  Government  of  the  United  States  of  America  consents  that  the 
Regulations  of  the  Egyptian  customs  applicable,  in  virtue  of  a Com- 
mercial and  Customs  Convention  concluded  on  the  3rd  of  March, 
1884,  between  the  Hellenic  Government  and  the  Egyptian  Govern- 
ment to  the  Hellenic  subjects,  vessels,  commerce  and  navigation,  may 
also  be  applied  to  the  citizens  of  the  United  States,  vessels,  com- 
merce and  navigation. 

Every  right,  privilege  or  immunity  that  the  Egyptian  Government 
now  grants,  or  that  it  may  grant  in  future,  to  the  subjects  or  citizens, 
vessels,  commerce  and  navigation  of  whatsoever  other  foreign  power, 
shall  be  granted  to  citizens  of  the  United  States,  vessels,  commerce 
and  navigation,  who  shall  have  the  right  to  enjoy  the  same. 

The  present  agreement  shall  become  operative  immediately  upon 
the  consent  of  the  Senate  of  the  United  States  being  given  to  the 
same. 

In  testimony  whereof,  the  undersigned  have  signed  the  present  act 
and  have  affixed  their  seals. 

Done  in  Cairo,  the  sixteenth  day  of  November  Eighteen  hundred 
and  eighty-four. 

N.  D.  Comanos.  [seal.] 

N.  Nubar.  [seal.] 

A CONVENTION  RELATIVE  TO  COMMERCE  AND  CUSTOMS. 

Articles. 


I.  Most  favored  nation  clause. 

II.  Prohibitions. 

III.  Importations  Into  Egypt. 

IV.  Egyptian  customs  duties. 

V.  Goods  excluded. 

VI.  Firearms. 

VII.  Reexportations. 

VIII.  Drawbacks  on  reexported  goods. 

IX.  Egyptian  export  duties. 

442 


X.  Effects  of  consular  officers. 

XI.  Shipping  regulations. 

XII.  Customs  declarations. 

XIII.  Customs  officials. 

XIV.  Fines  and  confiscations. 

XV.  Administrative  regulations. 

XVI.  Duration. 

Additional  article. — Taking  effect  of 
modified  tariff. 


EGYPT — 1884. 


443 


]_The  following  is  a translation  of  the  printed  official  French  version  of  the  Cotv- 

vention  heteween  the  Hellenic  Government  and  the  Egyptian  Government  con- 
cluded March  S,  I88J1,  the  provisions  of  which  have  been  made  applicable  to 

the  United  States  by  the  foregoing  Agreement.] 

A CONVENTION  RELATIVE  TO  COMMERCE  AND 

CUSTOMS. 

His  Excellency  Nubar  Pasha,  President  of  the  Council  of  Ministers, 
Minister  of  Foreign  Affairs  of  His  Highness  the  Khedive,  and  Mr. 
Anasthasius  Byzantios,  Diplomatic  Agent  and  Consul-General  of 
Greece,  having  been  duly  authorized  by  their  respective  Governments, 
have  agreed  upon  the  following: 

Article  I. 

Greek  commerce  in  Egypt  and  Egyptian  commerce  in  Greece  shall 
be  treated,  as  regards  customs  duties,  both  when  goods  are  imported 
and  exported,  as  the  commerce  of  the  most  favored  nation. 

Article  II. 

No  prohibitory  measure  shall  be  adopted  in  respect  to  the  reciprocal 
import  or  export  trade  of  the  two  countries,  without  being  likewise 
extended  to  all  other  nations.  It  is  nevertheless  understood  that  this 
restriction  shall  not  apply  to  such  special  measures  as  may  be  adopted 
by  either  country  for  the  purpose  of  protecting  itself  against  epizooty, 
phylloxera  or  any  other  scourge. 

Article  III. 

The  Egyptian  Government  pledges  itself,  with  the  exceptions  men- 
tioned in  article  VI.  hereinafter,  not  to  prohibit  the  importation  into 
Egypt  of  any  article,  the  product  of  the  soil  and  industry  of  Greece, 
from  whatever  place  such  article  may  come. 

Article  IV, 

The  duties  to  be  levied  in  Egypt  on  the  productions  of  the  soil  and 
industry  of  Greece,  from  whatever  place  they  may  come,  shall  be  regu- 
lated by  a tariff  which  shall  be  prepared  by  commissioners  appointed 
for  this  purpose  by  the  two  Governments. 

A fixed  duty  of  8 per  cent,  ad  valorem  shall  be  taken  as  the  basis  of 
this  tariff,  the  said  duty  to  be  computed  on  the  price  of  the  goods  in 
the  port  of  discharge;  the  Egyptian  Government,  however,  reserves 
the  privilege  of  raising  the  duties  on  distilled  beverages,  wines  and 
fancy  articks ; but  these  duties  shall,  in  no  case,  exceed  the  rate  of  16 
per  cent,  ad  valorem. 

The  Egyptian  Government  likewise  reserves  the  right  to  reduce  the 
duties  on  articles  of  prime  necessity  that  are  imported  into  Egypt,  to 
5 per  cent.,  and  even  to  abolish  them  entirely. 

Customs  duties  shall  be  collected  without  prejudice  to  the  penalties 
provided,  in  cases  of  fraud  and  smuggling,  by  the  regulations. 


444  TREATIES,  CONVENTIONS,  ETC. 

Article  V. 

Tobacco,  in  all  its  forms,  and  tombac,  together  with  salt,  natron, 
hashish  and  saltpeter  are  excluded  from  the  stipulations  of  this  con- 
vention. 

The  Egyptian  Government  retains  an  absolute  right  in  respect  to 
these  articles,  the  regime  of  which  shall  be  applicable  to  Greek  sub- 
jects on  the  same  terms  as  to  its  own  subjects. 

The  Egyptian  Government  may  institute,  in  warehouses  or  dwell- 
ings, any  immediate  search  that  it  may  deem  necessary.  A duplicate 
of  the  order  of  search  shall  be  sent  to  the  Greek  consular  officer,  who 
may  repair  to  the  spot  at  once,  if  he  think  proper,  although  that 
formality  shall  not  delay  the  search. 

xVeticle  VI. 

By  way  of  exception  to  the  stipulations  of  article  III.,  the  importa- 
tion into  Egypt  of  arms  used  in  war  (including  fire-arms  and  side- 
arms)  and  munitions  of  war  shall  not  be  permitted. 

The  above  restriction  does  not  apply  to  weapons  used  in  hunting  or 
for  ornament  or  amusement,  nor  does  it  apply  to  gunpowder  used  in 
hunting;  the  importation  of  these  articles  shall  form  the  subject  of 
special  regulations  to  be  adopted  by  the  Egyptian  Government. 

Article  VII. 

Goods  imported  into  Egypt  and  re-exported  within  a period  not  ex- 
ceeding six  months,  shall  be  considered  as  goods  in  transit,  and  shall 
pay,  as  such,  only  a transit  duty  of  one  per  cent.,  computed  on  their 
value  in  the  port  of  discharge.  After  such  period  of  six  months,  they 
shall  be  subject  to  the  full  import  duty. 

If  the  re-exportation  takes  place  from  the  port  of  discharge,  after  a 
simple  transshipment,  or  after  the  goods  have  been  discharged  and 
kept  on  land,  under  surveillance,  as  provided  by  the  customs  regula- 
tions, for  a period  not  exceeding  one  month,  such  goods  shall  be  liable 
to  no  duty ; but  the  transit  duty  shall  be  payable,  if,  after  having  been 
discharged  and  temporarily  deposited,  either  in  the  warehouses  of  the 
custom-house,  or  in  private  warehouses,  whether  floating  or  not,  the 
goods  are  reexported,  after  having  been  the  object  of  a commercial 
operation. 

Article  VIII. 

If  goods,  after  the  import  duty  has  been  levied  upon  them  in  Egypt, 
are  sent  to  other  countries  before  the  expiration  of  the  term  of  six 
months  from  the  day  of  their  discharge,  they  shall  be  treated  as  goods 
in  transit,  and  the  Egyptian  custom-house  shall  return  to  the  exporter 
the  difference  between  the  duty  paid  and  the  transit  duty  mentioned 
in  article  VII. 

In  order  to  obtain  the  drawback,  the  exporter  must  furnish  proof 
that  the  import  duty  has  been  paid  on  the  re-exported  goods. 

Article  IX. 

The  productions  of  the  soil  and  industry  of  Egypt  when  sent  to 
Greece,  shall  pay  an  export  duty  of  one  per  cent,  ad  valorem,  com- 
puted on  the  value  of  the  goods  in  the  port  of  exportation. 


EGYPT — 1884. 


445 


For  greater  facility,  these  productions  shall,  as  far  as  possible,  be 
periodically  taritfed,  by  mutual  agreement,  by  the  representatives  of 
the  merchants  engaged  in  the  export  trade  and  the  Egyptian  customs 
authorities. 

Article  X. 

Articles  and  personal  effects  belonging  to  Consuls-General  and  Con- 
suls not  engaged  in  other  than  consular  business,  not  performing  other 
duties,  not  engaged  in  commercial  or  manufacturing  business,  and  not 
owning  or  controlling  real  estate  in  Egypt,  shall  be  exempt  from  any 
examination,  both  when  imported  and  exjiorted,  and  likewise  from 
the  payment  of  duties. 

Article  XI. 

Within  thirty-six  hours  at  most  after  the  arrival  of  a vessel  in  an 
Egj'ptian  roadstead  or  port,  the  captain  or  the  agent  of  the  owners 
shall  deposit  at  the  custom-house  two  copies  of  the  manifest  of  cargo, 
certified  by  him  to  agree  with  the  original.  In  like  manner,  cap- 
tains shall,  before  their  departure  from  an  Egyptian  port,  present  at 
the  custom-house  a copy  of  the  manifest  of  the  goods  on  board  of  their 
vessels.  The  original  manifest,  either  on  arrival  or  departure,  shall 
be  presented  at  the  same  time  with  the  copies,  in  order  to  be  com- 
pared with  them. 

If  a A^essel  stops  in  an  Egyptian  port  for  a reason  that  appears  sus- 
picious to  the  custom-house,  the  latter  may  require  the  presentation  of 
the  manifest,  and  may  immediately  make  any  search  that  it  may  deem 
necessary ; the  order  of  search  shall,  in  that  case,  be  addressed  to  the 
Greek  consular  officer,  as  provided  in  article  V. 

Any  surplus  or  deficit  that  may  be  shown  by  the  comparison  of  the 
manifest  with  the  cargo  shall  furnish  ground  for  the  imposition  of 
the  fines  provided  for  by  the  customs  regulations  w’hich  shall  be  issued 
by  the  Egyptian  Government. 

Article  XII. 

Any  custom-house  operation  in  Egypt,  either  on  arrival  or  de- 
parture, must  be  preceded  by  a declaration  signed  by  the  owner  of 
the  goods  or  his  representative. 

The  custom-house  may,  moreover,  in  case  of  dispute,  require  the 
presentation  of  all  the  documents  that  are  to  accompany  any  ship- 
ment of  goods,  such  as  invoices,  letters,  etc. 

Any  refusal  to  make  the  declaration  on  arrival  or  departure,  any 
delay  in  making  the  said  declaration,  or  any  excess  or  deficiency  found 
to  exist  between  the  goods  and  the  declaration  shall  furnish  ground 
for  the  imposition  of  the  fines  provided  for  by  the  Egyptian  custom- 
house regulations,  in  each  of  the  cases  specified. 

Article  XIII. 

The  custom-house  officers,  the  officers  of  the  A^essels  belonging  to  the 
Egyptian  postal-service,  and  the  officers  of  national  vessels,  may  board 
any  sailing  or  steam-vessel  of  less  than  two  hundred  tons’  burden,  be 


446 


TREATIES,  CONVENTIONS,  ETC. 


that  vessel  at  anchor  or  tacking,  at  a distance  not  exceeding  ten  kilo- 
meters from  the  shore,  without  furnishing  evidence  of  vis  major, 
they  may  ascertain  the  nature  of  the  cargo,  seize  any  prohibited  goods, 
and  secure  evidence  of  anv  other  infraction  of  the  customs  regula- 
tions. 

Article  XIV. 

Any  illicit  importation  of  goods  shall  furnish  ground  for  the  con- 
fiscations and  fines  provided  for  by  the  Egyptian  customs  regulations. 

Decisions  ordering  confiscations  and  fines  shall  be,  communicated, 
within  the  period  fixed  by  law,  to  the  Greek  consular  officer. 

Article  XV. 

It  is  understood  that  this  convention  can  in  no  wise  impair  the 
administrative  rights  of  the  two  contracting  Governments,  and  that 
they  may  enforce  any  regulations  calculated  to  promote  the  efficiency 
of  the  service  and  the  repression  of  fraud. 

Article  XVI. 

The  present  convention  shall  be  operative  for  seven  years  from  the 
twentieth  day  of  March,  one  thousand  eight  hundred  and  eighty-four. 

At  the  expiration  of  that  period,  the  present  convention  shall 
remain  in  force  during  the  year  following,  and  so  on  from  year  to 
year,  until  one  of  the  contracting  parties  shall  notify  the  other  of  its 
desire  for  the  cessation  of  its  effects,  or  until  the  conclusion  of  another 
convention. 

Additional  Article. 

The  effect  of  the  modifications  in  the  present  tariff  which  are  pro- 
Auded  for  in  article  IV.,  shall  be  suspended  until  those  modifications 
have  been  adopted  by  the  other  powers  interested. 

In  testimony  wheerof,  the  undersigned  have  signed  the  present  con- 
vention. 

Done  in  duplicate  at  Cairo  this  third  day  of  March,  one  thousand 
eight  hundred  and  eighty-four. 

X.  XlJBAR. 

An.  Byzantios. 

[Translation  of  a printed  official  French  version  of  the  customs  regulations 
of  Egypt,  of  April  2,  1884.] 

[Office  of  the  director-general  of  Egyptian  custom-houses.] 

CUSTOMS  REGULATIONS. 

Title  I. 

general  provisions. 

Article  I. 

Customs  Boundary. 

The  shore  of  the  sea,  and  the  frontiers  touching  the  territories  of 
the  neighboring  States,  shall  form  the  customs  boundary. 


EGYPT — ^1884. 


447 


Article  II. 

Zone  of  Surveillance. 

The  warehousing  and  transportation  of  goods  which  have  crossed 
the  customs  line  shall  be  subject  to  the  surveillance  of  the  custom- 
house officers  to  a distance  of  two  kilometers  from  the  land  frontier  or 
from  the  sea  shore,  and  likewise  from  both  banks  of  the  Suez  Canal 
and  of  the  lakes  through  which  that  canal  passes. 

Outside  of  these  limits,  the  transportation  of  goods  may  take  place 
freely;  nevertheless,  goods  removed  fraudulently,  and  kept  in  sight 
by  agents  of  the  public  force,  may  be  seized  even  after  they  have  been 
conveyed  beyond  the  zone  of  surveillance. 

The  following  goods  may  likewise  be  seized  throughout  the  extent 
of  the  Egyptian  territory : prohibited  goods,  those  whose  sale  is 
monopolized  by  the  State,  and  tobacco  or  tombac  not  accompanied 
by  a raftieh  for  circulation  in  the  interior. 

For  vessels,  the  zone  of  surveillance  shall  extend  to  a distance  of  ten 
kilometers  from  the  shore.  Caravans  crossing  the  desert,  and  sus- 
pected of  carrying  on  illicit  trade,  shall  be  subjected  to  examination 
and  search  by  the  custom-house  officers. 

Article  III. 

Passage  across  the  customs  boundary. 

Goods  cannot  cross  the  customs  boundary  during  the  night,  that  is 
to  say  between  the  setting  and  rising  of  the  sun. 

Throughout  the  extent  of  the  maritime  coast-line,  it  shall  be  allow- 
able to  enter  ports  and  to  come  near  the  shore  during  the  night,  in 
localities  where  there  are  custom-houses,  but  no  discharge,  transship- 
ment or  shipment  shall  be  made  without  a special  authorization,  in 
writing,  from  the  Collector  of  Customs. 

Article  IV. 

No  shipment,  discharge  or  transshipment  of  goods  shall  take  place 
without  the  previous  authorization  of  the  custom-house,  or  when  no 
custom-house  officers  are  present. 

Any  shipment,  discharge  or  transshipment  shall  take  place  at  the 
points  specially  set  apart  for  that  purpose  by  the  customs  authorities. 

Captains  are  forbidden  to  receive  new  goods  on  board  of  their  ves- 
sels, before  having  fully  complied  with  the  customs  formalities  rela- 
tive to  goods  brought,  unless  they  have  received,  in  writing,  the 
authorization  of  the  Collector  of  Customs. 

The  latter  may  permit,  by  way  of  exception,  the  discharge  or  trans- 
shipment of  goods  to  take  place  in  the  absence  of  the  custom-house 
officers. 

In  this  case,  he  shall  mention  the  fact  in  a note  on  the  copy  of  the 
manifest. 

Article  V. 

Of  the  permit  to  sail,  otherwise  known  as  the  Tamhin. 

Captains,  before  their  departure,  must  present  at  the  custom-house 
the  manifest  of  the  goods  on  board  of  their  vessels.  Not  until  after 
this  requirement  has  been  complied  with  shall  the  custom-house 
authorize  the  port  authorities  to  issue  the  tamkin. 


448 


TREATIES,  CONVENTIONS,  ETC. 


The  custom-house  shall  be  at  liberty  to  cause  a tamhin  to  be  issued, 
even  before  the  presentation  of  the  manifest,  to  vessels  represented  by 
an  agent  in  the  port  of  departure,  provided  that  such  agent  has 
deposited  at  the  custom-house  a written  pledge  to  comply  with  this 
requirement  within  three  days. 

Steam  navigation  companies  may,  with  a view  to  enjoying  this 
privilege,  become  responsible,  once  for  all  and  by  means  of  a notarial 
instrument,  for  any  infractions  that  may  be  committed  by  captains 
having  charge  of  their  vessels. 

Article  VI. 

Declarations. 

All  custom-house  operations  must  be  preceded  by  a declaration 
signed  by  the  owner  of  the  goods  or  his  representative. 

The  custom-house  shall  consider  the  person  holding  the  transporta- 
tion company’s  order  of  delivery  as  the  legitimate  representative  of 
the  owner.  (See  Articles  XIX.  and  XX.) 

Article  VII. 

Search. 

As  soon  as  the  declaration  has  been  presented  at  the  custom-house, 
the  goods  shall  be  examined.  The  custom-house  shall  have  the  right 
to  examine  all  packages,  but  the  Collector  may,  according  to  circum- 
stances, if  he  think  proper,  exempt  from  examination  those  packages 
whose  declared  contents  may  not  appear  to  him  to  be  proper  sub- 
jects for  examination. 

Less  than  one  package  in  ten  shall  not  be  examined. 

If,  after  one  examination,  and  even  after  the  payment  of  the  duties, 
any  further  examinations  are  deemed  necessary,  the  custom-house 
shall  always  have  the  right  to  order  them  to  be  held. 

The  packages  shall  be  opened  for  examination  by  the  superior  offi- 
cers of  the  custom-house,  in  presence  of  the  interested  parties;  the 
operation  shall  take  place  either  in  the  warehouses  of  the  custom- 
house, or  in  its  offices. 

In  case  of  suspicion  of  fraud,  the  custom-house  shall,  even  in  the 
absence  of  the  interested  party,  proceed  to  open  the  packages,  draw- 
ing up  a report  thereof. 

Goods  not  warehoused,  either  on  account  of  their  dimensions  or  of 
their  cumbersome  character,  may  be  examined  outside. 

Bags,  letters  and  printed  documents  brought  by  the  mails,  either 
by  land  or  sea,  shall  be  exempt  from  examination,  provided  they  are 
entered  upon  a regular  way-bill. 

On  the  other  hand,  all  postal  packages  shall  be  subjected  to  ex- 
amination ; when  there  is  no  suspicion  of  fraud,  this  examination 
shall  be  merely  a summary  one,  and  shall  be  necessary  only  in  the  case 
of  a certain  number  of  packages  to  be  designated  by  the  Collector  of 
Customs. 


EGYPT — 1884. 


449 


* Article  VIII. 

Duties  to  he  collected^  'privilege^  and  security  of  the  Treasury. 

Import,  export  and  transit  duties  shall  be  collected  in  accordance 
■with  existing  treaties  and  conventions. 

Charges,  moreover,  shall  be  made  for  storage,  warehousing,  and 
porterage ; for  wharfage,  cranes,  locks,  tamkins,  sealing  of  packages, 
raftiehs,  keshfs,  declarations,  measuring,  etc.,  according  to  special 
regulations. 

Payment  of  duties  shall  be  made  in  cash,  in  gold  or  silver  coin 
according  to  the  tariff  of  the  Government. 

No  goods  shall  be  delivered  until  the  duties  to  which  they  are  liable 
shall  have  been  duly  paid. 

Goods  received  at  the  custom-house,  no  matter  what  is  their  desti- 
nation, shall  serve  as  security  to  the  customs  authorities,  by  way  of 
privilege,  for  the  payment  of  the  duties,  charges  and  fines  of  all 
kinds,  due  from  the  person  to  whom  the  goods  are  addressed,  on 
account  of  those  goods  or  other  arrivals. 

Article  IX. 

Exemption  from  Duties. 

The  following  articles  shall  be  exempt  from  examination  and  from 
the  payment  of  import  and  export  duties: 

1.  Articles  and  personal  effects  belonging  to  His  Highness  the 
Khedive. 

2.  Articles  and  personal  effects  belonging  to  Consuls-General  and 
Consuls  not  engaged  in  other  than  consular  business. 

Effects  and  articles  belonging  to  religious  establishments  of  the 
various  religious  denominations,  to  convents,  and  charitable  or  edu- 
cational institutions,  shall  be  exempt  from  import  and  export  duties, 
but  shall  be  subject  to  search  and  examination. 

These  establishments  shall,  at  the  beginning  of  each  year,  send  to 
the  custom-house,  through  their  own,  or  some  other  consular  officer, 
a list  containing  an  approximate  statement  of  the  articles  which 
they  intend  to  import  in  the  course  of  the  year,  and  of  the  value  of 
those  articles. 

The  exemption  shall  be  suspended  until  the  following  year  when 
the  total  value  stated  in  that  list  shall  have  been  reached. 

This  exemption  is  an  act  of  pure  favor  on  the  part  of  the  Egyptian 
Government;  it  may  be  refused  if  the  custom-house  finds  that  it  is 
abused. 

The  following  articles  shall  likewise  be  exempt  from  import  and 
export  duties,  but  shall  be  subject  to  examination  and  search: 

1.  Effects,  household  furniture,  books  and  other  articles  for  pri- 
vate use,  belonging  to  persons  who  come  to  settle  for  the  first  time  in 
the  country.  These  articles  shall,  however,  bear  marks  of  having  been 
used,  under  penalty  of  being  subjected  to  the  payment  of  the  duties 
required  by  the  regulations.  In  cases  of  dispute,  experts  shall  decide. 

2.  Personal  effects  brought  by  travelers  and  intended  for  their  use. 

24449 — ^VOL  1 — 10 29 


450- 


TKEATIES,  CONVENTIONS,  ETC. 


3.  Samples,  when  not  of  a nature  to  be  sold  as  merchandise. 

4.  Samples  of  the  productions  of  the  soil  of  Egypt  whose  value 
does  not  exceed  one  hundred  piasters. 

5.  Specie  (gold  or  silver). 

6.  Gold  or  silver  in  bars. 

7.  Merchandise  belonging  to  the  Departments  of  the  Government 
and  to  private  citizens,  which  are  exempt  from  the  payment  of  duties, 
either  in  virtue  of  special  orders  or  of  conventions. 

8.  Articles  to  be  used  as  provisions  by  vessels  of  war  belonging  to 
friendly  powers,  and  also  provisions  and  munitions  intended  for  the 
use  of  merchant  vessels  and  their  crews. 

All  applications  for  free  importation  or  exportation  must  be  ad- 
dressed to  the  custom-house  and  the  following  particulars  must  be 
stated : 1.  The  nature  of  the  articles.  2.  Their  value.  3.  Their  marks 
and  numbers.  4.  The  name  of  the  vessel  which  has  imported  or 
which  is  to  export  them. 

The  granting  of  exemption  from  duty  shall  be  subordinate  to  the 
condition  that  the  name  of  the  party  for  whom  the  goods  are  in- 
tended be  mentioned  in  the.  bill  of  lading  as  the  consignee;  if  the 
name  of  a third  party  is  mentioned  as  such,  or  if  the  goods  are  siniply 
consigned  to  order,  the  custom-house  cannot  grant  the  exemption. 

An  application  for  exemption  must  be  signed  by  the  party  for 
whom  the  goods  are  intended,  or  by  the  sender  if  exemption  from  the 
payment  of  export  duties  is  ajiplied  for. 

Article  X. 

Goods  taken  from  wrecked  vessels. 

Goods  from  wrecked  vessels  shall  be  subjected  to  no  duty  if  they 
are  not  intended  for  an  Egyptian  port,  and  they  may  be  re-exported 
without  payment  of  duties  as  soon  as  the  formalities  concerning  the 
wreck  have  been  complied  with. 

Article  XI. 

Permits  to  leave  the  custom-house  and  keshfs. 

After  the  custom-house  formalities  have  been  complied  with  and 
the  duties  paid,  a permit  to  leave  the  custom-house  shall  be  delivered 
to  the  broker  who  is  to  remove  the  goods  from  the  custom-house. 

At  the  request  of  the  importer,  and  on  presentation  of  the  receipt 
of  the  cashier  of  the  custom-house,  an  accurate  list,  or  keshf,  of  the 
goods  on  which  duty  has  been  paid,  shall  be  delivered  to  the  inter- 
ested party. 

The  presentation  of  the  keshf  shall  be  indispensable  for  the  free 
exportation  of  goods  of  foreign  origin,  and  for  the  establishment  of 
the  right  to  the  restitution  of  the  difference  between  the  import  and 
the  transit  duties,  if  the  re-exportation  takes  place  within  six  months 
from  the  date  of  the  removal  of  the  goods,  which  date  will  be  shown 
by  the  keshf. 

The  custom-house  shall  deliver  no  keshf  for  goods  of  a perishable 
character. 

A keshf  shall  be  delivered  but  once,  and  in  case  of  its  loss,  it  cannot 
be  replaced. 


EGYPT — 1884. 


451 


Article  XII. 

Importation  of  productions  of  Egyptian  origin  and  exportation  of 
productions  of  foreign  origin. 

If  a production  of  the  country,  after  having  been  exported  to  a 
foreign  country,  is  brought  back  to  Egj'pt,  it  shall  be  liable  to  the 
payment  of  the  import  duty,  established  on  foreign  productions. 

In  like  manner,  if  a production  of  foreign  origin  be  re-exported,  it 
shall  be  subject  to  the  export  duty  which  is  established  on  productions 
of  the  country,  unless  it  be  accompanied  by  a keshf  clearly  establish- 
ing its  identity  and  the  date  when  the  import  duty  on  it  was  paid;  in 
the  latter  case,  it  shall  be  exported  duty-free. 

If  such  exportation  takes  place  within  less  than  six  months,  the 
restitution  of  the  difference  between  the  import  duty  and  the  transit 
duty  may  be  claimed.  In  either  case,  however,  the  presentation  of  the 
keshf  shall  be  indispensable,  as  provided  in  article  XI. 

Article  XIII. 

Removal  of  Goods  from  the  Custom-House  and  Authorized  Custom- 

House  Brokers. 

Goods  may  be  removed  from  the  custom-house  after  the  formalities 
have  been  complied  with  by  the  party  holding  an  order  for  their  de- 
livery, issued  by  the  captain  or  consignee  of  the  vessel,  or  by  the 
navigation  company. 

Nevertheless,  professional  custom-house  brokers  shall  not  be  al- 
lowed to  remove  goods  arriving  for  the  account  of  third  parties,  unless 
they  fulfill  the  following  conditions: 

1.  No  custom-house  broker  shall  carry  on  his  business  without  hav- 
ing been  authorized  to  do  so  by  the  custom-house  authorities. 

2.  An  application  for  authorization  shall  be  made  in  writing,  and 
shall  be  accompanied  by  a certificate  attesting  the  good  character  of 
the  applicant,  the  said  certificate  to  be  signed  by  two  prominent  mer- 
chants of  well  known  respectability. 

3.  If  the  certificate  is  deemed  sufficient,  the  authorization  sjiall  be 
granted,  and  a card  of  admission  shall  be  delivered  to  the  applicant. 

4.  If  the  recommendation  is  deemed  insufficient,  the  customs 
authorities  may  require  the  candidate  to  deposit  from  2,000  to  10,000 
piasters,  or  to  furnish  security  given  by  two  merchants  whose  names 
are  acceptable  to  the  authorities. 

5.  The  deposit  or  security  shall  guaranty  to  the  customs  authorities 
the  payment  of  any  fines  that  may  be  imposed  upon  the  broker  by 
reasons  of  infractions  of  which  he  may  be  found  guilty. 

6.  Any  custom-house  broker  may  be  suspended  from  his  functions 
by  the  Director  General  of  custom-houses,  for  a determined  period, 
according  to  the  gravity  of  the  offence  or  irregularity  committed,  and 
that  without  prejudice  to  the  payment  of  the  penalties  incurred.  For 
the  first  time,  the  penalty  shall  not  exceed  six  months.  It  may  be  for 
one  year  if  the  offence  is  repeated.  The  interested  party  shall  be 
notified,  in  writing,  of  such  punitory  measure,  and  the  notice  sent  him 
shall  contain  a statement  of  the  reasons  for  the  adoption  of  such 
measure. 


452 


TREATIES,  CONVENTIONS,  ETC. 


T.  Persons  iiermaneiitly  einpIo3^ed  b\'  third  jiarties  shall  be  liable  to 
the  same  fines  and  penalties  as  professional  custom-house  brokers. 

Title  II. 

IMPORTATION  AND  'I’RANSPOKTATION  OF  GOODS  FROM  ONE  CUSTOM-HOUSE 

TO  ANOTHER. 

Article  XIV. 

Presentation  of  goods  at  Frontier  C ustom-Houses. 

Goods  to  be  imported  by  land  must  be  presented  at  the  custom- 
house nearest  to  the  frontier. 

If  the  custom-house  is  inside  of  the  line,  the  goods  must  come  by 
the  usual  route,  without  any  deviation. 

If  the  nearest  custom-house  cannot  receive  them,  they  shall  be 
taken  to  the  nearest  custom-house  that  can  receive  them,  but  the 
parties  having  them  in  charge  shall  provide  themselves,  at  the  first 
custom-house,  with  a certificate  stating  that  the}^  have  presented 
themselves  there,  and  have  subjected  their  goods  to  a summary 
examination. 

If  the  nearest  custom-house  is  not  more  than  ten  kilometers  distant, 
the  goods  shall  be  escorted  by  custom-house  officers. 

Article  XV. 

Manifest  of  Cargo. 

In  thirty-six  hours  after  the  arrival  of  a vessel  in  an  Egyptian 
roadstead  or  port,  the  captain  or  agent  of  the  owners  shall  deposit 
at  the  custom-house  two  copies  of  the  manifest  of  cargo,  certified  by 
him  to  agree  with  the  original.  The  original  manifest  must  be  pre- 
sented at  the  same  time,  in  order  that  it  may  be  compared  with  the 
copies. 

The  presentation  of  the  manifest  may  be  required,  no  matter  what 
be  the  reason  of  the  vessel’s  putting  into  port,  and  no  matter  how 
long  she  may  remain  there. 

If  the  vessel  is  from  an  Egyptian  port,  the  manifest  of  cargo  must 
be  accompanied  by  the  clearance  from  that  port,  unless  the  vessel  has 
been  exempted  from  procuring  that  document  according  to  Article  V. 

If  the  Collector  of  Customs  doubts  the  agreement  of  the  statements 
made  in  the  manifest  with  the  cargo,  the  captain  must  give  all  the  ex- 
planations and  produce  all  the  papers  that  may  be  deemed  necessary. 

The  storekeeper  of  the  custom-house,  after  the  discharge  of  the 
goods  destined  for  the  port  of  arrival,  shall  receipt  therefor  on  the 
copy  of  the  manifest.  This  copy  shall  afterwards  be  delivered  to  the 
interested  partjv 

If  the  entire  cargo  is  intended  for  another  port,  the  custom-house 
shall  simply  place  its  vise  on  the  copy  of  the  manifest. 

Vessels  whose  cargo  is  intended  for  another  port,  or  which  arrive  in 
ballast,  shall  not  remain  in  the  port  of  arrival,  except  for  some  reason 


EGYPT — 1884. 


453 


over  which  they  have  no  control,  for  more  than  three  weeks.  During 
their  entire  stay  they  shall  be  under  the  surveillance  of  the  custom- 
house. 

If  these  vessels  desire  to  prolong  their  stay  in  the  port  on  account  of 
repairs,  damages,  adverse  winds,  lack  of  freight,  etc.,  they  shall  not  be 
allowed  to  do  so  unless  by  special  authorization  from  the  custom- 
house. Such  authorization  shall  not  be  granted  unless  the  reasons 
stated  appear  to  be  valid. 

In  default  of  authorization,  the  vessel  must  leave  the  port  without 
delay,  and  before  its  departure  it  shall  be  subject  to  search  by  the 
custom-house  officers. 

If  a vessel  stops  in  a port  for  a reason  that  appears  suspicious  to 
the  custom-house,  the  latter  may  require  the  immediate  presentation 
of  the  manifest,  and  may  make  any  search  that  it  may  think  proper. 

Ajrticle  XVT. 

Manifest  of  Importation. 

In  the  manifest  the  following  particulars  must  be  stated : 

The  name  of  the  vessel. 

The  port  whence  she  hails  and  those  where  she  has  called  during 
her  voyage. 

A succinct  statement  of  the  various  kinds  of  goods  of  which  the 
cargo  is  composed. 

The  number  and  nature  of  the  packages. 

Their  marks  and  numbers. 

The  total  number  of  packages  must  be  repeated  in  full. 

The  manifest  and  the  two  copies  must  be  written  without  correc- 
tions, erasures  or  alterations. 

In  case  any  of  the  above  requirements  has  not  been  complied  with, 
the  manifest  shall  be  returned  and  considered  as  not  having  been 
presented. 

Article  XVII. 

Discharge  of  Cargo. 

A custom-house  officer  shall  mark  on  one  of  the  copies  of  the  mani- 
fest, in  presence  of  the  captain  of  the  vessel  or  his  representative,  the 
packages  and  goods  discharged. 

Goods  shall  be  taken  to  the  custom-house  for  examination  and 
registry. 

That  portion  of  the  cargo  which  is  to  be  conveyed  to  another  desti- 
nation shall  remain  on  board,  and  its  departure  shall  be  legitimized 
when  the  vessel  sails,  by  means  of  a permit  issued  by  the  custom-house 
to  the  captain. 

The  custom-house  shall  have  the  right  to  place  guards  on  board  of 
any  vessel,  and  to  take  such  measures  as  it  may  think  proper  for  the 
prevention  of  any  unauthorized  shipment,  discharge  or  transshipment. 

If  the  quantity  of  goods  or  the  number  of  packages  discharged  is 
less  than  the  quantity  or  number  stated  in  the  manifest,  the  captain 
or  his  representative  shall  be  required  to  furnish  a satisfactory 


454 


TREATIES,  CONVENTIONS,  ETC, 


explanation  of  the  discrepancy.  If  the  missing  goods  or  packages 
have  not  been  shipped,  if  they  have  not  been  discharged,  or  if  they 
have  been  discharged  at  a place  other  than  that  of  their  original 
destination,  this  must  be  shown  by  means  of  authentic  documents 
establishing  the  fact. 

If  the  goods  or  packages  mentioned  in  the  manifest  are  not  found, 
and  if  their  value  is  claimed  by  the  shipper  or  the  party  to  whom 
they  were  sent,  the  captain  or  his  representative  shall  be  required  to 
furnish  proof  that  they  have  paid  such  value. 

If  the  explanations  required  by  this  article  cannot  be  given  within 
twenty-four  hours,  the  captain  or  his  representative  shall  be  required 
to  furnish  security  or  to  deposit  the  amount  of  the  fine  provided  for 
in  article  XXXVIII. ; in  this  case,  a delay  not  exceeding  four  months 
may  be  granted  to  him  in  order  to  enable  him  to  furnish  such  ex- 
planations. 

Article  XVIII. 

Declarations. 

The  declaration  required  by  article  VI  shall  be  presented  at  the 
custom-house  within  eight  days  after  the  discharge  of  the  cargo. 

That  time  having  expired,  a storage  duty  {ardieh)  shall  be  col- 
lected on  the  goods,  in  accordance  with  the  special  regulations  on  this 
subject. 

The  custom-house  may  require  the  exhibition  of  all  papers  that 
jiroperly  accompany  a shipment  of  goods,  such  as  invoices,  insurance 
policy,  correspondence,  etc. 

AVhen  the  owner  of  any  goods  requests  it,  he  ma}"  be  authorized  to 
examine  the  contents  of  packages  received  for  his  account  before 
preparing  a declaration  thereof. 

After  the  declaration  has  been  presented,  it  cannot  be  modified 
without  a valid  excuse,  or  without  ah  authorization,  in  writing,  from 
the  Collector  of  Customs. 

A permit  to  open  packages  for  the  purpose  of  examining  their 
contents  is  given  by  the  Collector  of  Customs,  or  by  the  Inspector 
in  chief,  who  designates  the  officer  who  is  to  be  present  at  the 
examination. 

Article  XIX. 

Form  of  a Declaration. 

Declarations  shall  be  made  in  writing  according  to  forms  printed 
by  the  custom-house. 

They  shall  state : 

1.  The  Christian  name,  surname,  nationality  and  domicile  of  the 
declarer. 

2.  The  places  where  the  goods  are  from,  their  origin  and  desti- 
nation, together  with  the  name  of  the  vessel  which  has  transported 
them,  or  which  is  to  transport  them. 

3.  The  kind  of  goods,  their  number,  nature,  marks,  and  the  num- 
bers marked  on  the  packages. 

4.  The  value  of  the  goods. 

If  the  value  is  not  known  to  the  declarer,  the  custom-house  shall 
cause  the  same  to  be  estimated  by  its  appraisers. 


EGYPT 1884. 


455 


Article  XX. 

Consequences  of  a Failure  to  f resent  the  Manifest  or  Declaration. 

A refusal  to  exhibit  the  manifest  or  other  necessary  papers,  or  any 
delay  in  so  doing,  shall  give  the  custom-house  the  right  to  have  the 
goods  discharged  at  the  expense  and  risk  of  the  captain  or  owners, 
and  to  keep  the  goods  in  the  warehouses  of  the  custom-house. 

A refusal  to  present  the  declaration,  or  any  delay  in  so  doing,  or  a 
refusal  to  withdraw  the  goods  within  the  space  of  six  months  from 
the  day  on  which  they  were  placed  in  the  custom-house,  shall  give 
the  customs  authorities  the  right  to  sell  them,  in  due  form,  at  public 
auction,  by  giving  a single  notice  to  the  owner,  either  directly,  or 
by  means  of  an  advertisement  inserted  in  a newspaper  published  in 
the  nearest  city  or  town. 

Perishable  goods,  such  as  liquids,  fruits,  etc.,  cannot  remain  in  the 
custom-house  any  longer  than  their  condition  allows  them  to  be  kept. 
If  they  are  not  then  withdrawn,  the  custom-house  shall  cause  a state- 
ment to  be  drawn  up  of  the  failure  to  remove  them  in  time,  and 
shall  sell  them,  without  being  obliged  to  summon  the  owner. 

The  opening  and  sale  of  abandoned  packages  shall  take  place,  in 
case  of  the  absence  of  the  interested  parties,  in  the  presence  of  the 
representatives  of  the  consular  or  native  authorities,  according  to 
the  nationality  of  the  interested  party. 

If,  after  having  been  summoned,  the  representatives  of  said  au- 
thorities fail  to  appear,  a statement  of  such  failure  shall  be  pre- 
pared, and  the  goods  shall  be  sold. 

The  proceeds  of  the  sales,  after  customs  duties,  storage,  -fines  and 
all  other  charges  have  been  deducted,  shall  remain  on  deposit  among 
the  funds  of  the  Customs  Department  and  at  the  disposal  of  the 
owner. 

If  said  deposit  is  not  claimed  within  three  years,  it  shall  be  for- 
feited to  the  Customs  Department. 

Until  the  sale  has  actually  been  consummated,  the  owner  of  the 
goods  may  withdraw  them  by  paying  the  duties  and  all  other  charges, 
including  those  for  auction  and  brokerage,  if  there  are  any. 

Article  XXI. 

Shipments  of  Foreign  Goods  from  one  Custom-House  to  another. 

Packages  of  foreign  goods  which  are  to  be  sent  from  one  custom- 
house to  another  before  the  duties  have  been  paid,  cannot  be  removed 
until  after  a declaration  has  been  made. 

A detailed  declaration  is  not  necessary  unless  the  packing  of  the 
goods  is  defective;  such  declaration  may  refer  simply  to  the  value 
of  the  goods  if  they  have  been  properly  packed. 

The  packages  must  be  accompanied  by  an  elm-khaher ; they  must, 
moreover,  be  placed  under  the  guaranty  of  the  seal  of  the  custom- 
house. Packages  whose  value  is  less  than  thirty  piasters,  and  goods 
which,  owing  to  their  nature,  cannot  be  sealed,  shall  be  exempted 
from  sealing. 

In  case  of  transportation  by  rail,  the  shipment  shall  take  place 
under  the  supervision  of  the  custom-house,  which  shall  take  out  the 


456 


TREATIES,  CONVENTIONS,  ETC. 


bills  of  lading  and  send  them  to  the  customs  authorities  of  the  place 
of  destination. 

The  custom-house  shall  send  the  elm-khdber  to  the  owner  of  the 
packages  for  inspection  on  their  arrival. 

If  the  shipment  takes  place  by  any  other  land  conveyance,  the 
owner  shall  deposit  the  import  duties,  or  give  security  for  the  amount 
of  those  duties. 

Goods  of  foreign  origin,  on  which  the  duties  have  already  been 
paid,  and  which  shall  be  exported  by  sea  to  another  Egyptian  port, 
shall  be  subjected  to  no  additional  duty. 

The  custom-house  of  the  port  from  which  the  goods  are  shipped 
shall  simply  require  the  consumption  duties  to  be  deposited ; these 
shall  be  refunded  to  the  interested  party  on  presentation  of  a certifi- 
cate from  the  custom-house  to  which  the  goods  are  sent,  showing 
that  they  have  arrived. 


Article  XXII. 

Discharge  of  the  Elm-Khaber. 

On  the  arrival  of  the  goods  at  the  custom-house  to  which  they  have 
been  sent,  the  party  to  whom  they  have  been  sent  must,  within  seven 
days,  declare  their  final  destination,  unless  it  is  already  stated  in  the 
elm-khaher,  or  he  must  withdraw  the  goods  paying  the  duties  thereon. 
If  the  goods  are  allowed  to  remain  at  the  custom-house  after  the  ex- 
piration of  the  time  above  specified,  they  shall  be  liable  to  the  ardieh 
duty. 

On  the  .arrival  of  the  goods,  their  identity  shall  be  verified;  if  they 
are  found  to  be  in  accordance  with  the  statements  made  in  the  elm- 
khaher,  a certificate  of  discharge  shall  be  delivered  to  the  party  to 
whom  they  are  sent ; if,  on  the  other  hand,  the  examination  shows  any 
differences,  and  if  the  packages  bear  marks  of  having  been  tampered 
with  on  the  way,  the  certificate  shall  be  refused,  or  shall  bq  given  for 
such  part  of  the  goods  only  as  may  be  found  to  accord  with  the  state- 
ments made  in  the  elm-khaher.  A report  shall  be  prepared  stating 
the  condition  of  the  goods  at  the  time  of  the  examination. 

A certificate  of  discharge  may  be  delivered  for  such  packages  as 
were  not  subjected,  when  shipped,  to  a thorough  examination,  but 
which,  having  been  found  to  be  well  packed,  were  simply  sealed ; this 
may  be  done,  when  they  are  found,  on  their  arrival,  to  be  intact,  and 
to  bear  no  marks  of  any  alteration. 

The  return  of  the  certificate  of  discharge  to  the  custom-house 
whence  the  shipment  took  place  shall  entitle  the  party  to  whom  it  was 
issued  to  have  his  deposit  refunded,  or  his  security  shall  be  released 
in  consequence  thereof. 


Article  XXIII. 

Exportation  of  Egyptian  Goods  from  one  Custom-House  to  another. 

Native  goods,  that  is  to  say  productions  of  the  soil  or  industry  of 
Egypt,  that  shall  be  conveyed  hy  sea  to  another  Egyptian  port,  shall 
be  subject  to  the  following  rules: 

1.  If  these  goods  are  to  be  sent  to  a maritime  town  which  is  subject 
to  town-dues,  and  which  has  no  custom-house,  the  shippers  must  de- 


EGYPT — 1884. 


457 


posit  at  the  custom-house  whence  the  shipment  takes  place  a duty  of 
eight  per  centum  until  a certificate  shall  have  been  presented  showing 
that  these  productions  have  duly  reached  their  destination. 

2.  If  these  goods  are  to  be  sent  to  a city  not  subject  to  town-dues, 
they  must  pay,  when  forwarded,  a duty  of  eight  per  centum, ’which 
shall  not  be  refunded. 

In  the  former  case  the  goods  are  to  be  accompanied  by  an  eZm- 
hhaber;  in  the  latter  they  are  to  be  accompanied  by  a raftieh. 

The  elm-khaber  shall  be  discharged  on  the  arrival  of  the  goods,  in 
the  manner  provided  in  the  foregoing  article. 


Title  IIL 

OF  TRANSIT. 

Article  XXIV. 

Goods  in  Transit. 

Goods  that  are  to  cross  the  territory  shall  be  subject,  as  regards  the 
written  declaration  and  the  examination,  to  the  rules  established  for 
the  entry  of  foreign  goods  subject  to  custom  duties,  and  as  regards 
shipment  or  forwarding,  to  the  rules  established  for  the  transporta- 
tion of  goods  from  one  custom-house  to  another. 

After  the  examination  of  the  goods  in  transit,  an  elm-khaber  shall 
be  delivered  to  the  owner  or  shipper  on  payment  of  the  transit  duty 
established  by  the  treaties  and  conventions,  and  on  his  depositing  or 
furnishing  security  for  a sum  equal  to  the  amount  of  the  difference 
between  the  transit  duty  and  the  import  duty. 

The  custom-house  shall  state,  in  the  elm-khaber.^  the  time  when  the 
goods  must  be  presented  at  the  shipping  office.  This  time  may  be 
fixed  at  ten  days  at  least,  and  at  six  months  at  most,  according  to  the 
distance  that  the  goods  may  have  to  go. 

Packages  in  transit  shall  be  subject  to  sealing. 

Article  XXV. 

Discharge  of  the  Transit  Elm-Khaber. 

When  the  identity  of  the  goods  shipped  in  transit  has  been  ascer- 
tained and  they  have  been  sent,  the  elm-khaber  shall  be  viseed  by  the 
custom-house  whence  the  goods  are  shipped. 

The  presentation  at  the  aforesaid  custom-house  of  the  viseed  elm- 
khaber  shall  entitle  the  party  who  has  made  the  deposit  to  the  return 
thereof,  or  to  the  release  of  the  security  furnished  by  him. 

If,  at  the  expiration  of  the  time  fixed  by  the  elm-khaber.,  the  dis- 
charge is  not  presented  at  the  custom-house  whence  the  goods  were 
shipped  the  latter  shall  be  considered  as  having  been  placed  in  the 
market,  and  the  amount  of  the  deposit  shall  be  forfeited  to  the 
custom-house.  If  any  security  has  been  furnished,  the  Customs 
Department  shall  hold  the  party  who  furnished  it  to  the  payment 
of  the  duty  guarantied. 

In  case  of  the  loss,  duly  proved,  of  the  transit  elm-khaber  after  hav- 
ing been  viseed  by  the  custom-house  whence  the  goods  were  shipped. 


458 


TREATIES,  CONVENTIONS,  ETC. 


that  custom-house  shall  be  obliged  to  issue  a certificate  to  take  the 
place  of  the  elm-khaber. 

In  case  of  the  total  loss  of  the  goods,  dul}"  proved,  there  shall  be 
ground  for  the  restitution  of  the  sum  deposited  as  security. 

Title  IV. 

CONCERNING  EXPORTATION. 

Article  XXVI. 

M anifest. 

The  manifest  of  exportation  shall  be  presented  at  the  custom- 
house of  the  port  of  departure  according  to  the  rules  established  in 
article  V. 


Article  XXVII. 

Declaration. 

Goods  intended  for  exportation  must  be  declared.  The  declaration 
shall  take  place  according  to  the  rules  established  in  Articles  XVIII. 
and  XIX. 

The  custom-house,  after  having  examined  the  goods  and  collected 
the  export  duties,  shall  deliver,  together  with  the  receipt  for  said 
duties,  a permit  for  shipment  which  shall  be  exhibited  to  the  officer  on 
guard  in  the  port  of  exportation. 

The  duties  shall  not  be  refunded,  even  if  the  exportation  does  not 
take  place. 

Goods  brought  to  the  custom-house  for  exportation  shall  be  subject 
to  no  ardieh  duty  during  twenty-four  hours;  at  the  expiration  of  that 
time,  they  shall  be  subject  to  that  duty,  unless  it  has  been  impossible 
to  ship  them  by  reason  of  bad  weather,  or  lack  of  means  of  transpor- 
tation, etc. 

Exemption  from  the  payment  of  ardieh  duties  on  acount  of  vis 
major.!  shall,  however,  only  be  granted  in  the  case  of  goods  on  which 
export  duties  have  preAuously  been  paid. 

Titi.e  V. 

CONCERNING  CIRCULATION  .\ND  THE  COAST  TRADE. 

Article  XXVIII. 

Shipping  of  Egyptian  Goods. 

Egyptian  goods  that  are  sent  by  sea  from  one  place  to  another  in 
the  territory  shall  retain  their  nationality  provided  that  they  have 
touched  no  foreign  territory. 

If  a vessel  engaged  in  the  coast  trade  shall  touch,  owing  to  vis 
major.!  iri  a foreign  port,  the  goods  shall  not  lose  their  nationality  for 
that  reason. 


EGYPT 1884. 


459 


Article  XXIX. 

Seals  to  he  affixed  to  jyackages. 

Packages  conveyed  by  vessels  engaged  in  the  coastwise  trade  must 
be  sealed  if  the  custom-house  requires  it. 

Title  VI. 

PROVISIONS  RELATIVE  TO  SURVEILLANCE. 

Article  XXX. 

Prohibition  to  put  in  where  there  is  no  custom-house. 

All  vessels,  no  matter  what  may  be  their  tonnage,  are  hereby  for- 
bidden, except  in  case  of  vis  major.,  to  put  in  at  any  point  where  there 
is  no  custom-house. 

Article  XXXI. 

Surveillance  in  the  Suez  Ship-G anal  and  at  the  Mouths  of  the  Nile. 

In  the  Suez  Ship-Canal  and  in  the  lakes  which  it  crosses,  as  well  as 
at  the  mouths  of  the  Nile,  it  is  forbidden  to  land  or  to  communicate 
with  the  shore  so  as  to  be  able  to  take  in  or  discharge  cargo  without 
being  observed  by  the  custom-house  officers,  except  in  case  of  vis 
major. 

It  shall  be  the  duty  of  the  custom-house  officers  to  stop  and  search 
any  sailing  vessel  that  may  appear  suspicious,  and  to  take  it  to  the 
nearest  custom-house,  making  a report  of  their  proceedings. 

Article  XXXII. 

Surveillance  at  Sea. 

Custom-house  officers  may,  within  a radius  of  ten  kilometers  from 
the  shore,  board  vessels  of  less  than  two  hundred  torts’  burden,  and 
demand  the  presentation  of  the  manifest  and  other  papers  relating  to 
the  cargo. 

If  a vessel  bound  to  an  Egyptian  port  has  no  manifest  or  shows  any 
indications  of  fraudulent  practices,  the  officers  must  accompany  her 
to  the  nearest  custom-house,  drawing  up  a report  of  their  proceedings. 

If  any  vessel  of  less  than  two  hundred  tons’  burden,  bound  to  a 
foreign  port,  is  found  within  the  aforesaid  radius  without  a manifest, 
or  with  a manifest  that  does  not  contain  the  customary  statement^,  the 
custom-house  officers  may  escort  her  outside  of  the  radius  of  surveil- 
lance, or,  if  there  is  any  indication  of  fraud,  they  may  compel  her  to 
accompany  them  to  the  nearest  or  most  convenient  custom-house, 
drawing  up  a report  of  their  action. 

The  custom-house  officers,  the  officers  of  the  vessels  engaged  in  the 
Egyptian  postal-service,  and  the  officers  of  national  vessels  may  board 
any  sailing  or  steam  vessel  of  less  than  two  hundred  tons’  burden  that 
has  cast  anchor  or  that  is  found  tacking  within  ten  kilometers  from 
the  shore,  without  being  able  to  furnish  evidence  of  vis  major. 


460 


TKEATIES,  CONVENTIONS,  ETC. 


If  they  find  any  goods  on  board  whose  importation  or  exportation 
is  prohibited,  they  shall  summarily  confiscate  the  same,  drawing  up  a 
report  stating  that  the  vessel  has  been  found  within  the  limits  of  the 
radius  of  surveillance,  at  anchor  without  any  necessity  thereof,  or 
sailing  in  such  a manner  as  was  justified  neither  by  its  destination 
nor  by  a case  of  vis  major. 

If  the  officers  of  the  custom-house,  those  of  the  vessels  engaged  in 
the  Egyptian  postal-service  or  those  of  national  vessels  give  chase  to 
a vessel  of  less  than  two  hundred  tons’  burden,  and  if  the  latter  re- 
fuses to  allow  them  to  board  her,  they  shall  hoist  the  flag  and  jiennant 
of  their  vessel,  and  warn  the  refractory  vessel  by  means  of  a blank 
shot.  If  she  does  not  yet  stop,  a cannon  ball  shall  be  fired  among  her 
sails.  After  this  double  warning,  the  pursuing  vessel  shall  make  se- 
rious use  of  the  arms  which  she  has  on  board.  The  pursuit  may  be 
continued,  and  the  vessel  may  be  seized  outside  of  the  radius  of  ten 
kilometers. 

F.or  vessels  of  more  than  two  hundred  tons’  burden,  the  surveillance 
shall  be  confined  to  observation  of  their  movements  along  the  shore ; in 
case  of  an  attempt  to  set  goods  ashore,  or  to  put  them  in  boats,  or  to 
transship  them,  the  aforesaid  officers  may  compel  the  vessel  to  accom- 
pany them  to  the  nearest  or  most  convenient  custom-house,  drawing 
up  a report  of  the  infraction  committed  by  it. 

The  aforesaid  officers  shall  search  no  vessel  of  any  kind  that  belongs 
to  a foreign  power;  they  shall  confine  themselves  to  watching  its 
movements,  and  in  case  there  is  any  indication  of  smuggling,  they 
shall  report  what  they  have  seen  to  the  Director  of  Customs. 

In  the  cases  above  provided  for,  the  reports  of  the  searches  must  be 
communicated  to  the  consular  officer  under  whose  jurisdiction  the 
offender  is,  if  that  officer  shall  so  request. 

Title  VII. 

CONCERNING  SMUGGLING. 

Article  XXXIII. 

After  any  seizure  for  smuggling,  the  Collector  of  Customs  and  three 
or  four  of  the  principal  custom-house  officers,  shall  resolve  themselves 
into  a custom-house  commission,  and,  after  having  investigated  the 
case,  they  shall  decide  whether  there  is  ground  for  confiscation  and 
for  the  imposition  of  a fine. 

The  goods  may  be  confiscated,  as  well  as  all  means  of  transporta- 
tion and  all  instruments  used  in  smuggling. 

A fine  may  be  imposed,  whatever  be  the  nature  of  the  goods  seized ; 
it  shall  be  equal'to  double  the  amount  of  the  import  duty ; and,  in  case 
of  a repetition  of  the  offence,  it  may  be  increased  to  four  times,  and 
afterwards  to  six  times  that  amount. 

The  decision  of  the  custom-house  commission  shall  mention  the  date 
of  the  seizure,  the  circumstances  under  which  it  took  place,  the  names 
and  rank  of  the  seizors,  the  witnesses  and  the  accused,  the  kind  and 
quantity  of  the  goods,  and  the  grounds  for  the  decision  reached. 

A copy  of  this  decision,  signed  by  the  Collector  or  some  person  de- 
liuted  to  do  so  by  him,  shall,  on  the  day  on  which  it  is  made  or  the 


EGYPT 1884. 


461 


day  following,  be  sent  directly  by  the  custom-house  to  the  consular  or 
native  officer  under  Avhose  jurisdiction  the  accused  is. 

In  default  of  objection  made  by  the  accused  and  communicated  to 
the  custom-house  within  fifteen  days  from  the  date  of  the  delivery  of 
the  copy  to  the  officer  aforesaid,  this  decision  shall  become  final,  and 
no  appeal  therefrom  shall  be  admissible. 

If  the  accused  thinks  proper  to  object,  his  objection  shall  be  laid 
before  the  commercial  court  having  jurisdiction  in  the  case. 

The  decisions  of  the  custom-house  commission  shall  be  received  as 
evidence  until  the  statements  therein  made  shall  be  charged  with 
falsity. 

The  reports  made  by  custom-house  officers  shall  be  received  as  evi- 
dence until  the  contrary  shall  have  been  proved. 

If  the  final  judicial  decision  rendered  relative  to  the  objection 
declares  the  decision  of  the  custom-house  commission  to  be  erroneous, 
the  owner  of  the  goods  shall  be  entitled  to  an  indemnity  equal  to  the 
damage  that  he  may  have  suffered  in  consequence  of  the  seizure. 

If  the  objection  is  set  aside,  the  accused  shall  be  liable  to  a fine 
equal  to  ten  per  cent,  of  the  value  of  the  articles  seized. 

An  appeal  cannot  legally  be  taken  unless  the  party  shall  have 
deposited  the  amount  of  the  condemnations  resulting  from  the  judg- 
ment in  first  instance  and  the  amount  of  the  said  fine  of  ten  per 
centum. 

The  Customs  Department  shall  always  have  power  to  compromise 
with  the  accused  by  reducing  the  penalty  to  a fine  which  shall  be 
fixed  according  to  circumstances,  but  which  shall  in  no  case  be  less 
than  double  the  amount  of  the  import  duty. 

Article  XXXIV. 

Penalties  in  cases  of  smuggling  shall  be  applicable  to  the  perpetra- 
tors, instigators,  transporters  and  accomplices  of  the  frauds  and  to 
the  owners  of  the  goods,  jointly  and  severally. 

Article  XXXV. 

In  addition  to  ordinary  cases  of  attempted  smuggling,  the  follow- 
ing shall  be  considered  as  contraband,  and  shall  be  treated  according 
to  the  above  rules : 

1.  Foreign  goods  landed  irregularly  in  ports  or  on  coasts,  having 
been  taken  out  of  their  way  or  discharged  before  reaching  the  first 
custom-house. 

2.  Foreign  goods  attempted  to  be  discharged  or  transshipped  with- 
out having  been  manifested,  or  those  found  on  board  of  vessels  whose 
burden  does  not  exceed  fifteen  tons,  bound  to  an  Egyptian  port  and 
having  no  manifest. 

3.  Foreign  goods  found  in  the  Suez  ship-canal  and  the  lakes  which 
it  crosses,  or  in  the  mouths  of  the  Nile,  on  board  of  vessels  which  put 
in  to,  or  which  are  in  communication  with  the  shore,  without  the 
written  authority  of  the  Customs  Department ; or  on  board  of  vessels 
which  run  along  the  shore,  cast  anchor  and  put  in  where  there  is  no 
custom-house. 


462 


TREATIES,  CONVENTIONS,  ETC. 


Goods  found  as  above  shall,  however,  not  be  considered  as  contra- 
band if  proper  evidence  of  vis  major  can  be  furnished. 

4.  Foreign  goods  found  on  the  person,  among  baggage,  in  boats  or 
carriages,  or  concealed  in  packages,  articles  of  furniture  or  other 
goods,  in  such  a manner  as  to  furnish  ground  for  the  presumption  of 
an  intent  to  avoid  the  payment  of  duties  thereon. 

5.  Foreign  goods  removed  from  the  custom-house  without  a permit 
to  do  so. 

6.  Foreign  goods  deposited  in  the  desert  beyond  the  customs  bound- 
ary, and  in  such  a manner  as  to  be  suspicious. 

7.  Foreign  goods  re-exported  by  sea  or  shipped  on  board  of  vessels 
engaged  in  the  coastwise  trade,  without  a raftieh^  when  said  vessels 
are  of  less  than  five  tons’  burden. 

8.  Foreign  goods  which,  after  the  delivery  of  the  tamkin  at  their 
departure,  shall  be  loaded  upon  vessels,  or,  generally,  all  goods  liable 
to  the  export  duty  that  shall  be  exported  or  attempted  to  be  exported 
without  having  been  presented  at  the  custom-house. 

In  this  case  the  fine  to  be  imposed  in  addition  to  the  confiscation 
shall  be  equal  to  sixteen  times  the  export  duty,  and  may,  in  case  of  a 
repetition  of  the  offense,  be  increased  to  double,  and  afterwards  to 
sixfold  that  amount. 

All  goods  prohibited  by  the  Government,  together  with  tobacco  and 
tombac,  sold  on  the  coast  or  in  the  interior,  in  violation  of  the  regula- 
tions, or  found  at  any  point  without  a keshf,  raftieh  or  seal,  shall 
likewise  be  considered  as  contraband,  and  shall  be  treated  according 
to  the  same  rules. 

Title  VIII. 

CONCERNING  INFRACTIONS. 

Article  XXXVI. 

Infractions  shall  be  punished  by  a fine  that  shall  be  collected, 
jointly  and  severally,  from  the  perpetrators  thereof,  and  from  their 
instigators  and  accomplices,  and  also  from  the  owners  of  the  goods  and 
captains  of  the  vessels;  the  latter  shall,  moreover,  be  responsible  for 
any  infractions  that  may  be  committed  by  the  crew. 

The  goods  and  vessels  shall  serve  as  a guarantee  for  the.  amount  of 
the  duties  and  fines,  without  prejudice  to  the  provisions  of  article 
VIII.,  paragraph  6,  or  to  any  other  action. 

The  fine  may  not  be  imposed  if  proper  evidence  is  furnished  of 
the  existence  of  vis  major;  the  evidence  must,  in  this  case,  be  duly 
furnished  before  the  withdrawal  of  the  goods  or  the  departure  of  the 
vessels ; the  custom-house  may  even  grant  an  extension  of  the  time. 

Article  XXXVII. 

Any  infraction  of  the  provisions  of  these  regulations,  or  of  any 
others  that  have  been  regailarly  adopted,  when  such  infraction  is  not 
included  in  one  of  the  cases  hereinafter  provided  for,  shall  be  punished 
by  a fine,  the  amount  of  which  shall  be  fixed  by  the  Collector  of  cus- 
toms. Such  fine  sliall  not  be  less  than  one-half  the  amount  of  the 
duty,  or  more  than  six  times  the  same  amount,  and,  in  cases  not  pro- 


EGYPT 1884. 


463 


vided  for,  and  not  connected  with  an  importation  or  exportation  of 
goods,  the  fine  shall  be  from  one  hundred  to  five  thousand  Turkish 
piasters. 

The  collection  of  these  fines  shall  be  independent  of  the  duties  pay- 
able according  to  the  treaties,  laws  and  re^dations. 

Article  XXXVIII. 

If  any  differences  in  excess  exist  between  the  goods  and  the  state- 
ments made  in  the  manifest,  the  captain  shall  pay  a fine  which  shall 
not  be  less  than  the  amount  of  the  duty,  or  more  than  three  times  the 
said  amount  for  each  package  not  mentioned  in  the  manifest.  If 
any  of  the  packages  in  excess  have  the  same  marks  and  numbers  as 
other  packages  mentioned  in  the  manifest,  those  that  are  subject  to  the 
highest  duty  shall  be  considered  as  not  manifested. 

For  each  package  mentioned  in  the  manifest  and  not  presented, 
there  shall  be  collected,  according  to  article  XVII.,  a fine  which,  in 
addition  to  the  duty  (which  shall  be  estimated  according  to  the  state- 
ments contained  in  the  documents  presented),  shall  not  be  less  than 
one  hundred  or  more  than  one  thousand  Turkish  piasters. 

The  fine  in  the  case  of  goods  laden  loosely  according  to  the  mani- 
fest, may  be  raised  to  five  thousand  Turkish  piasters. 

Nevertheless,  discrepancies  in  excess  not  exceeding  ten  per  cent., 
and  deficiencies  not  exceeding  five  per  cent,  shall  entail  no  fines. 

Article  XXXIX. 

For  any  difference  in  quantity,  value,  weight  or  quality  between 
the  written  declaration  and  the  goods  presented  for  examination,  a 
fine  shall  be  collected  which  shall  not  be  less  than  one  fifth  of  the 
amount  of  the  duty,  or  more  than  the  whole  of  that  amount. 

There  shall  be  no  ground  for  the  imposition  of  any  fine  if  the  dif- 
ferences in  quantity,  weight  or  value  do  not  exceed  five  per  cent. 

Article  XL. 

Captains  of  vessels  shall  be  liable  to  a fine  of  from  one  thousand  to 
ten  thousand  Turkish  piasters,  in  the  following  cases : 

1.  If  they  shall  refuse  to  produce  the  legal  manifest  of  their  cargo, 
or  if  they  shall  have  no  such  manifest. 

2.  If  they  shall  refuse  to  allow  the  custom-house  officers  to  come  on 
board. 

3.  If  they  shall  sail  or  attempt  to  sail  without  permission  from  the 
cutsom-house. 

4.  If  they  shall  violate  any  other  provision  of  article  XV. 

Always  without  prejudice  to  cases  of  contraband. 

The  fine  shall  be  from  four  hundred  to  two  thousand  Turkish  pias- 
ters in  the  following  cases: 

1.  In  case  the  vessels  are  not  moored  in  the  places  designated. 

2.  In  case  the  discharge,  lading  and  shipment  of  goods  take  place 
without  the  permission  of  the  custom-house,  or  not  in  the  presence 
of  the  custom-house  officers. 

3.  In  case  of  delay  in  the  presentation  of  the  manifest. 


464 


TREATIES,  CONVENTIONS,  ETC. 


4.  In  case  of  a failure  to  present  at  the  custom-house  the  raftieh 
or  elm-khaber,  which  must  accompany  goods  carried  by  vessels  en- 
gaged in  the  coasting  trade,  or  conveyed  from  one  custom-house  to 
another  by  sea. 

5.  In  case  of  the  shipment  of  goods  without  permission,  before  the 
operations  connected  with  the  discharge  are  finished. 

Article  XLI. 

The  fine  shall  be  from  one  hundred  to  one  thousand  Turkish  pias- 
ters in  case  the  previous  declaration  provided  for  by  articles  VI., 
XVIII.  and  XXVII.  of  these  regulations  shall  not  have  been  made. 

Article  XLII. 

The  fine  shall  be  from  four  hundred  to  four  thousand  Turkish 
piasters : 

1.  In  case  of  an  attempt  to  import  or  export  goods  otherwise  than 
according  to  the  rules  prescribed,  or  during  the  night  in  the  case  of 
goods  exempt  from  the  import  or  export  duty. 

2.  In  case  the  goods  sent  to  another  custom-house,  or  in  transit, 
shall  arrive  at  the  custom-house  to  which  they  were  bound  after  the 
expiration  of  the  period  mentioned  in  the  raftieh  or  elm-khaber^  with- 
out proper  justification  of  the  delay. 

3.  In  case  packages  that  have  been  examined  and  shipped  in  tran- 
sit, or  that  are  bound  to  another  custom-house,  shall  be  tampered 
with  on  the  outside. 

4.  In  case  of  delay  on  the  part  of  those  who  have  furnished  secu- 
rity in  making  the  payments  prescribed  by  article  XXV.,  para- 
graph 3. 

Title  IX. 

CONCERNING  SEARCHES. 

Article  XLIII. 

In  case  fraud  is  suspected,  officers  may  search  the  houses  or  stores 
of  private  individuals. 

Such  searches  shall  not,  however,  be  made  otherwise  than  in  pur- 
suance of  a written  order  from  the  Collector  of  Customs,  and  in 
presence : 1.  Of  an  officer  whose  rank  is  above  that  of  Inspector,  at 
least;  2.  Of  a representative  of  the  Government,  and,  in  cities  in 
which  Municipalities  are  established,  of  a representative  of  the  mu- 
nicipal authority. 

Searches  must  be  made  between  the  rising  and  setting  of  the  sun. 

A duplicate  of  the  order  directing  a search  shall  be  sent  to  the  Con- 
sular officer  interested,  who  may  at  once  send  a representative,  if  he 
thinks  proper.  The  failure  of  that  officer  to  do  so,  shall  not,  however, 
cause  any  delay  in,  or  be  any  obstacle  to  the  search. 

The  statement  prepared  by  the  custom-house  officers  must  give  the 
statements  and  observations  of  the  person  in  whose  house  the  search 
has  been  made,  or  in  case  of  his  absence,  the  statements  and  observa- 
tions of  his  representatives  or  domestics. 


EGYPT 1884. 


465 


The  interested  party,  or,  in  his  absence,  his  representatives  or  do- 
mestics, shall  be  requested  to  sign  the  statement. 

Article  XLIV. 

Folder  provisions. 

All  provisions  at  variance  vrith  those  contained  in  the  foregoing 
regulations  are  hereby  repealed. 

The  Egyptian  Government  may  adopt,  for  the  proper  management 
of  the  service  and  for  the  repression  of  fraud,  such  other  measures, 
similar  to  the  foregoing,  as  may  have  been  shown  by  experience  to  be 
desirable. 

A.  Caillard, 

Director  General  of  Custom-Hotises. 

Examined  and  approved : 

Mustapha  Fehmy, 

Minister  of  Finance. 

Cairo,  Aprril  2(f,  1884. 


Explanation  of  foreign  terms  employed  in  the  Egyptian  customs  regulations. 
Ardieh:  Storage  duty. 

Elm^Klaber:  A carefully  prepared,  detailed,  and  descriptive  list. 

Eeshf:  Invoice  or  list  of  goods. 

Raftieh:  Receipt  for  payment  of  customs  duties. 

Tamkin:  Permit  to  sail. 

Fts  major:  A condition  entirely  beyond  the  control  of  the  person  concerned. 


24449— VOL  1—10 30 


ETHIOPIA. 

1903. 

Treaty  to  Eegulate  Commercial  Relations. 

Signed  December  27,  1903;  ratification  advised  by  the  Senate  March 
12,  190 ratified  by  the  President  March  17,  190 If.;  proclaimed 
September  30, 190If. 


Articles. 


I.  Freedom  to  travel  and  transact 
business. 

II.  Security  of  persons  and  property. 

III.  Customs  duties,  imposts,  jurisdic- 
tion. 


IV.  Use  of  means  of  transportation. 

V.  Representatives  of  Governments. 

VI.  Duration. 

VII.  Ratification. 


His  Majesty  Menelik  II,  King  of  Kings  of  Ethiopia,  and  the  United 
States  of  America,  having  agreed  to  regulate  the  commercial  relations 
between  the  two  countries  and  develop  them,  and  render  them  more 
and  more  advantageous  to  the  two  contracting  Powers ; 

His  Majesty  Menelik  II,  King  of  Kings  of  Ethiopia,  in  the  name 
of  the  Empire,  and  Robert  P.  Skinner,  in  the  name  of  the  United 
States  of  America,  have  agreed  and  stipulated  that  which  follows : 

Article  I. 


The  citizens  of  the  two  Powers,  like  the  citizens  of  other  countries, 
shall  be  able  freely  to  travel  and  to  transact  business  throughout  the 
extent  of  the  territories  of  the  two  contracting  Powers,  while  respect- 
ing the  usages  and  submitting  themselves  to  the  tribunals  of  the  coun- 
tries in  which  they  may  be  located. 

Article  II. 

In  order  to  facilitate  commercial  relations,  the  two  Governments 
.shall  assure,  throughout  the  extent  of  their  respective  territories,  the 
security  of  those  engaged  in  business  therein,  and  of  their  property. 

Article  III. 

The  two  contracting  Governments  shall  reciprocally  grant  to  all 
citizens  of  the  United  States  of  America  and  to  the  citizens  of 
Ethiopia,  all  the  advantages  which  they  shall  accord  to  other  Powers 
in  respect  to  customs  duties,  imposts  and  jurisdiction. 

466 


ETHIOPIA — 1903, 


467 


Article  IV. 

Throughout  the  extent  of  the  Ethiopian  Empire,  the  citizens  of  the 
United  States  of  America  shall  have  the  use  of  the  telegraphs,  posts 
and  all  other  means  of  transportation  upon  the  same  terms  as  the  citi- 
zens of  other  Powers. 

Article  V. 

In  order  to  perpetuate  and  strengthen  the  friendly  relations  which 
exists  between  Ethiopia  and  the  United  States  of  America,  the  two 
Governments  agree  to  receive  reciprocally,  representatives  acceptable 
to  the  two  Governments.  These  representatives  shall  not  however,  be 
maintained  at  their  posts,  unless  they  are  agreeable  to  the  receiving 
Power,  in  such  cases,  they  shall  be  replaced. 

Article  VI. 

The  duration  of  the  present  treaty  shall  be  ten  years.  It  is  under- 
stood that  at  the  expiration  of  these  ten  years  the  two  Governments 
shall  be  able  to  modify  all  or  any  part  of  this  treaty.  The  Govern- 
ment which  shall  request  at  that  time  the  modihcation,  shall  make  its 
proposal  to  the  other  Government  one  year  before  the  expiration  of 
the  treaty. 

Article  VII. 

The  present  treaty  shall  take  effect  if  ratified  by  the  Government  of 
the  United  States,  and  if  this  ratification  shall  be  notified  to  His 
Majesty  Menelik  II,  King  of  Kings  of  Ethiopia,  within  the  period  of 
one  year. 

His  Majesty  Menelik  II  King  of  Kings  of  Ethiopia,  in  the  name  of 
his  Empire;  Robert  P.  Skinner  in  virtue  of  his  full  powers,  in  the 
name  of  the  United  States  of  America,  have  signed  the  present  treaty, 
written  in  double  text,  Amharic  and  French,  and  in  identical  terms. 

Done  at  Addis- Ababa,  this  seventeenth  day  of  December,  one  thou- 
sand eight  hundred  and  ninety-six  in  the  year  of  grace  (correspond- 
ing to  December  twenty-seventh,  1903). 

[Seal  of  Menelik  II.] 

(Signed)  Robert  P.  Skinner. 


FRAWJE. 

1778.“^ 

Treaty  of  Amiti'  aad  Commerce. 

C oncl tided  at  Paris  Fehruary  6,  1778;  ratifi-ed  l>y  Congress  May  Ji, 

1778. 

Articles. 


I.  Amitj'. 

II.  Most  favored  natiou  privileges. 

III.  Discriuiination  iu  duties  iu  the 

United  States. 

IV.  Discrimination  in  duties  iu 

Prance. 

V.  Particular  exemption. 

VI.  Protection  to  vessels  of  the 
United  States. 

VI  I.  Protection  to  vessels  of  France. 

VIII.  Treaties  with  Barbary  Powers. 

IX.  Fisheries. 

X.  PTsheries  on  banks  of  New- 
foundland. 

XI.  Droit  d’aubaine. ; disposition  of 
estates. 

XII.  Nationality  of  vessels. 

XIII.  Contraband  goods. 

XIV.  Enemy’s  flag  not  to  protect 

goods  of  neutrals. 


XV.  Indemnity  for  injuries  to 
vessels. 

XVI.  Captures  by  pirates. 

XVII.  Prizes. 

XVIII.  Shipwrecks. 

XIX.  Asylum  to  vessels. 

XX.  Reciprocal  treatment  of  citi- 
zens in  war. 

XXI.  Letters  of  marque. 

XXII.  Privateers. 

XXIII.  Privilege  of  neutrals  to  trade. 

XXIV.  Contraband  goods. 

XXV.  Nationality  of  vessels. 

XXVI.  Treatment  of  vessels. 

XXVII.  Detention  of  vessels. 
XXVm.  Visitation  and  search. 

XXIX.  Consuls. 

XXX.  Free  ports. 

XXXI.  Ratification. 


The  Most  Christian  King,  and  the  thirteen  United  States  of  North 
America,  to  wit.  New  Hampshire,  iVIassachusetts  Bay,  Rhode  Island, 
Connecticut,  New  York,  New  Jersey,  Pennsylvania,  Delaware,  Mary- 
land, Virginia,  North  Carolina,  South  Carolina,  and  Georgia,  willing 
to  fix  in  an  equitable  and  permanent  manner  the  rules  which  ought 
to  be  followed  relative  to  the  correspondence  and  commerce  which 
the  two  parties  desire  to  establish  between  their  respective  countries, 
States,  and  subjects.  His  Most  Christian  Majesty  and  the  said  United 
States  have  judged  that  the  said  end  could  not  be  better  obtained 
than  by  taking  for  the  basis  of  their  agreement  the  most  perfect 


“By  an  act  of  Congress  approved  July  7,  179S,  tbe  treaties  with  France  then 
in  force  were  abrogated. 

* Federal  cases:  Glass  v.  Tbe  Betsey  (3  Dali.,  6),  Geyer  v.  Michel  (3  Dali., 
285),  Moodle  v.  Tbe  Phoebe  Anne  (3  Dali.,  319),  Chirac  v.  Chirac  (2  Wheat., 
259),  Carneal  r.  Banks  (10  Wheat.,  181),  British  Consul  v.  The  Favorite  (Bee's 
Adm.  Rep.,  39),  Stannick  v.  The  Friendship  (Bee's  Adm.  Rep.,  40),  Salderoudo 
V.  The  Nostra  Signora  del  Camino  (Bee’s  Adm.  Rep.,  43),  Williamson  v.  The 
Betsey  (Bee’s  Adm.  Rep.,  07),  British  Consul  r.  'The  Mermaid  (Bee’s  Adm. 
Rep.,  09),  Bolchos  r.  Slaves  (Bee’s  Adm.  Rep.,  74),  Gray  v.  U.  S.  (21  Ct,  Cls., 
340),  Hooper  v.  U,  S.  (22  Ct.  Cls.,  408),  The  Brig  William  (23  Ct.  Cls.,  201), 
The  Venus  (27  Ct.  Cls.,  116). 

468 


FRANCE 1778. 


469 


equality  and  reciprocity,  and  by  carefully  avoiding  all  those  bur- 
thensome  preferences  which  are  usually  sources  of  debate,  embarrass- 
ment and  discontent ; by  leaving,  also,  each  party  at  liberty  to  make, 
respecting  commerce  and  navigation,  those  interior  regulations  which 
it  shall  find  most  convenient  to  itself;  and  by  founding  the  advan- 
tage of  commerce  solely  upon  reciprocal  utility  and  the  just  rules  of 
free  intercourse ; reserving  withal  to  each  party  the  liberty  of  admit- 
ting at  its  pleasure  other  nations  to  a participation  of  the  same  ad- 
vantages. It  is  in  the  spirit  of  this  intention,  and  to  fulfil  these 
views,  that  His  said  Majesty  having  named  and  appointed  for  his 
Plenipotentiary,  Conrad  Alexander  Gerard,  Royal  Syndic  of  the 
city  of  Strasbourg,  Secretary  of  His  Majesty’s  Council  of  State;  and 
the  United  States,  on  their  part,  having  fully  impowered  Benjamin 
Franklin,  Deputy  from  the  State  of  Pennsylvania  to  the  General 
Congress,  and  President  of  the  Convention  of  said  State,  Silas 
Deane,  late  Deputy  from  the  State  of  Connecticut,  to  the  said  Con- 
gress, and  Arthur  Lee,  Councellor  at  Law ; the  said  respective  Pleni- 
potentiaries, after  exchanging  their  powers,  and  after  mature  delib- 
eration, have  concluded  and  agreed  upon  the  following  articles : 

Article  I. 

There  shall  be  a firm,  inviolable  and  universal  peace,  and  a true 
and  sincere  friendship  between  the  Most  Christian  King,  his  heirs 
and  successors,  and  the  United  States  of  America ; and  the  subjects 
of  the  Most  Christian  King  and  of  the  said  States;  and  between  the 
countries,  islands,  cities  and  towns  situate  under  the  jurisdiction  of 
the  Most  Christian  King  and  of  the  said  United  States,  and  the 
people  and  inhabitants  of  every  degree,  without  exception  of  persons 
or  places;  and  the  terms  hereinafter  mentioned  shall  be  perpetual 
between  the  Most  Christian  King,  his  heirs  and  successors,  and  the 
said  United  States. 

Article  II. 

The  Most  Christian  King  and  the  United  States  engage  mutually 
not  to  grant  any  particular  favour  to  other  nations,  in  respect  of 
commerce  and  navigation,  which  shall  not  immediately  become  com- 
mon to  the  other  party,  who  shall  enjoy  the  same  favour,  freely,  if 
the  concession  was  freely  made,  or  on  allowing  the  same  compensa- 
tion, if  the  concession  was  conditional. 

Article  III. 

The  subjects  of  the  Most  Christian  King  shall  pay  in  the  ports, 
havens,  roads,  countries,  islands,  cities  or  towns  of  the  United  States, 
or  any  of  them,  no  other  or  greater  duties  or  imposts,  of  what  nature 
soever  they  may  be,  or  by  what  name  soever  called,  than  those  which 
the  nations  most  favoured  are  or  shall  be  obliged  to  pay;  and  they 
shall  enjoy  all  the  rights,  liberties,  privileges,  immunities  and  ex- 
emptions in  trade  navigation  and  commerce,  whether  in  passing 
from  one  port  in  the  said  States  to  another,  or  in  going  to  and  from 
the  same,  from  and  to  any  part  of  the  world,  which  the  said  nations 
do  or  shall  enjoy. 


470 


TREATIES,  CONVENTIONS,  ETC. 

Article  IV. 

The  subjects,  people  and  inhabitants  of  the  said  United  States,  and 
each  of  them,  shall  not  pay  in  the  ports,  havens,  roads,  isles,  cities 
and  places  under  the  domination  of  Ilis  Most  Christian  Majesty,  in 
Europe,  any  other  or  greater  duties  or  imposts,  of  what  nature  soever 
they  niay  be,  or  by  what  name  soever  called,  than  those  which  the 
most  favoured  nations  are  or  shall  be  obliged  to  pay;  and  they  shall 
enjoy  all  the  rights,  liberties,  privileges,  immunities  and  exemptions 
in  trade,  navigation  and  commerce,  whether  in  passing  from  one 
port  in  the  said  dominions,  in  Europe,  to  another,  or  in  going  to  and 
from  the  same,  from  and  to  any  part  of  the  world,  Avhich  the  said 
nations  do  or  shall  enjoy. 

Article  V. 

In  the  above  exemption  is  particularly  comprised  the  imposition 
of  100  sols  per  ton,  established  in  France  on  foreign  ships;  unless 
when  the  ships  of  the  United  States  shall  load  with  the  merchandise 
of  France  for  another  port  of  the  same  dominion,  in  which  case  the 
said  ships  shall  pay  the  dut}^  above-mentioned  so  long  as  other 
nations  the  most  favoured  shall  be  obliged  to  pay  it.  But  it  is  under- 
stood that  the  said  United  States,  or  any  of  them,  are  at  liberty, 
when  they  shall  judge  it  proper,  to  establish  a duty  equivalent  in  the 
same  case. 

Article  VI. 

The  Most  Christian  King  shall  endeavour  by  all  the  means  in  his 
power  to  protect  and  defend  all  vessels  and  the  effects  belonging  to 
the  subjects,  people  or  inhabitants  of  the  said  United  States,  or  any 
of  them,  being  in  his  ports,  havens  or  roads,  or  on  the  seas  near  to 
his  countries,  islands,  cities  or  towns,  and  to  recover  and  restore  to 
the  right  owners,  their  agents  or  attornies,  all  such  vessels  and  effects 
which  shall  be  taken  within  his  jurisdiction;  and  the  ships  of  war 
of  His  Most  Christian  Majesty,  or  any  convoy  sailing  under  his 
authority,  shall  upon  all  occasions  take  under  their  j^rotection  all 
vessels  belonging  to  the  subjects,  people  or  inhabitants  of  the  said 
United  States,  or  any  of  them,  and  holding  the  same  course,  or  going 
the  same  way,  and  shall  defend  such  vessels,  as  long  as  they  hold  the 
same  course  or  go  the  same  way,  against  all  attacks,  force  and  vio- 
lence, in  the  same  manner  as  they  ought  to  protect  and  defend  the 
vessels  belonging  to  the  subjects  of  the  Most  Christian  King. 

Article  VII. 

In  like  manner  the  said  United  States  and  their  ships  of  war,  sail- 
ing under  their  authority,  shall  protect  and  defend,  conformable  to 
the  tenor  of  the  preceding  article,  all  the  vessels  and  effects  belong- 
ing to  the  subjects  of  the  Most  Christian  King,  and  use  all  their  en- 
deavours to  recover  and  cause  to  be  restored  the  said  vessels  and 
effects  that  shall  have  been  taken  within  the  jurisdiction  of  the  said 
United  States,  or  any  of  them. 

Article  VIII. 

The  Most  Christian  King  will  emiffoy  his  good  offices  and  inter- 
position Avith  the  King  or  Emperor  of  Morocco  or  Fez,  the  regencies 


FRANCE 1778. 


471 


of  Algier,  Tunis,  and  Tripoli,  or  with  any  of  them;  and  also  with 
every  other  Prince,  State  or  Power,  of  the  coast  of  Barbary,  in 
Africa,  and  the  subjects  of  the  said  King,  Emperor,  States  and 
Powers,  and  each  of  them,  in  order  to  provide  as  fully  and  effica- 
ciously as  230ssible  for  the  benefit,  conveniency  and  safety  of  the  said 
United  States,  and  each  of  them,  their  subjects,  people  and  inhabi- 
tants, and  their  vessels  and  effects  against  all  violence,  insult,  attacks 
or  depredations  on  the  part  of  the  said  Princes  and  States  of  Bar- 
bary, or  their  subjects. 

Article  IX. 

The  subjects,  inhabitants,  merchants,  commanders  of  ships,  masters 
and  mariners  of  the  States,  provinces  and  dominions  of  each  party 
respectively  shall  abstain  and  forbear  to  fish  in  all  places  possessed 
or  which  shall  be  possessed  by  the  other  party;  the  Most  Christian 
King’s  subjects  shall  not  fish  in  the  havens,  bays,  creeks,  roads,  coasts 
or  places  which  the  said  United  States  hold  or  shall  hereafter  hold; 
and  in  like  manner  the  subjects,  people  and  inhabitants  of  the  said 
United  States  shall  not  fish  in  the  havens,  bays,  creeks,  roads,  coasts 
or  places  which  the  Most  Christian  Iving  possesses  or  shall  here- 
after possess;  and  if  any  ship  or  vessel  shall  be  found  fishing  con- 
trary to  the  tenor  of  this  treaty,  the  said  ship  or  vessel,  with  its  lad- 
ing, proof  being  made  thereof,  shall  be  confiscated.  It  is,  however, 
understood  that  the  exclusion  stipulated  in  the  present  article  shall 
take  place  only  so  long  and  so  far  as  the  Most  Christian  King  or  the 
United  States  shall  not  in  this  respect  have  granted  an  exemption  to 
some  otlier  nation. 

Article  X. 

The  United  States,  their  citizens  and  inhabitants,  shall  never  dis- 
turb the  subjects  of  the  Most  Christian  King  in  the  enjoyment  and 
exercise  of  the  right  of  fishing  on  the  banks  of  Newfoundland,  nor 
in  the  indefinite  and  exclusive  right  Avhich  belongs  to  them  on  that 
part  of  the  coast  of  that  island  which  is  designed  by  the  treaty  of 
Utrecht ; nor  in  the  rights  relative  to  all  and  each  of  the  isles  which 
belong  to  His  Most  Christian  Majesty;  the  whole  conformable  to 
the  true  sense  of  the  treaties  of  Utrecht  and  Paris. 

(a)  Article  XI. 

The  subjects  and  inhabitants  of  the  said  United  States,  or  any  one 
of  them,  shall  not  be  reputed  auhains  in  France,  and  consequently 
shall  be  exempted  from  the  droit  d'^aubaine^  or  other  similar  duty, 


(a)  The  two  articles  following  were  originally  agreed  to,  but  afterwards  re- 
scinded, to  wit : 


Article  XI. 


It  is  agreed  and  concluded  that  there  shall  never  be  any  duty  imposed  on  the 
exportation  of  the  melasses  that  may  be  taken  by  the  subjects  of  any  of  the 
United  States  from  the  islands  of  America  which  belong  or  may  hereafter 
appertain  to  His  Most  Christian  Majesty. 

Article  XII. 

In  compensation  of  the  exemption  stipulated  by  the  preceding  article,  it  is 
agreed  and  concluded  that  there  shall  never  be  any  duties  imposed  on  the  expor- 


472 


TREATIES,  CONVENTIONS,  ETC. 


under  what  name  soever.  They  may  by  testament,  donation  or  other- 
wise, dispose  of  their  goods,  moveable  and  immoveable,  in  favour  of 
such  persons  as  to  them  shall  seem  good,  and  their  heirs,  subjects  of 
the  said  United  States,  residing  whether  in  France  or  elsewhere,  may 
succeed  them  ah  intestate  without  being  obliged  to  obtain  letters  of 
naturalization,  and  without  having  the  effect  of  this  concession  con- 
tested or  impeded  under  pretext  of  any  rights  or  prerogative  of  prov- 
inces, cities  or  private  persons;  and  the  said  heirs,  whether  such  by 
particular  title,  or  ah  intestate  shall  be  exempt  from  all  duty  called 
droit  detraction^  or  other  duty  of  the  same  kind,  saving  nevertheless 
the  local  rights  or  duties  as  much  and  as  long  as  similar  ones  are  not 
established  by  the  United  States,  or  any  of  them.  The  subjects  of 
the  Most  Christian  King  shall  enjoy  on  their  part,  in  all  the  domin- 
ions of  the  said  States,  an  entire  and  perfect  reciprocity  relative  to 
the  stipulations  contained  in  the  present  article,  but  it  is  at  the  same 
time  agreed  that  its  contents  shall  not  affect  the  laws  made,  or  that 
may  be  made  hereafter  in  France  against  emigrations  which  shall 
remain  in  all  their  force  and  vigour,  and  the  United  States  on  their 


tation  of  any  kind  of  merchandize  which  the  subjects  of  His  Most  Christian 
Majesty  may  take  from  the  countries  and  possessions,  present  or  future,  of 
any  of  the  thirteen  United  States,  for  the  use  of  the  islands  which  shall  fur- 
nish melasses. 

Act  of  France  rescinding  the  foregoing  articles : 

[Translation.] 

The  General  Congress  of  the  United  States  of  North  America,  having  repre- 
sented to  the  King  that  the  execution  of  the  eleventh  article  of  the  treaty  of 
amity  and  commerce,  signed  the  sixth  of  February  last,  might  be  productive  of 
inconvenience;  and  having,  therefore,  desired  the  suppression  of  this  article, 
consenting  in  return  that  the  twelfth  article  shall  likewise  be  considered  of  no 
effect : His  Majesty,  in  order  to  give  a new  proof  of  his  affection,  as  also  of  his 
desire  to  consolidate  the  union  and  good  correspondence  established  between 
the  two  States,  has  been  pleased  to  consider  their  representations : His  Majesty 
has  consequently  declared,  and  does  declare  by  these  presents,  that  he  consents 
to  the  suppression  of  the  eleventh  and  twelfth  articles  aforementioned,  and  that 
his  intention  is  that  they  be  considered  as  haying  never  been  comprehended  in 
the  treaty  signed  the  sixth  of  February  last. 

Done  at  Versailles  the  first  day  of  the  month  of  September,  one  thousand 
seven  hundred  and  seventy-eight. 

Gravier  de  Vergennes. 

Act  of  the  United  States  rescinding  the  foregoing  articles : 

declaration. 

The  Most  Christian  King  having  been  pleased  to  regard  the  representations 
made  to  him  by  the  General  Congress  of  North  America,  relating  to  the  eleventh 
article  of  the  treaty  of  commerce,  signed  the  sixth  of  February,  in  the  present 
year;  and  His  Majesty  having,  therefore,  consented  that  the  said  article  should 
be  suppressed,  on  condition  that  the  twelfth  article  of  the  same  treaty  be 
equally  regarded  as  of  none  effect;  the  abovesaid  General  Congress  hath  de- 
clared on  their  part,  and  do  declare,  that  they  consent  to  the  suppression  of 
the  eleventh  and  twelfth  articles  of  the  above-mentioned  treaty,  and  that  their 
intention  is,  that  these  articles  be  regarded  as  having  never  been  comprised  in 
•the  treaty  signed  the,  sixth  of  February. 

In  faith  whei’eof,  &c., 

B.  Franklin. 

Arthur  Lee. 

John  Adams. 


FRANCE 1778. 


473 


part,  or  any  of  them,  shall  be  at  liberty  to  enact  such  laws  relative 
to  that  matter  as  to  them  shall  seem  proper. 

Article  XII. 

The  merchant  ships  of  either  of  the  parties  which  shall  be  making 
into  a port  belonging  to  the  enemy  of  the  other  ally,  and  concerning 
whose  voyage  and  the  species  of  goods  on  board  her  there  shall  be  just 
gi’ounds  of  suspicion,  shall  be  obliged  to  exhibit,  as  well  upon  the 
high  seas  as  in  the  ports  and  havens,  not  only  her  passports,  but  like- 
wise certificates,  expressly  shewing  that  her  goods  are  not  of  the 
number  of  those  which  have  been  prohibited  as  contraband. 

Article  XIII. 

If  by  the  exhibiting  of  the  abovesaid  certificates  the  other  party  dis- 
coA’er  there  are  any  of  those  sorts  of  goods  which  are  prohibited  and 
declared  contraband  and  consigned  for  a port  under  the  obedience 
of  his  enemies,  it  shall  not  be  lawful  to  break  up  the  hatches  of  such 
ship,  or  to  open  any  chest,  cofi'ers,  packs,  casks  or  any  other  vessels 
found  therein,  or  to  remove  the  smallest  parcels  of  her  goods,  whether 
such  ship  belongs  to  the  subjects  of  France,  or  the  inhabitants  of  the 
said  Ignited  States,  unless  the  lading  be  brought  on  shore  in  the  pres- 
ence of  the  officers  of  the  court  of  admiralty,  and  an  inventory  thereof 
made;  but  there  shall  be  no  allowance  to  sell,  exchange  or  alienate 
the  same,  in  any  manner,  until  after  that  due  and  lawful  process  shall 
have  been  had  against  such  prohibited  goods,  and  the  court  of  ad- 
miralty shall  by  a sentence  pronounced  have  confiscated  the  same; 
saving  always  as  well  the  ship  itself  as  any  other  goods  found  therein, 
which  by  this  treaty  are  to  be  esteemed  free,  neither  may  they  be 
detained  on  pretence  of  their  being  as  it  were  infected  by  the  pro- 
hibited goods,  much  less  shall  they  be  confiscated,  as  lawful  prize ; but 
if  not  the  whole  cargo,  but  only  part  thereof,  shall  consist  of  pro- 
hibited or  contraband  goods,  and  the  commancier  of  the  ship  shall  be 
ready  and  willing  to  deliver  them  to  the  captor  who  has  discovered 
them,  in  such  case  the  captor  having  received  those  goods  shall  forth- 
with discharge  the  ship,  and  not  hinder  her  by  any  means  freely  to 
prosecute  the  voj^age  on  which  she  was  bound.  But  in  case  the  con- 
traband merchandises  cannot  be  all  received  on  board  the  vessel  of  the 
captor,  then  the  captor  may,  notwithstanding  the  offer  of  delivering 
him  the  contraband  goods,  carry  the  vessel  into  the  nearest  port 
agreeable  to  what  is  above  directed. 

Article  XIV. 

On  the  contrary,  it  is  agreed  that  whatever  shall  be  found  to  be 
laden  by  the  subjects  and  inhabitants  of  either  party  on  any  ship 
belonging  to  the  enemys  of  the  other,  or  to  their  subjects,  the  whole, 
although  it  be  not  of  the  sort  of  prohibited  goods,  may  be  confiscated 
in  the  same  manner  as  if  it  belonged  to  the  enemy,  except  such  goods 
and  merchandizes  as  were  put  on  board  such  ship  before  the  declara- 
tion of  war,  or  even  after  such  declaration,  if  so  be  it  were  done  with- 
out knowledge  of  such  declaration.  So  that  the  goods  of  the  subjects 
and  people  of  either  party,  whether  they  be  of  the  nature  of  such  as 


474 


TREATIES,  CONVEKTIONS,  ETC. 


are  2:>i‘ohibited  or  otherwise,  which,  as  is  aforesaid,  were  jsut  on  board 
any  ship  belonging  to  an  enemy  before  the  war  or  after  the  declaration 
of  the  same,  without  the  knowledge  of  it,  shall  no  ways  be  liable  to 
confiscation,  but  shall  well  and  truely  be  restored  without  delay  to  the 
proprietors  demanding  the  same ; but  so  as  that  if  the  said  merchan- 
dizes be  contraband,  it  shall  not  be  any  ways  lawful  to  carry  them 
afterwards  to  any  ports  belonging  to  the  enemy.  The  two  contract- 
ing jiarties  agree,  that  the  term  of  two  months  being  jiassed  after  the 
declaration  of  war,  their  respective  subjects,  from  whatever  part  of 
the  world  they  come,  shall  not  jilead  the  ignorance  mentioned  in  this 
article. 

Article  XV. 

And  that  more  effectual  care  may  be  taken  for  the  security  of  the 
subjects  and  inhabitants  of  both  parties,  that  they  suffer  no  injui’y  by 
the  men-of-war  or  privateers  of  the  other  party,  all  the  commanders 
of  the  ships  of  His  Most  Christian  Majesty  and  of  the  said  United 
States,  and  all  their  subjects  and  inhabitants,  shall  be  forbid  doing 
any  injury  or  damage  to  the  other  side;  and  if  they  act  to  the  con- 
trary, they  shall  be  punished,  and  shall  moreover  be  bound  to  make 
satisfaction  for  all  matter  of  damage,  and  the  interest  thereof,  by 
reparation,  under  the  pain  and  obligation  of  their  jierson  and  goods. 

Article  XVI. 

All  shijis  and  merchandizes,  of  what  nature  soever,  which  shall  be 
rescued  out  of  the  hands  of  any  pirates  or  robbers  on  the  high  seas, 
shall  be  brought  into  some  port  of  either  State,  and  shall  be  delivered 
to  the  custody  of  the  officers  of  that  port,  in  order  to  be  restored  entire 
to  the  true  projirietor,  as  soon  as  due  and  sufficient  proof  shall  be 
made  concerning  the  projDertv  thereof. 

Article  XVII. 

It  shall  be  lawful  for  the  ships  of  war  of  either  party,  and  priva- 
teers, freely  to  carry  whithersoever  the}^  please  the  ships  and  goods 
taken  from  their  enemies,  without  being  obliged  to  pay  any  duty  to 
the  officers  of  the  admiralty  or  any  other  judges;  nor  shall  such  prizes 
be  arrested  or  seized  when  they  come  to  and  enter  the  jiorts  of  either 
jiarty ; nor  shall  the  searchers  or  other  officers  of  those  jilaces  search 
the  same,  or  make  examination  concerning  the  lawfulness  of  such 
prizes,  but  they  may  hoist  sail  at  an}^  time,  and  depart  and  carry  their 
jirizes  to  the  places  expressed  in  their  commissions,  which  the  com- 
manders of  such  ships  of  war  shall  be  obliged  to  show ; on  the  con- 
trary, no  shelter  or  refuge  shall  be  given  in  their  ports  to  such  as 
shall  have  made  prize  of  the  subjects,  people  or  property  of  either  of 
the  parties;  but  if  such  shall  come  in,  being  forced  by  stress  of 
weather,  or  the  danger  of  the  sea,  all  jiroper  means  shall  be  vigorously 
used  that  they  go  out  and  retire  from  thence  as  soon  as  possible. 

Article  XVIII. 

If  any  shiji  belonging  to  either  of  the  parties,  their  people  or  sub- 
jects, shall,  within  the  coasts  or  dominions  of  the  other,  stick  upon  the 


FKANCE 1778. 


475 


sands,  or  be  wrecked,  or,  suffer  any  other  damage,  all  friendly  assist- 
ance* and  relief  shall  be  given  to  the  persons  shipwrecked,  or  such  as 
shall  be  in  danger  thereof.  And  letters  of  safe  conduct  shall  likewise 
be  given  to  them  for  their  free  and  quiet  passage  from  thence  and  the 
return  of  every  one  to  his  own  countr3^ 

Article  'XIX. 

In  case  the  subjects  and  inhabitants  of  either  party,  with  their  ship- 
ping, whether  publick  and  of  war,  or  private  and  of  merchants,  be 
forced,  through  stress  of  weather,  pursuit  of  pirates  or  enemies,  or 
any  other  urgent  necessity  for  seeking  of  shelter  and  harbour,  to 
retreat  and  enter  into  any  of  the  rivers,  bays,  roads,  or  ports  belonging 
to  the  other  party,  they  shall  be  received  and  treated  with  all  humanity 
and  kindness,  and  enjo}'^  all  friendly  protection  and  help;  and  the}-^ 
shall  be  permitted  to  refresh  and  provide  themselves,  at  reasonable 
rates,  with  victuals  and  all  things  needful  for  the  sustenance  of  their 
persons  or  reparation  of  their  ships,  and  conveniency  of  their  voyage ; 
and  they  shall  no  ways  be  detained  or  hindered  from  returning  out  of 
the  said  ports  or  roads,  but  may  remove  and  depart  when  and  whither 
they  please,  without  any  let  or  hindrance. 

Article  XX. 

For  the  better  promoting  of  commerce  on  both  sides,  it  is  agreed 
that  if  a war  shall  break  out  between  the  said  two  nations,  six  months 
after  the  proclamation  of  war  shall  be  allowed  to  the  merchants  in  the 
cities  and  towns  where  they  live  for  selling  and  transporting  their 
goods  and  merchandizes ; and  if  any  thing  be  taken  from  them,  or  any 
injury  be  done  them  within  that  term  by  either  party,  or  the  people 
or  subjects  of  either,  full  satisfaction  shall  be  made  for  the  same. 

Article  XXI. 

No  subjects  of  the  Most  Christian  King  shall  apply  for  or  take  any 
commission,  or  letters  of  marque,  for  arming  any  ship  or  ships  to  act 
as  privateers  against  the  said  United  States,  or  any  of  them,  or  against 
the  subjects,  people  or  inhabitants  of  the  said  United  States,  or  any 
of  them,  or  against  the  property  of  any  of  the  inhabitants  of  any  of 
them,  from  any  Prince  or  State  with  which  the  said  United  States 
shall  be  at  war;  nor  shall  any  citizen,  subject  or  inhabitant  of  the  said 
United  States,  or  any  of  them,  apply  for  or  take  any  commission  or 
letters  of  marque  for  arming  any  ship  or  ships  to  act  as  privateers 
against  the  subjects  of  the  Most  Christian  King,  or  any  of  them,  or 
the  property  of  any  of  them,  from  any  Prince  or  State  with  which  the 
said  King  shall  be  at  war;  and  if  any  person  of  either  nation  shall 
take  such  commissions  or  letters  of  marque,  he  shall  be  punished  as  a 
pirate. 

Article  XXII. 

It  shall  not  be  lawful  for  any  foreign  privateers,  not  belonging  to 
subjects  of  the  Most  Christian  King  nor  citizens  of  the  said  United 
States,  who  have  commissions  from  any  other  Prince  or  State  in 


476 


TREATIES,  CONVENTIONS,  ETC. 


enmity  with  either  nation,  to  fit  their  ships  in  the  ports  of  either  the 
one  or  the  other  of  the  aforesaid  jiarties,  to  sell  what  they  have  t^iken, 
or  in  any  other  manner  whatsoever  to  exchange  their  ships,  merchan- 
dises or  any  other  lading;  neither  shall  they  be  allowed  even  to  pur- 
chase victuals,  except  such  as  shall  be  necessary  for  their  going  to 
the  next  jDort  of  that  Prince  or  State  from  which  they  have  commis- 
sions. 

Article  XXIII. 

It  shall  be  lawful  for  all  and  singular  the  subjects  of  the  Most 
Christian  King,  and  the  citizens,  people  and  inhabitants  of  the  said 
United  States,  to  sail  with  their  ships  with  all  manner  of  liberty  and 
security,  no  distinction  being  made  who  are  the  proprietors  of  the 
merchandizes  laden  thereon,  from  any  port  to  the  places  of  those  who 
now  are  or  hereafter  shall  be  at  enmity  with  the  Most  Christian  King 
or  the  United  States.  It  shall  likewise  be  lawful  for  the  subjects  and 
inhabitants  aforesaid  to  sail  with  the  ships  and  merchandizes  afore- 
mentioned, and  to  trade  with  the  same  libert}^  and  security  from  the 
places,  23orts  and  havens  of  those  who  are  enemies  of  both  or  either 
party,  without  any  opposition  or  disturbance  whatsoever,  not  only 
directly  from  the  jilaces  of  the  enemy  aforementioned  to  neutral 
places,  but  also  from  one  jihice  belonging  to  an  enemy  to  another 
jilace  belonging  to  an  enemy,  whether  they  be  under  the  jurisdiction 
of  the  same  Prince  or  under  several.  And  it  is  hereby  stijDulated  that 
free  shij^s  shall  also  give  a freedom  to  goods,  and  that  everything 
shall  be  deemed  to  be  free  and  exemjjt  which  shall  be  found  on  board 
the  shijDS  belonging  to  the  subjects  of  either  of  the  confederates, 
although  the  whole  lading  or  any  jiart  thereof  should  a2if)ertain  to  the 
enemies  of  either,  contraband  goods  being  always  excejited.  It  is 
also  agreed  in  like  manner  that  the  same  liberty  be  extended  to  per- 
sons who  are  on  board  a free  ship,  with  this  effect,  that  although  they 
be  enemies  to  both  or  either  party,  they  are  not  to  be  taken  out  of  that 
free  ship,  unless  they  are  soldiers  and  in  actual  service  of  the  enemies. 

Article  XXIV. 

This  liberty  of  navigation  and  commerce  shall  extend  to  all  kinds 
of  merchandizes,  excepting  those  only  which  are  distinguished  by  the 
name  of  contraband.;  and  under  this  name  of  contraband  or  pro- 
hibited goods  shall  be  comprehended  arms,  great  guns,  bombs  with 
the  fuzes,  and  other  things  belonging  to  them,  cannonball,  gunjiowder, 
match,  pikes,  swords,  lances,  spears,  halberds,  mortars,  iietards,  gra- 
nades,  saltpetre,  muskets,  musket -ball,  bucklers,  helmets,  breast-iilates, 
coats  of  mail,  and  the  like  kinds  of  arms  proper  for  arming  soldiers, 
musket-rests,  belts,  horses  with  their  furniture,  and  all  other  warlike 
instruments  whatever.  These  merchandizes  which  follow  shall  not 
be  reckoned  among  contraband  or  jirohibited  goods;  that  is  to  say, 
all  sorts  of  cloths,  and  all  other  manufactures  woven  of  any  wool, 
flax,  silk,  cotton  or  any  other  materials  whatever ; all  kinds  of  wearing 
apparel,  together  with  the  species  whereof  they  are  used  to  be  made ; 
gold  and  silver,  as  well  coined  as  uncoined,  tin,  iron,  latten,  copper, 
brass,  coals;  as  also  wheat  and  barley,  and  any  other  kind  of  corn 
and  pulse;  tobacco,  and  likewise  all  manner  of  spices;  salted  and 


FRANCE 1778. 


477 


smoked  flesh,  salted  fish,  cheese  and  butter,  beer,  oils,  wines,  sugars, 
and  all  sorts  of  salts ; and  in  general  all  provisions  which  serve  for  the 
nourishment  of  mankind  and  the  sustenance  of  life ; furthermore,  all 
kinds  of  cotton,  hemp,  flax,  tar,  pitch,  ropes,  cables,  sails,  sail-cloths, 
anchors  and  any  parts  of  anchors,  also  shij)s’  masts,  planks,  boards 
and  beams  of  what  trees  soever ; and  all  other  things  proper  either  for 
building  or  repairing  ships,  and  all  other  goods  whatever  which  have 
not  been  worked  into  the  form  of  any  instrument  or  thing  prejoared 
for  war  by  land  or  by  sea,  shall  not  be  reputed  contraband,  much  less 
such  as  have  been  already  wrought  and  made  up  for  any  other  use ; 
all  which  shall  be  wholly  reckoned  among  free  goods;  as  likewise  all 
other  merchandizes  and  things  which  are  not  comprehended  and  par- 
ticularly mentioned  in  the  foregoing  enumeration  of  contraband 
goods ; so  that  they  may  be  transported  and  carried  in  the  freest  man- 
ner by  the  subjects  of  both  confederates,  even  to  places  belonging  to 
an  enemy,  such  towns  or  places  being  only  excepted  as  are  at  that  time 
besieged,  blocked  up,  or  invested. 

Article  XXV. 

To  the  end  that  all  manner  of  dissentions  and  quarrels  may  be 
avoided  and  prevented,  on  one  side  and  the  other,  it  is  agreed  that  in 
case  either  of  the  parties  hereto  should  be  engaged  in  war,  the  ships 
and  vessels  belonging  to  the  subjects  or  people  of  the  other  ally  must 
be  furnished  with  sea-letters  or  passports,  expressing  the  name,  prop- 
erty and  bulk  of  the  ship,  as  also  the  name  and  place  of  habitation 
of  the  master  or  commander  of  the  said  ship,  that  it  may  appear 
thereby  that  the  ship  really  and  truly  belongs  to  the  subjects  of  one 
of  the  parties,  which  passport  shall  be  made  out  and  granted  accord- 
ing to  the  form  annexed  to  this  treaty ; they  shall  likewise  be  recalled 
every  year,  that  is,  if  the  ship  happens  to  return  home  within  the 
space  of  a year.  It  is  likewise  agreed  that  such  ships  being  laden 
are  to  be  provided  not  only  with  passports  as  above  mentioned,  but 
also  with  certificates,  containing  the  several  particulars  of  the  cargo, 
the  place  whence  the  ship  sailed,  and  whither  she  is  bound,  that  so  it 
may  be  known  whether  any  forbidden  or  contraband  goods  be  on 
board  the  same;  which  certificate  shall  be  made  out  by  the  officers  of 
the  place  whence  the  ship  set  sail,  in  the  accustomed  form ; and  if  any 
one  shall  think  it  fit  or  advisable  to  express  in  the  said  certificates  the 
person  to  whom  the  goods  on  board  belong,  he  may  freely  do  so. 

Article  XXVI. 

The  ships  of  the  subjects  and  inhabitants  of  either  of  the  parties 
coming  upon  any  coasts  belonging  to  either  of  the  said  allies,  but  not 
willing  to  enter  into  port,  or  being  entered  into  port  and  not  willing 
to  unload  their  cargoes  or  break  bulk,  they  shall  be  treated  according 
to  the  general  rules  prescribed  or  to  be  prescribed  relative  to  the 
object  in  question. 

Article  XXVII. 

If  the  ships  of  the  said  subjects,  people  or  inhabitants  of  either  of  the 
parties  shall  be  met  with,  either  sailing  along  the  coasts  or  on  the  high 
seas,  by  any  ship  of  war  of  the  other,  or  by  any  privateers,  the  said 


478 


TREATIES,  CONVENTIONS,  ETC. 


ships  of  war  or  privateers,  for  the  avoiding  of  any  disorder,  shall 
remain  out  of  cannon-shot,  and  may  send  their  boats  aboard  the 
merchant  ship  which  they  shall  so  meet  with,  and  may  enter  her  to 
number  of  two  or  three  men  only,  to  whom  the  master  or  commander 
of  such  ship  or  vessel  shall  exhibit  his  passport  concerning  the  prop- 
erty of  the  ship,  made  out  according  to  the  form  inserted  in  this  pres- 
ent treaty,  and  the  ship,  when  she  shall  have  showed  such  passport, 
shall  be  free  and  at  liberty  to-  pursue  her  voyage,  so  as  it  shall  not  be 
lawful  to  molest  or  search  her  in  any  manner,  or  to  give  her  chase 
or  force  her  to  quit  her  intended  course. 

Article  XXVIII. 

It  is  also  agreed  that  all  goods,  when  once  put  on  board  the  ships  or 
vessels  of  either  of  the  two  contracting  parties,  shall  be  subject  to  no 
farther  visitation ; but  all  visitation  or  search  shall  be  made  before- 
hand, and  all  prohibited  goods  shall  be  stopped  on  the  spot,  before 
the  same  be  put  on  board,  unless  there  are  manifest  tokens  or  proofs 
of  fraudulent  practice;  nor  shall  either  the  persons  or  goods  of  the 
subjects  of  His  Most  Christian  Majesty  or  the  United  States  be  put 
under  any  arrest  or  molested  by  any  other  kind  of  embargo  for  that 
cause;  and  only  the  subject  of  that  State  to  whom  the  said  goods  have 
been  or  shall  be  prohibited,  and  who  shall  presume  to  sell  or  alienate 
such  sort  of  goods,  shall  be  duly  punished  for  the  offence. 

Article  XXIX. 

The  two  contracting  parties  grant  mutually  the  liberty  of  having 
each  in  the  ports  of  the  other  Consuls,  Vice-Consuls,  Agents,  and 
Commissiaries,  whose  functions  shall  be  regulated  by  a particular 
agreement. 

Article  XXX. 

And  the  more  to  favour  and  facilitate  the  commerce  which  the  sub- 
jects of  the  United  States  may  have  with  France,  the  Most  Christian 
King  will  grant  them  in  Europe  one  or  more  free  ports,  where  they 
may  bring  and  dispose  of  all  the  produce  and  merchandize  of  the 
thirteen  United  States;  and  His  Majesty  will  also  continue  to  the 
subjects  of  the  said  States  the  free  ports  which  have  been  and  are 
open  in  the  French  islands  of  America;  of  all  which  free  ports  the 
said  subjects  of  the  United  States  shall  enjoy  the  use,  agreeable  to  the 
regulations  which  relate  to  them. 

Article  XXXI. 

The  present  treaty  shall  be  ratified  on  both  sides,  and  the  ratifica- 
tions shall  be  exchanged  in  the  space  of  six  months,  or  sooner  if 
possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  the 
above  articles,  both  in  the  French  and  English  languages,  declaring, 
nevertheless,  that  the  present  treaty  was  originally  composed  and 
concluded  in  the  French  language,  and  they  have  thereto  affixed  their 
seals. 


FBANCE — IT’TS. 


479 


Done*at  Paris  this  sixth  day  of  February,  one  thousand  seven  hun- 
dred and  seventy-eight. 

[seal.]  C.  a.  Gerard, 

[seal.]  B.  Franklin, 

[seal.]  Silas  Deane, 

[seal.]  Arthur  Lee. 


annex  to  the  treaty  of  amity  and  commerce  between  the 

UNITED  STATES  AND  FRANCE  OF  FEBRUARY  6,  1778. 

Form  of  the  passports  and  letters,  which  are  to  be  given  to  the  ships 
and  barks,  according  to  the  twenty-seventh  article  of  this  treaty. 

To  all  Avho  shall  see  these  presents  greeting:  It  is  hereby  made 
known  that  leave  and  permission  has  been  given  to mas- 
ter and  commander  of  the  ship  called of  the  town  of 

burthen tons  or  thereabouts,  lying  at  present  in  the  port  and 

haven  of and  bound  for and  laden  with ; after 

that  his  ship  has  been  visited  and  before  sailing  he  shall  make 
oath  before  the  officers  who  have  the  jurisdiction  of  maritime 
affairs,  that  the  said  ship  belongs  to  one  or  more  of  the  subjects 

of  , the  act  whereof  shall  be  put  at  the  end  of  these 

presents,  as  likewise  that  he  will  keep  and  cause  to  be  kept  by 
his  crew  on  board,  the  marine  ordinances  and  regulations,  and 
enter  in  the  proper  office  a list  signed  and  witnessed  containing  the 
names  and  surnames,  the  places  of  birth  and  abode  of  the  crew  of  his 
ship  and  of  all  who  shall  embark  on  board  her,  whom  he  shall  not 
take  on  board  without  the  knowledge  and  permission  of  the  officers  of 
the  marine ; and  in  every  port  or  haven,  where  he  shall  enter  with  his 
ship  he  shall  shew  this  present  leave  to  the  officers  and  judges  of  the 
marine,  and  shall  give  a faithful  account  to  them  of  what  passed  and 
was  done  during  his  voyage,  and  he  shall  carry  the  colours,  arms  and 
ensigns  of  the  (King,  or  United  States)  during  his  voyage.  In  wit- 
ness whereof  we  have  signed  these  presents  and  put  the  seal  of  our 

arms  thereunto,  and  caused  the  same  to  be  countersigned  by 

at the day  of A.  D. . 


1778.“ 

Treaty  of  Alliance. 

Concluded  at  Paris  February  6,1778;  ratif  ed  by  Congress  May  1778. 

Articles. 


I.  Alliance  against  Great  Britain. 

II.  Independence  of  the  United  States. 

III.  Efforts  to  be  made  against  Great 

Britain. 

IV.  Concurrent  operations. 

V.  Conquests  to  belong  to  United 
States. 

VI.  Relinquishment  of  territory  by 
France. 


VII.  Conquests  to  belong  to  France. 

VIII.  Islands  in  Gulf  of  Mexico. 

IX.  Renunciation  of  claims. 

X.  Powers  invited  to  accede  to  alli- 
ance. 

XI.  Proprietary  rights. 

XII.  Duration. 

XIII.  Ratification. 


The  Most  Christian  King  and  the  United  States  of  North  America, 
to  wit : New  Hampshire,  Massachusetts  Bay,  Rhodes  Island,  Connecti- 


“ This  treaty  was  abrogated  by  act  of  Congress  of  July  7,  1798. 


480 


TKEATIES,  COlSrVEXTIONS,  ETC. 


cut,  New  York,  New  Jersey,  Pennsylvania,  Delaware,  Maryland,  Vir- 
ginia, North  Carolina,  South  Carolina,  and  Georgia,  having  this  day 
concluded  a treaty  of  amity  and  commerce,  for  the  reciprocal  advan- 
tage of  their  subjects  and  citizens,  have  thought  it  necessary  to  take 
into  consideration  the  means  of  strengthening  those  engagements,  and 
of  rendering  them  useful  to  the  safety  and  tranquility  of  the  two 
parties;  particularly  in  case  Great  Britain,  in  resentment  of  that 
connection  and  of  the  good  correspondence  which  is  the  object  of  the 
said  treaty,  should  break  the  peace  with  France,  either  by  direct 
hostilities,  or  by  hindering  her  commerce  and  navigation  in  a manner 
contrary  to  the  rights  of  nations,  and  the  peace  subsisting  between 
the  two  Crowns.  And  His  Majesty  and  the  said  United  States,  having 
resolved  in  that  case  to  join  their  councils  and  efforts  against  the 
enterprises  of  their  common  enemy,  the  respective  Plenipotentiaries 
impowered  to  concert  the  clauses  and  conditions  proper  to  fulfil  the 
said  intentions,  have,  after  the  most  mature  deliberation,  concluded 
and  determined  on  the  following  articles: 

Article  I. 

If  war  should  break  out  between  France  and  Great  Britain  during 
the  continuance  of  the  present  war  between  the  United  States  and 
England,  His  Majesty  and  the  said  United  States  shall  make  it  a 
common  cause  and  aid  each  other  mutually  with  their  good  offices, 
their  counsels  and  their  forces,  according  to  the  exigence  of  conjunc- 
tures, as  becomes  good  and  faithful  allies. 

Article  II. 

The  essential  and  direct  end  of  the  present  defensive  alliance  is  to 
maintain  effectually  the  liberty,  sovereignty,  and  independance  abso- 
lute and  unlimited,  of  the  said  United  States,  as  well  in  matters  of 
government  as  of  commerce. 

Article  III. 

The  two  contracting  parties  shall  each  on  its  own  part,  and  in  the 
manner  it  may  judge  most  proper,  make  all  the  efforts  in  its  power 
against  their  common  enemy,  in  order  to  attain  the  end  proposed. 


Article  IV. 

The  contracting  parties  agree  that  in  case  either  of  them  should 
form  any  particular  enterprise  in  which  the  concurrence  of  the,  other 
may  be  desired,  the  party  whose  concurrence  is  desired,  shall  readily, 
and  with  good  faith,  join  to  act,  in  concert  for  that  purpose,  as  far  as 
circumstances  and  its  own  particular  situation  will  permit;  and  in 
that  case,  they  shall  regulate,  by  a particular  convention,  the  quantity 
and  kind  of  succour  to  be  furnished,  and  the  time  and  manner  of  its 
being  brought  into  action,  as  well  as  the  advantages  which  are  to  be 
its  compensation. 


FRANCE 1778. 


481 


Article  V. 

If  the  United  States  should  think  fit  to  attempt  the  reduction  of 
the  British  power,  remaining  in  the  northern  parts  of  America,  or 
the  islands  of  Bermudas,  those  countries  or  islands,  in  case  of  success, 
shall  be  confederated  with  or  dependant  upon  the  said  United  States. 

Article  VI. 

The  Most  Christian  King  renounces  forever  the  possession  of  the 
islands  of  Bermudas,  as  well  as  of  any  part  of  the  continent  of  North 
America,  which  before  the  treaty  of  Paris  in  1763,  or  in  virtue  of  that 
treaty,  were  acknowledged  to  belong  to  the  Crown  of  Great  Britain, 
or  to  the  United  States,  heretofore  called  British  Colonies,  or  which 
are  at  this  time,  or  have  lately  been  under  the  power  of  the  King  and 
Crown  of  Great  Britain. 

Article  VII. 

If  His  Most  Christian  Majesty  shall  think  proper  to  attack  any  of 
the  islands  situated  in  the  Gulph  of  Mexico,  or  near  that  Gulph, 
which  are  at  present  under  the  power  of  Great  Britain,  all  the  said 
isles,  in  case  of  success,  shall  appertain  to  the  Crown  of  France. 

Article  VIII. 

Neither  of  the  two  parties  shall  conclude  either  truce  or  peace  with 
Great  Britain  without  the  formal  consent  of  the  other  first  obtained ; 
and  they  mutually  engage  not  to  lay  down  their  arms  until  the  inde- 
pendence of  the  United  States  shall  have  been  formally  or  tacitly 
assured  by  the  treaty  or  treaties  that  shall  terminate  the  war. 

Article  IX. 

The  contracting  parties  declare,  that  being  resolved  to  fulfil  each 
on  its  own  part  the  clauses  and  conditions  of  the  present  treaty  of 
alliance,  according  to  its  own  power  and  circumstances,  there  shall  be 
no  after  claim  of  compensation  on  one  side  or  the  other,  whatever 
may  be  the  event  of  the  war. 

Article  X. 

The  Most  Christian  King  and  the  United  States  agree  to  invite  or 
admit  other  powers  who  may  have  received  injuries  from  England, 
to  make  common  cause  with  them,  and  to  accede  to  the  present  alli- 
ance, under  such  conditions  as  shall  be  freely  agreed  to  and  settled 
between  all  the  parties. 

Article  XI. 

The  two  parties  guarantee  mutually  from  the  present  time  and  for- 
ever against  all  other  powers,  to  wit : The  United  States  to  His  Most 
Christian  Majesty,  the  present  possessions  of  the  Crown  of  France  in 
America,  as  well  as  those  which  it  may  acquire  by  the  future  treaty 
of  peace:  And  His  Most  Christian  Majesty  guarantees  on  his  part  to 
the  United  States  their  liberty,  sovereignty  and  independence,  abso- 
24440— VOL  1— 10 31 


482 


TREATIES,  CONVENTIOKS,  ETC. 


lute  and  unlimited,  as  well  in  matters  of  government  as  commerce,  and 
also  their  possessions,  and  the  additions  or  conquests  that  their  con- 
federation may  obtain  during  the  war,  from  any  of  the  dominions 
now,  or  heretofore  possessed  by  Great  Britain  in  North  America, 
conformable  to  the  5th  and  Cth  articles  above  written,  the  whole  as 
their  possessions  shall  be  fixed  and  assured  to  the  said  States,  at  the 
moment  of  the  cessation  of  their  present  war  with  England. 

Article  XII. 

In  order  to  fix  more  precisely  the  sense  and  application  of  the  pre- 
ceding article,  the  contracting  parties  declare,  that  in  case  of  a 
rupture  between  France  and  England  the  reciprocal  guarantee  de- 
clared in  the  said  article  shall  have  its  full  force  and  etl'ect  the  moment 
such  war  shall  break  out;  and  if  such  rupture  shall  not  take  place, 
the  mutual  obligations  of  the  said  guarantee  shall  not  commence  until 
the  moment  of  the  cessation  of  the  present  war  between  the  United 
States  and  England  shall  have  ascertained  their  possessions. 


Article  XIII. 

The  present  treaty  shall  be  ratified  on  both  sides,  and  the  ratifica- 
tions shall  be  exchanged  in  the  space  of  six  months,  or  sooner  if 
possible. 

In  faith  whereof  the  respective  Plenipotentiaries,  to  wit;  On  the 
part  of  the  Most  Christian  King,  Conrad  Alexander  Gerard,  Koyal 
Syndic  of  the  city  of  Strasbourg!!,  and  Secretary  of  His  Majesty’s 
Council  of  State;  and  on  the  part  of  the  United  States,  Benjamin 
Franklin,  Deputy  to  the  General  Congress  from  the  State  of  Pennsyl- 
vania, and  President  of  the  Convention  of  the  same  State,  Silas  Deane, 
heretofore  Deputy  from  the  State  of  Connecticut,  and  Arthur  Lee, 
Councellor  at  Law,  have  signed  the  above  articles  both  in  the  French 
and  English  languages,  declaring,  nevertheless,  that  the  present 
treaty  was  originally  composed  and  concluded  in  the  French  language, 
and  they  have  hereunto  affixed  their  seals. 

Done  at  Paris,  this  sixth  day  of  February,  one  thousand  seven  hun- 
dred and  seventy-eight. 

[seal.]  C.  a.  Gerard. 

[seal.]  B.  Franklin. 

[seal.]  Silas  Deane. 

[seal.]  Arthur  Lee. 


ITTS." 

Act  Separate  and  Secret  Reserving  Right  of  King  of  Spain  to 
Agree  to  the  Foregoing  Treaties. 

Concluded  Fehruary  6,  1778;  ratified  hy  the  Continental  Congress 
May  4,  1778,  ratifications  exchanged  at  Paris  July  17,  1778. 

The  most  Christian  King  declared  in  consequence  of  the  intimate 
union  which  subsists  between  him  and  the  King  of  Spain,  that  in 


Abrogated  by  Act  of  Congress  July  7,  1798. 


FRANCE — 1778-1182. 


483 


concluding  with  the  United  States  of  America  this  treaty  of  amity 
and  commerce,  and  that  of  eventual  and  defensive  alliance,  his 
Majesty  hath  intended,  and  intends,  to  reserve  expressly,  as  he  re- 
serves by  this  present  separate  and  secret  act,  to  his  said  Catholick 
Majesty  the  power  of  acceding  to  the  said  treatys,  and  to  participate 
in  their  stipulations  at  such  time  as  he  shall  judge  proper.  It  being 
well  understood,  nevertheless,  that  if  any  of  the  stipulations  of  the 
said  treatys  are  not  agreeable  to  the  King  of  Spain,  His  Catholick 
Majesty  may  propose  other  conditions  analogous  to  the  principal 
aim  of  the  alliance  and  conformable  to  the  rules  of  equality,  reci- 
procity and  friendship. 

The  Deputies  of  the  United  States,  in  the  name  of  their  constitu- 
ents, accept  the  present  declaration  in  its  full  extent,  and  the  Deputy 
of  the  said  States  who  is  fully  impowered  to  treat  with  Spain 
promises  to  sign,  on  the  first  requisition  of  His  Catholic  Majesty, 
the  act  or  acts  necessary  to  communicate  to  him  the  stipulations  of 
the  treaties  above  written;  and  the  said  Deputy  shall  endeavor,  in 
good  faith,  the  adjustment  of  the  points  in  which  the  King  of  Spain 
may  propose  any  alteration  conformable  to  the  principles  of  equality, 
reciprocity  and  the  most  sincere  and  perfect  amity,  he,  the  said 
Deputy,  not  doubting  but  that  the  person  or  persons  impower’d  by 
His  Catholic  Majesty  to  treat  with  the  United  States  will  do  the 
Same  with  regard  to  any  alterations  of  the  same  kind  that  may  be 
thought  necessary  by  the  said  PlenijDotentiary  of  the  United  States. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  the 
the  present  separate  and  secret  article,  and  affixed  to  the  same  their 
seals. 

Done  at  Paris  this  sixth  day  of  February,  one  thousand  seven  hun- 
dred and  seventy-eight. 

[seal.]  C.  a.  Gerard. 

[seal.]  B.  Franklin. 

[seal.]  Silas  Deane. 

[seal.]  Arthur  Lee, 

Deputy^  Plenipotentiary  for  France  and  Spain. 


1782. 

Contract  for  the  Payment  of  Loans  to  His  Most  Christian 

Majesty. 

Concluded  July  16.,  1782;  ratified  by  the  Continental  Congress 
January  22,  1783. 

Articles. 


I.  Amount  of  loans. 

II.  Repayment  of  loans. 

III.  Abatement  of  interest. 

IV.  Interest  to  diminish. 

V.  Foreign  loans  acknowledged. 


VI.  Engagement  to  repay  Holland. 

VII.  Agreement  of  the  United  States 
to  pay. 

VIII.  Interest  on  the  loan  to  Holland. 


The  King  having  been  pleased  to  attend  to  the  requests  made  to 
him  in  the  name  and  on  behalf  of  the  United  Provinces  of  North 
America,  for  assistance  in  the  war  and  invasion  under  which  they 


484 


TKEATIES,  CONVENTIONS,  ETC. 


had  for  several  years  groaned;  and  His  Majesty,  after  entering  into 
a treaty  of  amity  and  commerce  with  the  said  Confederated  Prov- 
inces, on  the  6th  of  February,  1778,  having  had  the  goodness  to  sup- 
port them,  not  only  with  his  forces  by  land  and  sea,  but  also  with 
advances  of  money,  as  abundant  as  they  were  effectual,  in  the  critical 
situation  to  which  their  affairs  were  reduced:  it  has  been  judged 
proper  and  necessary  to  state  exactly  the  amount  of  those  advances, 
the  conditions  on  which  the  King  made  them,  the  periods  at  which 
the  Congress  of  the  United  States  have  engaged  to  repay  them  to  his 
Majesty’s  royal  treasury,  and,  in  fine,  to  state  this  matter  in  such  a 
way  as  for  the  future  to  prevent  all  difficulties  capable  of  interrupt- 
ing the  good  harmony  which  his  Majesty  is  resolved  to  maintain 
and  preserve  between  him  and  the  said  United  States.  For  executing 
so  laudable  a purpose,  and  with  a view  to  strengthen  the  bands  of 
amity  and  commerce  which  subsist  between  His  Majesty  and  the  said 
United  States;  we,  Charles  Gravier  de  Vergennes,  &c.,  Counsellor  of 
the  King,  in  all  his  councils,  Commander  of  his  Orders,  Minister  and 
Secretary  of  State,  and  of  his  commands  and  finances,  vested  with 
full  powers  of  His  Majesty  to  us  given  for  this  purpose:  and  we, 
Benjamin  Franklin,  Minister  Plenipotentiary  of  the  United  States 
of  North  America,  in  like  manner  vested  with  full  powers  of  the 
Congress  of  the  said  States  for  the  present  purpose;  after  duly  com- 
municating our  respective  powers  have  agreed  to  the  following 
articles : 

Article  I. 

It  is  agreed  and  certified  that  the  sums  advanced  by  His  Majesty  to 
the  Congress  of  the  United  States,  under  the  title  of  a loan,  in  the 
years  1778,  1779,  1780,  1781,  and  the  present,  1782,  amount  to  the 
sum  of  eighteen  million  of  livres,  money  of  France,  according  to  the 
following  twenty-one  receipts  of  the  above  mentioned  under  written 
Minister  of  Congress,  given  in  virtue  of  his  full  powers,  to  wit : 


1,  28  February,  1778 750,000 

2, 19  May,  ditto 759,  000 

3,  3 August,  ditto 750, 000 

4,  1 November,  ditto 750,  000 

- ■ - - 3, 000, 000 

5, 10  June,  1779 250,  000 

6, 16  September,  ditto 250,000 

7,  4 October,  ditto 250,  000 

8,  21  December,  ditto 250,  000 

^ 1,000,000 

9,  29  February,  1780 750,000 

10,  23  May,  ditto 750,  000 

11,  21  June,  ditto 750,000 

12,  5 October,  ditto 750, 000 

13,  27  November,  ditto 1,  000,  000 

4, 000, 000 

14. 15  February,  1781 750,  000 

15. 15  May,  ditto 750,  000 

16. 15  August,  ditto 750,  000 

17,  1 August,  ditto 1,  000,  000 

18. 15  November,  ditto 750,  000 


4, 000, 000 


FKANCE 1’782.  48  5 

19, 10  April,  1782 1,500,000 

20,  1 July,  ditto 1,  500,  000 

21,  5 of  the  same  month 3,  000,  000 

6, 000, 000 


Amounting  in  the  whole  to  18  millions,  viz 18,  000,  000 


By  which  receipts  the  said  Minister  has  promised,  in  the  name  of 
Congress,  and  in  behalf  of  the  thirteen  United  States,  to  cause  to  be 
paid  and  reimbursed  to  the  royal  treasury  of  His  Majesty,  on  the  1st 
of  January,  1788,  at  the  house  of  his  grand  banker  at  Paris,  the  said 
sum  of  eighteen  millions,  money  of  France,  with  interest  at  5 per  cent, 
per  annum. 

Article  II. 

Considering  that  the  payment  of  so  large  a capital  at  the  one  stipu- 
lated period,  the  1st  of  January,  1788,  may  greatly  injure  the  finances 
of  the  Congress  of  the  United  States,  and  it  may  perhaps  be  even 
impracticable  on  that  footing.  His  Majesty  has  been  pleased  for  that 
reason  to  recede  in  that  respect  from  the  tenor  of  the  receipts  which 
the  Minister  of  Congress  has  given  for  the  eighteen  million  livres 
tournois,  mentioned  in  the  foregoing  article,  and  has  consented  that 
the  payment  of  the  capital  in  ready  money,  at  the  royal  treasury,  be 
in  twelve  equal  payments  of  1,500,000  livres  each,  and  in  twelve  years 
only,  to  commence  from  the  third  year  after  a peace. 

Article  III. 

Although  the  receipts  of  the  Minister  of  the  Congress  of  the  United 
States  specify  that  the  eighteen  million  of  livres  above  mentioned 
are  to  be  paid  at  the  royal  treasury,  with  interest  at  five  per  cent, 
per  annum.  His  Majesty  being  willing  to  give  the  said  United  States 
a new  proof  of  his  affection  and  friendship,  has  been  pleased  to  make 
a present  of,  and  to  forgive  the  whole  arrears  of  interest  to  this  day, 
and  from  thence  to  the  date  of  the  treaty  of  peace ; a favor  which  the 
Minister  of  the  Congress  of  the  United"  States  acknowledges  to  flow 
from  the  pure  bounty  of  the  King,  and  which  he  accepts  in  the  name 
of  the  said  United  States  with  profound  and  lively  acknowledgments. 

Article  IV. 

The  payment  of  the  said  eighteen  millions  of  livres  tournois  shall 
be  in  ready  money  at  the  royal  treasury  of  His  Majesty  at  Paris,  in 
twelve  equal  parts,  and  at  the  terms  stipulated  in  the  above  second 
article.  The  interest  of  the  said  sum,  at  five  per  cent,  per  annum, 
shall  commence  with  the  date  of  the  treaty  of  peace,  and  shall  be  paid 
at  every  period  of  the  partial  payments  of  the  capital,  and  shall 
diininish  in  proportion  with  the  payments.  The  Congress  of  the  said 
United  States  being  left,  however,  at  liberty  to  free  themselves  sooner 
from  this  obligation  by  anticipated  payments,  in  case  the  state  of 
their  finances  will  admit. 


486 


TREATIES,  CONVENTIONS,  ETC. 


Article  V. 

Although  the  loan  of  five  millions  of  florins  of  Holland,  agreed  to 
by  the  States  General  of  the  United  Provinces  of  the  Netherlands,  on 
the  terms  of  the  obligations  passed  on  the  5th  of  November,  1781, 
between  His  Majesty  and  the  said  States  General,  has  been  made  in 
His  Majesty’s  name,  and  guaranteed  by  him,  it  is  nevertheless 
acknowledged  by  these  presents,  that  the  said  loan  was  made  in 
reality  on  account,  and  for  the  service,  of  the  United  States  of  North 
America,  and  that  the  capital,  amounting,  at  a moderate  valuation, 
to  the  sum  of  ten  millions  livres  tournois,  has  been  paid  to  the  said 
United  States,  agreeably  to  a receipt  for  the  payment  of  the  said  sum 
given  by  the  undersigned  Minister  of  Congress  the  seventh  day  of 
June  last. 

Article  -VI. 

By  the  convention  of  the  said  5th  of  November,  1781,  the  King  has 
been  pleased  to  promise  and  engage  to  furnish  and  pay  at  the  general 
counter  of  the  States  General  of  the  Netherlands,  the  capital  of  the 
said  loan,  with  the  interest  at  four  per  cent,  per  annum,  without  any 
charge  or  deduction  whatever  to  the  lenders,  so  that  the  said  capital 
shall  be  wholly  repaid  after  the  space  of  five  j’ears,  the  payments  to 
be  made  in  ten  equal  periods,  the  first  of  which  to  commence  the  sixth 
year  from  the  date  of  the  loan,  and  afterivards  from  year  to  year  to 
the  final  payment  of  the  said  sum ; but  it  is  in  like  manner  acknowl- 
edged by  this  act  that  this  engagement  was  entered  into  by  the  King 
at  the  request  of  the  undersigned  Minister  of  the  United  States,  and 
on  the  promises  by  him  made  in  the  name  of  Congress,  and  on  behalf 
of  the  thirteen  United  States,  to  cause  to  be  reimbursed  and  paid  at 
the  royal  treasury  of  His  Majesty  at  Paris,  the  capital,  interest,  and 
cost  of  the  said  loan,  according  to  the  conditions  and  terms  fixed  by 
the  said  convention  of  the  5th  of  November,  1781. 

Article  VII. 

It  is  accordingly  agreed  and  settled  that  the  sum  of  ten  million 
livres  tournois,  being,  by  a moderate  computation,  the  principal  of  the 
loan  of  five  millions  of  Holland  florins  above  mentioned,  shall  be 
reimbursed,  and  paid  in  ready  money  at  the  royal  treasury  of  His 
Majesty  at  Paris,  with  the  interest  at  four  per  cent,  per  annum,  in  ten 
equal  payments,  of  one  million  each,  and  in  ten  terms,  the  first  of 
which  shall  be  on  the  5th  of  November,  1787,  the  second,  the  5th 
November,  1788,  and  so  from  year  to  year  till  the  final  payment  of  the 
said  sum  of  ten  millions,  the  interest  lessening  in  proportion  with  the 
partial  payments  of  the  capital.  But  in  consequence  of  the  King’s 
affection  for  the  United  States,  His  Majesty  has  been  pleased  to 
charge  himself  with  the  expense  of  commissions  and  bank  for  the  said 
loan,  of  which  expenses  His  Majesty  has  made  a jiresent  to  the  United 
States,  and  this  their  undersigned  Minister  accepts,  with  thanks,  in 
the  name  of  Congress,  as  a new  proof  of  His  Majesty’s  generosity  and 
friendship  for  the  said  United  States. 


FKANCE — 1782-1783. 


487 


Article  VIII. 

With  regard  to  the  interest  of  the  said  loan  during  the  five  years 
preceding  the  first  term  of  payment  of  the  capital,  as  the  King  has 
engaged  to  pay  it  at  the  general  counter  of  the  States  General  of  the 
Netherlands,  at  the  rate  of  four  per  cent,  yearly,  and  every  year, 
counting  from  the  5th  of  November,  1781,  according  to  the  convention 
of  that  day,  the  Minister  of  Congress  acknowledges  that  the  repayment 
of  that  is  due  to  His  Majesty  by  the  United  States,  and  he  engages, 
in  the  name  of  the  said  United  States,  to  cause  payment  thereof  to 
be  made  at  the  same  time  and  at  the  same  rate  at  the  royal  treasury 
of  His  Majesty;  the  first  year’s  interest  to  be  paid  the  5th  of  Novem- 
ber next,  and  so  yearly,  during  the  five  years  preceding  the  first  term 
for  the  payment  of  the  capital,  fixed  as  above  on  the  5th  of  November, 
1787. 

The  high  contracting  parties  reciprocally  bind  themselves  to  the 
faithful  observance  of  this  contract,  the  ratifications  of  which  shall  be 
exchanged  in  the  space  of  nine  months  from  this  day,  or  sooner  if 
possible. 

In  testimony  whereof  we,  the  said  Plenipotentiaries  of  His  Most 
Christian  Majesty,  and  of  the  thirteen  United  States  of  North 
America,  in  virtue  of  our  respective  powers,  have  signed  these  pres- 
ents, and  thereunto  fixed  the  seal  of  our  arms. 

Done  at  Versailles  the  16th  day  of  July,  one  thousand  seven  hun- 
dred and  eighty-two. 

[seal.]  Gravier  de  Vergennes. 

[seal.]  B.  Franklin. 


1783. 


Contract  for  a New  Loan  of  Six  Million  Livres  from  His  Most 
Christian  Majesty  and  for  the  Payment  of  Old  Loans. 


Concluded  February  25^  1783,’  rati-fied  by  the  Continental  Congress 
October  31,  1783. 

Articles. 


I.  Payment. 

II.  Periods  for  reimbursements. 

III.  Manner  of  refund. 


IV.  Interest. 

V.  Interest. 

VI.  Ratification. 


The  re-established  peace  between  the  belligerent  Powers,  the  advan- 
tages of  a free  commerce  to  all  parts  of  the  globe,  and  the  independ- 
ence of  the  thirteen  United  States  of  North  America,  acknowledged 
and  founded  on  a solid  and  honorable  basis,  rendered  it  probable  that 
the  said  States  would  be  in  a condition  to  provide  hereafter  for  their 
necessities  by  means  of  the  resources  within  themselves  without  being 
compelled  to  implore  the  continuation  of  the  succours  which  the  King 
has  so  liberally  granted  during  the  war : But  the  Minister  Plenipoten- 
tiary of  the  said  United  States  to  His  Majesty,  having  represented  to 
him  the  exhausted  .state  to  which  they  had  been  reduced  by  a long  and 
disastrous  war.  His  Majesty  has  condescended  to  take  into  considera- 
tion the  request  made  by  the  aforesaid  Minister,  in  the  name  of  the 


488 


TREATIES,  CONVENTIONS,  ETC. 


Congress  of  the  said  States,  for  a new  advance  of  money  to  answer 
numerous  purposes  of  urgent  and  indispensable  expenses  in  the  course 
of  the  present  year;  His  Majesty  has  in  consequence  determined,  not- 
withstanding the  no  less  pressing  necessities  of  his  own  service,  to 
grant  to  Congress  a new  pecuniaiw  assistance,  which  he  has  fixed  at 
the  sum  of  six  millions  livres  tournois,  under  the  title  of  loan,  and 
under  the  guaranty  of  the  whole  thirteen  United  States,  which  the 
Minister  of  Congress  has  declared  his  accejitance  of,  with  the  liveliest 
acknowledgments,  in  the  name  of  the  said  States. 

And  as  it  is  necessary  to  the  good  order  of  His  Majesty’s  finances, 
and  also  useful  to  the  operations  of  the  finances  of  the  United  States, 
to  assign  periods  for  payment  of  the  six  millions  livres  in  question, 
and  to  regulate  the  conditions  and  terms  of  reimbursement  which 
should  be  made  at  His  Majesty’s  royal  treasury  at  Paris,  after  the 
manner  of  what  has  been  stipulatecl  for  the  preceding  advances,  by  a 
former  contract  of  the  16th  July,  1782 — 

We,  Charles  Gravier,  Count  de  Vergennes,  &c..  Counsellor  of  the 
King  in  his  Councils,  Commander  of  his  Orders,  Chief  of  the  Royal 
Council  of  Finances,  Counsellor  of  State,  &c..  Minister  and  Secretary 
of  State  and  of  his  commands  and  finances,  invested  with  full  powers 
by  His  Majesty,  given  to  us  for  the  purpose  of  these  presents:  And 
we,  Benjamin  Franklin,  Minister  and  Plenipotentiary  of  the  United 
States  of  North  America,  likewise  invested  with  full  powers  by  the 
Congress  of  said  States,  for  the  same  purpose  of  these  presents,  after 
having  compared  and  duly  communicated  to  each  other  our  respective 
powers,  have  agreed  on  the  following  articles : 

Article  I. 

The  payment  of  the  six  millions  livres,  French  money,  above  men- 
tioned, shall  be  made  from  the  funds  of  the  royal  treasury  in  propor- 
tions of  five  hundred  thousand  livres  during  each  of  the  twelve  months 
of  the  present  year,  under  the  acknowledgments  of  the  Minister  of  the 
said  United  States,  promising  in  the  name  of  Congress  and  in  behalf 
of  the  thirteen  United  States,  to  reimburse  and  refund  the  said  six 
millions  livres,  in  ready  money,  at  His  Majesty’s  royal  treasurv,  at  the 
house  of  the  sieur  grand  banker  at  Paris,  with  interest  at  five  per 
cent,  per  annum  at  periods  hereafter  stipulated  in  the  third  and  fourth 
articles.  The  advances  which  his  Majesty  has  been  pleased  to  allow 
to  be  made  on  account  of  the  six  millions  in  question  shall  be  deducted 
in  the  payments  of  the  first  month  of  this  year. 

Article  II. 

For  better  understanding  the  fixing  of  periods  for  the  reimbursement 
of  the  six  millions  at  the  ro^yal  treasurv,  and  to  prevent  all  ambiguity 
on  this  head,  it  has  been  found  proper  to  recapitulate  here  the  amount 
of  the  preceding  aids  granted  by  the  King  to  the  United  States,  and 
to  distinguish  them  according  to  their  different  classes.  The  first  is 
composed  of  funds  lent  successively  by  His  Majesty,  amounting  in  the 
whole  to  the  sum  of  eighteen  millions  livres,  reimbursable  in  specie  at 
the  royal  treasury  in  twelve  equal  portions  of  a million  five  hundi’ed 
thousand  livres  each,  besides  the  interest,  and  in  twelve  years,  to  com- 
mence from  the  third  year  after  the  date  of  the  peace,  the  interest,  be- 


FRANCE 1783. 


489 


ginning  to  reckon  at  the  date  of  the  peace,  to  be  discharged  annually, 
shall  diminish  in  proportion  to  the  reimbursement  of  the  capital,  the 
last  payment  of  which  shall  expire  in  the  year  1798. 

The  second  class  comprehends  the  loan  of  five  millions  Dutch  florins, 
amounting,  by  a moderate  valuation,  to  ten  millions  livres  tournois, 
the  said  loan  made  in  Holland  in  1781,  for  the  service  of  the  United 
States  of  North  America,  under  the  engagement  of  the  King  to  refund 
the  cajDital,  with  interest  at  four  per  cent,  per  annum,  at  the  general 
counter  of  the  States  General  of  the  United  Provinces  of  the  Nether- 
lands, in  ten  equal  portions,  reckoning  from  the  sixth  year  of  the  date 
of  the  said  loan,  and  under  the  like  engagement  on  the  part  of  the 
Minister  of  Congress,  and  in  behalf  of  the  thirteen  United  States, 
to  reimburse  the  ten  millions  of  said  loan  in  ready  money  at  the  royal 
treasury,  with  interest  at  four  per  cent,  per  annum,  in  ten  equal  por- 
tions oi  a million  each,  and  in  ten  periods  from  year  to  year ; the  first 
of  which  shall  take  place  in  the  month  of  November,  1787,  and  the 
last  in  the  same  month,  1796.  The  whole  conformable  to  the  condi- 
tions expressed  in  the  contract  of  the  16th  July,  1782. 

In  the  third  class  are  comprehended  the  aids  and  subsidies  fur- 
nished to  the  Congress  of  the  United  States,  under  the  title  of  gratu- 
itous assistance,  from  the  pure  generosity  of  the  King,  three  millions 
of  which  were  granted  before  the  treaty  of  February,  1778,  and  six 
millions  in  1781 ; which  aids  and  subsidies  amount  in  the  whole  to 
nine  millions  livres  tournois.  His  Majesty  here  confirms,  in  case  of 
need,  the  gratuitous  gift  to  the  Congress  of  the  said  thirteen  United 
States. 

Article  III. 

The  new  loan  of  six  millions  livres  tournois,  the  subject  of  the  pres- 
ent contract,  shall  be  refunded  and  reimbursed  in  ready  money  at  His 
Majesty’s  royal  treasury,  in  six  equal  portions  of  a million  each,  with 
interest  at  five  per  cent,  per  annum,  and  in  six  periods,  the  first  of 
which  shall  take  place  in  the  year  1797,  and  so  on  from  year  to  year, 
until  1802,  when  the  last  reimbursement  shall  be  completed. 

Article  IV. 

The  interest  of  five  per  cent,  per  annum  of  the  capital  of  the  six 
millions,  mentioned  in  the  preceding  article,  shall  begin  to  be  reck- 
oned from  the  first  of  January  of  the  year  1784,  and  shall  be  paid  in 
ready  money  at  His  Majesty’s  royal  treasury,  at  Paris,  on  the  same 
day  of  each  year,  the  first  of  which  shall  take  place  the  first  of  Jan- 
uary, 1785,  and  so  on  from  year  to  year,  until  the  definitive  reimburse- 
ment of  the  capital;  His  Majesty  being  pleased,  by  a new  act  of 
generosity,  to  present  and  remit  to  the  thirteen  United  States  the  par- 
tial interest  of  the  present  year,  which  the  underwritten  Minister  of 
Congress  has  declared  to  accept  with  acknowledgment  in  the  name 
of  the  said  United  States. 

Article  V. 

The  interest  of  the  capital  of  the  six  millions  shall  diminish  in  pro- 
portion to  the  reimbursements  at  the  periods  fixed  in  the  preceding 


490 


TREATIES,  CONVENTIONS,  ETC. 


article ; Congress  and  the  United  States  reserving,  however,  the  lib- 
erty of  freeing  themselves,  by  anticipated  payments,  should  the  state 
of  their  finances  admit. 

Article  VI. 

The  contracting  parties  will  reciprocally  guaranty  the  faithful  ob- 
servation of  the  foregoing  articles;  the  ratifications  of  which  shall  be 
exchanged  in  the  sjiace  of  nine  months  from  the  date  of  this  present 
contract,  or  sooner  if  possible. 

In  faith  whereof  we,  the  Ministers  Plenipotentiaries  of  His  Majesty 
and  the  Congress  of  the  thirteen  United  States  of  Xorth  America,  in 
virtue  of  our  respective  full  powers,  have  signed  the  present  contract, 
and  thereunto  affixed  the  seal  of  our  arms. 

Done  at  Versailles  the  twenty-fifth  day  of  February,  one  thousand 
seven  hundred  and  eighty-three. 

[seal.]  Gravier  de  Vergennes. 

[seal.]  B.  Franklin. 


1788.“ 


Convention  Defining  and  Establishing  the  Functions  and 
Privileges  of  Consuls  and  Vice-Consuls. 


C oncluded  November  llf.,  1788;  ratifications  exchanged  at  Paris  Janv- 
ary  6,  1790,  although  the  certificate  of  the  exchange  was  dated 
January  1,  1790. 

Articles. 


1.  Exequaturs. 

II.  Privileges  of  consuls. 

III.  Consular  agents. 

IV.  Chancery. 

V.  Powers  and  duties  of  consuls. 

VI.  Declarations  from  captains. 

VII.  Shipwreck. 

VIII.  Vessels. 

IX.  Deserters. 


X.  Crimes. 

XI.  Criminal  taking  refuge. 

XII.  Disputes  between  citizens. 

XIII.  Tribunals  for  decision  of  com- 

mercial affairs. 

XIV.  Exemption  from  personal  serv- 

ice. 

XV.  Most  favored  nation. 

XVI.  Duration ; ratiflcation. 


His  Majesty  the  Most  Christian  King,  and  the  United  States  of 
America,  having,  by  the  twenty-ninth  article  of  the  treaty  of  amity 
and  commerce  concluded  between  them,  mutually  granted  the  liberty 
of  having  in  their  respective  States  and  ports.  Consuls,  Vice-Consuls, 
Agents  and  Commissaries,  and  being  willing,  in  consequence  thereof, 
to  define  and  establish,  in  a reciprocal  and  permanent  manner,  the 
functions  and  privileges  of  Consuls  and  Vice-Consuls,  which  they  have 
judged  it  convenient  to  establish  of  preference.  His  Most  Christian 
Majesty  has  nominated  the  Sieur  Count  of  Montmorin,  of  St.  Herent, 
Marechal  of  his  Camps  and  Armies,  Knight  of  his  Orders  and  of  the 
GTilden  Fleece,  his  Counsellor  in  all  his  Councils,  Minister  and  Sec- 
retary of  State,  and  of  his  Commandments  and  Finances,  having  the 
Department  of  Foreign  Affairs;  and  the  United  States  have  nom- 


Abrogated  by  Act  of  July  7,  1798.  U.  S.  v,  Laurence  (3  Dal.,  42). 


FRANCE 1788. 


491 


inated  the  Sieur  Thomas  Jefferson,  citizen  of  the  United  States  of 
America,  and  their  Minister  Plenipotentiary  near  the  King;  who, 
after  having  communicated  to  each  other  their  respective  full  powers, 
have  agreed  on  what  follows : 

Article  I. 

The  Consuls  and  Vice-Consuls  named  by  the  Most  Christian  King 
and  the  United  States  shall  be  bound  to  present  their  commissions 
according  to  the  forms  which  shall  be  established  respectively  by  the 
Most  Christian  King  within  his  dominions,  and  by  the  Congress 
within  the  United  States.  There  shall  be  delivered  to  them,  Avithout 
any  charges,  the  exequatur  necessary  for  the  exercise  of  their  func- 
tions; and  on  exhibiting  the  said  exequatur,  the  Governors,  Com- 
manders, Heads  of  Justice,  Bodies  Corporate,  Tribunals  and  other 
officers  having  authority  in  the  ports  and  places  of  their  consulates, 
shall  cause  them  to  enjoy  immediately,  and  without  difficulty,  the 
pre-eminences,  authority,  and  privileges  reciprocally  granted,  with- 
out exacting  from  the  said  Consuls  and  Vice-Consuls  any  fee,  under 
any  pretext  whatever. 

Article  II. 

The  Consuls  and  Vice-Consuls,  and  persons  attached  to  their  func- 
tions; that  is  to  say,  their  Chancellors  and  Secretaries,  shall  enjoy 
a full  and  entire  immunity  for  their  chancery,  and  +he  papers  Avhich 
shall  be  therein  contained.  They  shall  be  exempt  from  all  personal 
service,  from  soldiers’  billets,  militia,  watch,  guard,  guardianship, 
trusteeship,  as  well  as  from  all  duties,  taxes,  impositions  and  charges 
whatsoever,  except  on  the  estate  real  and  personal  of  which  they  may 
be  the  proprietors  or  possessors,  which  shall  be  subject  to  the  taxes 
imposed  on  the  estates  of  all  other  individuals:  And  in  all  other 
instances  they  shall  be  subject  to  the  laws  of  the  land  as  the  natives 
are.  Those  of  the  said  Consuls  and  Vice-Consuls  who  shall  exercise 
commerce,  shall  be  respectively  subject  to  all  taxes,  charges  and  im- 
positions established  on  other  merchants.  They  shall  place  over  the 
outward  door  of  their  house  the  arms  of  their  sovereign ; but  this 
mark  of  indication  shall  not  give  to  the  said  house  any  privilege  of 
asylum  for  any  person  or  property  whatsoever. 

Article  III. 

The  respective  Consuls  and  Vice-Consuls  may  establish  agents  in 
the  different  ports  and  places  of  their  departments  where  necessity 
shall  require.  These  agents  may  be  chosen  among  the  merchants, 
either  national  or  foreign,  and  furnished  Avith  a commission  from 
one  of  the  said  Consuls : They  shall  confine  themselves  respectively  to 
the  rendering  to  their  respective  merchants,  navigators  and  vessels, 
all  possible  service,  and  to  inform  the  nearest  Consul  of  the  wants 
of  the  said  merchants,  navigators  and  vessels,  Avithout  the  said  agents 
otherwise  participating  in  the  immunities,  rights  and  privileges  at- 
tributed to  Consuls  and  Vice-Consuls,  and  without  power,  under  any 
pretext  Avhatever,  to  exact  from  the  said  merchants  any  duty  or 
emolument  whatsoever. 


492 


TREATIES,  CONVENTIONS,  ETC. 


Article  IV. 

The  Consuls  and  Vice-Consuls  respectively  may  establish  a chan- 
cery, where  shall  be  deposited  the  consular  determinations,  acts  and 
proceedings,  as  also  testaments,  obligations,  contracts  and  other  acts 
done  by  or  between  persons  of  their  nation,  and  effects  left  by  de- 
ceased persons,  or  saved  from  shipwreck.  They  may  consequently 
appoint  fit  persons  to  act  in  the  said  chancery,  receive  and  swear 
them  in,  commit  to  them  the  custody  of  the  seal,  and  authoritj’'  to  seal 
commissions,  sentences  and  other  consular  acts,  and  also  to  discharge 
the  functions  of  notar}^  and  register  of  the  consulate. 

Article  V. 

The  Consuls  and  Vice-Consuls  respectively  shall  have  the  exclusive 
right  of  receiving  in  their  chancery,  or  on  board  of  vessels,  the  decla- 
rations and  all  the  other  acts  which  the  captains,  masters,  crews,  pas- 
sengers, and  merchants  of  their  nation  may  chuse  to  make  there,  even 
their  testaments  and  other  disposals  by  last  will : And  the  copies  of 
the  said  acts,  duly  authenticated  by  the  said  Consuls  or  Vice-Consuls, 
under  the  seal  of  their  consulate,  shall  receive  faith  in  law,  equally  as 
their  originals  would,  in  all  the  tribunals  of  the  dominions  of  the 
Most  Christian  King  and  of  the  United  States.  They  shall  also  have, 
and  exclusively,  in  case  of  the  absence  of  the  testamentarv  executor, 
administrator,  or  legal  heir,  the  right  to  inventory,  liquidate,  and 
proceed  to  the  sale  of  the  personal  estate  left  by  subjects  or  citizens 
of  their  nation  who  shall  die  within  the  extent  of  their  consulate; 
they  shall  proceed  therein  with  the  assistance  of  two  merchants  of 
their  said  nation,  or,  for  want  of  them,  of  any  other  at  their  choice, 
and  shall  cause  to  be  deposited  in  their  chancery  the  effects  and  papers 
of  the  said  estates;  and  no  officer,  military,  judiciary  or  of  the  police 
of  the  country,  shall  disturb  them  or  interfere  therein,  in  any  manner 
whatsoever:  But  the  said  Consuls  and  Vice-Consuls  shall  not  deliver 
up  the  said  effects,  nor  the  proceeds  thereof,  to  the  lawful  heirs,  or  to 
their  order,  till  they  have  caused  to  be  paid  all  debts  which  the  de- 
ceased shall  have  contracted  in  the  country;  for  which  purpose  the 
creditors  shall  have  a right  to  attach  the  said  effects  in  their  hands,  as 
they  might  in  those  of  any  other  individual  whatever,  and  jiroceed  to 
obtain  sale  of  them  till  payment  of  what  shall  be  lawfully  due  to 
them.  When  the  debts  shall  not  have  been  contracted  by  judgment, 
deed  or  note,  the  signature  whereof  shall  be  known,  payment  shall 
not  be  ordered  but  on  the  creditor’s  giving  sufficient  surety,  resident 
in  the  country,  to  refund  the  sums  he  shall  have  unduly  received, 
principal,  interest  and  cost ; which  surety  nevertheless  shall  stand 
duly  discharged,  after  the  term  of  one  year  in  time  of  peace,  and  of 
two  in  time  of  war,  if  the  demand  in  discharge  cannot  be  formed 
before  the  end  of  this  term  against  the  heirs  who  shall  present  them- 
selves. And  in  order  that  the  heirs  may  not  be  unjustly  kept  out  of 
the  effects  of  the  deceased,  the  Consuls  and  Vice-Consuls  shall  notify 
his  death  in  some  one  of  the  gazettes  published  within  their  consulate, 
and  that  they  shall  retain  the  said  effects  in  their  hands  four  months 
to  answer  all  demands  which  shall  be  presented ; and  they  shall  be 
bound  after  this  delay  to  deliver  to  the  persons  succeeding  thereto, 
what  shall  be  more  than  sufficient  for  the  demands  which  shall  have 
been  formed. 


FRANCE 1788. 


493 


Article  VI. 

The  Consuls  and  Vice-Consuls  respectively  shall  receive  the  declara- 
tions, protests  and  reports  of  all  captains  and  masters  of  their  respec- 
tive nation  on  account  of  average  losses  sustained  at  sea;  and  these 
captains  and. masters  shall  lodge  in  the  chancery  of  the  said  Consuls 
and  Vice-Consuls  the  acts  which  they  may  have  made  in  other  ports 
on  account  of  the  accidents  which  may  have  happened  to  them  on  their 
voyage.  If  a subject  of  the  Most  Christian  King  and  a citizen  of  the 
United  States,  or  a foreigner,  are  interested  in  the  said  cargo,  the 
average  shall  be  settled  by  the  tribunals  of  the  country,  and  not  by 
the. Consuls  or  Vice  Consuls;  but  when  only  the  subjects  or  citizens 
of  their  own  nation  shall  be  interested,  the  respective  Consuls  or 
Vice-Consuls  shall  appoint  skillful  persons  to  settle  the  damages  and 
average. 

Article  VII. 

In  cases  where,  by  tempest  or  other  accident,  French  ships  or  vessels 
shall  be  stranded  on  the  coasts  of  the  United  States,  and  ships  or  ves- 
sels of  the  United  Stares  shall  be  stranded  on  the  coasts  of  the  domin- 
ions of  the  Most  Christian  King,  the  Consul  or  Vice-Consul  nearest  to 
the  place  of  shipwreck  shall  do  whatever  he  may  judge  proper,  as  well 
for  the  purpose  of  saving  the  said  ship  or  vessel,  its  cargo  and  appur- 
tenances, as  for  the  storing  and  the  security  of  the  effects  and  merchan- 
dize saved.  He  may  take  an  inventory  of  them,  without  the  inter- 
meddling of  any  officers  of  the  military,  of  the  customs,  of  justice  or 
of  the  police  of  the  country,  otherwise  than  to  give  to  the  Consuls, 
Vice-Consuls,  captain  and  crew  of  the  vessel  shipwrecked  or  stranded, 
all  the  succour  and  favour  which  they  shall  ask  of  them,  either  for  the 
expedition  and  security  of  the  saving,  and  of  the  effects  saved,  or  to 
prevent  all  disturbance.  And  in  order  to  prevent  all  kinds  of  dispute 
and  discussion  in  the  said  cases  of  shipwreck,  it  is  agreed  that  when 
there  shall  be  no  Consul  or  Vice-Consul  to  attend  to  the  saving  of  the 
wreck,  or  that  the  residence  of  the  said  Consul  or  Vice-Consul  (he  not 
being  at  the  place  of  the  wreck)  shall  be  more  distant  from  the  said 
place  than  that  of  the  competent  judge  of  the  country,  the  latter  shall 
immediately  proceed  therein,  with  all  the  dispatch,  certainty  and  pre- 
cautions prescribed  by  the  respective  laws;  but  the  said  territorial 
judge  shall  retire  on  the  arrival  of  the  Consul  or  Vice-Consul,  and  shall 
deliver  over  to  him  the  report  of  his  proceedings,  the  expenses  of 
which  the  Consul  or  Vice-Consul  shall  cause  to  be  reimbursed  to  him, 
as  well  as  those  of  saving  the  wreck.  The  merchandize  and  effects 
saved  shall  be  deposited  in  the  nearest  custom-house,  or  other  place  of 
safety,  with  the  inventory  thereof,  which  shall  have  been  made  by  the 
Consul  or  Vice-Consul,  or  by  the  judge  who  shall  have  proceeded  in 
their  absence,  that  the  said  effects  and  merchandize  may  be  afterwards 
delivered,  (after  levying  therefrom  the  costs,)  and  without  form  of 
process  to  the  owners,  who,  being  furnished  with  an  order  for  their 
delivery  from  the  nearest  Consul  or  Vice-Consul,  shall  reclaim  them 
by  themselves  or  by  their  order,  either  for  the  purpose  of  re-exporting 
such  mechandize,  in  which  case  they  shall  pay  no  kind  of  duty  of 
exportation,  or  for  that  of  selling  them  in  the  country,  if  they  be  not 
prohibited  there,  and  in  this  last  case  the  said  merchandise,  if  they  be 


494 


TREATIES,  CONVENTIOKS,  ETC. 


damaged,  shall  be  allowed  an  abatement  of  entrance  duties,  propor- 
tioned to  the  damage  they  have  sustained,  which  shall  be  ascertained 
by  the  affidavits  taken  at  the  time  the  vessel  was  wrecked  or  struck. 

Article  VIII. 

The  Consuls  or  Vice-Consuls  shall  exercise  police  over  all  the  vessels 
of  their  respective  nations,  and  shall  have  on  board  the  said  vessels 
all  power  and  jurisdiction  in  civil  matters,  in  all  the  disputes  which 
may  there  arise;  they  shall  have  an  entire  inspection  over  the  said 
vessels,  their  crew,  and  the  changes  and  substitutions  there  to  be  made ; 
for  which  purpose  they  may  go  on  board  the  said  vessels  whenever 
they  may  judge  it  necessary.  Well  understood  that  the  functions 
hereby  allowed  shall  be  confined  to  the  interior  of  the  vessels,  and  that 
they  shall  not  take  place  in  any  case  which  shall  have  any  interference 
with  the  police  of  the  ports  where  the  said  vessels  shall  be. 

Article  IX. 

The  Consuls  and  Vice-Consuls  may  cause  to  be  arrested  the  cap- 
tains, officers,  mariners,  sailors  and  all  other  persons  being  part  of  the 
crews  of  the  vessels  of  their  respective  nations,  who  shall  have  de- 
serted from  the  said  vessels,  in  order  to  send  them  back  and  transport 
them  out  of  the  country;  for  which  purpose  the  said  Consuls  and 
Vice-Consuls  shall  address  themselves  to  the  courts,  judges  and  offi- 
cers competent,  and  shall  demand  the  said  deserters  in  writing,  prov- 
ing by  an  exhibition  of  the  registers  of  the  vessel  or  ship’s  roll  that 
those  men  were  part  of  the  said  crews ; and  on  this  demand  so  proved 
(saving,  however,  where  the  contrary  is  proved)  the  delivery  shall 
not  be  refused ; and  there  shall  be  given  all  aid  and  assistance  to  the 
said  Consuls  and  Vice-Consuls  for  the  search,  seizure  and  arrest  of 
the  said  deserters,  who  shall  even  be  detained  and  kept  in  the  prisons 
of  the  country,  at  their  request  and  expense,  until  they  shall  have 
found  an  opportunity  of  sending  them  back ; but  if  they  be  not  sent 
back  within  three  months,  to  be  counted  from  the  day  of  their  arrest, 
they  shall  be  set  at  liberty,  and  shall  be  no  more  arrested  for  the  same 
cause. 

Article  X. 

In  cases  where  the  respective  subjects  or  citizens  shall  have  com- 
mitted any  crime,  or  breach  of  the  peace,  they  shall  be  amenable  to 
the  judges  of  the  country. 

Article  XI. 

Vlien  the  said  offenders  shall  be  a part  of  the  crew  of  a vessel  of 
their  nation,  and  shall  have  withdrawn  themselves  on  board  the  said 
vessel,  they  may  be  there  seized  and  arrested  by  order  of  the  judges  of 
the  country.  These  shall  give  notice  thereof  to  the  Consul  or  Vice- 
Consul,  wlio  may  repair  on  board  if  he  thinks  proper;  but  this  notifi- 
cation shall  not  in  any  case  delay  execution  of  the  order  in  question. 
The  persons  arrested  shall  not  afterwards  be  set  at  liberty  until  the 
Consul  or  Vice-Consul  shall  hai^e  been  notified  thereof;  and  they 


FRANCE 1788. 


495 


shall  be  delivered  to  him,  if  he  requires  it,  to  be  put  again  on  board 
of  the  vessel  on  which  they  were  arrested,  or  of  others  of  their  nation,, 
and  to  be  sent  out  of  the  country. 

Article  XII. 

All  differences  and  suits  between  the  subjects  of  the  Most  Christian 
King  in  the  United  States,  or  between  the  citizens  of  the  United 
States  within  the  dominions  of  the  Most  Christian  King,  and  par- 
ticularly all  disputes  relative  to  the  wages  and  terms  of  engagement 
of  the  crews  of  the  respective  vessels,  and  all  differences,  of  whatever 
nature  they  be,  which  may  arise  between  the  privates  of  the  said 
crews,  or  between  any  of  them  and  their  captains,  or  between  the 
captains  of  different  vessels  of  their  nation,  shall  be  determined  by 
the  respective  Consuls  and  Vice-Consuls,  either  by  a reference  to 
arbitrators,  or  by  a summary  judgment,  and  without  costs.  No 
officer  of  the  country,  civil  or  military,  shall  interfere  therein,  or 
take  any  part  whatever  in  the  matter;  and  the  appeals  from  the 
said  consular  sentences  shall  be  carried  before  the  tribunals  of  France 
or  of  the  United  States,  to  whom  it  may  appertain  to  take  cognizance 
thereof. 

Article  XIII. 

The  general  utility  of  commerce  having  caused  to  be  established 
within  the  dominions  of  the  Most  Christian  King  particular  tribu- 
nals and  forms  for  expediting  the  decision  of  commercial  affairs,  the 
merchants  of  the  United  States  shall  enjoy  the  benefit  of  these  estab- 
lishments; and  the  Congress  of  the  United  States  will  provide  in  the 
manner  the  most  conformable  to  its  laws  for  the  establishment  of 
equivalent  advantages  in  favour  of  the  French  merchants,  for  the 
prompt  despatch  and  decision  of  affairs  of  the  same  nature. 

Article  XIV. 

The  subjects  of  the  Most  Christian  King,  and  the  citizens  of  the 
United  States  who  shall  prove  by  legal  evidence  that  they  are  of 
the  said  nations  respectively,  shall  in  consequence  enjoy  an  exemp- 
tion from  all  personal  service  in  the  place  of  their  settlement. 

Article  XV. 

If  any  other  nation  acquires  by  virtue  of  any  convention  whatever 
a treatment  more  favourable  with  respect  to  the  consular  preemi- 
nences, powers,  authority  and  privileges,  the  Consuls  and  Vice- 
Consuls  of  the  Most  Christian  King,  or  of  the  United  States,  re- 
ciprocally shall  participate  therein,  agreeable  to  the  terms  stipu- 
lated by  the  second,  third  and  fourth  articles  of  the  treaty  of  amity 
and  commerce  concluded  between  the  Most  Christian  King  and  the 
United  States. 

Article  XVI. 

The  present  convention  shall  be  in  full  force  during  the  term  of 
twelve  years,  to  be  counted  from  the  day  of  the  exchange  of  ratifi- 


496 


TREATIES,  CONVENTIONS,  ETC. 


cations,  which  shall  be  given  in  proper  form,  and  exchanged  on  both 
sides  within  the  space  of  one  year,  or  sooner  if  possible. 

In  faith  whereof  we,  Ministers  Plenipotentiary,  have  signed  the 
present  convention,  and  have  thereto  set  the  seal  of  our  arms. 

Done  at  Versailles  the  fourteenth  of  November,  one  thousand 
seven  hundred  and  eighty-eight. 

[seal.]  L.  C.  De  Montworin. 

[seal.]  Th:  Jefferson. 


1800  « 

Convention  of  Peace  Commerce  and  Navigation. 

Concluded  September  30^  1800;  ratifications  exchanged  at  Pans,  July 
31, 1801 ; proclaimed  December  21,  1801. 

Articles. 


I.  Amity. 

II.  Former  treaties. 

III.  Captured  ships. 

IV.  Captured  property. 

V.  Prosecution  of  debts.' 

VI.  Freedom  of  commerce  and  navi- 
gation. 

VII.  Property  rights. 

VIII.  Reciprocal  treatment  of  citizens. 

IX.  Confiscation  of  debts. 

X.  Commercial  agents. 

XI.  Discrimination  in  duties. 

XII.  Neutral  vessels:  blockade. 

XIII.  Contraband. 

XIV.  Free  ships,  free  goods. 


XV.  Enemy’s  flag  over  neutral 
goods. 

XVI.  Nationality  of  vessels. 

XVII.  Neutral  ships. 

XVIII.  Visitation  and  search. 

XIX.  Neutral  vessels  under  convoy. 

XX.  Capture  of  neutral  vessels. 

XXI.  Officers  of  neutral  vessels. 

XXII.  Prize  courts. 

XXIII.  Indemnification  for  damages. 

XXIV.  Admission  of  prizes  to  ports. 

XXV.  Privateers. 

XXVI.  Pirates. 

XXVII.  Fisheries;  ratification. 

Senate  resolution. 


The  Premier  Consul  of  the  French  Eepublic  in  the  name  of  the 
people  of  France,  and  the  President  of  the  United  States  of  America, 
equally  desirous  to  terminate  the  differences  which  have  arisen 
between  the  two  States,  have  respectfully  appointed  their  Plenipo- 
tentiaries, and  given  them  full  power  to  treat  upon  those  differences, 
and  to  terminate  the  same;  that  is  to  say,  the  Premier  Comsul  of  the 
French  Eepublic,  in  the  name  of  the  people  of  France,  has  appointed 
for  the  Plenipotentiaries  of  the  said  Eepublic  the  citizens  Joseph 
Bonaparte,  ex- Ambassador  at  Eome  and  Counsellor  of  State ; Charles 
Pierre  Claret  Fleurieu,  Member  of  the  National  Institute  and  of  the 
Board  of  Longitude  of  France  and  Counsellor  of  State,  President  of 
the  Section  of  Marine;  and  Pierre  Louis  Eoederer,  Member  of  the 
National  Institute  of  France  and  Counsellor  of  State,  President  of 
the  Section  of  the  Interior;  and  the  President  of  the  United  States 
of  America,  by  and  with  the  advice  and  consent  of  the  Senate  of  the 
said  States,  has  appointed  for  their  Plenipotentiaries,  Oliver  Ells- 
worth, Chief  Justice  of  the  United  States;  William  Eichardson 


“This  treaty,  expired  by  its  own  limitations  July  31.  1S09.  Federal  cases: 

U.  S.  V.  The  I’eggv  (1  Cranch.  103),  Chirac  f.  Chirac  (2  Wheat..  259),  De 
Geofrov  v.  Riggs  (133  U.  S.,  258),  Gray  v.  U.  S.  (’21  Ct.  Cls.,  340),  Cushing  v. 

V.  S.  (22  Ct.  Cls.,  1),  Hooper  r.  U.  S.  (22  Ct.  Cls.,  40S),  The  Schooner  Jane  (23 
Ct.  Cls.,  226),  The  Ship  Tom  (29  Ct.  Cls.,  68). 


FRANCE 1800. 


497 


Davie,  late  Governor  of  the  State  of  North  Carolina ; and  William 
Vans  Murray,  Minister  Resident  of  the  United  States  at  the  Hague; 
who,  after  having  exchanged  their  full  powers,  and  after  full  and 
mature  discussion  of  the  respective  interests,  have  agreed  on  the 
following  articles: 

Article  I. 

There  shall  be  a firm,  inviolable,  and  universal  peace,  and  a true 
and  sincere  friendship  between  the  French  Republic  and  the  United 
States  of  America,  and  between  their  respective  countries,  territories, 
cities,  towns,  and  people,  without  exception  of  person  or  places. 

Article  II.® 

The  Ministers  Plenipotentiary  of  the  two  jiarties  not  being  able  to 
agree  at  present  respecting  the  treaty  of  alliance  of  Cth  February, 
1778,  the  treaty  of  amity  and  commerce  of  the  same  date,  and  the 
convention  of  14th  of  November,  1788,  nor  upon  the  indemnities 
mutually  due  or  claimed,  the  parties  will  negociate  further  on  these 
subjects  at  a convenient  time,  and  until  they  may  have  agreed  upon 
these  points  the  said  treaties  and  convention  shall  have  no  operation, 
and  the  relations  of  the  two  countries  shall  be  regulated  as  follows: 

Article  III. 

The  public  ships  which  have  been  taken  on  one  part  and  the  other, 
or  which  may  be  taken  before  the  exchange  of  ratifications,  shall  be 
restored. 

Article  IV. 

Property  captured,  and  not  yet  definitively  condemned,  or  which 
may  be  captured  before  the  exchange  of  ratifications,  (contraband 
goods  destined  to  an  enemy’s  port  excepted,)  shall  be  mutually  re- 
stored on  the  following  proofs  of  ownership,  viz : The  proof  on  both 
sides  with  respect  to  merchant  ships,  whether  armed  or  unarmed, 
shall  be  a passport  in  the  form  following : 

all  who  shall  see  these  presents^  greeting: 

“ It  is  hereby  made  known  that  leave  and  permission  has  been 

given  to  -,  master  and  commander  of  the  ship  called 

, of  the  town  of , burthen tons,  or  thereabouts, 

lying  at  present  in  the  port  and  haven  of  , and  bound  for 

, and  laden  with ; after  that  his  ship  has  been  visited, 

and  before  sailing,  he  shall  make  oath  before  the  officers  who  have  the 
jurisdiction  of  maritime  affairs,  that  the  said  ship  belongs  to  one  or 

more  of  the  subjects  of , the  act  whereof  shall  be  put  at  the 

end  of  these  presents,  as  likewise  that  he  will  keep,  and  cause  to  be 
kept,  by  his  crew  on  board,  the  marine  ordinances  and  regulations, 
and  enter  in  the  proper  office  a list,  signed  and  witnessed,  containing 

“ This  article  was  expunged  before  the  final  ratification  of  the  treaty,  and  the 
following  article  was  added : 

“ It  Is  agreed  that  the  present  convention  shall  be  in  force  for  the  term  of 
eight  years  from  the  time  of  the  exchange  of  ratifications.” 

See  also  note  at  end  of  the  treaty. 

24449— VOL  1—10 32 


498 


TREATIES,  CONVENTIONS,  ETC. 


the  names  and  surnames,  the  places  of  birth  and  abode  of  the  crew 
of  his  ship,  and  of  all  who  shall  embark  on  board  her,  whom  he  shall 
not  take  on  board  without  the  knowledge  and  permission  of  the 
officers  of  the  marine;  and  in  every  port  or  haven  where  he  shall 
enter  with  his  ship,  he  shall  shew  this  present  leave  to  the  officers  and 
judges  of  the  marine,  and  shall  give  a faithful  account  to  them  of 
what  passed  and  was  done  during  his  voyage;  and  he  shall  carry  the 
colours,  arms,  and  ensigns  of  the  [French  Republic  or  the  United 
States]  during  his  voyage.  In  witness  whereof  we  have  signed  these 
presents,  and  put  the  seal  of  our  arms  thereunto,  and  caused  the  same 

to  be  countersigned  by at the  day  of 

anno  Domini” 

And  this  passport  will  be  sufficient  without  any  other  paper,  any 
ordinance  to  the  contrary  notwithstanding;  which  passport  shall  not 
be  deemed  requisite  to  have  been  renewed  or  recalled,  whatever  num- 
ber of  voyages  the  said  ship  may  have  made,  unless  she  shall  have 
returned  home  within  the  space  of  a year.  Proof  with  respect  to  the 
cargo  shall  be  certificates,  containing  the  several  particulars  of  the 
cargo,  the  place  whence  the  ship  sailed  and  whither  she  is  bound, 
so  that  the  forbidden  and  contraband  goods  may  be  distinguished  by 
the  certificates;  which  certificates  shall  have  been  made  out  by  the 
officers  of  the  place  whence  the  ship  set  sail,  in  the  accustomed  form 
of  the  country.  And  if  such  passport  or  certificates,  or  both,  shall 
have  been  destroyed  by  accident  or  taken  away  by  force,  their  de- 
ficiency may  be  supplied  by  such  other  proofs  of  ownership  as  are 
admissible  by  the  general  usage  of  nations.  Proof  with  respect  to 
other  than  merchant  ships  shall  be  the  commission  they  bear. 

This  article  shall  take  effect  from  the  date  of  the  signature  of  the 
present  convention.  And  if,  from  the  date  of  the  said  signature,  any 
property  shall  be  condemned  contrary  to  the  intent  of  the  said  con- 
vention, before  the  knowledge  of  this  stipulation  shall  be  obtained, 
the  property  so  condemned  shall,  without  delay,  be  restored  or  paid 
for. 

Article  V. 

The  debts  contracted  by  one  of  the  two  nations  with  individuals 
of  the  other,  or  by  the  individuals  of  one  with  the  individuals  of  the 
other,  shall  be  paid,  or  the  payment  may  be  prosecuted,  in  the  same 
manner  as  if  there  had  been  no  misunderstanding  between  the  two 
States.  But  this  clause  shall  not  extend  to  indemnities  claimed  on 
account  of  captures  or  confiscations. 

Ar'itcle  VI. 

Commerce  between  the  parties  shall  be  free.  The  vessels  of  the 
two  nations  and  their  privateers,  as  well  as  their  prizes,  shall  be 
treated  in  their  respective  ports  as  those  of  the  nation  the  most 
favoured;  and,  in  general,  the  two  parties  shall  enjoy  in  the  ports  of 
each  other,  in  regard  to  commerce  and  navigation,  the  privileges  of 
the  most  favoured  nation. 


Article  VII. 

The  citizens  and  inhabitants  of  the  United  States  shall  be  at  liberty 
to  dispose  by  testament,  donation,  or  otherwise,  of  their  goods,  move- 


FRANCE 1800. 


499 


able  and  immoveable,  holdeii  in  the  territorj^  of  the  French  Republic 
in  Europe,  and  the  citizens  of  the  French  Republic  shall  have  the 
same  liberty  with  regard  to  goods,  moveable  and  immoveable,  holden 
in  the  territory  of  the  United  States,  in  favor  of  such  persons  as  they 
shall  think  proper.  The  citizens  and  inhabitants  of  either  of  the  two 
countries  who  shall  be  heirs  of  goods,  moveable  or  immoveable,  in 
the  other,  shall  be  able  to  succeed  ab  intestate,  without  being  obliged 
to  obtain  letters  of  naturalization,  and  without  having  the  effect  of 
this  provision  contested  or  impeded,  under  any  pretext  whatever; 
and  the  said  heirs,  whether  such  by  particular  title,  or  ab  intestate, 
shall  be  exempt  from  any  duty  whatever  in  both  countries.  It  is 
agreed  that  this  article  shall  in  no  manner  derogate  from  the  laws 
which  either  State  may  now  have  in  force,  or  hereafter  may  enact, 
to  prevent  emigration ; and  also  that  in  case  the  laws  of  either  of  the 
two  States  should  restrain  strangers  from  the  exercise  of  the  rights 
of  property  with  respect  to  real  estate,  such  real  estate  may  be  sold, 
or  otherwise  disposed  of,  to  citizens  or  inhabitants  of  the  country 
where  it  may  be,  and  the  other  nation  shall  be  at  liberty  to  enact 
similar  laws. 

Article  VIII. 

To  favor  commerce  on  both  sides  it  is  agreed  that,  in  case  a war 
should  break  out  between  the  two  nations,  which  God  forbid,  the 
term  of  six  months  after  the  declaration  of  war  shall  be  allowed  to 
the  merchants  and  other  citizens  and  inhabitants  respectively,  on  one 
side  and  the  other,  during  which  time  they  shall  be  at  liberty  to  with- 
draw themselves,  with  tfeir  effects  and  moveables,  which  they  shall 
be  at  liberty  to  carry,  send  away,  or  sell,  as  they  please,  without  the 
least  obstruction ; nor  shall  their  effects,  much  less  their  persons,  be 
seized  during  such  term  of  six  months;  on  the  contrary,  passports, 
which  shall  be  valid  for  a time  necessary  for  their  return,  shall  be 
given  to  them  for  their  vessels  and  the  effects  which  they  shall  be 
willing  to  send  away  or  carry  with  them ; and  such  passports  shall  be 
a safe  conduct  against  all  insults  and  prizes  which  privateers  may 
attempt  against  their  persons  and  effects.  And  if  anything  be  taken 
from  them,  or  any  injury  done  to  them  or  their  effects,  by  one  of  the 
parties,  their  citizens  or  inhabitants,  within  the  term  above  pre- 
scribed, full  satisfaction  shall  be  made  to  them  on  that  account. 

Article  IX. 

Neither  the  debts  due  from  individuals  of  the  one  nation  to  indi- 
viduals of  the  other,  nor  shares,  nor  monies,  which  they  may  have  in 
public  funds,  or  in  the  public  or  private  banks,  shall  ever,  in  any 
event  of  war  or  of  national  difference,  be  sequestered  or  confiscated. 

Article  X. 

It  shall  be  free  for  the  two  contracting  parties  to  appoint  com- 
mercial agents  for  the  protection  of  trade,  to  reside  in  France  and  the 
United  States.  Either  party  may  except  such  place  as  may  be  thought 
proper  from  the  residence  of  those  agents.  Before  any  agent  shall 
exercise  his  functions,  he  shall  be  accepted  in  the  usual  forms  by  the 
party  to  whom  he  is  sent ; and  when  he  shall  have  been  accepted  and 


500 


TREATIES,  CONVENTIONS,  ETC. 


furnished  with  his  exequatur,  he  shall  enjoy  the  rights  and  j^reroga- 
tives  of  the  similar  agents  of  the  most  favoured  nations. 


Article  XI. 

The  citizens  of  the  French  Eepublic  shall  pay  in  the  ports,  havens, 
roads,  countries,  islands,  cities,  and  towns  of  the  United  States,  no 
other  or  greater  duties  or  imposts,  of  what  nature  soever  they  may  be. 
or  by  what  name  soever  called,  than  those  which  the  nation  most 
favoured  are  or  shall  be  obliged  to  pay;  and  they  shall  enjoy  all  the 
rights,  liberties,  privileges,  immunities,  and  exemptions  in  trade, 
navigation,  and  commerce,  whether  in  passing  from  one  port  in  the 
said  State  to  another,  or  in  going  to  and  from  the  same  from  and  to 
any  jiart  of  the  world,  which  the  said  nations  do  or  shall  enjoy.  And 
the  citizens  of  the  United  States  shall  reciprocally  enjoy,  in  the  terri- 
tories of  the  French  Republic  in  Europe,  the  same  privileges  and 
immunities,  as  well  for  their  property  and  persons  as  for  what  con- 
cerns trade,  navigation,  and  commerce. 

Article  XII. 

It  shall  be  lawful  for  the  citizens  of  either  countr}^  to  sail  with 
their  ships  and  merchandise  (contraband  goods  always  excepted) 
from  any  port  whatever  to  any  port  of  the  enemy  of  the  other,  and  to 
sail  and  trade  with  their  ships  and  merchandise,  with  perfect  security 
and  liberty,  from  the  countries,  ports,  and  places  of  those  who  are 
enemies  of  both,  or  of  either  party,  without  any  opposition  or  disturb- 
ance whatsoever,  and  to  pass  not  only  directly  from  the  places  and 
ports  of  the  enemy  aforementioned  to  neutral  ports  and  places,  but 
also  from  one  place  belonging  to  an  enemy  to  another  place  belong- 
ing to  an  enemy,  whether  they  be  under  the  jurisdiction  of  the  same 
Power  or  under  the  several,  unless  such  ports  or  places  shall  be 
actually  blockaded,  besieged,  or  invested. 

And  whereas  it  frequently  happens  that  vessels  sail  for  a port  or 
place  belonging  to  an  enemy  without  knowing  that  the  same  is  either 
besieged,  blockaded,  or  invested,  it  is  agreed  that  every  vessel  so  cir- 
cumstanced may  be  turned  away  from  such  port  or  place,  but  she  shall 
not  be  detained,  nor  any  part  of  her  cargo,  if  not  contraband,  be  con- 
fiscated, unless,  after  notice  of  such  blockade  or  investment,  she  shall 
again  attempt  to  enter ; but  she  shall  be  permitted  to  go  to  any  other 
port  or  place  she  shall  think  proper.  Xor  shall  any  vessel  of  either 
that  may  have  entered  into  such  port  or  place  before  the  same  was 
actually  besieged,  blockaded,  or  invested  by  the  other,  be  restrained 
from  quitting  such  place  with  her  cargo,  nor  if  found  therein  after 
the  reduction  and  surrender  of  such  place  shall  such  vessel  or  her 
cargo  be  liable  to  confiscation,  but  thev  shall  be  restored  to  the  owners 
thereof. 

Article  XIII. 

In  order  to  regulate  what  shall  be  deemed  contraband  of  war,  there 
shall  be  comprised,  under  that  denomination,  gun-powder,  saltpetre, 
petards,  match,  ball,  bombs,  grenades,  carcasses,  pikes,  halberts, 
swords,  belts,  pistols,  holsters,  cavalry-saddles  and  furniture,  cannon, 


FRANCE 1800. 


501 


mortars,  their  carriages  and  beds,  and  generally  all  kinds  of  arms, 
ammunition  of  war,  and  instruments  fit  for  the  use  of  troops;  all 
the  above  articles,  whenever  they  are  destined  to  the  port  of  an 
enemy,  are  hereby  declared  to  be  contraband,  and  just  objects  of  con- 
fiscation; but  the  vessel  in  which  they  are  laden,  and  the  residue  of 
the  cargo,  shall  be  considered  free,  and  not  in  any  manner  infected  by 
the  jDrohibited  goods,  whether  belonging  to  the  same  or  a different 
owner. 

Article  XIV. 

It  is  hereby  stipulated  that  free  ships  shall  give  a freedom  to  goods, 
and  that  everything  shall  be  deemed  to  be  free  and  exempt  which 
shall  be  found  on  board  the  ships  belonging  to  the  citizens  of  either 
of  the  contracting  parties,  although  the  whole  lading,  or  any  part 
thereof,  should  appertain  to  the  enemies  of  either,  contraband  goods 
being  always  excepted.  It  is  also  agreed,  in  like  manner,  that  the 
same  liberty  be  extended  to  persons  who  are  on  board  a free  ship, 
with  this  effect,  that  although  they  be  enemies  to  either  party,  they 
are  not  to  be  taken  out  of  that  free  ship,  unless  they  are  soldiers  and 
in  actual  service  of  the  enemy. 

Article  XV. 

On  the  contrary,  it  is  agreed  that  whatever  shall  be  found  to  be 
laden  by  the  citizens  of  either  party  on  any  ship  belonging  to  the 
enemies  of  the  other,  or  their  citizens,  shall  be  confiscated  without 
distinction  of  goods,  contraband  or  not  contraband,  in  the.  same  man- 
ner as  if  it  belonged  to  the  enemy,  except  such  goods  and  merchan- 
dizes as  were  put  on  board  such  ship  before  the  declaration  of  war,  or 
even  after  such  declaration,  if  so  be  it  were  done  without  knowledge 
of  such  declaration ; so  that  the  goods  of  the  citizens  of  either  party, 
whether  they  be  of  the  nature  of  such  as  are  prohibited,  or  other- 
wise, which,  as  is  aforesaid,  were  put  on  board  any  ship  belonging  to 
an  enemy  before  the  war,  or  after  the  declaration  of  the  same,  without 
the  knowledge  of  it,  shall  no  ways  be  liable  to  confiscation,  but  shall 
Avell  and  truly  be  restored  without  delay  to  the  proprietors  demanding 
the  same;  but  so  as  that  if  the  said  merchandizes  be  contraband,  it 
shall  not  be  any  ways  lawful  to  carry  them  afterwards  to  any  ports 
belonging  to  the  enemy.  The  two  contracting  parties  agree  that  the 
term  of  two  months  being  passed  after  the  declaration  of  war,  their 
respective  citizens,  from  whatever  part  of  the  world  they  come,  shall 
not  plead  the  ignorance  mentioned  in  this  article. 

Article  XVI. 

The  merchant  ships  belonging  to  the  citizens  of  either  of  the  con- 
tracting parties,  which  shall  be  bound  to  a port  of  the  enemy  of  one 
of  the  parties,  and  concerning  whose  voyage  and  the  articles  of  their 
cargo  there  shall  be  just  grounds  of  suspicion,  shall  be  obliged  to 
exhibit,  as  well  upon  the  high  seas  as  in  the  ports  or  roads,  not  only 
their  passports,  but  likewise  their  certificates,  showing  that  their 
goods  are  not  of  the  quality  of  those  which  are  specified  to  be  contra- 
band in  the  thirteenth  article  of  the  present  convention. 


502 


TREATIES,  CONVENTIONS,  ETC. 


Article  XVII. 

And  that  captures  on  light  suspicions  may  be  avoided,  and  injuries 
thence  arising  prevented,  it  is  agreed  that  when  one  party  shall  be 
engaged  in  war,  and  the  other  party  be  neuter,  the  ships  of  the  neu- 
tral party  shall  be  furnished  with  passports  similar  to  that  described 
in  the  fourth  article,  that  it  may  appear  thereby  that  the  ships  really 
belong  to  the  citizens  of  the  neutral  party;  they  shall  be  valid  for 
any  number  of  voyages,  but  shall  be  renewed  every  year;  that  is, 
if  the  ship  happens  to  return  home  in  the  space  of  a year.  If  the 
ships  are  laden,  they  shall  be  provided  not  only  with  the  passports 
above  mentioned,  but  also  with  certificates  similar  to  those  described 
in  the  same  article,  so  that  it  may  be  known  whether  they  carry  any 
contraband  goods.  No  other  paper  shall  be  required,  any  usage  or 
ordinance  to  the  contrary  notwithstanding.  And  if  it  shall  not 
appear  from  the  said  certificates  that  there  are  contraband  goods  on 
board,  the  ships  shall  be  permitted  to  proceed  on  their  vo3"age.  If  it 
shall  appear  from  the  certificates  that  there  are  contraband  goods 
on  board  any  such  ship,  and  the  commander  of  the  same  shall  offer  to 
deliver  them  up,  the  offer  shall  be  accepted,  and  the  ship  shall  be  at 
liberty  to  pursue  its  voyage,  unless  the  quantity  of  contraband  goods 
be  greater  than  can  conveniently  be  received  on  board  the  ship  of  war 
or  privateer,  in  which  case  the  ship  may  be  carried  into  port  for  the 
delivery  of  the  same. 

If  any  ship  shall  not  be  furnished  with  such  passport  or  certificates 
as  are  above  required  for  the  same,  such  case  may  be  examined  b}’'  a 
proper  judge  or  tribunal,  and  if  it  shall  appear  from  other  documents 
or  proofs  admissible  by  the  usage  of  nations,  that  the  ship  belongs  to 
the  citizens  of  the  neutral  party,  it  shall  not  be  confiscated,  but  shall 
be  released  with  her  cargo  (contraband  goods  excepted)  and  be  per- 
mitted to  proceed  on  her  voyage. 

If  the  master  of  a ship  named  in  the  passport  should  happen  to  die, 
or  be  removed  by  any  other  cause,  and  another  put  in  his  place,  the 
ship  and  cargo  shall  nevertheless  be  equally  secure,  and  the  passport 
remain  in  full  force. 

Article  XVIII. 

If  the  ships  of  the  citizens  of  either  of  the  parties  shall  be  met  with, 
either  sailing  along  the  coasts  or  on  the  high  seas,  by  any  ship  of  war 
or  privateer  of  the  other,  for  the  avoiding  of  anj^  disorder  the  said 
ships  of  war  or  jirivateers  shall  remain  out  of  cannon-shot,  and  may 
send  their  boats  on  board  the  merchant  ship  which  they  shall  so  meet 
with,  and  may  enter  her  to  the  number  of  two  or  three  men  only,  to 
whom  the  master  or  commander  of  such  ship  shall  exhibit  his  pass- 
port concerning  the  property'  of  the  ship,  made  out  according  to  the 
form  prescribed  in  the  fourth  article.  And  it  is  expressly  agreed 
that  the  neutral  party  shall  in  no  case  be  required  to  go  on  board  the 
examining  vessel  for  the  purpose  of  exhibiting  his  papers,  or  for  any 
other  examination  whatever. 

Article  XIX. 

It  is  expressly  agreed  by  the  contracting  parties  that  the  stipula- 
tions above  mentioned,  relative  to  the  conduct  to  be  observed  on  the 


FRANCE 1800. 


603 


sea  by  the  cruisers  of  the  belligerent  party  towards  the  ships  of  the 
neutral  party,  shall  be  applied  only  to  ships  sailing  without  convoy ; 
and  when  the  said  ships  shall  be  convoyed,  it  being  the  intention  of 
the  parties  to  observe  all  the  regard  due  to  the  protection  of  the  flag 
displayed  by  public  ships,  it  shall  not  be  lawful  to  visit  them;  but 
the  verbal  declaration  of  the  commander  of  the  convoy,  that  the  ships 
he  convoys  belong  to  the  nation  whose  flag  he  carries,  and  that  they 
have  no  contraband  goods  on  board,  shall  be  considered  by  the  respec- 
tive cruisers  as  fully  sufficient,  the  two  parties  reciprocally  engaging 
not  to  admit,  under  the  protection  of  their  convoys,  ships  which  shall 
carry  contraband  goods  destined  to  an  enemy. 

Article  XX. 

In  all  cases  where  vessels  shall  be  captured  or  detained,  under  pre- 
tence of  carrying  to  the  enemy  contraband  goods,  the  captor  shall 
give  a receipt  for  such  of  the  papers  of  the  vessel  as  he  shall  retain, 
which  receipt  shall  be  annexed  to  a descriptive  list  of  the  said  papers ; 
and  it  shall  be  unlawful  to  break  up  or  open  the  hatches,  chests, 
trunks,  casks,  bales,  or  vessels  found  on  board,  or  remove  the  smallest 
part  of  the  goods,  unless  the  lading  be  brought  on  shore  in  presence  of 
the  competent  officers,  and  an  inventory  be  made  by  them  of  the  said 
goods;  nor  shall  it  be  lawful  to  sell,  exchange,  or  alienate  the  same  in 
any  manner,  unless  there  shall  have  been  lawful  process,  and  the 
competent  judge  or  judges  shall  have  pronounced  against  such  goods 
sentence  of  confiscation,  saving  always  the  ship  and  the  other  goods 
which  it  contains. 

Article  XXI. 

And  that  proper  care  may  be  taken  of  the  vessel  and  cargo,  and 
embezzlement  prevented,  it  is  agreed  that  it  shall  not  be  lawful  to 
remove  the  master,  commander,  or  siqiercargo  of  any  captured  ship 
from  on  board  thereof,  either  during  the  time  the  ship  may  be  at  sea 
after  her  capture,  or  pending  the  proceedings  against  her  or  her 
cargo,  or  anything  relative  thereto.  And  in  all  cases  where  a vessel 
of  the  citizens  of  either  party  shall  be  captured  or  seized,  and  held 
for  adjudication,  her  officers,  passengers,  and  crew  shall  be  hospitably 
treated.  They  shall  not  be  imprisoned  or  deprived  of  any  part  of 
their  wearing  apparel,  nor  of  the  possession  and  use  of  their  money, 
not  exceeding  for  the  captain,  supercargo,  and  mate  five  hundred  dol- 
lars each,  ancl  for  the  sailors  and  passengers  one  hundred  dollars  each. 

Article  XXII. 

It  is  further  agreed  that  in  all  cases  the  established  courts  for  prize 
causes,  in  the  country  to  which  the  prizes  may  be  conducted,  shall 
alone  take  cognizance  of  them.  And  whenever  such  tribunal  of 
either  of  the  parties  shall  pronounce  judgment  against  any  vessel  or 
goods,  or  property  claimed  by  the  citizens  of  the  other  party,  the 
sentence  or  decree  shall  mention  the  reasons  or  motives  on  which  the 
same  shall  have  been  founded,  and  an  authenticated  copy  of  the  sen- 
tence of  decree,  and  of  all  the  proceedings  in  the  case,  shall,  if  de- 
manded, be  delivered  to  the  commander  or  agent  of  the  said  vessel, 
Avithout  any  delay,  he  paying  the  legal  fees  for  the  same. 


504 


TKEATIES,  CONVENTIONS,  ETC. 


Article  XXIII. 

And  that  more  abundant  care  may  be  taken  for  the  securit}'’  of  the 
respective  citizens  of  the  contracting  parties,  and  to  prevent  their 
suffering  injuries  by  the  men-of-var  or  privateers  of  either  party,  all 
commanders  of  ships  of  war  and  privateers,  and  all  others  the  said 
citizens,  shall  forbear  doing  any  damage  to  those  of  the  other  party, 
or  committing  any  outrage  against  them,  and  if  they  act  to  the  con- 
trary they  shall  be  punished,  and  shall  also  be  bound  in  their  persons 
and  estates  to  make  satisfaction  and  reparation  for  all  damages  and 
the  interest  thereof,  of  whatever  nature  the  said  damages  may  be. 

For  this  cause  all  commanders  of  privateers,  before  they  receive 
their  commissions,  shall  hereafter  be  obliged  to  give,  before  a com- 
petent judge,  sufficient  security  by  at  least  two  responsible  sureties 
who  have  no  interest  in  the  said  privateer,  each  of  whom,  together 
with  the  said  commander,  shall  be  jointly  and  severally  bound  iii 
the  sum  of  seven  thousand  dollars  or  thirty-six  thousand  eight  hun- 
dred and  twenty  francs,  or  if  such  ships  be  provided  with  above  one 
hundred  and  fifty  seamen  or  soldiers,  in  the  sum  of  fourteen  thousand 
dollars,  or  seventy-three  thousand  six  hundred  and  forty  francs,  to 
satisfy  all  damages  and  injuries  which  the  said  privateer,  or  her 
officers,  or  men,  or  any  of  them,  may  do  or  commit  during  their 
cruise,  contrary  to  the  tenor  of  this  convention,  or  to  the  laws  and 
instructions  for  regulating  their  conduct;  and  further,  that  in  all 
cases  of  aggression  the  said  commission  shall  be  revoked  and  annidled. 

Article  XXIV. 

VTien  the  ships  of  war  of  the  two  contracting  parties,  or  those  be- 
longing to  their  citizens  which  are  armed  in  war,  shall  be  admitted 
to  enter  with  their  prizes  the  ports  of  either  of  the  two  parties,  the 
said  public  or  private  ships,  as  well  as  their  prizes,  shall  not  be 
obliged  to  pay  any  duty  either  to  the  officers  of  the  place,  the  judges, 
or  any  others;  nor  shall  such  prizes,  when  they  come  to  and  enter  the 
ports  of  either  party,  be  arrested  or  seized,  nor  shall  the  officers  of 
the  place  make  examination  concerning  the  lawfulness  of  such  prizes; 
but  they  may  hoist  sail  at  any  time  and  depart,  and  carry  their  prizes 
to  the  places  expressed  in  their  commissions,  which  the  commanders 
of  such  ships  of  war  shall  be  obliged  to  shew.  It  is  always  under- 
stood that  the  stipulations  of  this  article  shall  not  extend  beyond  the 
privileges  of  the  most  favored  nation. 

Article  XXV. 

It  shall  not  be  lawful  for  an}’  foreign  privateers  who  have  commis- 
sions from  any  Prince  or  State  in  enmity  with  either  nation,  to  fit 
their  ships  in  the  ports  of  either  nation,  to  sell  their  prizes,  or  in  any 
manner  to  exchange  them ; neither  shall  they  be  allowed  to  purchase 
provisions,  except  such  as  shall  be  necessary  for  their  going  to  the 
next  port  of  that  Prince  or  State  from  which  they  have  received  their 
commissions. 

Article  XXVI. 

It  is  further  agreed  that  both  the  said  contracting  parties  shall  not 
only  refuse  to  receive  aii}^  pirates  into  any  of  their  ports,  havens,  or 


FRANCE 1800. 


505 


towns,  or  permit  any  of  their  inhabitants  to  receive,  protect,  harbor, 
conceal,  or  assist  them  in  any  manner,  but  will  bring  to  condigm  pun- 
ishment all  such  inhabitants  as  shall  be  guilty  of  such  acts  or  offenses. 

And  all  their  ships,  with  the  goods  or  merchandises,  taken  by  them 
and  brought  into  the  port  of  either  of  the  said  parties,  shall  be  seized 
as  far  as  they  can  be  discovered,  and  shall  be  restored  to  the  owners, 
or  their  factors  or  agents  duly  authorized  by  them ; (proper  evidence 
being  first  given  before  competent  judges  for  proving  the  property;) 
even  in  case  such  effects  should  have  passed  into  other  hands  by  sale, 
if  it  be  proved  that  the  buyers  knew  or  had  good  reason  to  believe  or 
suspect  that  they  had  been  piratically  taken. 

Article  XXVII. 

Xeither  party  will  intermeddle  in  the  fisheries  of  the  other  on  its 
coasts,  nor  disturb  the  other  in  the  exercise  of  the  rights  which  it  now 
holds  or  may  acquire  on  the  coast  of  Newfoundland,  in  the  Gulph  of 
St.  Lawrence,  or  elsewhere  on  the  American  coast  northward  of  the 
United  States.  But  the  whale  and  seal  fisheries  shall  be  free  to  both 
in  every  quarter  of  the  world. 

This  convention  shall  be  ratified  on  both  sides  in  due  form,  and  the 
ratifications  exchanged  in  the  space  of  six  months,  or  sooner,  if 
possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  the 
above  articles  both  in  the  French  and  English  languages,  and  they 
have  thereto  affixed  their  seals : declaring,  nevertheless,  that  the  sign- 
ing in  the  two  languages  shall  not  be  brought  into  precedent,  nor  in 
any  way  operate  to  the  prejudice  of  either  party. 

Done  at  Paris  the  eighth  day  of  Vendemiaire  of  the  ninth  year  of 
the  French  Eepublic,  the  thirtieth  day  of  September,  anno  Domini 
eighteen  hundred. 


[seal.] 

J.  Bonaparte. 

[seal.] 

C.  P.  Fleurieu. 

[seal.] 

POEDERER. 

[seal.] 

0.  Ellsworth. 

[seal.] 

W.  R.  Davie. 

[seal.] 

W.  V.  Murray. 

The  Senate  of  the  United  States  did,  by  their  resolution  of  the  3d 
day  of  February,  1801,  consent  to  and  advise  the  ratification  of  the 
convention : Provided.,  The  second  article  be  expunged,  and  that  the 
following  article  be  aclded  or  inserted : “ It  is  agreed  that  the  present 
convention  shall  be  in  force  for  the  term  of  eight  years  from  the 
time  of  the  exchange  of  the  ratifications.” 

Bonaparte,  First  Consul,  in  the  name  of  the  French  people,  con- 
sented on  the  31st  July,  1801,  “to  accept,  ratify,  and  confirm  the 
above  convention,  with  the  addition  importing  that  the  convention 
shall  be  in  force  for  the  space  of  eight  years,  and  with  the  retrench- 
ment of  the  second  article : Provided.,  That  by  this  retrenchment  the 
two  States  renounce  the  respective  pretensions,  wdiich  are  the  object 
of  the  said  article.” 

These  ratifications  having  been  exchanged  at  Paris  on  the  31st  of 
July,  1801,  -were  again  submitted  to  the  Senate  of  the  United  States, 
■which  on  the  19th  of  December,  1801,  declared  the  convention  fully 
ratified,  and  returned  it  to  the  President  for  promulgation.] 


506 


TREATIES,  CONVENTIONS,  ETC. 


1800. 

Preliminary  and  Secret  Treaty  between  the  French  Republick 

AND  HIS  C.  M.  THE  KiNG  OF  SpAIN,  RELATING  TO  THE  AGGRANDIZE- 
MENT OF  H.  R.  H.  THE  Infant  Duke  of  Parma  in  Italy,  and  to 

THE  RECESSION  OF  LOUISIANA.  (See  Art.  I,  treaty  1803.) 

His  Catholick  Majesty  having  always  manifested  the  most  anxious 
desire  to  procure  for  his  R.  H.  the  Duke  of  Parma  an  aggrandizement, 
which  might  place  him  on  a footing  corresponding  with  his  dignity; 
and  the  French  Republick  having  long  since  given  to  H.  C.  M.  the 
King  of  Spain  to  understand  the  desire  which  they  felt  to  recover 
possession  of  the  colony  of  Louisiana ; both  governments  having  inter- 
changed their  views  upon  these  two  subjects  of  common  interest,  and 
circumstances  permitting  them  to  enter  into  engagements  in  this  par- 
ticular, which  as  far  as  it  depends  on  them,  may  assure  reciprocal 
satisfaction,  have  authorized  for  this  purpose,  that  is  to  sa}" : the 
French  Republic,  the  citizen  Alexander  Berthier,  general  in  chief; 
and  his  C.  M.  don  Mariano  Luis  de  Urquijo,  Chevalier  of  the  Order 
of  Charles  III,  and  of  St.  John  of  Jerusalem,  Counsellor  of  State, 
his  Envoy  Extraordinary  and  Plenipotentiary  near  the  Batavian 
Republick,  and  his  provisional  first  Secretary  of  State;  who,  after 
having  exchanged  their  powers,  have  agreed,  saving  the  ratification, 
upon  the  following  articles : 

Article  I. 

The  French  Republick  engages  to  procure  for  H.  R.  H.  the  Infant 
Duke  of  Parma  an  augmentation  of  territory  which  shall  raise  the 
population  of  his  estates  to  one  million  of  inhabitants  with  the  title  of 
King,  and  all  the  rights  annexed  to  the  royal  dignity;  and  to  this 
effect  the  French  Republick  engages  to  obtain  the  consent  of  H.  M. 
the  Emperor  and  King,  and  of  the  other  states  interested,  so  that  H. 
R.  H.  the  Infant  Duke  of  Parma  may  without  opposition  enter  into 
possession  of  the  said  territories,  at  the  time  of  the  confirmation  of 
jieace  between  the  Erench  Rejiublick  and  his  Imperial  Majesty. 

Article  II. 

The  augumentation  to  be  given  to  H.  R.  H.  the  Duke  of  Parma  maj'^ 
consist  of  Tuscany,  in  case  the  present  negotiations  of  the  French 
government  with  H.  I.  Majesty  shall  permit  them  to  dispose  of  that 
country,  or  of  the  three  Roman  ecclesiastical  provinces,  or  any  other 
continental  provinces  of  Italy,  that  may  form  a rounded  estate. 

Article  III. 

H.  C.  M.  promises  and  engages  on  his  part  to  recede  to  the  French 
Republick,  six  months  after  the  full  and  entire  execution  of  the  con- 
ditions and  stipulations  herein  expressed,  relative  to  H.  R.  H.  the 
Duke  of  Parma,  the  colony  or  province  of  Louisiana,  with  the  same 
extent  that  it  now  has  in  the  hands  of  Spain,  and  had  while  in  the 
possession  of  France,  and  such  as  it  ought  to  hein  conformity  with  the 
treaties  subsequently  concluded  between  Spain  and  other  states. 


See  Treaty  1S03,  i>.  508. 


FRANCE — 1800. 


507 


Article  IV. 

H.  C.  M.  will  give  the  necessary  orders  for  the  occupation  of  Lou- 
isiana by  France,  the  moment  the  estates  designed  for  his  aggrandize- 
ment shall  be  placed  in  the  hands  of  H.  R.  H.  the  Duke  of  Parma. 
The  French  may,  according  to  its  convenience,  defer  the  taking  pos- 
session ; and  when  this  is  to  be  done,  the  states  directly  or  indirectly 
interested  shall  agree  upon  the  ulterior  conditions  which  their  common 
interests  and  that  of  their  inhabitants  may  demand. 

Article  V. 

H.  C.  M.  engages  to  deliver  to  the  F rench  Republick  in  the  ports  of 
Spain  in  Europe,  one  month  after  the  execution  of  the  stipulation 
with  regard  to  the  Duke  of  Parma,  six  ships  of  war  in  good  condition, 
of  seventy  four  guns,  armed  and  equipped,  and  in  a state  to  receive 
the  French  crews  and  supplies. 

Article  VI. 

The  stipulations  of  the  present  treaty  having  no  prejudicial  object ; 
but  on  the  contrary  preserving  untouched  the  rights  of  every  one,  it 
is  not  to  be  presumed,  they  can  excite  the  suspicions  of  any  power. 
But  if  the  contrary  should  happen,  and  the  result  of  their  execution 
should  be  that  the  two  states  are  attacked  or  threatened,  both  powers 
engage  to  make  a common  cause,  as  well  to  repel  aggression,  as  also  to 
take  those  conciliatory  measures  proper  to  maintain  peace  with  all 
their  neighbours. 

Article  VII. 

The  obligations  contained  in  the  present  treaty,  in  nothing  annul 
those  which  are  expressed  in  the  treaty  of  alliance  signed  at  St.  Ilde- 
fonso,  on  the  2d  Fructidor,  year  4,  (18th  of  August,  1796;)  on  the 
contrary  they  unite  with  new  ties  the  interests  of  the  two  powers,  and 
confirm  the  stipulations  of  the  treaty  of  alliance  in  all  the  cases  to 
which  they  can  be  applied. 


Article  VIII. 

The  ratifications  of  the  present  preliminary  articles  shall  be  com- 
pleted and  exchanged  in  the  period  of  one  month,  or  sooner  if  possi- 
ble, counting  from  the  date  of  the  signing  of  the  present  treaty. 

In  faith  of  which,  we,  the  undersigned,  ministers  plenipotentiary  of 
the  French  Republick,  and  of  H.  C.  M.  by  virtue  of  our  respective 
powers,  have  signed  the  present  preliminary  articles,  and  have  affixed 
our  seals. 

Done  at  St.  Ildefonso,  the  9th  Vendimiaire,  9th  year  of  the  French 
Republick,  (1st  October,  1800.) 

(Signed) 

(Signed) 


Alexander  Berthier, 
Mariano  Luis  de  Urquijo. 


508 


TREATIES,  CONVENTIONS,  ETC. 


1803. 

Treaty  for  the  Cession  of  Louisiana.® 

Concluded  April  30,  1803;  raiif  cation  advised  hy  the  Senate  October 
20,  1803;  ratified  by  the  President  October  21,  1803;  rcdifications 
exchanged  October  21,  1803;  proclaimed  October  21,  1803. 


Articles. 


I.  Cession  of  the  colony  of  Louisiana. 

II.  Extent  of  cession. 

III.  Citizenship  to  inhabitants. 

IV.  Transfer  of  territory. 

V.  Assumption  of  possession. 

VI.  Treaties  with  Indians. 


VII.  Privileges  to  French  and  Spanish 
ships. 

VIII.  Most  favored  nation  clause. 

IX.  Approval  of  other  conventions. 

X.  Ratification. 


The  President  of  the  United  States  of  America,  and  the  First  Con- 
sul of  the  French  Republic  in  the  name  of  the  French  People  desir- 
ing to  remove  all  source  of  misunderstanding  relative  to  objects  of 
discussion  mentioned  in  the  second  and  fifth  articles  of  the  Conven- 
tion of  the  jgQ  ^plembmASOO  *0  the  rights  claimed  by  the 

United  States  in  virtue  of  the  Treaty  concluded  at  Madrid  the  27  of 
October  1795,  between  His  Catholic  Majesty,  & the  said  United  States, 
& willing  to  strengthen  the  union  and  friendship  which  at  the  time  of 
the  said  Convention  was  happily  reestablished  between  the  two  na- 
tions have  respectively  named  their  Plenipotentiaries  to  wit  the  Presi- 
dent of  the  United  States,  b,y  and  with  the  advice  and  consent  of  the 
Senate  of  the  said  States;  Robert  R.  Livingston  Minister  Plenipo- 
tentiary of  the  United  States  and  James  Monroe  Minister  Pleni- 
potentiar}^  and  Envoy  extraordinary  of  the  said  States  near  the  Gov- 
ernment of  the  French  Republic;  And  the  First  Consul  in  the  name 
of  the  French  people.  Citizen  Francis  Barbe  Marbois  INIinister  of  the 
public  treasury  who  after  having  respectively  exchanged  their  full 
powers,  have  agreed  to  the  following  Articles. — 

Article  I 


AYhereas  by  the  Article  the  third  of  the  Treaty  concluded  at  St. 

Idelfonso  the  jpt  2800^^^  First  Consul  of  the 

French  Republic  and  his  Catholic  Majesty  it  was  agreed  as  follows. — 
“ His  Catholic  Majesty  promises  and  engages  on  his  part  to  cede  to 
“the  French  Republic  six  months  after  the  full  and  entire  execution 


“Federal  cases:  Foster  v.  Neilson  (2  Pet.,  253);  Soulard  r.  Lh  S.  (4  Pet., 
511)  ; Delassus  v.  V.  .S.  (9  Pet..  117)  ; New  Orleans  v.  De  Armas  (9  Pet.,  224)  ; 
Smith  V.  U.  S.  (10  Pet.,  326)  ; New  Orleans  v.  U.  S.  (10  Pet.,  662)  ; Strother  v. 
Lucas  (12  Pet.,  410)  : Garcia  v.  Lee  (12  Pet.,  511)  ; Keene  v.  IVhitaker  (14  Pet., 
170)  ; Chouteau  v.  Eckhart  (2  How.,  344)  ; Pollard  v.  Hagan  (3  How.,  212)  ; 
McDonogh  v.  Millaudou  (3  How.,  693)  ; U.  S.  v.  King  (3  How.,  773)  ; U.  S.  v. 
Reynes  (9  How.,  127)  ; Davis  r.  Police  Jury  of  Concordia  (9  How.,  280)  ; U.  S.  v. 
D’Auterive  (10  How.,  609)  ; U.  S.  r.  Philadelphia  and  New  Orleans  (11  How., 
609)  : V.  S.  v.  Turner  (11  How.,  663)  ; IT.  S.  v.  Lynde's  Heirs  (11  Wall.,  632)  ; 
Slidell  V.  Grand.iean  (111  U.  S.,  412)  ; Brvan  r.  Keunett  (113  U.  S.,  179)  ; 
Josephs  V.  IT.  S.  (1  Ct.  CIS.,  197;  2 Ct.  Cls.,  5S6)  ; Gray  v.  U.  S.  (21  Ct.  Cls.  340)  ; 
The  Ship  Tom  (29  Ct.  Cls.,  68)  ; Iowa  v.  Rood  (187  U.  S.,  S7). 


FRANCE 1803. 


509 


“ of  the  conditions  and  stipulations  herein  relative  to  his  Royal  High- 
“ ness  the  Duke  of  Parma,  the  Colony  or  Province  of  Louisiana  with 
“ the  same  extent  that  it  now  has  in  the  hands  of  Spain,  & that  it  had 
“when  France  possessed  it;  and  such  as  it  should  be  after  the  Trea- 
“ties  subsequently  entered  into  between  S^Dain  and  other  States.”® 

And  whereas  in  pursuance  of  the  Treaty  and  particularly  of  the 
third  article  the  French  Republic  has  an  incontestible  title  to  the 
domain  and  to  the  possession  of  the  said  Territory — The  First  Consul 
of  the  French  Republic  desiring  to  give  to  the  United  States  a strong 
proof  of  his  friendship  doth  hereby  cede  to  the  said  United  States 
in  the  name  of  the  French  Republic  forever  and  in  full  sovereignty 
the  said  territory  with  all  its  rights  and  appurtenances  as  fully  and 
in  the  same  manner  as  they  have  been  acquired  by  the  French  Repub- 
lic in  virtue  of  the  above  mentioned  Treaty  concluded  with  his  Cath- 
olic Majesty. 

Art:  II 

In  the  cession  made  by  the  preceding  article  are  included  the  adja- 
cent Islands  belonging  to  Louisiana  all  public  lots  and  squares,  vacant 
lands  and  all  public  buildings,  fortifications,  barracks  and  other  edi- 
fices which  are  not  private  property.  The  Archives,  papers  and  docu- 
ments relative  to  the  domain  and  sovereignty  of  Louisiana  and  its 
dependencies  will  be  left  in  the  possession  of  the  Commissaries  of  the 
United  States,  and  copies  will  be  afterwards  given  in  due  form  to  the 
Magistrates  and  Municipal  officers  of  such  of  the  said  papers  and  doc- 
uments as  may  be  necessary  to  them. 

Art:  III 

The  inhabitants  of  the  ceded  territory  shall  be  incorporated  in  the 
Union  of  the  United  States  and  admitted  as  soon  as  possible  accord- 
ing to  the  j^rinciples  of  the  Federal  Constitution  to  the  enjoyment  of 
all  the  rights,  advantages  and  immunities  of  citizens  of  the  United 
States ; and  in  the  mean  time  they  shall  be  maintained  and  protected 
in  the  free  enjoyment  of  their  liberty,  property  and  the  Religion 
which  they  profess. 

Art:  IV 

There  shall  be  sent  by  the  Government  of  France  a Commissary  to 
Louisiana  to  the  end  that  he  do  every  act  necessary  as  well  to  receive 
from  the  Officers  of  his  Catholic  Majesty  the  said  country  and  its 
dependencies  in  the  name  of  the  French  Republic  if  it  has  not  been 
already  .done  as  to  transmit  it  in  the  name  of  the  French  Republic  to 
the  Commissary  or  agent  of  the  United  States. 

Art:  V 

Immediately  after  the  ratification  of  the  present  Treaty  by  the  Pres- 
ident of  the  United  States  and  in  case  that  of  the  first  Consul’s  shall 
have  been  previously  obtained,  the  Commissary  of  the  French  Repub- 


“ For  full  text  of  agreement  see  page  506. 


510 


TREATIES,  CONVENTIONS,  ETC. 


lie  shall  remit  all  military  posts  of  Xew  Orleans  and  other  parts  of 
the  ceded  territory  to  the  Commissary  or  Commissaries  named  by  the 
President  to  take  possession — the  troops  whether  of  France  or  Spain 
who  may  be  there  shall  cease  to  occupy  any  military  post  from  the 
time  of  taking  possession  and  shall  be  embarked  as  soon  as  possible 
in  the  course  of  three  months  after  the  ratification  of  this  treaty. — 

Art:  VI 

The  United  States  promise  to  execute  such  treaties  and  articles  as 
may  have  been  agreed  between  Spain  and  the  tribes  and  nations  of 
Indians  until  by  mutual  consent  of  the  United  States  and  the  said 
tribes  or  nations  other  suitable  articles  shall  have  been  agreed  upon — 

Art:  VII 

As  it  is  reciprocally  advantageous  to  the  commerce  of  France  and 
the  United  States  to  encourage  the  communication  of  both  nations 
for  a limited  time  in  the  country  ceded  by  the  present  treaty  until 
general  arrangements  relative  to  the  commerce  of  both  nations  may 
be  agreed  on : it  has  been  agreed  between  the  contracting  parties  that 
the  French  ships  coming  directly  from  France  or  any  of  her  colonies 
loaded  only  Avith  the  produce  and  manufactures  of  France  or  her 
said  Colonies ; and  the  ships  of  Spain  coming  directly  from  Spain  or 
any  of  her  colonies  loaded  only  with  the  produce  or  manufactures  of 
Spain  or  her  Colonies  shall  be  admitted  during  the  space  of  twelve 
years  in  the  Port  of  New-Orleans  and  in  all  other  legal  ports-of-entry 
within  the  ceded  territory  in  the  same  manner  as  the  ships  of  the 
United  States  coming  directly  from  France  or  Spain  or  any  of  their 
Colonies  Avithout  being  subject  to  any  other  or  greater  duty  on  mer- 
chandize or  other  or  greater  tonnage  than  that  paid  by  the  citizens 
of  the  United  States. — 

During  the  space  of  time  aboA^e  mentioned  no  other  nation  shall 
have  a right  to  the  same  privileges  in  the  Ports  of  the  ceded  terri- 
tory— the  twelve  years  shall  commence  three  months  after  the  ex- 
change of  ratifications  if  it  shall  take  place  in  France  or  three  months 
after  it  shall  haA^e  been  notified  at  Paris  to  the  French  GoA^ernment 
if  it  shall  take  place  in  the  United  States;  It  is  hoAveA’^er  Avell  under- 
stood that  the  object  of  the  aboA^e  article  is  to  faA'our  the  manufac- 
tures, commerce,  freight  and  naAUgation  of  France  and  of  Spain  so 
far  as  relates  to  the  importations  that  the  french  and  Spanish  shall 
make  into  the  said  ports  of  the  United  States  without  in  any  sort 
aflPecting  the  regulations  that  the  United  States  may  make  concern- 
ing the  exportation  of  the  produce  and  merchandize  of  the  United 
States,  or  any  right  they  may  have  to  make  such  regulations. — 

Art:  VIII 

In  future  and  forever  after  the  expiration  of  the  twelve  years,  the 
ships  of  France  shall  be  treated  upon  the  footing  of  the  most  favoured 
nations  in  the  ports  above  mentioned — 


FEANCE — 1803. 


511 


Art:  IX 

The  particular  Convention  signed  this  day  by  the  respective  Minis- 
ters having  for  its  object  to  provide  for  the  payment  of  debts  due  to 
the  Citizens  of  the  United  States  by  the  French  Republic  prior  to  the 
30^*'  Sepf  1800  (8**'  Vendemiaire  an  9)  is  approved  and  to  have  its 
execution  in  the  same  manner  as  if  it  had  been  inserted  in  this  pres- 
ent treaty  and  it  shall  be  ratified  in  the  same  form  and  in  the  same 
time  so  that  the  one  shall  not  be  ratified  distinct  from  the  other— 

Another  particular  Convention  signed  at  the  same  date  as  the  pres- 
ent treaty  relative  to  a definitive  rvde  between  the  contracting  parties 
is  in  the  like  manner  approved  and  will  be  ratified  in  the  same  form,, 
and  in  the  same  time  and  jointly. — 

Art  X 

The  present  treaty  shall  be  ratified  in  good  and  due  form  and  the 
ratifications  shall  be  exchanged  in  the  space  of  six  months  after  the 
date  of  the  signature  by  the  Ministers  Plenipotentiary  or  sooner  if 
possible. 

In  faith  whereof  the  respective  Plenipotentaries  have  signed  these 
articles  in  the  French  and  English  languages;  declaring  nevertheless 
that  the  present  Treaty  was  originally  agreed  to  in  the  French  lan- 
guage ; and  have  thereunto  affixed  their  seals. 

Done  at  Paris  the  tenth  day  of  Floreal,  in  the  eleventh  year  of  the 
French  Republic;  and  the  of  April  1803 

Rob’^  R Livingston 
[seal.] 

Ja®.  Monroe. 

[seal.] 

Barbe  Marbois 
[seal.] 


1803. 

Convention  for  Payment  of  Sixty  Million  Francs  by  the  United 

States. 

Concluded  April  30, 1803;  ratification  advised  Oy  the  Senate  Octoher 
20,  1803;  ratified  hy  the  President  October  21,  1803;  ratifications 
exchanged  October  21, 1803;  proclaimed  October  21, 1803. 

Articles. 

I.  Sum  to  be  paid.  I III.  Value  of  the  dollar ; ratification. 

II.  Manner  of  payment.  | 

The  President  of  the  United  States  of  America  and  the  First  Con- 
sul of  the  French  Republic,  in  the  name  of  the  French  people,  in 
consequence  of  the  treaty  of  cession  of  Louisiana,  which  has  been 
signed  this  day,  wishing  to  regulate  definitively  everything  which 
has  relation  to  the  said  cession,  have  authorized  to  this  effect  the 
Plenipotentiaries,  that  is  to  say : The  President  of  the  United  States 


512 


TEEATIES,  CONVENTIOKS,  ETC. 


has,  by  and  with  the  advice  and  consent  of  the  Senate  of  the  said 
States,  nominated  for  their  Plenipotentiaries,  Robert  R.  Livingston, 
Minister  Plenipotentiary  of  the  United  States,  and  James  Monroe, 
Minister  Plenipotentiary  and  Envoy  Extraordinary  of  the  saicl 
United  States,  near  the  Government  of  the  French  Republic;  and 
the  First  Consul  of  the  French  Republic,  in  the  name  of  the  French 
people,  has  named  as  Plenipotentiary  of  the  said  Republic,  the  citi- 
zen Francis  Barbe  Marbois;  who,  in  virtue  of  their  full  powers, 
which  have  been  exchanged  this  day,  have  agreed  to  the  following 
articles : 

Article  I. 

The  Government  of  the  United  States  engages  to  pay  to  the  French 
Government  in  the  manner  specified  in  the  following  article,  the 
sum  of  sixty  millions  of  francs,  indej)endent  of  the  sum  which  shall 
be  fixed  by  another  convention  for  the  payment  of  the  debts  due 
by  France  to  citizens  of  the  United  States. 

Article  II. 

For  the  payment  of  the  sum  of  sixty  million  of  francs,  mentioned  in 
the  23receding  article,  the  United  States  shall  create  a stock  of  eleven 
millions  two  hundred  and  fifty  thousand  dollars,  bearing  an  interest 
of  six  jier  cent,  jier  annum,  playable  half  yearly  in  London,  Amster- 
dam, or  Paris,  amounting  by  the  half  year,  to  three  hundred  and 
thirty-seven  thousand  five  hundred  dollars,  according  to  the  iirojior- 
tions  which  shall  be  determined  by  the  French  Government  to  be  jiaid 
at  either  jilace;  the  jirinciiial  of  the  said  stock  to  be  re-imbursed  at 
the  Treasury  of  the  United  States,  in  annual  payments  of  not  less 
than  three  millions  of  dollars  each,  of  which  the  first  jiayment  shall 
commence  fifteen  years  after  the  date  of  the  exchange  of  ratifications : 
this  stock  shall  be  transferred  to  the  Government  of  France,  or  to 
such  person  or  persons  as  shall  be  authorized  to  receive  it,  in  three 
months  at  most  after  the  exchange  of  the  ratifications  of  this  treaty, 
and  after  Louisiana  shall  be  taken  possession  of  in  the  name  of  the 
Government  of  the  United  States. 

It  is  further  agreed,  that  if  the  French  Government  should  be  de- 
sirous of  disposing  of  the  said  stock  to  receive  the  capital  in  Euroiie, 
at  shorter  terms,  that  its  measures  for  that  jiui’iiose  shall  be  taken  so 
as  to  favor,  in  the  greatest  degree  jiossible,  the  credit  of  the  United 
States,  and  to  raise  to  the  highest  jirice  the  said  stock. 

Article  III. 

It  is  agreed  that  the  dollar  of  the  United  States,  specified  in  the 
present  convention,  shall  be  fixed  at  five  francs  iVimr  or  five  livres 
eight  sous  tournois. 

The  present  convention  shall  be  ratified  in  good  and  due  form,  and 
the  ratification  shall  be  exchanged  in  the  sjiace  of  six  months  to  date 
from  this  day,  or  sooner  if  possible. 

In  faith  of  which,  the  respective  Plenipotentiaries  have  signed  the 
above  articles,  both  in  the  French  and  English  languages,  declaring, 
nevertheless,  that  the  jiresent  treaty  has  been  originally  agreed  on  and 


FRANCE — 1803. 


513 


written  in  the  French  language;  to  which  they  have  hereunto  affixed 
their  seals. 

Done  at  Paris  the  tenth  of  Floreal,  eleventh  year  of  the  French  Re- 
public, (30th  April,  1803.) 

[seal.]  Robt.  R.  Livingston, 

[seal.]  Jas.  Monroe. 

[seal.]  Barbe  Marbois. 


1803. 

Convention  for  Payment  of  Sums  Due  by  France  to  Citizens 
OF  THE  United  States. 

Concluded  April  30, 1803;  rati-fication  advised  hy  the  Senate  Octoher 
20,  1803;  ratified  hy  the  President  Octoher  21,  1803;  ratifications 
exchanged  Octoher  21,  1803;  proclaimed  Octoher  21,  1803. 


Articles. 


I.  Payment  of  claims. 

II.  Description  of  claims. 

III.  Mode  of  payment. 

IV.  Claims  comprehended. 

V.  To  what  cases  applicable. 

VI.  Commissioners. 

VII.  Examination  of  claims  to  be  ad- 
mitted. 


VIII.  Examination  of  claims  not  liqui- 
dated. 

IX.  How  debts  shall  be  discharged. 

X.  Commercial  agent  to  assist. 

XI.  Decision. 

XII.  Claims  since  September,  1809. 

XIII.  Ratification. 


The  President  of  the  United  States  of  America  and  the  First 
Consul  of  the  French  Republic,  in  the  name  of  the  French  people, 
having  by  a treaty  of  this  date  terminated  all  difficulties  relative  to 
Louisiana,  and  established  on  a solid  foundation  the  friendship  which 
unites  the  two  nations,  and  being  desirous,  in  compliance  with  the 
second  and  fifth  articles  of  the  convention  of  the  eighth  Vendemiaire, 
ninth  year  of  the  French  Republic  (30th  September,  1800,)  to  secure 
the  payment  of  the  sums  due  by  France  to  the  citizens  of  the  United 
States,  have  respectively  nominated  as  Plenipotentiaries,  that  is  to 
say : the  President  of  the  United  States  of  America,  by  and  with  the 
advice  and  consent  of  their  Senate,  Robert  R.  Livingston,  Minister 
Plenipotentiary,  and  James  Monroe,  Minister  Plenipotentiary  and 
Envoy  Extraordinary  of  the  said  States,  near  the  Government  of  the 
French  Republic;  and  the  First  Consul,  in  the  name  of  the  French 
people,  the  citizen  Francis  Barbe  Marbois,  Minister  of  the  Public 
Treasury ; who,  after  having  exchanged  their  full  powers,  have  agreed 
to  the  following  articles : 

Article  J. 


The  debts  due  by  France  to  citizens  of  the  United  States,  con- 
tracted before  the  8th  of  Vendemiaire,  ninth  year  of  the  French 
Republic,  (30th  September,  1800,)  shall  be  paid  according  to  the 
following  regulations,  with  interest  at  six  per  cent.,  to  commence 
from  the  period  when  the  accounts  and  vouchers  were  presented  to 
the  French  Government. 


24449— VOL  1—10 33 


514 


TREATIES,  CONVENTIONS,  ETC. 


Article  II. 

The  debts  provided  for  by  the  preceding  article  are  those  whose 
result  is  comprised  in  the  conjectural  note  annexed  to  the  present 
Convention,  and  which,  with  the  interest,  cannot  exceed  the  sum 
of  twenty  millions  of  francs.  The  claims  comprised  in  the  said 
note  which  fall  within  the  exceptions  of  the  following  articles,  shall 
not  be  admitted  to  the  benefit  of  this  provision. 

Article  III. 

The  principal  and  interests  of  the  said  debts  shall  be  discharged 
by  the  United  States,  by  orders  drawn  by  their  Minister  Plenipo- 
tentiary on  their  treasury;  these  orders  shall  be  payable  sixty  days 
after  the  exchange  of  ratifications  of  the  treaty  and  the  conventions 
signed  this  day,  and  after  possession  shall  be  given  of  Louisiana  by 
the  commissaries  of  France  to  those  of  the  United  States. 

Article  IV. 

It  is  expressly  agreed  that  the  preceding  articles  shall  comprehend 
no  debts  but  such  as  are  due  to  citizens  of  the  United  States,  who 
have  been  and  are  yet  creditors  of  France,  for  supplies,  for  embar- 
goes, and  prizes  made  at  sea^  in  which  the  appeal  has  been  properly 
lodged  within  the  time  mentioned  in  the  said  convention,  8th  Vende- 
miaire,  ninth  year,  (30th  September,  1800.) 

Article  V. 

The  preceding  articles  shall  apply  only,  1st,  to  captures  of  which 
the  council  of  prizes  shall  have  ordered  restitution,  it  being  well 
understood  that  the  claimant  cannot  have  recourse  to  the  United 
States,  otherwise  than  he  might  have  had  to  the  government  of  the 
French  Kepublic,  and  only  in  case  of  insufficiency  of  the  captors; 
2d,  the  debts  mentioned  in  the  said  fifth  article  of  the  convention 
contracted  before  the  8th  Vendemiaire,  an  9,  (30th  September,  1800,) 
the  payment  of  which  has  been  heretofore  claimed  of  the  actual 
Government  of  France,  and  for  which  the  creditors  have  a right  to 
the  protection  of  the  United  States;  the  said  fifth  article  does  not 
comprehend  prizes  whose  condemnation  has  been  or  shall  be  con- 
firmed : it  is  the  express  intention  of  the  contracting  parties  not  to 
extend  the  benefit  of  the  present  convention  to  reclamations  of  Amer- 
ican citizens,  who  shall  have  established  houses  of  commerce  in 
France,  England  or  other  countries  than  the  United  States,  in  part- 
nership with  foreigners,  and  who  by  that  reason  and  the  nature  of 
their  commerce  ought  to  be  regarded  as  domiciliated  in  the  places 
where  such  houses  exist.  All  agreements  and  bargains  concerning 
merchandise,  which  shall  not  be  the  property  of  American  citizens, 
are  equally  excepted  from  the  benefit  of  the  said  Convention,  saving, 
however,  to  such  persons  their  claims  in  like  manner  as  if  this  Treaty 
had  not  been  made. 


FRANCE 1803. 


515 


Article  VI. 

And  that  the  different  questions  which  may  arise  under  the  pre- 
ceding article  may  be  fairly  investigated,  the  Ministers  Plenipoten- 
tiary of  the  United  States  shall  name  three  persons,  who  shall  act 
from  the  present  and  provisionally,  and  who  shall  have  full  power  to 
examine,  without  removing  the  documents,  all  the  accounts  of  the 
different  claims  already  liquidated  by  the  bureaus  established  for  this 
purpose  by  the  French  Republic,  and  to  ascertain  whether  they  be- 
long to  the  classes  designated  by  the  present  convention  and  the  prin- 
ciples established  in  it ; or  if  they  are  not  in  one  of  its  exceptions  and 
on  their  certificate,  declaring  that  the  debt  is  due  to  an  American 
citizen  or  his  representative,  and  that  it  existed  before  the  8th  Ven- 
demiaire,  9th  year,  (30th  Se^itember,  1800,)  the  debtor  shall  be 
entitled  to  an  order  on  the  Treasury  of  the  United  States,  in  the 
manner  prescribed  by  the  third  article. 

Article  VII. 

The  same  agents  shall  likewise  have  power,  without  removing  the 
documents,  to  examine  the  claims  which  are  prepared  for  verification, 
and  to  certify  those  which  ought  to  be  admitted  by  uniting  the 
necessary  qualifications,  and  not  being  comprised  in  the  exceptions 
contained  in  the  present  convention. 

Article  VIII. 

The  same  agents  shall  likewise  examine  the  claims  which  are  not 
prepared  for  liquidation,  and  certify  in  writing  those  which  in  their 
judgment  ought  to  be  admitted  to  liquidation. 

Article  IX. 

In  proportion  as  the  debts  mentioned  in  these  articles  shall  be 
admitted,  they  shall  be  discharged  with  interest,  at  six  per  cent.,  by 
the  Treasury  of  the  United  States. 

Article  X. 

And  that  no  debt  which  shall  not  have  the  qualifications  above 
mentioned,  and  that  no  unjust  or  exorbitant  demand  may  be  admitted, 
the  Commercial  Agent  of  the  United  States  at  Paris,  or  such  other 
agent  as  the  Minister  Plenipotentiary  of  the  United  States  shall 
think  proper  to  nominate,  shall  assist  at  the  operations  of  the  bureaus, 
and  co-operate  in  the  examinations  of  the  claims;  and  if  this  Agent 
shall  be  of  opinion  that  any  debt  is  not  completely  proved,  or  if  he 
shall  judge  that  it  is  not  comprised  in  the  principles  of  the  fifth 
article  above  mentioned,  and  if,  notwithstanding  his  opinion,  the 
bureaus  established  by  the  French  Government  s&uld  think  that  it 
ought  to  be  liquidated,  he  shall  transmit  his  observations  to  the  board 
established  by  the  United  States,  who,  without  removing  documents, 
shall  make  a complete  examination  of  the  debt  and  vouchers  which 
support  it,  and  report  the  result  to  the  Minister  of  the  United  States. 
The  Minister  of  the  United  States  shall  transmit  his  observations,  in 


516 


TREATIES,  CONVENTIONS,  ETC. 


all  such  cases,  to  the  Minister  of  the  Treasury  of  the  French  Republic, 
on  whose  report  the  French  Government  shall  decide  definitively  in 
every  case. 

The  rejection  of  any  claim  shall  have  no  other  effect  than  to 
exempt  the  United  States  from  the  payment  of  it,  the  French  Gov- 
ernment reserving  to  itself  the  right  to  decide  definitively  on  such 
claim  so  far  as  it  concerns  itself. 


Article  XI. 


Every  necessary  decision  shall  be  made  in  the  course  of  a year,  to 
commence  from  the  exchange  of  ratifications,  and  no  reclamation 
shall  be  admitted  afterwards. 


Article  XII. 


In  case  of  claims  for  debts  contracted  by  the  Government  of  France 
with  citizens  of  the  United  States  since  the  8th  Vendemiaire,  ninth 
year,  (30th  September,  1800,)  not  being  comprised  in  this  conven- 
tion, may  be  pursued,  and  the  payment  demanded  in  the  same  manner 
as  if  it  had  not  been  made. 


Article  XIII. 


The  present  convention  shall  be  ratified  in  good  and  due  form,  and 
the  ratifications  shall  be  exchanged  in  six  months  from  the  date  of 
the  signature  of  the  Ministers  Plenipotentiary,  or  sooner  if  possible. 

In  faith  of  which,  the  respective  Ministers  Plenipotentiary  have 
signed  the  above  articles  both  in  the  French  and  English  languages, 
declaring,  nevertheless,  that  the  present  treaty  has  been  originally 
agreed  on  and  written  in  the  French  language;  to  which  they  have 
hereunto  affixed  their  seals. 


Done  at  Paris,  the  tenth  of  Floreal,  eleventh  year  of  the  French 
Republic,  thirtieth  April,  1803. 


[seal.] 

[seal.] 

[seal.] 


Robt.  R.  Livingston. 
Jas.  Monroe. 

Barbe  Marbois. 


TABLEAU  GENERAL  DES  RECLAMATIONS  AMERICAINES. 

Liquidation  gtnkrale  de.  la  dette  publique,  ime  direction,  Ire  section. 

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Cr^ances  dont  les  rapports  ont  6t6  soumis  au  dirccteur  particulier 5,093,679  10  2 > dation  a 6t6  faite  ont  ddjit  aUou6  les  in- 

Cr^ances  &,  llquider 8,034,722  14  4 | tdrOts  de  plusieurs  de  ces  crdances. 

Rfelamations  relatives  5, 1’erabargo  de  1793 3,301,122  8 8 Susceptible  d’uno  rdduction  considerable. 

Total 19,889,303  6 8 


FEANCE — 1803-1822. 


521 


The  Commission  provided  for  in  the  foregoing  convention  was 
duly  appointed,  held  its  first  meeting  July  5,  1803,  and  adjourned 
December  1,  1804. 


1822. 


Convention  of  Navigation  and  Commerce. 


Concluded  June  24,  1822;  ratification  advised  hy  the  Senate  January 
31, 1823;  ratified  hy  the  President  February  12,  1823;  ratifications 
exchanged  February  12,  1823;  'proclaimed  February  12,  1823. 

Articles. 


I.  Extra  duties  by  American  vessels. 

II.  Extra  duties  by  French  vessels. 

III.  Transit  and  reexportation. 

IV.  Ton  described. 

V.  Shipping  charges. 


VI.  Deserters  from  ships. 

VII.  Duration ; reduction  of  extra  du- 
ties. 

Vm.  Ratification. 

Separate  article.  Refund  of  ex- 
tra duties. 


The  United  States  of  America  and  His  Majesty  the  King  of  France 
and  Navarre,  being  desirous  of  settling  the  relations  of  navigation  and 
commerce  between  their  respective  nations,  by  a temporary  con- 
vention reciprocally  beneficial  and  satisfactory,  and  thereby  of  lead- 
ing to  a more  permanent  and  comprehensive  arrangement,  have 
respectively  furnished  their  full  powers  in  manner  following,  that  is 
to  say : 

The  President  of  the  United  States  to  John  Quincy  Adams,  their 
Secretary  of  State,  and  His  Most  Christian  Majesty  to  the  Baron 
Hyde  de  Neuville,  Knight  of  the  Royal  and  Military  Order  of  St. 
Louis,  Commander  of  the  Legion  of  Honor,  Grand  Cross  of  the  Royal 
American  Order  of  Isabella  the  Catholic,  his  Envoy  Extraordinary 
and  Minister  Plenipotentiary  near  the  United  States ; 

Who,  after  exchanging  their  full  powers,  have  agreed  on  the  fol- 
lowing articles: 

Article  I. 

Articles  of  the  growth,  produce  or  manufacture,  of  the  United 
States,  imported  into  France  in  vessels  of  the  United  States,  shall  pay 
an  additional  duty,  not  exceeding  twenty  francs  per  ton  of  mer- 
chandise, over  and  above  the  duties  paid  on  the  like  articles,  also  of 
the  growth,  produce  or  manufacture,  of  the  United  States,  when 
imported  in  French  vessels. 

Article  II. 

Articles  of  the  growth,  produce  or  manufacture,  of  France,  im- 
ported into  the  United  States  in  French  vessels,  shall  pay  an  addi- 
tional duty,  not  exceeding  three  dollars  and  seventy-five  cents  per  ton 
of  merchandise,  over  and  above  the  duties  collected  upon  the  like 
articles,  also  of  the  growth,  produce  or  manufacture  of  France,  when 
imported  in  vessels  of  the  United  States. 

Article  III. 

No  discriminating  duty  shall  be  levied  upon  the  productions  of  the 
soil  or  industry  of  France,  imported  in  French  bottoms  into  the  ports 
of  the  United  States  for  transit  or  re-exportation ; nor  shall  any  such 


522 


TREATIES,  CONVENTIONS,  ETC. 


duties  be  levied  upon  the  productions  of  the  soil  or  industry  of  the 
United  States,  imported  in  vessels  of  the  United  States  into  the 
ports  of  France  for  transit  or  re-exportation. 

Article  IV. 

The  following  quantities  shall  be  considered  as  forming  the  ton  of 
merchandise  for  each  of  the  articles  hereinafter  specified:  Wines — 
four  61-gallon  hogsheads,  or  244  gallons  of  231  cubic  inches,  Ameri- 
can measure. 

Brandies,  and  all  other  liquids,  244  gallons. 

Silks  and  all  other  dry  goods,  and  all  other  articles  usually  subject 
to  measurement,  forty-two  cubic  feet,  French,  in  France,  and  fifty 
cubic  feet  American  measure,  in  the  United  States. 

Cotton,  804  lbs.  avoirdupois,  or  365  kilogrammes. 

Tobacco,  1,600  lbs.  avoirdupois,  or  725  kilogrammes. 

Ashes,  pot  and  pearl,  2,240  lbs.  avoirdupois,  or  1,016  kilogs. 

Rice,  1,600  lbs.  avoirdupois,  or  725  kilogrammes;  and  for  all  weigh- 
able  articles,  not  specified,  2,240  lbs.  avoirdupois,  or  1,016  kilo- 
grammes. 

Article  V. 

The  duties  of  tonnage,  light-money,  pilotage,  port  charges,  broker- 
age and  all  other  duties  upon  foreign  shipping,  over  and  above  those 
paid  by  the  national  shipping  in  the  two  countries  respectively,  other 
than  those  specified  in  articles  1 and  2 of  the  present  convention, 
shall  not  exceed  in  France,  for  vessels  of  the  United  States,  five 
francs  per  ton  of  the  vessel’s  American  register;  nor  for  vessels  of 
France  in  the  United  States,  ninety-four  cents  per  ton  of  the  vessel’s 
French  passport. 

Article  VI. 

The  contracting  parties,  wishing  to  favor  their  mutual  commerce, 
by  affording  in  their  ports  every  necessary  assistance  to  their  re- 
spective vessels,  have  agreed  that  the  Consuls  and  Vice-Consuls  may 
cause  to  be  arrested  the  sailors,  being  part  of  the  crews  of  the  vessels 
of  their  respective  nations,  who  shall  have  deserted  from  the  said 
vessels,  in  order  to  send  them  back  and  transport  them  out  of  the 
country.  For  which  purpose  the  said  consuls  and  Vice-Consuls  shall 
address  themselves  to  the  courts,  judges  and  officers  competent,  and 
shall  demand  the  said  deserters  in  writing,  proving  b}'^  an  exhibition 
of  the  registers  of  the  vessel,  or  ship’s  roll,  or  other  official  documents, 
that  those  men  were  part  of  the  said  crews;  and  on  this  demand,  so 
proved,  (saving  however  where  the  contrary  is  proved,)  the  delivery 
shall  not  be  refused;  and  there  shall  be  given  all  aid  and  assistance 
to  the  said  consuls  and  vice-consuls  for  the  search,  seizure  and  arrest  of 
the  said  deserters,  who  shall  even  be  detained  and  kept  in  the  prisons 
of  the  country,  at  their  request  and  expense,  until  they  shall  have 
found  an  opportunity  of  sending  them  back.  But  if  they  be  not 
sent  back  within  three  months,  to  be  counted  from  the  day  of  their 
arrest,  they  shall  be  set  at  liberty,  and  shall  be  no  more  arrested  for 
the  same  cause. 

Article  VII. 

The  present  temporary  convention  shall  be  in  force  for  two  years 
from  the  first  day  of  October  next,  and  even  after  the  expiration  of 


FRANCE — 1822-1831. 


523 


that  term,  until  the  conclusion  of  a definitive  treaty,  or  until  one  of 
the  parties  shall  have  declared  its  intention  to  renounce  it;  which 
declaration  shall  be  made  at  least  six  months  before  hand. 

And  in  case  the  present  arrangement  should  remain  without  such 
declaration  of  its  discontinuance  by  either  party,  the  extra  duties 
specified  in  the  1st  and  2d  articles,  shall,  from  the  expiration  of  the 
said  two  years,  be,  on  both  sides,  diminished  by  one-fourth  of  their 
whole  amount,  and,  afterwards  by  one-fourth  of  the  said  amount 
from  year  to  year,  so  long  as  neither  party  shall  have  declared  the 
intention  of  renouncing  it  as  above  stated. 

Article  VIII. 

The  present  convention  shall  be  ratified  on  both  sides,  and  the  ratifi- 
cations shall  be  exchanged  within  one  year  from  the  date  hereof,  or 
sooner  if  possible.  But  the  execution  of  the  said  convention  shall 
commence  in  both  countries  on  the  first  of  October  next,  and  shall 
be  effective,  even  in  case  of  non-ratification,  for  all  such  vessels  as 
may  have  sailed  hona  fde  for  the  ports  of  either  nation,  in  the  confi- 
dence of  its  being  in  force. 

In  faith  whereof,  the  respective  Plenipotentiaries  have  signed  the 
present  convention,  and  have  thereto  affixed  their  seals,  at  the  city 
of  Washington,  this  24th  day  of  June,  A.  D.  1822. 

[seal.]  John  Quincy  Adams. 

[seal.]  G.  Hyde  de  Neuville. 


separate  article. 

The  extra  duties  levied  on  either  side  before  the  present  day,  by 
virtue  of  the  act  of  Congress  of  15th  May,  1820,  and  of  the  ordinance 
of  26th  July  of  the  same  year,  and  others  confirmative  thereof,  and 
which  have  not  already  been  paid  back,  shall  be  refunded. 

Signed  and  sealed  as  above,  this  24th  day  of  June,  1822. 

[seal.]  John  Quincy  Adams, 

[seal.]  G.  Hyde  de  Neuville. 


1831. 


Convention  as  to  Claims  and  Duties  on  Wines  and  Cotton.® 

Concluded  July  4,  1831 ; ratification  advised  hy  the  Senate  January 
27^  1832;  ratified  hy  the  President  February  2,  1832;  ratifications 
exchanged  February  2,  1832;  froclaimed  July  13^  1832. 

Articles. 


I.  Indemnity  to  American  citizens. 

II.  Mode  of  payment. 

III.  Idemnity  to  French  citizens. 

IV.  Mode  of  payment. 


V.  Claims  not  provided  for. 
VI.  Documents  and  papers. 
VII.  French  wines. 

VIII.  Ratification. 


The  United  States  of  America  and  His  Majesty  the  King  of  the 
French,  animated  with  an  equal  desire  to  adjust  amicably,  and  in  a 
manner  conformable  to  equity,  as  well  as  to  the  relations  of  good  in- 


“ Federal  cases : Frevall  v.  Bashe  (14  Pet.,  95),  Gray  v.  U.  S.  (21  Ct.  Cls.,  340). 


524 


TEEATIES,  CONVENTIONS,  ETC. 


telligence  and  sincere  friendship  which  unite  the  two  countries,  the 
reclamations  formed  by  the  respective  Governments,  have,  for  this 
purpose,  named  for  their  Plenipotentiaries,  to  wit: 

The  President  of  the  United  States,  by  and  with  the  advice  and 
consent  of  the  Senate,  William  C.  Rives,  Envoy  Extraordinary  and 
Minister  Plenipotentiary  of  the  said  United  States,  near  his  Majesty 
the  King  of  the  French,  and  His  Majesty  the  King  of  the  French, 
Count  Horace  Sebastiani,  Lieutenant  General  of  his  Armies,  his  Min- 
ister Secretary  of  State  for  the  Department  of  Foreign  Affairs, 
&c.,  &c. ; 

Who,  after  having  exchanged  their  full  powers,  found  in  good  and 
due  form,  have  agreed  upon  the  following  articles: 

Article  I. 

The  French  Government,  in  order  to  liberate  itself  completely  from 
all  the  reclamations  preferred  against  it  by  citizens  of  the  United 
States,  for  unlawful  seizures,  captures,  sequestrations,  confiscations 
or  destructions  of  their  vessels,  cargoes  or  other  property,  engages  to 
pay  a sum  of  twenty-five  millions  of  francs  to  the  Government  of  the 
United  States,  who  shall  distribute  it  among  those  entitled,  in  the 
manner  and  according  to  the  rules  which  it  shall  determine. 

Article  II. 

The  sum  of  twenty-five  millions  of  francs,  above  stipulated,  shall 
be  paid  at  Paris,  in  six  annual  instalments,  of  four  millions  one  hun- 
dred and  sixty-six  thousand  six  hundred  and  sixty-six  francs  sixty- 
six  centimes  each,  into  the  hands  of  such  person  or  persons  as  shall  be 
authorized  by  the  Government  of  the  United  States  to  receive  it. 

The  first  instalment  shall  be  paid  at  the  expiration  of  one  year  next 
following  the  exchange  of  the  ratifications  of  this  Convention,  and 
the  others  at  successive  intervals  of  a year,  one  after  another,  till  the 
whole  shall  be  paid. 

To  the  amount  of  each  of  the  said  instalments  shall  be  added  in- 
terest at  four  per  cent,  thereupon,  as  upon  the  other  instalments  then 
remaining  unpaid ; the  said  interest  to  be  computed  from  the  day  of 
the  exchange  of  the  ratifications  of  the  present  Convention. 

Article  III. 

The  Government  of  the  United  States,  on  its  part,  for  the  purpose 
of  being  liberated  completely  from  all  the  reclamations  presented  by 
France  on  behalf  of  its  citizens,  or  of  the  Royal  Treasury,  (either 
for  ancient  supplies  or  accounts,  the  liquidation  of  which  had  been 
reserved,  or  for  unlawful  seizures,  captures,  detentions,  arrests  or 
destructions  of  French  vessels,  cargoes,  or  other  property,)  engages 
to  pay  to  the  Government  of  His  Majesty  (which  shall  make  distri- 
bution of  the  same  in  the  manner  and  according  to  the  rules  to  be  de- 
termined by  it)  the  sum  of  one  million  five  hundred  thousand  francs. 

Article  IV. 

The  sum  of  one  million  five  hundred  thousand  francs,  stipulated  in 
the  preceding  article,  shall  be  payable  in  six  annual  instalments,  of 


FRANCE 1831. 


525 


two  hundred  and  fifty  thousand  francs;  and  the  payment  of  each  of 
the  said  instalments  shall  be  effected  by  a reservation  of  so  much  out 
of  the  annual  sums  which  the  French  Government  is  bound,  by  the 
second  article  above,  to  pay  to  the  Government  of  the  United  States. 

To  the  amount  of  each  of  these  instalments  shall  be  added  interest 
at  four  per  cent,  upon  the  instalment  then  paid,  as  well  as  upon  those 
still  due ; which  payments  of  interest  shall  be  effected  by  means  of  a 
reservation,  similar  to  that  already  indicated  for  the  payment  of  the 
principal.  The  said  interest  shall  be  computed  from  the  day  of  the 
exchange  of  the  ratifications  of  the  present  Convention. 

Article  V. 

As  to  the  reclamations  of  French  citizens  against  the  Government 
of  the  United  States,  and  the  reclamations  of  citizens  of  the  United 
States  against  the  French  Government,  which  are  of  a different 
nature  from  those  which  it  is  the  object  of  the  present  convention  to 
adjust,  it  is  understood  that  the  citizens  of  the  two  nations  may  prose- 
cute them  in  the  respective  countries  before  the  competent  judicial 
or  administrative  authorities,  in  complying  with  the  laws  and  regu- 
lations of  the  country,  the  dispositions  and  benefit  of  which  shall 
be  applied  to  them,  in  like  manner  as  to  native  citizens. 

Article  VI. 

The  French  Government  and  the  Government  of  the  United  States 
reciprocally  engage  to  communicate  to  each  other,  by  the  intermedi- 
ary of  the  respective  legations,  the  documents,  titles  or  other  informa- 
tions proper  to  facilitate  the  examination  and  liquidation  of  the 
reclamations  comprised  in  the  stipulations  of  the  present  convention. 

Article  VII. 

The  wines  of  France,  from  and  after  the  exchange  of  the  ratifica- 
tions of  the  present  convention,  shall  be  admitted  to  consumption  in 
the  States  of  the  Union  at  duties  which  shall  not  exceed  the  follow- 
ing rates,  by  the  gallon,  (such  as  it  is  used  at  present  for  wines  in 
the  United  States,)  to  wit:  six  cents  for  red  wines  in  casks;  ten  cents 
for  white  wines  in  casks ; and  twenty-two  cents  for  wines  of  all  sorts 
in  bottles.  The  proportion  existing  between  the  duties  on  French 
wines  thus  reduced,  and  the  general  rates  of  the  tariff  which  went 
into  operation  the  first  of  January,  1829,  shall  be  maintained,  in 
case  the  Government  of  the  United  States  should  think  proper  to 
diminish  those  general  rates  in  a new  tariff. 

In  consideration  of  this  stipulation,  which  shall  be  binding  on 
the  United  States  for  ten  years,  the  French  Government  abandons 
the  reclamations  which  it  had  formed  in  relation  to  the  8th  article 
of  the  treaty  of  cession  of  Louisiana.  It  engages,  moreover,  to  estab- 
lish on  the  long  staple  cottons  of  the  United  States,  which,  after  the 
exchange  of  the  ratifications  of  the  present  convention,  shall  be 
brought  directly  thence  to  France  by  the  vessels  of  the  United  States, 
or  by  French  vessels,  the  same  duties  as  on  short  staple  cottons. 


526 


TKEATIES,  CONVENTIONS,  ETC. 

Article  VIII. 


The  present  convention  shall  be  ratified,  and  the  ratifications  shall 
be  exchanged  at  Washington,  in  the  space  of  eight  months,  or  sooner 
if  possible. 

In  faith  of  which,  the  respective  Plenipotentiaries  have  signed  these 
articles,  and  thereto  set  their  seals. 

Done  at  Paris  the  fourth  day  of  the  month  of  July,  one  thousand 
eight  hundred  and  thirty-one. 

[seal.]  W.  C.  Rives. 

[seal.]  Horace  Sebastiani. 


1843. 

Extradition  Con\"ention.“ 

Concluded  November  9, 1843;  ratification  advised  by  the  Senate  Feb- 
ruary i,  1844;  Tatified  by  the  President  February  1844;  ratifica- 
tions exchanged  April  12, 1844;  proclaimed  April  13, 1844- 


I.  Delivery  of  accused. 
II.  Extraditable  crimes. 
III.  Delivery. 


Articles. 

IV.  Expenses. 

V.  Political  crimes,  etc. 

VI.  Duration ; ratification. 


The  United  States  of  America  and  His  Majesty  the  King  of  the 
French  having  judged  it  expedient,  with  a view  to  the  better  admin- 
istration of  justice,  and  to  the  prevention  of  crime  within  their  re- 
spective territories  and  jurisdictions,  that  persons  charged  with  the 
crimes  hereinafter  enumerated,  and  being  fugitives  from  justice, 
should,  under  certain  circumstances,  be  reciprocally  delivered  up,  the 
said  United  States  of  America  and  His  Majesty  the  King  of  the 
French  have  named  as  their  Plenipotentiaries  to  conclude  a conven- 
tion for  this  purpose: 

That  is  to  say,  the  President  of  the  United  States  of  America,  Abel 
P.  Upshur,  Secretary  of  State  of  the  United  States,  and  His  Majesty 
the  King  of  the  French,  the  Sieur  Pageot,  officer  of  the  Royal  Order 
of  the  Legion  of  Honor,  his  Minister  Plenipotentiary,  ad  interim,  in 
the  United  States  of  America; 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers,  found  in  good  and  due  form,  have  agreed  upon  and  concluded 
the  following  articles: 

Article  I. 


It  is  agreed  that  the  high  contracting  parties  shall,  on  requisitions 
made  in  their  name,  through  the  medium  of  their  respective  diplo- 
matic agents,  deliver  up  to  justice  persons  who,  being  accused  of  the 
crimes  enumerated  in  the  next  following  article,  committed  within 
the  jurisdiction  of  the  requiring  party,  shall  seek  an  asylum,  or  shall 
be  found  within  the  territories  of  the  other:  Provided,  That  this  shall 


"Federal  case:  In  re  Metzger  (5  How.,  176).  See  extradition  eouveutious 
1845  and  1858,  pp.  523  and  533. 


FRANCE 1843. 


527 


be  done  only  when  the  fact  of  the  commission  of  the  crime  shall  be 
so  established  as  that  the  laws  of  the  country  in  which  the  fugitive  or 
the  person  so  accused  shall  be  found  would  justify  his  or  her  appre- 
hension and  commitment  for  trial,  if  the  crime  had  been  there  com- 
mitted. 

Article  II. 

Persons  shall  be  so  delivered  up  who  shall  be  charged,  according  to 
the  provisions  of  this  convention,  with  any  of  the  following  crimes, 
to  wit:  Murder,  (comprehending  the  crimes  designated  in  the  French 
penal  code  by  the  terms,  assassination,  parricide,  infanticide  and 
poisoning,)  or  with  an  attempt  to  commit  murder,  or  with  rape,  or 
with  forgery,  or  with  arson,  or  with  embezzlement  by  public  officers, 
when  the  same  is  punishable  with  infamous  punishment. 

Article  III. 

On  the  part  of  the  French  Government,  the  surrender  shall  be  made 
only  by  authority  of  the  Keeper  of  the  Seals,  Minister  of  Justice; 
and  on  the  part  of  the  Government  of  the  United  States,  the  sur- 
render shall  be  made  only  by  authority  of  the  Executive  thereof. 

Article  IV. 

The  expenses  of  any  detention  and  delivery  eflPected  in  virtue  of  the 
preceding  provisions  shall  be  borne  and  defrayed  by  the  Government 
in  whose  name  the  requisition  shall  have  been  made. 

Article  V. 

The  provisions  of  the  present  convention  shall  not  be  applied  in 
any  manner  to  the  crimes  enumerated  in  the  second  article,  committed 
anterior  to  the  date  thereof,  nor  to  any  crime  or  offence  of  a purely 
political  character. 

Article  VI. 

This  convention  shall  continue  in  force  until  it  shall  be  abrogated 
by  the  contracting  parties,  or  one  of  them ; but  it  shall  not  be  abro- 
gated, except  by  mutual  consent,  unless  the  party  desiring  to  abrogate 
it  shall  give  six  months’  previous  notice  of  his  intention  to  do  so.  It 
shall  be  ratified,  and  the  ratifications  shall  be  exchanged  within  the 
space  of  six  months,  or  earlier  if  possible. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
the  present  convention  in  duplicate,  and  have  affixed  thereto  the  seal 
of  their  arms. 

Done  at  Washington  the  ninth  day  of  November,  anno  Domini  one 
thousand  eight  hundred  and  forty-three. 

[seal.]  a.  P.  Upshur. 

[seal.]  a.  Pageot. 


528 


TREATIES,  CONVENTIONS,  ETC. 


1845. 

Additional  Article  to  Extradition  Convention .“ 

Concluded  February  2]f^  ISJfo;  ratification  advised  by  the  Senate 
March  12^  18^5;  ratified  by  the  Pr'esident  May  5,  ISlfB;  ratifications 
exchanged  June  21^  1845;  proclaimed  July  24i  1845. 

The  crime  of  Robbery,  defining  the  same  to  be,  the  felonious  and 
forcible  taking  from  the  person  of  another,  of  goods,  or  money  to  any 
value,  by  violence  or  putting  him  in  fear; — and  the  crime  of  Bur- 
glary, defining  the  same  to  be,  breaking  and  entering  by  night  into  a 
mansion  house  of  another  with  intent  to  commit  felony ; and  the  cor- 
responding crimes  included  under  the  French  law  in  the  words 
vol  qualifie  crime., — not  being  embraced  in  the  second  article  of  the 
convention  of  Extradition  concluded  between  the  United  States  of 
America  and  France,  on  the  ninth  of  November,  1843,  it  is  agreed,  by 
the  present  article,  between  the  high  contracting  parties,  that  persons 
charged  with  those  crimes  shall  be  respectively  delivered  up,  in  con- 
formity with  the  first  article  of  the  said  convention ; and  the  present 
article  when  ratified  by  the  parties,  shall  constitute  a part  of  the  said 
convention,  and  shall  have  the  same  force  as  if  it  had  been  originally 
inserted  in  the  same. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
the  present  article,  in  duplicate,  and  have  afiixed  thereto  the  seal  of 
their  arms. 

Done  at  Washington  this  twenty-fourth  of  February,  1846. 

J.  C.  Calhoun  [seal.] 

A.  Pageot  [seal.] 


1853. 

Consular  Convention.® 

Concluded  February  23, 1853;  ratification  advised  by  the  Senate  with 
amendments  March  29,1853;  ratified  by  the  President  April  1,1853; 
ratifications  exchanged  August  11,  1853;  proclaimed  August  12, 
1853. 

I.  Officers  recognized ; exequaturs. 

II.  Privileges  and  immunities. 

III.  Inviolability  of  consulates. 

IV.  Complaints  to  authorities. 

V.  Agencies. 

VI.  Notarial  authority. 

VII.  Property  rights. 

The  President  of  the  United  States  of  America,  and  his  Majesty 
the  Emperor  of  the  French,  being  equally  desirous  to  strengthen  the 


VIII.  Settlement  of  shipping  disputes. 
IX.  Deserters  from  ships. 

X.  Authority  as  to  shipping. 

XI.  Shipwrecks. 

XII.  Most  favored  nation  privileges. 
XIII.  Duration ; ratification. 


“Federal  case,  In  re  Baneusi  (120  Fed.  Rep..  S64). 

® Federal  cases:  Prevost  v.  Greneaux  (19  How.,  1),  De  Geofroy  v.  Riggs  (133 
U.  S.,  258),  De  Geofroy  v.  Rig.gs  (18  Dist.  Col.,  331),  Bahnaud  v.  Beize  (105  Fed. 
Rep.,  487),  Dallemagne  v.  Moisau  (197  U.  S.,  169),  Bahnaud  et  al.  v.  Beize  et  al. 
(105  Fed.  Rep.,  485). 


FRANCE 1853. 


529 


bonds  of  friendship  between  the  two  nations,  and  to  give  a new  and 
more  ample  development  to  their  commercial  intercourse,  deem  it 
expedient,  for  the  accomplishment  of  that  purpose,  to  conclude  a 
special  convention  which  shall  determine,  in  a precise  and  reciprocal 
manner,  the  rights,  privileges  and  duties  of  the  Consuls  of  the  two 
countries.  Accordingly  they  have  named : 

The  President  of  the  United  States,  the  Honorable  Edward  Everett, 
Secretary  of  State  of  the  United  States;  His  Majesty  the  Emperor 
of  the  French,  the  Count  de  Sartiges,  Commander  of  the  Imperial 
Order  of  the  Legion  of  Honor,  &c.,  &c.,  his  Envoy  Extraordinary 
and  Minister  Plenipotentiary  at  Washington; 

'Who,  after  communicating  to  each  other  their  full  powers,  found 
in  good,  and  due  form,  have  agreed  upon  the  following  articles : 

Article  I. 

The  Consuls-General,  Consuls  and  Vice-Consuls  or  Consular 
Agents  of  the  United  States  and  France  shall  be  reciprocally  received 
and  recognized,  on  the  presentation  of  their  commissions,  in  the  form 
established  in  their  respective  countries.  The  necessary  exequatur 
for  the  exercise  of  their  functions  shall  be  furnished  to  them  without 
charge;  and  on  the  exhibition  of  this  exequatur,  they  shall  be  admitted 
at  once,  and  without  difficulty,  by  the  territorial  authorities,  federal 
or  State,  judicial  or  executive,  of  the  ports,  cities  and  places  of  their 
residence  and  district,  to  the  enjoyment  of  the  prerogatives  recipro- 
cally granted.  The  Government  that  furnishes  the  exequatur  re- 
serves the  right  to  withdraw  it  on  a statement  of  the  reasons  for  which 
it  has  thought  proper  to  do  so. 

Article  II. 

The  Consuls-General,  Consuls  Vice-Consuls  or  Consular  Agents  of 
the  United  States  and  France,  shall  enjoy  in  the  two  countries  the 
privileges  usually  accorded  to  their  offices,  such  as  personal  immunity, 
except  in  the  case  of  crime,  exemption  from  military  billetings,  from 
service  in  the  militia  or  the  national  guard,  and  other  duties  of  the 
same  nature ; and  from  all  direct  and  personal  taxation,  whether  fed- 
eral, State  or  municipal.  If,  however,  the  said  Consuls-General, 
Consuls,  Vice-Consuls  or  Consular  Agents,  are  citizens  of  the  country 
in  which  they  reside ; if  they  are,  or  become,  owners  of  property  there, 
or  engage  in  commerce,  they  shall  be  subject  to  the  same  taxes  and 
imposts,  and  with  the  reservation  of  the  treatment  granted  to  Com- 
mercial Agents,  to  the  same  jurisdiction,  as  other  citizens  of  the 
country  who  are  owners  of  property,  or  merchants. 

They  may  place  on  the  outer  door  of  their  offices,  or  of  their  dwell- 
ing-houses, the  arms  of  their  nation,  with  an  inscription  in  these 
words:  “Consul  of  the  United  States,”  or  “Consul  of  France;”  and 
they  shall  be  allowed  to  hoist  the  flag  of  their  country  thereon. 

They  shall  never  be  compelled  to  appear  as  witnesses  before  the 
courts.  When  any  declaration  for  judicial  purposes,  or  deposition, 
is  to  be  received  from  them  in  the  administration  of  justice,  they 
shall  be  invited,  in  writing,  to  appear  in  court,  and  if  unable  to  do 
so,  their  testimony  shall  be  requested  in  writing,  or  be  taken  orally 
at  their  dwellings. 

24449— VOL  1—10 34 


530 


TKEATIES,  CONVENTIONS,  ETC. 


Consular  pupils  shall  enjoy  the  same  personal  privileges  and  im- 
munities as  Consuls  - General,  Consuls,  Vice-Consuls  or  Consular 
Agents. 

In  case  of  death,  indisposition  or  absence  of  the  latter,  the  Chan- 
cellors, Secretaries,  and  Consular  pupils  attached  to  their  offices, 
shall  be  entitled  to  discharge  ad  interim  the  duties  of  their  respective 
posts;  and  shall  enjoy  whilst  thus  acting  the  prerogatives  granted  to 
the  incumbents. 

Article  III. 

The  consular  offices  and  dwellings  shall  be  inviolable.  The  local 
authorities  shall  not  invade  them  under  any  pretext.  In  no  case 
shall  they  examine  or  seize  the  papers  there  deposited.  In  no  case 
shall  those  offices  or  dwellings  be  used  as  places  of  asylum. 

Article  IV. 

The  Consuls-General,  Consuls,  Vice-Consuls  or  Consular  Agents, 
of  both  countries,  shall  have  the  right  to  complain  to  the  authorities 
of  the  respective  Governments,  whether  federal  or  local,  judicial  or 
executive,  throughout  the  extent  of  their  consular  district,  of  any 
infraction  of  the  treaties  or  conventions  existing  between  the  United 
States  and  France,  or  for  the  purpose  of  protecting  informally  the 
rights  and  interests  of  their  countrymen,  especially  in  cases  of  ab- 
sence. Should  there  be  no  diplomatic  agent  of  their  nation,  they 
shall  be  authorized,  in  case  of  need,  to  have  recourse  to  the  General 
or  Federal  Government  of  the  country  in  which  they  exercise  their 
functions. 

Article  V. 

The  respective  Consuls-General,  and  Consuls,  shall  be  free  to  estab- 
lish, in  such  parts  of  their  districts  as  they  may  see  fit,  Vice-Consuls, 
or  Consular  Agents,  who  may  be  taken  indiscriminately  from  among 
Americans  of  the  United  States,  Frenchmen,  or  citizens  of  other 
countries.  These  agents,  whose  nomination,  it  is  understood,  shall 
be  submitted  to  the  approval  of  the  respective  Governments,  shall  be 
provided  with  a certificate  given  to  them  by  the  Consul  by  whom 
they  are  named,  and  under  whose  orders  they  are  to  act. 

Article  VI. 

The  Consuls-General,  Consuls,  Vice-Consuls  or  Consular  Agents, 
shall  have  the  right  of  taking  at  their  offices  or  bureaux,  at  the  domi- 
cile of  the  parties  concerned,  or  on  board  ship,  the  declarations  of 
captains,  crews,  passengers,  merchants  or  citizens  of  their  country, 
and  of  executing  there  all  requisite  papers. 

The  respective  Consuls-General,  Consuls,  Vice-Consuls  or  Consular 
Agents,  shall  have  the  right,  also,  to  receive  at  their  offices,  or  bu- 
reaux, conformably  to  the  laws  and  regulations  of  their  country,  all 
acts  of  agreement  executed  between  the  citizens  of  their  own  country 
and  citizens  or  inhabitants  of  the  country  in  which  they  reside,  and 
even  all  such  acts  betiveen  the  latter,  provided  that  these  acts  relate 
to  property  situated,  or  to  business  to  be  transacted,  in  the  territory 


rVHtiun  mwm  imm, 

156  FRANCE — 1853.  531 

of  the  nation  to  which  the  Consul  or  the  Agent  before  whom  they 
are  executed  may  belong. 

Copies  of  such  papers,  duly  authenticated  by  the  Consuls-General, 
Consuls,  Vice-Consuls  or  Consular  Agents,  and  sealed  with  the  official 
seal  of  their  consulate  or  consular  agency,  shall  be  admitted  in  courts 
of  justice  throughout  the  United  States  and  France,  in  like  manner 
as  the  originals. 

Article  VII. 

In  all  the  States  of  the  Union,  whose  existing  laws  permit  it,  so 
long  and  to  the  same  extent  as  the  said  laws  shall  remain  in  force, 
Frenchmen  shall  enjoy  the  right  of  possessing  personal  and  real 
property  by  the  same  title  and  in  the  same  manner  as  the  citizens  of 
the  United  States.  They  shall  be  free  to  dispose  of  it  as  they  may 
please,  either  gratuitously  or  for  value  received,  by  donation,  testa- 
ment or  otherwise,  just  as  those  citizens  themselves;  and  in  no  case 
shall  they  be  subjected  to  taxes  on  transfer,  inheritance  or  any  others 
different  from  those  paid  by  the  latter,  or  to  taxes  which  shall  not 
be  equally  imposed. 

As  to  the  States  of  the  Union,  by  whose  existing  laws  aliens  are 
not  permitted  to  hold  real  estate,  the  President  engages  to  recom- 
mend to  them  the  passage  of  such  laws  as  may  be  necessary  for  the 
purpose  of  conferring  this  right. 

In  like  manner,  but  with  the  reservation  of  the  ulterior  right  of 
establishing  reciprocity  in  regard  to  possession  and  inheritance,  the 
Government  of  France  accords  to  the  citizens  of  the  United  States 
the  same  rights  within  its  territory  in  respect  to  real  and  personal 
property,  and  to  inheritance,  as  are  enjoyed  there  by  its  own  citizens. 

Article  VIII. 

The  respective  Consuls-General,  Consuls,  Vice-Consuls  or  Consular 
Agents,  shall  have  exclusive  charge  of  the  internal  order  of  the 
merchant-vessels  of  tlieir  nation,  and  shall  alone  take  cognizance  of 
differences  which  may  arise,  either  at  sea  or  in  port,  between  the 
captain,  officers  and  crew,  without  exception,  particularly  in  refer- 
ence to  the  adjustment  of  wages  and  the  execution  of  contracts.  The 
local  authorities  shall  not,  on  any  pretext,  interfere  in  these  differ- 
ences, but  shall  lend  forcible  aid  to  the  Consuls,  when  they  may  ask 
it,  to  arrest  and  imprison  all  persons  composing  the  crew  whom  they 
may  deem  it  necessary  to  confine.  Those  persons  shall  be  arrested  at 
the  sole  request  of  the  Consuls,  addressed  in  writing  to  the  local 
authorit}^  and  supported  by  an  official  extract  from  the  register  of 
the  ship  or  the  list  of  the  crew,  and  shall  be  held,  during  the  whole 
time  of  their  stay  in  the  port,  at  the  disposal  of  the  Consuls.  Their 
release  shall  be  granted  at  the  mere  request  of  the  Consuls  made  in 
writing.  The  expenses  of  the  arrest  and  detention  of  those  persons 
shall  be  paid  by  the  Consuls. 

Article  IX. 

The  respective  Consuls-General,  Consuls,  Vice-Consuls  or  Consular 
Agents,  may  arrest  the  officers,  sailors  and  all  other  persons  making 
part  of  the  crews  of  ships  of  war,  or  merchant  vessels  of  their  nation, 


532 


TREATIES,  CONVENTIONS,  ETC. 


who  may  be  guilty  or  be  accused  of  having  deserted  said  ships  and 
vessels,  for  the  purpose  of  sending  them  on  board,  or  back  to  their 
country.  To  that  end  the  Consuls  of  France  in  the  United  States 
shall  apply  to  the  magistrates  designated  in  the  act  of  Congress  of 
May  4,  1826 — that  is  to  say,  indiscriminately  to  any  of  the  Federal, 
State  or  municipal  authorities ; and  the  Consuls  of  the  United  States 
in  France  shall  apply  to  any  of  the  competent  authorities  and  make 
a request  in  writing  for  the  deserters,  supporting  it  by  an  exhibition 
of  the  registers  of  the  vessel  and  list  of  the  crew,  or  by  other  official 
documents,  to  show  that  the  men  whom  they  claim  belonged  to  said 
crew.  Upon  such  request  alone,  thus  supported,  and  without  the 
exaction  of  any  oath  from  the  Consuls,  the  deserters,  not  being  citi- 
zens of  the  country  where  the  demand  is  made,  either  at  the  time  of 
their  shipping  or  of  their  arrival  in  the  port,  shall  be  given  up  to  them. 
All  aid  and  protection  shall  be  furnished  them  for  the  pursuit,  seizure 
and  arrest  of  the  deserters,  who  shall  even  be  put  and  kept  in  the 
prisons  of  the  country  at  the  request  and  at  the  expense  of  the  Con- 
suls until  these  agents  may  find  an  opportunity  of  sending  them  away. 
If,  however,  such  opportunity  should  not  present  itself  within  the 
space  of  three  months,  counting  from  the  day  of  the  arrest,  the  desert- 
ers shall  be  set  at  liberty,  and  shall  not  again  be  arrested  for  the  same 
cause. 

Article  X. 

The  respective  Consuls-General,  Consuls,  Vice-Consuls  or  Consular 
Agents,  shall  receive  the  declarations,  protests  and  reports  of  all  cap- 
tains of  vessels  of  their  nation  in  reference  to  injuries  experienced  at 
sea ; they  shall  examine  and  take  note  of  the  stowage ; and  when  there 
are  no  stipulations  to  the  contrary  between  the  owners,  freighters  or 
insurers,  they  shall  be  charged  with  the  repairs.  If  any  inhabitants 
of  the  country  in  which  the  Consuls  reside,  or  citizens  of  a third 
nation,  are  interested  in  the  matter,  and  the  parties  cannot  agree,  the 
competent  local  authority  shall  decide. 

Article  XI. 

All  proceedings  relative  to  the  salvage  of  American  vessels  wrecked 
upon  the  coasts  of  France,  and  of  French  vessels  wrecked  upon  the 
coasts  of  the  United  States,  shall  be  respectively  directed  by  the 
Consuls-General,  Consuls  and  Vice-Consuls  of  the  United  States  in 
France,  and  by  the  Consuls-General,  Consuls  and  Vice-Consuls  of 
France  in  the  United  States,  and  until  their  arrival  by  the  respective 
Consular  Agents,  wherever  an  agency  exists.  In  the  places  and  ports 
where  an  agency  does  not  exist,  the  local  authorities,  until  the  arrival 
of  the  Consul  in  whose  district  the  wreck  may  have  occurred,  and  who 
shall  be  immediately  informed  of  the  occurrence,  shall  take  all  neces- 
sary measures  for  the  protection  of  persons  and  the  preservation  of 
property. 

The  local  authorities  shall  not  otherwise  interfere  than  for  the 
maintenance  of  order,  the  protection  of  the  interests  of  the  salvors, 
if  they  do  not  belong  to  the  crews  that  have  been  wrecked,  and  to 
carry  into  effect  the  arrangements  made  for  the  entry  and  exportation 
of  the  merchandise  saved. 


FRANCE — 1853-1858. 


533 


It  is  understood  that  such  merchandise  shall  not  be  subjected  to  any 
custom-house  duty  if  it  is  to  be  re-exported ; and  if  it  be  entered  for 
consumption,  a diminution  of  such  duty  shall  be  allowed  in  con- 
formity with  the  regulations  of  the  respective  countries. 

Article  XII. 

The  respective  Consuls-General,  Consuls,  Vice-Consuls  or  Con- 
sular Agents,  as  well  as  their  consular  pupils,  chancellors,  and  secre- 
taries, shall  enjoy  in  the  two  countries  all  the  other  privileges, 
exemptions  and  immunities  which  may  at  any  future  time  be  granted 
to  the  agents  of  the  same  rank  of  the  most  favored  nation. 


Article  XIII. 

The  present  convention  shall  remain  in  force  for  the  space  of  ten 
years  from  the  day  of  the  exchange  of  the  ratifications,  which  shall 
be  made  in  conformity  with  the  respective  constitutions  of  the  two 
countries,  and  exchanged  at  Washington  within  the  period  of  six 
months,  or  sooner  if  jjossible.  In  case  neither  party  gives  notice  twelve 
months  before  the  expiration  of  the  said  period  of  ten  years  of  its 
intention  not  to  renew  this  convention,  it  shall  remain  in  force  a year 
longer,  and  so  on  from  year  to  3’ear,  until  the  expiration  of  a year 
from  the  day  on  which  one  of  the  parties  shall  give  such  notice. 

In  testimony  whereof  the  respective  Plenipotentiaries  have  signed 
this  convention,  and  hereunto  affixed  their  respective  seals. 

Done  at  the  city  of  Washington  the  twenty-third  day  of  February, 
anno  Domini  one  thousand  eight  hundred  and  fifty-three. 

[seal.]  Edward  Everett, 

[seal.]  Sartiges. 


1858. 

Additional  Article  to  Extradition  Convention. 

Concluded  February  10,  1858;  ratif.cation  advised  by  the  Senate, 
with  amendment,  June  15,  1858;  ratified  by  the  President  June  28, 
1858 ; ratifications  exchanged  February  12,  1869;  ^proclaimed  Feb- 
ruary llf,  1859. 

It  is  agreed  between  the  High  Contracting  Parties  that  the  provi- 
sions of  the  treaties  for  the  mutual  extradition  of  criminals  between 
the  United  States  of  America  and  France,  of  November  9*^^,  1843,  and 
February  24‘^,  1845,  and  now  in  force  between  the  two  Governments, 
shall  extend  not  only  to  persons  charged  with  the  crimes  therein  men- 
tioned, but  also  to  persons  charged  with  the  following  crimes,  whether 
as  principals,  accessories  or  accomplices,  namely,  forging  or  know- 
ingly  passing  or  putting  in  circulation  counterfeit  coin  or  bank  notes 
or  other  paper  current  as  money,  with  intent  to  defraud  any  person 
or  persons — Embezzlement  by  any  person  or  persons  hired  or  salaried 
to  the  detriment  of  their  Employers,  when  these  crimes  are  subject  to 
infamous  punishment. 


534 


TREATIES,  CONVENTIONS,  ETC. 


In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
present  article  in  triplicate,  and  have  affixed  thereto  the  seal  of  their 
arms. 

Done  at  Washington  the  tenth  of  February,  1858. 

Lew  Cass. 

[seal.] 

Sartiges. 

[seal.] 


1869.“ 

Trade-Mark  Convention. 

Concluded  April  16, 1869 ; ratification  advised  hy  the  Senate  April  19, 

1869;  ratified  hy  the  President  April  SO,  1869;  ratifications  ex- 
changed July  3,  1869;  proclaimed  July  6,  1869. 

Articles. 

I.  Protection  of  trade-marks.  I III.  Duration. 

II.  Registration.  | IV.  Ratification. 

The  United  States  of  America  and  His  Majesty  the  Emperor  of  the 
French,  desiring  to  secure  in  their  respective  territories  a guarantee 
of  property  in  trade-marks,  have  resolved  to  conclude  a special  con- 
vention for  this  purpose,  and  have  named  as  their  Plenipotentiaries: 
The  President  of  the  United  States,  Hamilton  Fish,  Secretary  of 
State,  and  His  Majesty  the  Emperor  of  the  French,  J.  Berthem}^, 
Commander  of  the  Imperial  Order  of  the  Legion  of  Honor,  &c.,  &c., 
&c.,  accredited  as  his  Envoy  Extraordinary  and  Minister  Plenipo- 
tentiary to  the  United  States;  and  the  said  Plenipotentiaries,  after 
an  examination  of  their  respective  full  powers,  which  were  found  to 
be  in  good  and  due  form,  have  agreed  to  and  signed  the  following 
articles : 

Article  I. 

Every  reproduction  in  one  of  the  two  countries  of  trade-marks 
affixed  in  the  other  to  certain  merchandise  to  prove  its  origin  and 
quality  is  forbidden,  and  shall  give  ground  for  an  action  for  damages 
in  favor  of  the  injured  party,  to  be  prosecuted  in  the  courts  of  the 
country  in  which  the  counterfeit  shall  be  proven,  just  as  if  the  plain- 
tiff were  a subject  or  citizen  of  that  country. 

The  exclusive  right  to  use  a trade-mark  for  the  benefit  of  citizens 
of  the  United  States  in  France,  or  of  French  subjects  in  the  territoiy 
of  the  United  States,  cannot  exist  for  a longer  period  than  that  fixed 
by  the  law  of  the  country  for  its  own  citizens. 

If  the  trade-mark  has  become  public  property  in  the  country  of  its 
origin,  it  shall  be  equally  free  to  all  in  the  other  country. 

Article  II. 

If  the  owners  of  trade-marks,  residing  in  either  of  the  two  coun- 
tries, wish  to  secure  their  rights  in  the  other  country,  they  must  de- 

“ Federal  cases:  Lacroix  v.  Sarrazin  (4  Woods,  174),  La  Republique  Fran- 
caise  r.  Schultz  (57  Fed.  Rep.,  37),  In  re  Balensi  (120  Fed.  Rep.,  864). 


PRANCE — 1869-1880. 


535 


posit  duplicate  copies  of  those  marks  in  the  Patent-Office  at  Washing- 
ton, and  in  the  clerk’s  office  of  the  Tribunal  of  Commerce  of  the  Seine, 
at  Paris.  ' 

Article  III. 

The  present  arrangement  shall  take  effect  ninety  days  after  the  ex- 
change of  ratifications  by  the  two  Governments,  and  shall  continue 
in  force  for  ten  years  from  this  date. 

In  case  neither  of  the  two  high  contracting  parties  gives  notice  of 
its  intention  to  discontinue  this  convention,  twelve  months  before  its 
expiration,  it  shall  remain  in  force  one  year  from  the  time  that  either 
of  the  high  contracting  parties  announces  its  discontinuance. 

Article  IV. 

The  ratifications  of  this  present  arrangement  shall  be  exchanged  at 
Washington,  within  ten  months,  or  sooner  if  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  the 
present  convention  in  duplicate,  and  affixed  thereto  the  seal  of  their 
arms. 

Done  at  Washington  the  sixteenth  day  of  April,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-nine. 

[seal.]  Hamilton  Fish. 

[seal.]  Berthemy. 


1880.“ 


Claims  Convention. 

Concluded  January  15^  1880 ; ratif  cation  advised  hy  the  Senate  March 
29,  1880;  ratif-ed  hy  the  President  April  3,  1880;  ratifications 
exchanged  June  23,  1880;  proclaimed  June  26,  1880. 

Articles. 


I.  Claims. 

II.  Jurisdiction  of  commission. 

III.  Vacancies. 

IV.  Meetings. 

V.  Procedure. 

VI.  Decision ; payment. 


VII.  Finality  of  decision. 

VIII.  Time  for  presenting  claims. 

IX.  Time  of  payment. 

X.  Record ; expenses. 

XI.  Finality  of  settlement. 

XII.  Ratification. 


The  United  States  of  America  and  the  French  Republic,  animated 
by  the  desire  to  settle  and  adjust  amicably  the  claims  made  % the  citi- 
zens of  either  country  against  the  government  of  the  other,  growing 
out  of  acts  committed  by  the  civil  or  military  authorities  of  either 
country  as  hereinafter  defined,  during  a state  of  war  or  insurrection, 
under  the  circumstances  hereinafter  specified,  have  agreed  to  make 
arrangements  for  that  purpose,  by  means  of  a Convention,  and  have 
named  as  their  Plenipotentiaries  to  confer  and  agree  thereupon,  as 
follows : 

The  President  of  the  United  States,  William  Maxwell  Evarts,  Sec- 
retary of  State  of  the  United  States,  and  the  President  of  the  French 


“Burthe  v.  Denis  (1.33  XT.  S.,  514). 


536 


TREATIES,  CONVENTIONS,  ETC. 


Republic,  Georges  Maxime  Outrey,  Envoy  Extraordinary  and  Minis- 
ter Plenipotentiary  of  France  at  Washington,  Commander  of  the 
National  Order  of  the  Legion  of  Honor,  &c.,  &c.,  &c. ; 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers,  found  in  good  and  due  form,  have  agreed  upon  the  following 
articles : 

Article  I. 

All  claims  on  the  part  of  corporations,  companies  or  private  indi- 
viduals, citizens  of  the  United  States,  upon  the  Government  of  France, 
arising  out  of  acts  committed  against  the  persons  or  property  of  citi- 
zens of  the  United  States  not  in  the  service  of  the  enemies  of  France, 
or  voluntarily  giving  aid  and  comfort  to  the  same,  by  the  French 
civil  or  military  authorities,  upon  the  high  seas  or  within  the  territory 
of  France,  its  colonies  and  dependencies,  during  the  late  war  between 
France  and  Mexico,  or  during  the  war  of  1870-’71  between  France 
and  Germany  and  the  subsequent  civil  disturbances  known  as  the 
“ Insurrection  of  the  Commune  ” ; and  on  the  other  hand,  all  claims 
on  the  part  of  corporations,  companies  or  private  individuals,  citizens 
of  France,  upon  the  Government  of  the  United  States,  arising  out  of 
acts  committed  against  the  persons  or  property  of  citizens  of  France 
not  in  the  service  of  the  enemies  of  the  United  States,  or  voluntarily 
giving  aid  and  comfort  to  the  same,  by  the  civil  or  military  authorities 
of  the  Government  of  the  United  States,  upon  the  high  seas  or  within 
the  territorial  jurisdiction  of  the  United  States,  during  the  period 
comprised  between  the  thirteenth  day  of  April,  eighteen  hundred  and 
sixty-one,  and  the  twentieth  day  of  August,  eighteen  hundred  and 
sixty-six,  shall  be  referred  to  three  Commissioners,  one  of  whom 
shall  be  named  by  the  President  of  the  United  States,  and  one  by  the 
French  Government,  and  the  third  by  His  Majesty  the  Emperor  of 
Brazil. 


Article  II. 

The  said  Commission,  thus  constituted,  shall  be  competent  and 
obliged  to  examine  and  decide  upon  all  claims  of  the  aforesaid  char- 
acter, presented  to  them  bv  the  citizens  of  either  country,  except  such 
as  have  been  already  diplomatically,  judicially  or  otherwise  by  com- 
petent authorities,  heretofore  disposed  of  by  either  Government ; but 
no  claim  or  item  of  damage  or  injury  based  upon  the  emancipation  or 
loss  of  slaves  shall  be  entertained  by  the  said  Commission. 

Article  III. 

In  case  of  the  death,  prolonged  absence  or  incapacity  to  serve  of 
one  of  the  said  Commissioners,  or  in  the  event  of  one  Commissioner 
omitting,  or  declining,  or  ceasing  to  act  as  such,  then  the  President 
of  the  United  States,  or  the  Government  of  France,  or  His  Majesty 
the  Emperor  of  Brazil,  as  the  case  may  be,  shall  forthwith  proceed 
to  fill  the  vacancy  so  occasioned  by  naming  another  Commissioner 
within  three  months  from  the  date  of  the  occurrence  of  the  vacancy. 


FRANCE — 1880. 


537 


Article  IV. 

The  Commissioners  named  as  hereinbefore  provided  shall  meet  in 
the  city  of  Washington  at  the  earliest  convenient  time  within  six 
months  after  the  exchange  of  the  ratifications  of  this  convention,  and 
shall,  as  their  first  act  in  so  meeting,  make  and  subscribe  a solemn 
declaration  that  they  will  impartially  and  carefully  examine  and 
decide,  to  the  best  of  their  judgment  and  according  to  public  law, 
justice  and  equity,  without  fear,  favor  or  affection,  all  claims  within 
the  description  and  true  meaning  of  Articles  I.  and  II.,  which  shall 
be  laid  before  them  on  the  part  of  the  Governments  of  the  United 
States  and  of  France  respectively;  and  such  declaration  shall  be  en- 
tered on  the  record  of  their  proceedings : Provided,  however,  that  the 
concurring  judgment  of  any  two  Commissioners  shall  be  adequate  for 
every  intermediate  decision  arising  in  the  execution  of  their  duty  and 
for  every  final  award. 

Article  V. 

The  Commissioners  shall,  without  delay,  after  the  organization  of 
the  Commission,  proceed  to  examine  and  determine  the  claims  speci- 
fied in  the  preceding  articles,  and  notice  shall  be  given  to  the  respec- 
tive Governments  of  the  day  of  their  organization  and  readiness  to 
proceed  to  the  transaction  of  the  business  of  the  Commission.  They 
shall  investigate  and  decide  said  claims  in  such  order  and  in  such 
manner  as  they  may  think  proper,  but  upon  such  evidence  or  infor- 
mation only  as  shall  be  furnished  by  or  on  behalf  of  the  respective 
Governments.  They  shall  be  bound  to  receive  and  consider  all  writ- 
ten documents  or  statements  which  may  be  presented  to  them  by  or 
on  behalf  of  the  respective  Governments  in  support  of,  or  in  answer 
to,  any  claim,  and  to  hear,  if  required,  one  person  on  each  side  whom 
it  shall  be  competent  for  each  Government  to  name  as  its  Counsel  or 
Agent  to  present  and  support  claims  on  its  behalf,  on  each  and  every 
separate  claim.  Each  Government  shall  furnish  at  the  request  of  the 
Commissioners,  or  of  any  two  of  them,  the  papers  in  its  possession 
which  may  be  important  to  the  just  determination  of  any  of  the 
claims  laid  before  the  Commission. 

Article  VI. 

The  concurring  decisions  of  the  Commissioners,  or  of  any  two  of 
them,  shall  be  conclusive  and  final.  Said  decisions  shall  in  every 
case  be  given  upon  each  individual  claim,  in  writing,  stating,  in  the 
event  of  a pecuniary  award  being  made,  the  amount  or  equivalent 
value  of  the  same  in  gold  coin  of  the  United  States  or  of  France,  as 
the  case  may  be ; and  in  the  event  of  interest  being  allowed  on  such 
award,  the  rate  thereof  and  the  period  for  which  it  is  to  be  computed 
shall  be  fixed,  which  period  .shall  not  extend  beyond  the  close  of  the 
Commission ; and  said  decision  shall  be  signed  by  the  Commissioners 
concurring  therein. 

Article  VII. 

The  High  Contracting  Parties  hereby  engage  to  consider  the  de- 
cision of  the  Commissioners,  or  of  any  two  of  them,  as  absolutely 


538 


TREATIES,  CONVENTIONS,  ETC. 


final  and  conclusive  upon  each  claim  decided  upon  by  them,  and  to 
give  full  effect  to  such  decisions  without  any  objections,  evasions,  or 
delay  whatever. 

Article  VIII. 

Every  claim  shall  be  presented  to  the  Commissioners  within  a 
period  of  six  months,  reckoned  from  the  day  of  their  first  meeting  for 
business,  after  notice  to  the  respective  Governments,  as  prescribed  in 
Article  V of  this  Convention.  Nevertheless,  in  any  case  where  rea- 
sons for  delay  shall  be  established  to  the  satisfaction  of  the  Commis- 
sioners, or  of  any  two  of  them,  the  period  for  presenting  the  claim 
may  be  extended  by  them  to  any  time  not  exceeding  three  months 
longer. 

The  Commissioners  shall  be  bound  to  examine  and  decide  upon 
every  claim  within  two  years  from  the  day  of  their  first  meeting  for 
business  as  aforesaid;  which  period  shall  not  be  extended  except  only 
in  case  the  proceedings  of  the  Commission  shall  be  interrupted  by  the 
death,  incapacity,  retirement  or  cessation  of  the  functions  of  any  one 
of  the  Commissioners,  in  which  event  the  period  of  two  years  herein 
prescribed  shall  not  be  held  to  include  the  time  during  which  such 
interruption  may  actually  exist. 

It  shall  be  competent  in  each  case  for  the  said  Commissioners  to 
decide  whether  any  claim  has,  or  has  not,  been  duly  made,  preferred, 
and  laid  before  them,  either  wholly,  or  to  any  and  what  extent, 
according  to  the  true  intent  and  meaning  of  this  Convention. 

Article  IX. 

All  sums  of  money  which  may  be  awarded  by  the  Commissioners  as 
aforesaid,  shall  be  paid  by  the  one  Government  to  the  other,  as  the 
case  may  be,  at  the  capital  of  the  Government  to  receive  such  pay- 
ment, within  twelve  months  after  the  date  of  the  final  award,  without 
interest,  and  without  any  deduction  save  as  specified  in  Article  X. 

Article  X. 

The  Commissioners  shall  keep  an  accurate  record  and  correct 
minutes  or  notes  of  all  their  proceedings,  with  the  dates  thereof ; and 
the  Governments  of  the  United  States  and  of  France  may  each  ap- 
point and  employ  a Secretary  versed  in  the  language  of  both  coun- 
tries, and  the  Commissioners  may  appoint  any  other  necessary  officer 
or  officers  to  assist  them  in  the  transaction  of  the  business  which  may 
come  before  them. 

Each  Government  shall  pay  its  own  Commissioner,  Secretary  and 
Agent  or  Counsel,  and  at  the  same  or  equivalent  rates  of  compensa- 
tion, as  near  as  may  be,  for  like  officers  on  the  one  side  as  on  the 
other.  All  other  expenses,  including  the  compensation  of  the  third 
Commissioner,  which  latter  shall  be  equal  or  equivalent  to  that  of  the 
other  Commissioners,  shall  be  defrayed  by  the  two  Governments  in 
equal  moieties. 

The  whole  expenses  of  the  Commission,  including  contingent  ex- 
penses, shall  be  defrayed  by  a ratable  deduction  on  the  amount  of  the 
sums  awarded  by  the  Commissioners,  provided  always  that  such 


PRANCE — 1880-1882. 


539 


deduction  shall  not  exceed  the  rate  of  five  per  centum  on  the  sums  so 
awarded.  If  the  whole  expenses  shall  exceed  this  rate,  then  the  excess 
of  expense  shall  be  defrayed  jointly  by  the  two  Governments  in  equal 
moieties. 

Article  XI. 

The  High  Contracting  Parties  agree  to  consider  the  result  of  the 
proceedings  of  the  Commission  provided  by  this  Convention  as  a full, 
perfect  and  final  settlement  of  any  and  every  claim  upon  either 
Government  within  the  description  and  true  meaning  of  Articles  I. 
and  II. ; and  that  every  such  claim,  whether  or  not  the  same  may  have 
been  presented  to  the  notice  of,  and  made,  preferred  or  laid  before  the 
said  Commission,  shall,  from  and  after  the  conclusion  of  the  proceed- 
ings of  the  said  Commission,  be  considered  and  treated  as  finally 
settled,  concluded  and  barred. 

Article  XII. 

The  present  convention  shall  be  ratified  by  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof,  and  by  the  President  of  the  French  Republic,  and  the  ratifi- 
cations shall  be  exchanged  at  AVashington,  at  as  early  a day  as  may 
be  possible  within  nine  months  from  the  date  hereof. 

In  testimony  whereof  the  respective  Plenipotentiaries  have  signed 
the  present  convention,  in  the  English  and  French  languages,  in 
duplicate,  and  hereunto  affixed  their  respective  seals. 

Done  at  the  city  of  AVashington,  the  fifteenth  day  of  January,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  eighty. 

[seal.]  AVilliam  Maxwell  Evarts. 

[seal.]  Max  Outrey. 


The  Commission  provided  for  in  the  foregoing  Convention  was 
duly  appointed,  met  at  AVashington,  November  5, 1880,  and  adjourned 
March  31,  188-1,  awarding  $625,566.35  against  the  United  States,  and 
13,659  francs  14  centimes  against  France. 


1882. 

Claims  Convention. 

Concluded  July  19,  1882;  ratification  advised  hy  the  Senate  August 
8,  1882;  ratified  hy  the  President  December  28,  1882;  ratifications 
exchanged  December  29,  1882;  proclaimed  December  29,  1882. 

Articles. 

Sole  Article  : Time  for  examination  and  presenting  of  claims  extended. 

The  United  States  of  America  and  the  French  Republic,  beipg  per- 
suaded that  the  labors  of  the  Commission  for  the  settlement  of  the 
claims  of  citizens  of  either  country  against  the  Government  of  the 
other,  which  was  organized  under  the  convention  between  the  two 
Governments  signed  at  AVashington  the  fifteenth  day  of  January, 
1880,  cannot  be  concluded  within  the  term  fixed  by  that  convention, 
have  deemed  it  expedient  to  conclude  a supplementary  convention 


540 


TREATIES,  CONVENTIONS,  ETC. 


extending  the  term  of  duration  of  said  Commission  for  a further 
period,  and  have  named  as  their  respective  plenipotentiaries  to  that 
end  as  follows: 

The  President  of  the  United  States,  Frederick  T.  Frelinghuysen, 
Secretary  of  State  of  the  United  States;  and 

The  President  of  the  French  Republic,  Theodore- Justin-Dominique 
Roustan,  Envoy  Extraordinary  and  Minister  Plenipotentiary  of 
France  at  Washington,  Commander  of  the  National  Order  of  the 
Legion  of  Honor,  etc.,  etc.; 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers,  found  in  good  and  due  form,  have  agreed  upon  the  following 
article : 

SOLE  ARTICLE. 

The  term  of  two  years  fixed  by  the  second  paragraph  of  Article 
VIII.  of  the  convention  between  the  United  States  and  the  French 
Republic,  concluded  January  15,  1880,  within  which  the  Commis- 
sioners appointed  thereunder  shall  be  bound  to  examine  and  de- 
cide upon  every  claim  presented  to  them,  is  hereby  extended  to  July 
first,  1883. 

Nothing  in  this  agreement  contained  shall  extend  or  alter  the  terms 
fixed  in  the  first  paragraph  of  said  Article  VIII.  for  the  presenta- 
tion of  claims,  but  the  same  shall  remain  as  therein  fixed. 

If  the  proceedings  of  the  Commission  shall  be  interrupted  by  the 
death,  incapacity,  retirement  or  cessation  of  the  functions  of  any 
one  of  the  Commissioners,  then  the  period  for  which  the  term  of  the 
Commission  is  hereby  extended  shall  not  be  held  to  include  the  time 
during  which  such  interruption  may  actually  exist. 

The  present  convention  shall  be  ratified  and  the  ratifications  ex- 
changed at  Washington  at  as  early  a day  as  may  be  practicable. 

In  testimon}’"  whereof  the  respective  plenipotentiaries  have  signed 
the  present  convention,  in  the  English  and  French  languages,  in 
duplicate,  and  have  hereunto  affixed  their  respective  seals. 

Done  at  the  city  of  Washington  the  nineteenth  day  of  July,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  eighty-two. 

[seal.]  Fred’k  T.  Frelinghuysen. 

[seal.]  Th.  Roustan. 


1883. 

Claims  Convention. 

Concluded  February  8,  1883;  ratification  advised  by  the  Senate  with 
an  amendment  February  21^  1883;  ratified  by  the  President  April  J, 
1883;  ratifications  exchanged  June  25^  1883;  proclaimed  June  25, 
1883. 

Articles. 

I.  Time  for  examination  and  presenta-  I II.  Time  of  receiving  evidence;  ratifi- 
tion  extended.  I cation. 

The  Government  of  the  United  States  of  America  and  the  Govern- 
ment of  the  French  Republic,  being  persuaded  that  the  labors  of  the 
Commission  for  the  settlement  of  the  claims  of  citizens  of  either 


FRANCE 1883-1891. 


541 


country  against  the  Government  of  the  other,  which  was  organized 
under  the  convention  between  the  two  Governments  signed  at  Wash- 
ington the  fifteenth  day  of  January,  1880,  and  which  was  extended 
to  July  first,  1883,  by  the  supplementary  convention  of  July  19th, 
1882,  cannot  be  concluded  by  July  1st,  1883,  have  deemed  it  expedient 
to  conclude  another  supplementary  convention  extending  the  term 
of  duration  of  said  Commission  for  a further  period,  and  have  named 
as  their  respective  plenipotentiaries  to  that  end,  as  follows : 

The  President  of  the  United  States,  Frederick  T.  Frelinghuysen, 
Secretary  of  State  of  the  United  States,  and  the  President  of  the 
French  Republic,  Theodore  Justin  Dominique  Roustan,  Envoy  Ex- 
traordinary and  Minister  Plenipotentiary  of  France  at  Washington, 
Commander  of  the  National  Order  of  the  Legion  of  Honor,  etc.,  etc. 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers  found  in  good  and  due  form,  have  agreed  upon  the  following 
articles. 

Article  I. 

The  term  of  two  years  fixed  by  the  second  paragraph  of  Article 
VIII.  of  the  convention  between  the  United  States  and  the  French 
Republic,  concluded  January  fifteenth,  1880,  within  which  the  Com- 
missioners appointed  thereunder  shall  be  bound  to  examine  and 
decide  upon  every  claim  presented  to  them  which  was  extended  to 
July  1st,  1883,  by  the  supplementary  convention  of  July  19th,  1882, 
is  hereby  extended  to  the  first  day  of  April,  A.  D.  1884. 

Nothing  in  this  agreement  contained  shall  extend  or  alter  the  terms 
fixed  in  the  first  paragraph  of  said  Article  VIII.  for  the  presentation 
of  claims,  but  the  same  shall  remain  as  therein  fixed. 

If  the  proceedings  of  the  Commission  shall  be  interrupted  by  the 
death,  or  incapacity  of  any  one  of  the  Commissioners,  then  the  period 
for  which  the  term  of  the  Commission  is  hereby  extended  shall 
not  be  held  to  include  the  time  during  which  such  interruption  may 
actually  exist. 

Article  II. 

No  testimony  or  evidence  either  in  support  of  or  in  answer  to  any 
claim  shall  be  presented  to,  or  received  by  the  Commission  after  the 
first  day  of  July,  1883. 

The  present  convention  shall  be  ratified  and  the  ratification  ex- 
changed at  Washington  at  as  early  a day  as  may  be  practicable. 

In  testimony  whereof  the  respective  Plenipotentiaries  have  signed 
the  present  convention  in  the  English  and  French  languages,  in 
duplicate,  and  have  hereunto  affixed  their  respective  seals. 

Done  at  the  City  of  Washington  the  eighth  day  of  February  in  the 
year  of  our  Lord,  one  thousand  eight  hundred  and  eighty-three. 

[seal.]  Feed’k  T.  Frelinghuysen. 

[seal.]  Th.  Roustan. 


1891. 

Copyright  Proclamation  Concluded  July  1,  1891. 

Note. — See  copyright  proclamation,  Belgium,  France,  Great  Brit- 
ain and  Switzerland,  page  105. 


542 


TEEATIES,  CONVENTIONS,  ETC. 


1898.“ 

Eecipkocal  Commercial  Agreement.® 

Concluded  May  28,  1898;  'proclaimed  May  SO,  1898;  in  eifect  June  1, 

1898. 

Articles. 

I.  Concessions  by  France.  I III.  Effect;  duration. 

II.  Concessions  by  United  States.  | 


PROTOCOL 

of  the  Reciprocal  Agreement  between  the  Governments  of  the  United 
States  of  America  and  of  the  French  Republic  concluded  at  Wash- 
ington this  twenty-eighth  day  of  May  1898  by  their  respective  Repre- 
sentatives duly  empowered  for  that  purpose ; namely,  on  the  part  of 
the  United  States  the  Honorable  John  A.  Kasson,  Special  Commis- 
sioner Plenipotentiary  etc.  and  on  the  part  of  the  French  Republic 
His  Excellency,  M.  Jules  Cambon,  Ambassador  of  France  etc.  etc.  etc. 

The  Government  of  the  United  States  and  the  Government  of 
France  being  animated  by  the  same  spirit  of  conciliation  and  being 
equally  desirous  to  improve  their  commercial  relations,  have  con- 
cluded the  following  Agreement. 


I. 

It  is  agreed  on  the  part  of  France  that  during  the  continuance  in 
force  of  this  Agreement  the  following  articles  of  commerce,  the 
product  of  the  soil  or  industry  of  the  United  States,  shall  be  admit- 
ted into  France  at  the  minimum  rates  of  duty,  to  wit,  not  exceeding 
the  following  rates : 


French 

Tariff 

No. 

Per  100 
kilogs. 

19 

Canned  meats 

Fraiics. 

15 

84 

Table  fruits,  fresh: 

5 

10 

8 

Apples  and  pears: ‘ 

2 

1.50 

Other  fruits  except  hothouse  grapes  and  fruits 

3 

85 

Fruits  dried  or  pressed  (e.xciuding  raisins): 

Apples  and  pears: 

For  the  table 

10 

4 

128 

Prunes 

Other  fruits 

10 

5 

0.65 

Sawed  or  squared  timber  80  mm.  or  more  in  thickness 

Squared  or  sawed  lumber  exceeding  35  mm.  and  less  than  80  mm.  in  thickness. . 

1 

1.25 

1.75 

129 

1.75 

130 

0. 75 

160 

30 

174 

1.50 

50 

25 

“ Terminated  bv  tariff  act  of  1909,  to  take  effect  October  31,  1909.  Federal  case : 
Nicholas  V.  U.  S.  (122  Fed.  Rep.,  892). 


FRANCE — 1898-1902. 


543 


II. 

It  is  reciprocally  agreed  on  the  part  of  the  United  States  in  accord- 
ance with  the  provisions  of  Section  3 of  the  United  States  Tarilf  Act 
of  1897  that  during  the  continuance  in  force  of  this  Agreement  the 
following  articles  of  commerce,  the  product  of  the  soil  or  industry 
of  France,  shall  be  admitted  into  the  United  States  at  rates  of  duty 
not  exceeding  the  following,  to  wit : 

On  argols,  or  crude  tartar,  or  wine  lees,  crude,  five  per  centum  ad 
valorem. 

On  brandies,  or  other  spirits  manufactured  or  distilled  from  grain 
or  other  materials,  one  dollar  and  seventy-five  cents  per  proof  gallon. 

On  paintings  in  oil  or  water  colors,  pastels,  pen  and  ink  drawings, 
and  statuary,  fifteen  per  centum  ad  valorem. 

It  is  further  agreed  on  the  part  of  the  United  States  that  the  rates 
of  duty  heretofore  imposed  and  collected  on  still  wines,  the  product 
of  France,  under  the  provisions  of  the  United  States  Tariff  Act  of 
1897  shall  be  conditionally  suspended,  and  in  place  thereof  shall  be 
imposed  and  collected  as  follows,  namely : 

On  still  wines  and  vermuth,  in  casks,  thirty-five  cents  per  gallon; 
in  bottles  or  jugs,  per  case  of  one  dozen  bottles  or  jugs  containing 
each  not  more  than  one  quart  and  more  than  one  pint,  or  twenty-four 
bottles  or  jugs  containing  each  not  more  than  one  pint,  one  dollar 
and  twenty-five  cents  per  case,  and  any  excess  beyond  these  quantities 
found  in  such  bottles  or  jugs  shall  be  subject  to  a duty  of  four  cents 
per  pint  or  fractional  part  thereof,  but  no  separate  or  additional  duty 
shall  be  assessed  upon  the  bottles  or  jugs. 

But  it  is  expressly  understood  that  this  latter  concession  may  be 
Avithdrawn  in  the  discretion  of  the  President  of  the  United  States 
whenever  additional  duties  beyond  those  noAv  existing,  and  which 
may  be  deemed  by  him  unjust  to  the  commerce  of  the  United  States, 
shall  be  imposed  by  France  on  products  of  the  United  States. 

III. 

This  Agreement  shall  take  effect  and  be  in  force  on  and  after  the 
first  day  of  June  1898. 

Signed  in  duplicate  this  tAventy-eighth  day  of  May  A.  D.  1898,  in 
the  City  of  Washington. 

John  A.  Kasson 
Jules  Cambon 


1903.“ 

Amendatory  Reciprocal  Commercial  Agreement  avith  France. 
Concluded  August  20,  1902;  proclaimed  August  22,  1902. 

Articles. 

I.  Algeria ; Porto  Rico.  I II.  Effect ; duration. 

The  United  States  of  America  and  the  French  Republic,  finding  it 
expedient  to  amend  the  Commercial  Agreement  between  the  two 

“Terminated  Oct.  31,  1909.  Federal  cases;  Fernan  v,  U.  S.  (144  Fed.  Sep., 
683). 


544 


TKEATIES,  CONVENTIONS,  ETC. 


countries,  signed  at  Washington  on  the  28th  day  of  May,  1898,  have 
named  for  this  purpose  their  respective  Plenipotentiaries,  to  wit; — 

The  President  of  the  United  States  of  America,  the  Honorable 
Alvey  A.  Adee,  Acting  Secretary  of  State  of  the  United  States  of 
America;  and 

The  President  of  the  French  Republic,  Mr.  Pierre  de  Margerie, 
Charge  d’Affaires  of  France  at  Washington; 

Who,  after  having  communicated  each  to  the  other  their  respective 
full  powers,  found  to  be  in  good  and  due  form,  have  agreed  to  the 
following  additional  and  amendatory  articles  to  be  taken  as  part  of 
said  Agreement: 

Article  I. 

The  High  Contracting  Parties  mutually  agree  that  the  provisions 
of  the  said  Agreement  shall  apply  also  to  Algeria  and  the  Island 
of  Porto  Rico.  It  is  further  agreed  on  the  part  of  the  French  Re- 
public that  coffee,  the  product  of  Porto  Rico,  shall  enjoy  until  the 
23rd  day  of  February,  1903,  the  benefit  of  the  minimum  customs 
tariff  of  France  on  that  article. 

Article  II. 

This  Amendatory  and  Additional  Agreement  shall  take  effect  from 
and  after  the  date  of  the  President’s  Proclamation  which  shall  give 
effect  thereto,  and  shall  be  and  continue  in  force  during  the  con- 
tinuance in  force  of  the  said  Commercial  Agreement,  signed  Mav 
28th,  1898. 

Done  in  duplicate  in  English  and  French  texts  at  Washington  this 
twentieth  day  of  August,  one  thousand  nine  hundred  and  two. 

[seal]  Alvey  A.  Adee 

[seal]  Pierre  de  Margerie 


1904. 

Relations  in  Tunis. 

Signed  March  15, 190 Jf.;  ratification  advised  hy  the  Senate  March  2^, 
lOOJf,’  ratified  hy  the  President  May  6, 1904;  ratifications  exchanged 
May  7,  1904;  proclaimed  May  9,  1904. 

Abticles  : 

I.  Renunciation  of  treaties  with  Tunis,  I II.  Ratification, 
etc.  I 

The  President  of  the  United  States  of  America  and  the  President 
of  the  French  Republic,  acting  in  his  own  name  as  Avell  as  in  that  of 
His  Highness  the  Bey  of  Tunis,  desiring  to  determine  the  relations 
between  the  United  States  and  France  in  Tunis,  and  desiring  to  de- 
fine the  treaty  situation  of  the  United  States  in  the  Regency,  have 
named  for  that  purpose  the  folloiving  plenipotentiaries: 

The  President  of  the  United  States  of  America,  John  Hay,  Secre- 
tary of  State  of  the  United  States;  and 

The  President  of  the  French  Republic,  J.  J.  Jusserand,  Ambassa- 
dor Extraordinary  and  Plenipotentiary  of  France  at  Washington; 


PEAXCE — 1904. 


545 


Who,  after  communicating  to  each  other  their  full  powers,  which 
were  found  in  good  and  due  form,  have  agreed  upon  the  following 
Articles : 

Article  I. 

The  Government  of  the  United  States  declares  that  it  renounces 
the  right  of  invoking  in  Tunis  the  stipulations  of  the  Treaties  made 
between  the  United  States  and  the  Bey  of  Tunis  in  August  1797,  and 
in  February  1824,  and  that  it  will  refrain  from  claiming  for  its  Con- 
suls and  citizens  in  Tunis  other  rights  and  privileges  than  those 
which  belong  to  them  in  virtue  of  international  law  or  which  belong 
to  them  in  France  by  reason  of  treaties  in  existence  between  the 
United  States  and  France. 

The  Government  of  the  F rench  Eepublic  agrees  on  its  side  to  assure 
these  rights  and  privileges  in  Tunis  to  the  Consuls  and  citizens  of  the 
United  States  and  to  extend  to  them  the  advantage  of  all  treaties  and 
conventions  existing  between  the  United  States  and  France. 

Article  II. 

The  present  convention  shall  be  ratified  and  the  ratifications  shall 
be  exchanged  at  Washington  as  soon  as  possible. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
the  foregoing  Articles  and  have  affixed  their  seals. 

Done  in  duplicate  at  Washington,  in  the  English  and  French  lan- 
guages, the  15th  day  of  March,  in  the  year  1904. 

John  Hay  [seal.] 
JUSSERAND  [seal.] 


1905. 

Protection  of  Trade-Marks  in  China. 

Agreement  effected  Jjy  exchange  of  notes  October  J,  1905. 

American  Legation, 
Peking.,  China.,  October  3, 1905. 

Mr.  INIinister  and  dear  Colleague  : The  Government  of  the 
United  States  being  desirous  of  reaching  an  understanding  with  the 
Government  of  the  French  Republic  for  the  reciprocal  protection 
against  infringement  in  China  by  citizens  of  our  respective  nations 
of  trade  marks  duly  registered  in  the  United  States  and  France,  I am 
authorized,  by  the  Secretary  of  State  of  the  United  States,  to  inform 
you  that  effectual  provision  exists  in  American  Consular  Courts  in 
China  for  the  trial  and  punishment  of  all  persons  subject  to  the 
jurisdiction  of  the  United  States  who  may  be  charged  with  and 
found  guilty  of  infringing  in  any  way  trade  marks  of  persons  subject 
to  the  jurisdiction  of  France  which  have  been  duly  registered  in  the 
United  States. 

I beg  that  you  will  kindly  inform  me  whether  American  citizens 
are  entitled  to  the  same  legal  remedies  in  the  Consular  Courts  of 
France  in  China  as  regards  the  protection  from  infringement  of  their 
(rade  marks  duly  registered  in  France. 

I have  the  honor  to  be.  My  dear  Colleague,  Your  obedient  servant, 

W.  W.  Rockhill. 

His  Excellency  Monsieur  Dubail, 

etc..,  etc.,  etc. 

24449— VOL  1—10 35 


546 


TREATIES,  CONVENTIONS,  ETC. 
[Translation.] 


Legation  of  the  French  Republic  in  China, 

Peking^  October  3,  1905. 

Mr.  Minister  and  dear  Colleague  : By  your  despatch  of  this  day 
Your  Excellency  has  been  pleased  to  inform  me  that  the  Govern- 
ment of  the  United  States  of  America  being  desirous  of  reaching  an 
understanding  with  the  Government  of  the  Republic  for  the  reciprocal 
protection  of  trade  marks,  you  have  been  authorized  to  state  to  me 
that  the  American  Consular  Courts  in  China  are  competent  in  all 
matters  relating  to  the  counterfeiting  of  trade  marks  by  persons 
under  the  jurisdiction  of  the  United  States. 

Any  complaint  made  by  a person  under  French  jurisdiction  to  an 
American  Consular  Court  for  the  purpose  of  securing  against  persons 
under  American  jurisdiction  protection  for  a trade  mark  duly  regis- 
tered in  the  United  States  of  America  will  be  heard  by  said  courts  in 
first  instance  and  on  appeal  by  the  competent  courts. 

I have  the  honor  to  confirm  to  Your  Excellency  this  declaration 
which  responds  to  the  request  I had  made  jmu. 

So  as  to  perfect  the  understanding  thus  arrived  at  by  both  countries 
I am  authorized  to  state  on  my  side  to  Your  Excellency  that  the 
Government  of  the  Reiiublic  will  willingly  insure  in  China  protection 
for  duly  registered  American  trade  marks  which  may  be  counterfeited 
by  persons  under  French  jurisdiction. 

To  that  end  French  Consular  Courts  in  China,  for  complaints  in 
first  instance,  and  the  Court  of  Saigon,  for  appeals,  will  be  comjietent 
to  hear  all  such  cases  presented  by  persons  under  American  juris- 
diction. 

Please  accept,  Mr.  Minister  and  dear  Colleague,  the  assurance  of 
my  highest  consideration. 

G.  Dubail. 


Peking,  January  22,  1906. 

Mr.  Minister  and  dear  Colleague  : In  connection  with  the  notes 
which  I had  the  honor  to  exchange  with  Your  Excellency  on  Octo- 
ber 3,  1905,  looking  to  the  reciprocal  protection  from  infringement 
by  our  respective  nationals  in  China  of  trade  marks  belonging  to 
them  I duly  transmitted  copies  of  the  same  to  my  Government. 

In  reply  the  Secretary  of  State  has  called  to  my  attention,  as 
possibly  misleading,  the  use  made  in  my  note  to  you  of  the  word 
“ punishment  ” by  our  Consular  Courts  in  China  of  American  citi- 
zens who  may  have  infringed  in  China  trade  marks  the  property  of 
persons  under  the  jurisdiction  of  France. 

In  view  of  the  fact  that  there  is  no  statute  in  the  United  States 
making  the  infringement,  counterfeiting,  etc.,  of  a trade  mark  a 
criminal  offense,  and  that  effectual  provision  exists  by  a civil  action 
for  damages  by  the  owner  of  a trade  mark,  my  Government  is  of  the 
opinion  that  the  word  “ punishment  ” should  be  understood  to  refer 
to  a civil  action  only,  and  not  to  a criminal  jirocedure,  as  might  be 
inferred  from  the  use  of  the  word  in  question  without  the  present 
explanation  added  thereto. 

I beg  leave  to  call  Your  Excellencj^’s  attention  to  the  above  pro- 
vision of  our  law,  so  that  nothing  in  my  note  of  October  3.  last,  may 
be  construed  as  conflicting  therewith. 


FKANCE — 1904-1908. 


547 


I avail  myself  of  this  opportunity  to  renew  to  Your  Excellency 
the  assurances  of  my  highest  consideration. 

W.  W.  Eockhill. 

To  His  Excellency  M.  Dubail, 

etc.^  etc.^  etc. 


1908.“ 

Additional  Commercial  Agreement. 

Signed  January  28,  1908. 

Articles. 

I.  Concessions  by  France.  I III.  Commissiontoexamineregulations. 

II.  Concessions  by  the  United  States.  | IV.  Effect;  duration. 

The  Government  of  the  United  States  of  America  and  the  Govern- 
ment of  the  French  Kepublic,  considering  it  appropriate  to  supple- 
ment by  a new  additional  Agreement  the  Commercial  Agreements 
signed  between  the  two  countries,  at  Washington,  on  May  28,  1898, 
and  August  20,  1902,  respectively,  have  appointed  as  their  Plenipo- 
tentiaries, to  wit : 

The  President  of  the  United  States  of  America,  the  Honorable 
Elihu  Root,  Secretary  of  State  of  the  United  States:  and 

The  Pi’esident  of  the  French  Republic,  His  Excellency  J.  J.  Jusse- 
rand.  Ambassador  of  the  French  Republic  to  the  United  States  of 
America, 

Who,  after  an  exchange  of  their  respective  full  powers,  found  to  be 
in  due  and  proper  form,  have  agreed  ujion  the  following  articles : 

Article  I. 

It  is  agreed,  on  the  part  of  the  French  Government  that  the  applica- 
tion of  the  duties  of  the  general  tariff  to  coffee,  cacao,  chocolate, 
vanilla  and  other  food  products  known  in  the  French  tariff  law  as 
“ denrees  coloniales  de  consommation^’’  except  sugar  and  its  by-prod- 
ucts and  tobacco,  products  of  the  United  States,  including  Porto 
Rico,  shall  be  conditionally  suspended  and  that  the  said  products 
shall  be  admitted  into  France  and  Algeria  at  the  rates  of  the  mini- 
mum tariff  or  at  the  lowest  rates  applied  to  the  like  products  of  any 
other  foreign  origin. 

In  addition,  mineral  oils  from  the  United  States  and  coming  under 
the  decree  of  July  7,  1893,  shall  upon  entry  into  France  and  Algeria 
enjoy  the  benefits  of  the  lowest  rates  of  duty. 

But  it  is  expressly  understood  that  these  concessions  may  be  with- 
drawn in  the  discretion  of  the  President  of  the  French  Republic 
whenever  additional  duties  beyond  those  now  existing  and  which  may 
be  deemed  by  him  unjust  to  the  commerce  of  France  shall  be  im- 
posed by  the  United  States  on  products  of  France. 


“Terminated  October  31,  1909,  under  tariff  act  of  1909. 


548 


TREATIES,  CONVENTIONS,  ETC. 

Article  II. 

It  is  reciprocally  agreed  on  the  part  of  the  United  States,  in  ac- 
cordance with  the  provisions  of  Section  3 of  the  United  States  Tariff 
Act  of  1897,  that  the  rates  of  duty  heretofore  imposed  and  collected, 
under  the  said  Act,  on  Champagne  and  all  other  French  sparkling 
wines  upon  entering  the  United  States  and  the  Island  of  Porto  Rico 
shall  be  conditionally  suspended  and,  instead,  the  following  duties 
shall  be  imposed  and  collected,  to  wit : 

On  Champagne  and  all  other  sparkling  wines,  in  bottles  contain- 
ing not  more  than  one  quart  and  more  than  one  pint,  six  dollars  per 
dozen ; containing  not  more  than  one  pint  each  and  more  than  one- 
half  pint,  three  dollars  per  dozen;  containing  one-half  pint  each  or 
less,  one  dollar  and  fifty  cents  per  dozen;  in  bottles  or  other  vessels 
containing  more  than  one  quart  each,  in  addition  to  six  dollars  per 
dozen  bottles  on  the  quantities  in  excess  of  one  quart,  at  the  rate  of 
one  dollar  and  ninety  cents  per  gallon. 

But  it  is  expressly  understood  that  this  concession  may  be  with- 
drawn in  the  discretion  of  the  President  of  the  United  States  when- 
ever additional  duties  beyond  those  now  existing  and  which  may  be 
deemed  by  him  unjust  to  the  commerce  of  the  United  States  shall 
be  imposed  by  France  on  products  of  the  United  States. 

Article  III. 

It  is  further  agreed  that,  inasmuch  as  complaints  have  arisen  in 
both  countries  regarding  the  effect  of  the  regulations  in  force  in  the 
respective  countries  affecting  the  admission  of  each  other's  products, 
and  to  the  end  that  if  there  b’e  in  the  regulations  of  either  country 
any  provisions  which  unnecessarily  restrict  trade,  such  provisions 
may  be  modified,  and  the  cause  of  complaint  removed,  a commission 
of  three  experts  shall  be  appointed  by  the  Government  of  the  United 
States  and  a like  commission  of  three  experts  shall  be  appointed  by 
the  Government  of  France.  Such  Commissions  shall  in  conference 
each  with  the  other  inquire  into  and  ascertain  fully  the  existing 
conditions  in  each  country  as  bearing  upon  the  necessity  of  the 
regulations  affecting  the  trade  of  the  other  country  and  as  bearing 
upon  the  practicability  of  reciprocal  tariff  concessions.  Each  com- 
mission shall  report  to  its  own  Government  thereon. 

It  is  further  agreed  that  upon  the  basis  of  the  report  so  made  the 
two  Governments  shall  enter  upon  an  exchange  of  views  to  the  end. 
that  if  possible  all  cause  of  complaint  in  their  respective  regulations 
regarding  the  admission  of  any  of  the  products  of  either  country 
to  the  other  may  be  removed. 

Article  IY. 

This  additional  Agreement  shall  take  effect  and  be  in  force  on  and 
after  the  first  day  of  February,  one  thousand  nine  hundred  and 
eight,  and  shall  continue  in  force  so  long  as  the  Agreements  signed 
on  May  28,  1898,  and  August  20,  1902,  shall  remain  in  force. 

Done  in  duplicate  in  English  and  French  texts  at  Washington, 
this  twenty-eighth  day  of  January,  one  thousand  nine  hundred  and 
eight. 

Elihu  Root  [seal] 
JUSSERAND  [seal] 


FRANCE — 1908. 


549 


1908. 

Arbitration  Convention. 

Signed  at  W ashington  February  10,  1908;  ratification  advised  'by  'the 

Senate  February  19,  1908;  ratifed  by  the  President  February  £7, 

1908;  ratif cations  exchanged  at  W ashington  March  12,  1908;  'pro- 
claimed March  11/.,  1908. 

Articles. 

I.  Differences  to  be  submitted.  I III.  Ratification. 

II.  Special  agreement.  I 

The  Government  of  the  United  States  of  America  and  the  Govern- 
ment of  the  French  Republic,  signatories  of  the  Convention  for  the 
pacific  settlement  of  international  disputes,  concluded  at  The  Hague 
on  the  29th  July,  1899; 

Taking  into  consideration  that  by  Article  XIX  of  that  Convention 
the  High  Contracting  Parties  have  reserved  to  themselves  the  right  of 
concluding  Agreements,  with  a view  to  referring  to  arbitration  all 
questions  which  they  shall  consider  possible  to  submit  to  such  treat- 
ment. 

Have  authorized  the  Undersigned  to  conclude  the  following  ar- 
rangement : — 

Article  I. 

Differences  which  may  arise  of  a legal  nature,  or  relating  to  the 
interpretation  of  treaties  existing  between  the  two  Contracting  Par- 
ties, and  which  it  may  not  have  been  possible  to  settle  by  diplomacy, 
shall  be  referred  to  the  Permanent  Court  of  Arbitration  established 
at  The  Hague  by  the  Convention  of  the  29th  July,  1899,  provided, 
nevertheless,  that  they  do  not  affect  the  vital  interests,  the  independ- 
ence, or  the  honor  of  the  two  Contracting  States,  and  do  not  con- 
cern the  interests  of  third  Parties. 

Article  II. 

In  each  individual  case  the  High  Contracting  Parties,  before  ap- 
pealing to  the  Permanent  Court  of  Arbitration,  shall  conclude  a 
special  Agreement  defining  clearly  the  matter  in  dispute,  the  scope  of 
the  powers  of  the  Arbitrators,  and  the  periods  to  be  fixed  for  the 
formation  of  the  Arbitral  Tribunal  and  the  several  stages  of  the  pro- 
cedure. It  is  understood  that  on  the  part  of  the  United  States  such 
.special  agreements  will  be  made  by  the  President  of  the  United 
States,  by  and  with  the  advice  and  consent  of  the  Senate,  and  on  the 
part  of  France  they  will  be  subject  to  the  procedure  required  by  the 
constitutional  laws  of  France. 

Article  III. 

The  present  Convention  shall  be  ratified  by  the  President  of  the 
United  States  of  America,  by  and  with  the  advice  and  consent  of  the 
Senate  thereof;  it  shall  become  effective  on  the  day  of  such  ratifica- 
tion, and  shall  remain  in  force  for  a period  of  five  years  thereafter. 

Done  in  duplicate  in  the  English  and  French  languages,  at  Wash- 
ington, this  tenth  day  of  February,  in  the  year  1908. 

Elihu  Root  [seal] 
JuSSERAND  [seal] 


GERMA^^  EMPIRE. 

The  formation  of  the  German  Empire  in  1871  by  the  consolidation 
of  the  North  German  Union,  etc.,  has  in  some  instances  abrogated 
the  treaties  entered  into  with  the  independent  German  governments 
now  embraced  in  the  Empire,  but  reference  is  here  given  to  all  the 
separate  governments  with  which  treaties  have  been  concluded. 

See  Baden,  Bavaria,  Bremen,  Brunswick  and  Liineberg,  Hanover, 
Hanseatic  Republics,  Hesse,  Mecklenburg-Schwerin,  Mecklenburg- 
Strelitz,  Nassau,  North  German  Union,  Oldenburg,  Prussia,  Saxony, 
Schaumburg-Lippe,  Wiirttemburg. 

1871. 


Consular  Convention.® 

Concluded  December  77,  1871;  rati-fication  advised  by  the  Senate 
January  18^  1872 ; ratified  by  the  President  January  26, 1872;  rati- 
fications exchanged  April  29,  1872:  proclaimed  June  1,  1872. 

Articles. 


I.  Consular  officers. 

II.  Exequaturs. 

III.  Privileges  and  immunities. 

IV.  Arms  and  flags. 

V.  Inviolability  of  consulates. 

VI.  Temporary  vacancies. 

VII.  Consular  agencies. 

VIII.  Communications  with  authorities. 

IX.  Notarial  authority. 

X.  Property  of  decedents. 

XI.  Effects  of  deceased  sailors  and 
passengers. 


XII.  Authority  over  ships. 

XIII.  Disputes  between  officers  and 

crews  of  ships. 

XIV.  Deserters  from  ships. 

XV.  Damages  to  vessels  at  sea. 

XVI.  Shipwrecks. 

XVH.  Trade-mark  protection. 

XVm.  Duration;  ratification. 

Protocol.  As  to  meaning  of  “ prop- 
erty,” and  “deceased  citizens.” 


The  President  of  the  United  States  of  America  and  His  Majesty 
the  Emperor  of  Germany,  King  of  Prussia,  in  the  name  of  the  Ger- 
man Empire,  led  by  the  wish  to  define  the  rights,  privileges,  immuni- 
ties and  duties  of  the  respective  Consular  Agents,  have  agreed  upon 
the  conclusion  of  a Consular  Convention,  and  for  that  purpose  have 
appointed  their  Plenipotentiaries,  namely: 

The  President  of  the  United  States  of  America,  George  Bancroft, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  from  the  said 
States,  near  His  Majesty  the  Emperor  of  Germany;  His  Majest}'^  the 
Emperor  of  Germany,  King  of  Prussia,  Bernard  Konig,  His  Privy 
Councillor  of  Legation ; who  have  agreed  to  and  signed  the  following 
articles : 

Article  I. 


Each  of  the  Contracting  Parties  agrees  to  receive  from  the  other 
Consuls-General,  Consuls,  Vice-Consuls  and  Consular  Agents  in  all 


“Federal  cases:  The  Burcfiard  (42  Fed.  Rep.,  608),  Ricfiter  v.  Reynolds  (59 
Fed.  Rep.,  577),  The  Neck  (138  Fed.  Rep.,  144),  The  Baker  (171  Fed.  Rep.,  485). 

550 


GERMAN  EMPIRE ISll. 


551 


its  ports,  cities  and  places,  except  those  where  it  may  not  be  conven- 
ient to  recognize  such  officers.  This  reservation,  however,  shall  not 
apply  to  one  of  the  Contracting  Parties  without  also  applying  to 
every  other  Power. 

Article  II. 

The  Consuls-General,  Consuls,  Vice-Consuls  or  Consular  Agents 
shall  be  reciprocally  received  and  recognized,  on  the  presentation 
of  their  commissions,  in  the  forms  established  in  their  respective 
countries.  The  necessary  exequatur  for  the  exercise  of  their  func- 
tions shall  be  furnished  to  them  free  of  charge,  and,  on  the  exhibition 
of  this  instrument,  they  shall  be  admitted  at  once,  and  without  diffi- 
culty, by  the  territorial  authorities.  Federal,  State  or  communal,  judi- 
cial, or  executive  of  the  ports,  cities  and  places  of  their  residence 
and  district,  to  the  enjoyment  of  the  prerogatives,  reciprocally 
granted.  The  Government  that  furnishes  the  exequatur  reserves 
the  right  to  withdraw  the  same  on  a statement  of  the  reasons  for 
which  it  has  thought  proper  to  do  so. 

Article  III. 

The  respective  Consuls-General,  Consuls,  Vice-Consuls  or  Consular 
Agents,  as  well  as  their  Chancellors  and  Secretaries,  shall  enjoy  in 
the  two  countries  all  privileges,  exemptions  and  immunities  which 
have  been  granted,  or  may  in  future  be  granted,  to  the  Agents  of  the 
same  rank  of  the  most  favored  nation.  Consular  officers,  not  being 
citizens  of  the  country  where  they  are  accredited,  shall  enjoy,  in  the 
country  of  their  residence,  personal  immunity  from  arrest  or  impris- 
onment excejit  in  the  case  of  crimes,  exemption  from  military  billet- 
ings  and  contributions,  from  military  service  of  every  sort  and  other 
public  duties,  and  from  all  direct  or  personal  or  sumptuary  taxes, 
duties  and  contributions,  whether  Federal,  State  or  municipal.  If, 
however,  the  said  consular  officers  are  or  become  owners  of  property 
in  the  country  in  which  they  reside,  or  engage  in  commerce,  they  shall 
be  subject  to  the  same  taxes  and  imposts,  and  to  the  same  jurisdiction, 
as  citizens  of  the  country,  property-holders  or  merchants.  But  under 
no  circumstances  shall  their  official  income  be  subject  to  any  tax. 
Consular  officers  who  engage  in  commerce  shall  not  plead  their  consu- 
lar privileges  to  avoid  their  commercial  liabilities.  Consular  officers 
of  either  character  shall  not  in  any  event  be  interfered  with  in  the 
exercise  of  their  official  functions,  further  than  is  indispensable  for 
the  administration  of  the  laws  of  the  country. 

Article  IV. 

Consuls-General,  Consuls,  Vice-Consuls  and  Consular  Agents  may 
place  over  the  outer  door  of  their  offices,  or  of  their  dwellings,  the 
arms  of  their  nation,  with  the  proper  inscription  indicative  of  the 
office.  And  they  may  also  hoist  the  flag  of  their  country  on  the  con- 
sular edifice,  except  in  places  where  a legation  of  their  country  is 
established. 

They  may  also  hoist  their  flag  on  board  any  vessel  employed  by 
them  in  port  for  the  discharge  of  their  duty. 


552 


TREATIES,  CONVENTIONS,  ETC. 


Article  V. 

The  consular  archives  shall  be  at  all  times  inviolable,  and  under  no 
pretence  whatever  shall  the  local  authorities  be  allowed  to  examine 
or  seize  the  papers  forming  part  of  them.  When,  however,  a con- 
sular officer  is  engaged  in  other  business,  the  papers  relating  to  the 
consulate  shall  be  kept  in  a separate  enclosure. 

The  offices  and  dwellings  of  Consules  missi  who  are  not  citizens  of 
the  country  of  their  residence  shall  be  at  all  times  inviolable.  The 
local  authorities  shall  not,  except  in  the  case  of  the  pursuit  for 
crimes,  under  any  pretext  invade  them.  In  no  case  shall  they  exam- 
ine or  seize  the  papers  there  deposited.  In  no  event  shall  those 
offices  or  dwellings  be  used  as  places  of  asylum. 

Article  VI. 

In  the  event  of  the  death,  prevention  or  absence  of  Consuls-General, 
Consuls,  Vice-Consuls  and  Consular  Agents,  their  Chancellors  or 
Secretaries,  whose  official  character  may  have  previously  been  made 
known  to  the  respective  authorities  in  Germany  or  in  the  United 
States,  may  temporarily  exercise  their  functions,  and,  while  thus 
acting,  they  shall  enjoy  all  the  rights,  prerogatives  and  immunities 
granted  by  this  convention  to  the  incumbents. 

Article  VII. 

Consuls-General  and  Consuls  may,  with  the  approbation  of  their 
respective  Governments,  appoint  Vice-Consuls  and  Consular  Agents 
in  the  cities,  ports  and  places  within  their  consular  jurisdiction. 
These  officers  may  be  citizens  of  Germany,  of  the  United  States,  or 
any  other  country.  They  shall  be  furnished  with  a commission  by 
the  Consul  who  appoints  them  and  under  whose  orders  they  are  to 
act,  or  by  the  Government  of  the  country  which  he  represents.  They 
shall  enjoy  the  privileges  stipulated  for  consular  officers  in  this  con- 
vention, subject  to  the  exceptions  specified  in  Article  III. 

Article  VIII. 

Consuls-General,  Consuls,  Vice-Consuls  and  Consular  Agents  shall 
have  the  right  to  apply  to  the  authorities  of  the  respective  countries, 
whether  Federal  or  local,  judicial  or  executive,  within  the  extent  of 
their  consular  district,  for  the  redress  of  any  infraction  of  the  treaties 
and  conventions  existing  between  the  two  countries,  or  of  interna- 
tional law ; to  ask  information  of  said  authorities,  and  to  address 
said  authorities  to  the  end  of  protecting  the  rights  and  interests  of 
their  countrymen,  especially  in  cases  of  the  absence  of  the  latter; 
in  which  cases  such  Consuls,  etc.,  shall  be  presumed  to  be  their  legal 
representatives.  If  due  notice  should  not  be  taken  of  such  applica- 
tion, the  consular  officers  aforesaid,  in  the  absence  of  a diplomatic 
agent  of  their  country,  may  apply  directly  to  the  Government  of 
the  country  where  they  reside. 


Article  IX. 

Consuls-General,  Consuls,  Vice-Consuls  and  Consular  Agents  of  the 
two  countries,  or  their  Chancellors,  shall  have  the  right,  conformably 
to  the  laws  and  regulations  of  their  country. 


GERMAN  EMPIRE — 1811. 


553 


1.  To  take  at  their  office  or  dwelling,  at  the  residence  of  the  parties, 
or  on  board  of  vessels  of  their  own  nation,  the  depositions  of  the  cap- 
tains and  crews,  of  passengers  on  board  of  them,  of  merchants,  or  of 
any  other  citizens  of  their  own  country. 

2.  To  receive  and  verify  unilateral  acts,  wills  and  bequests  of  their 
countrymen,  and  any  and  all  acts  of  agreement  entered  upon  between 
citizens  of  their  own  country,  and  between  such  citizens  and  the  citi- 
zens or  other  inhabitants  of  the  country  where  they  reside;  and  also 
all  contracts  between  the  latter,  provided  they  relate  to  property  sit- 
uated or  to  business  to  be  transacted  in  the  territory  of  the  nation  by 
which  the  said  consular  officers  are  appointed. 

All  such  acts  of  agreement  and  other  instruments,  and  also  copies 
and  translations  thereof,  when  duly  authenticated  by  such  Consul- 
General,  Consul,  Vice-Consul  or  Consular  Agent,  under  his  official 
seal,  shall  be  received  by  public  officials,  and  in  courts  of  justice  as 
legal  documents,  or  as  authenticated  copies,  as  the  case  may  be,  and 
shall  have  the  same  force  and  effect  as  if  drawn  up  or  authenticated 
by  competent  public  officers  of  one  or  the  other  of  the  two  countries. 

Article  X. 

In  case  of  the  death  of  any  citizen  of  Germany  in  the  United 
States,  or  of  any  citizen  of  the  United  States,  in  the  German  Em- 
pire, without  having  in  the  country  of  his  decease  any  known  heirs 
or  testamentary  executors  by  him  appointed,  the  competent  local  au- 
thorities shall  at  once  inform  the  nearest  consular  officer  of  the  nation 
to  which  the  deceased  belongs  of  the  circumstance,  in  order  that  the 
necessary  information  may  be  immediately  forwarded  to  parties  in- 
terested. 

The  said  consular  officer  shall  have  the  right  to  appear  personally 
or  by  delegate  in  all  proceedings  on  behalf  of  the  absent  heirs  or  cred- 
itors, until  they  are  duly  represented. 

In  all  successions  to  inheritances,  citizens  of  each  of  the  contracting 
parties  shall  pay  in  the  country  of  the  other  such  duties  only  as  they 
would  be  liable  to  pay,  if  they  were  citizens  of  the  country  in  which 
the  property  is  situated  or  the  judicial  administration  of  the  same 
may  be  exercised. 


Article  XI. 

Consuls-General,  Consuls,  Vice-Consuls  and  Consular  Agents  of  the 
two  countries  are  exclusively  charged  with  the  inventorying  and  the 
safe-keeping  of  goods  and  etfects  of  every  kind  left  by  sailors  or  pas- 
sengers on  ships  of  their  nation  who  die,  either  on  board  ship  or  on 
land,  during  the  voyage  or  in  the  port  of  destination. 

Article  XII. 

Consuls-General,  Consuls,  Vice-Consuls  and  Consular  Agents  shall 
be  at  liberty  to  go  either  in  person  or  by  proxy  on  board  vessels  of 
their  nation  admitted  to  entry  and  to  examine  the  officers  and  crews, 
to  examine  the  ships’  papers,  to  receive  declarations  concerning  their 
voyage,  their  destination,  and  the  incidents  of  the  voyage;  also  to 
draw  up  manifests  and  lists  of  freight,  to  facilitate  the  entry  and 


554 


TREATIES,  CONVENTIONS,  ETC. 


clearance  of  their  vessels,  and  finally  to  accompany  the  said  officers 
or  crews  before  the  judicial  or  administrative  authorities  of  the 
country,  to  assist  them  as  their  interpreters  or  agents. 

The  judicial  authorities  and  custom-house  officials  shall  in  no  case 
proceed  to  the  examination  or  search  of  merchant-vessels  without 
having  given  previous  notice  to  the  consular  officers  of  the  nation  to 
which  the  said  vessels  belong,  in  order  to  enable  the  said  consular 
officers  to  be  present. 

They  shall  also  give  due  notice  to  the  said  consular  officers,  in  order 
to  enable  them  to  be  present  at  any  depositions  or  statements  to  be 
made  in  courts  of  law  or  before  local  magistrates,  by  officers  or  per- 
sons belonging  to  the  crew,  thus  to  prevent  errors  or  false  interpre- 
tations which  might  impede  the  correct  administration  of  justice. 
The  notice  to  Consuls,  Vice-Consuls  or  Consular  xVgents  shall  name 
the  hour  fixed  for  such  proceedings.  Upon  the  non-appearance  of 
the  said  officers  or  their  representatives,  the  case  may  be  proceeded 
with  in  their  absence. 

Article  XIII. 

Consuls-General,  Consuls,  Vice-Consuls  or  Consular  Agents  shall 
have  exclusive  charge  of  the  internal  order  of  the  merchant-vessels 
of  their  nation,  and  shall  have  the  exclusive  power  to  take  cognizance 
of  and  to  determine  differences  of  every  kind  which  may  arise,  either 
at  sea  or  in  port,  between  the  captains,  officers  and  crews,  and  spe- 
cially in  reference  to  wages  and  the  execution  of  mutual  contracts. 
Neither  any  court  or  authority  shall,  on  any  pretext,  interfere  in  these 
differences,  except  in  cases  where  the  differences  on  board  ship  are  of 
a nature  to  disturb  the  peace  and  public  order  in  port,  or  on  shore,  or 
when  persons  other  than  the  officers  and  crew  of  the  vessel  are  parties 
to  the  disturbance. 

Except  as  aforesaid,  the  local  authorities  shall  confine  themselves 
to  the  rendering  of  efficient  aid  to  the  Consuls,  when  they  may  ask 
it,  in  order  to  arrest  and  hold  all  persons,  whose  names  are  borne  on 
the  ship’s  articles,  and  whom  they  may  deem  it  necessary  to  detain. 
Those  persons  shall  be  arrested  at  the  sole  request  of  the  Consuls, 
addressed  in  writing  to  the  local  authorities  and  supported  by  an 
official  extract  from  the  register  of  the  ship  or  the  list  of  the  crew, 
and  shall  be  held  during  the  whole  time  of  their  stay  in  the  port  at 
the  disposal  of  the  Consuls.  Their  release  shall  be  granted  only  at 
the  request  of  the  Consuls,  made  in  -writing. 

The  expenses  of  the  arrest  and  detention  of  those  persons  shall  be 
paid  by  the  Consuls. 

Article  XIV. 

Consuls-General,  Consuls,  Vice-Consuls  or  Consular  Agents  may 
arrest  the  officers,  sailors  and  all  other  persons  making  part  of  the 
crews  of  ships  of  war  or  merchant-vessels  of  their  nation,  who  may 
be  guilty  or  be  accused  of  having  deserted  said  ships  and  vessels, 
for  the  purpose  of  sending  them  on  board  or  back  to  their  country. 

To  that  end,  the  Consuls  of  Germany  in  the  United  States  shall 
apply  to  either  the  Federal,  State  or  municipal  courts  or  authori- 
ties, and  the  Consuls  of  the  United  States  in  Germany  shall  apply 
to  any  of  the  competent  authorities,  and  make  a request  in  writing 


GERMAN  EMPIRE 1871. 


555 


for  the  deserters,  supporting  it  by  an  official  extract  of  the  register 
of  the  vessel  and  the  list  of  the  crew,  or  by  other  official  documents, 
to  show  that  the  men  whom  they  claim  belong  to  said  crew.  Upon 
such  request  alone  thus  supported,  and  without  the  exaction  of  any 
oath  from  the  Consuls,  the  deserters  (not  being  citizens  of  the  coun- 
try where  the  demand  is  made  either  at  the  time  of  their  shipping 
or  of  their  arrival  in  the  port)  shall  be  given  up  to  the  Consuls.  All 
aid  and  protection  shall  be  furnished  them  for  the  pursuit,  seizure 
and  arrest  of  the  deserters,  who  shall  be  taken  to  the  prisons  of  the 
country  and  there  detained  at  the  request  and  at  the  expense  of  the 
Consuls,  until  the  said  Consuls  may  find  an  opportunity  of  sending 
them  away. 

If,  however,  such  opportunity  should  not  present  itself  within  the 
space  of  three  months,  counting  from  the  day  of  the  arrest,  the  de- 
serters shall  be  set  at  liberty,  and  shall  not  again  be  arrested  for  the 
same  cause. 

Article  XV. 

In  the  absence  of  an  agreement  to  the  contrary  between  the  owners, 
freighters  and  insurers,  all  damages  sufi'ered  at  sea  by  the  vessels  of 
the  two  countries,  whether  they  enter  port  voluntarily  or  are  forced 
by  stress  of  weather,  shall  be  settled  by  the  Consuls-General,  Con- 
suls, Vice-Consuls  and  Consular  Agents  of  the  respective  countries. 
If,  however,  any  inhabitant  of  the  country,  or  citizen  or  subject  of  a 
third  Power,  shall  be  interested  in  the  matter,  and  the  parties  cannot 
agree,  the  competent  local  authorities  shall  decide. 

Article  XVI. 

In  the  event  of  a vessel  belonging  to  the  Government  or  owned  by 
a citizen  of  one  of  the  two  contracting  parties  being  wrecked,  or  cast 
on  shore,  on  the  coast  of  the  other,  the  local  authorities  shall  inform 
the  Consul-General,  Consul,  Vice-Consul  or  Consular  Agent  of  the 
district  of  the  occurrence,  or  if  there  be  no  such  consular  agency,  they 
shall  inform  the  Consul-General,  Consul,  Vice-Consul  or  Consular 
Agent  of  the  nearest  district. 

AU  proceedings  relative  to  the  salvage  of  American  vessels  wrecked 
or  cast  on  shore  in  the  territorial  waters  of  the  German  Empire 
shall  take  place  in  accordance  with  the  laws  of  Germany;  and,  re- 
ciprocally, all  measures  of  salvage  relative  to  German  vessels  wrecked 
or  cast  on  shore  in  the  territorial  waters  of  the  United  States  shall 
take  place  in  accordance  with  the  laws  of  the  United  States. 

The  consular  authorities  have  in  both  countries  to  intervene  only 
to  superintend  the  proceedings  having  reference  to  the  repair  and 
revictualling,  or,  if  necessary,  to  the  sale  of  the  vessel  wrecked  or  cast 
on  shore. 

For  the  intervention  of  the  local  authorities,  no  charges  shall  be 
made,  except  such  as  in  similar  cases  are  paid  by  vessels  of  the  nation. 

In  case  of  a doubt  concerning  the  nationality  of  a shipwrecked  ves- 
sel, the  local  authorities  shall  have  exclusively  the  direction  of  the 
proceedings  provided  for  in  this  article. 

All  merchandise  and  goods  not  destined  for  consumption  in  the 
country  where  the  wreck  takes  place  shall  be  free  of  all  duties. 


556 


TREATIES,  CONVENTIONS,  ETC. 

Article  XVII. 


With  regard  to  the  marks  or  labels  of  goods,  or  of  their  packages, 
and  also  with  regard  to  patterns  and  marks  of  manufacture  and 
trade,  the  citizens  of  Germany  shall  enjoy  in  the  United  States  of 
America,  and  American  citizens  shall  enjoy  in  Germany,  the  same 
protection  as  native  citizens. 

Article  XVIII. 

The  present  convention  shall  remain  in  force  for  the  space  of  ten 
years,  counting  from  the  day  of  the  exchange  of  the  ratifications, 
which  shall  be  exchanged  at  Berlin  within  the  period  of  six  months. 

In  case  neither  party  gives  notice,  twelve  months  before  the  expira- 
tion of  the  said  period  of  ten  years,  of  its  intention  not  to  renew 
this  convention,  it  shall  remain  in  force  one  year  longer,  and  so  on, 
from  year  to  year,  until  the  expiration  of  a year  from  the  day  on 
which  one  of  the  parties  shall  have  given  such  notice. 

In  faith  whereof  the  Plenipotentiaries  have  signed  and  sealed  this 
convention. 

Berlin,  the  eleventh  of  December,  1871. 

[seal.]  Geo.  Bancroft. 

[seal.]  B.  Koenig. 


PROTOCOL.® 

The  undersigned  met  this  day,  in  order  to  effect  the  exchange  of 
the  ratifications  of  the  Consular  Convention,  signed  on  the  eleventh 
day  of  December,  1871,  between  the  United  States  of  America  and 
Germany. 

Before  proceeding  to  this  act,  the  undersigned.  Envoy  Extraor- 
dinary and  Minister  Plenipotentiary  of  the  United  States  of  America, 
declared : 

1.  That,  in  accordance  with  the  instruction  given  him  by  his  Gov- 
ernment, with  the  advice  and  consent  of  the  Senate,  the  expression 
“ property,”  used  in  the  English  text  of  Articles  III  and  IX,  is  to 
be  construed  as  meaning  and  intending  “ real  estate.” 

2.  That,  according  to  the  laws  and  the  Constitution  of  the  United 
States,  Article  X apiilies,  not  only  to  persons  of  the  male  sex,  but 
also  to  persons  of  the  female  sex. 

After  the  undersigned.  President  of  the  office  of  the  Chancellor  of 
the  Empire,  had  expressed  his  concurrence  with  this  declaration,  the 
acts  of  ratification,  found  to  be  in  good  and  due  form,  were  ex- 
changed, and  the  present  Protocol  was  in  duplicate  executed. 

Berlin,  the  twenty-ninth  April,  1872. 

Geo.  Bancroft. 

Delbrueck. 


“ By  resolution  of  April  24,  1872,  the  Senate  advised  consent  to  the  execution 
of  this  Protocol. 


GERMAN  EMPIRE — 1889-1892-1899. 


557 


1889. 

General  Act  Concerning  Samoan  Islands,  1889. 
Concluded  June  1889. 

Note. — For  text  of  this  general  act  bet^yeen  United  States,  Ger- 
many, and  Great  Britain,  see  “ Samoan  Islands,”  page  1576. 


1899. 

Adjustment  of  Questions  Concerning  Samoan  Islands. 
Concluded  December  1899. 

Note. — For  text  of  this  treaty  see  “ Samoan  Islands,”  page  1595. 


1899. 

Settlement  of  Samoan  Claims. 

Concluded  November  7,  1899. 

Note. — For  text  of  this  treaty  between  United  States,  German}’, 
and  Great  Britain,  see  “ Samoan  Islands,”  page  1589. 


1892. 

Copyright  Agreement. 

Concluded  January  15.,  1892. 

Articles. 

I.  Copyrights  in  Germany.  I III.  Ratification ; duration. 

II.  Copyrights  in  the  United  States.  I 

The  President  of  the  United  States  of  America,  and  His  Majesty 
the  German  Emperor,  King  of  Prussia,  in  the  name  of  the  German 
Empire,  being  actuated  by  the  desire  to  extend  to  their  subjects  and 
citizens  the  full  benefit  of  the  legal  provisions  in  force  in  both  coun- 
tries in  regard  to  copyright,  have,  to  this  end,  decided  to  conclude  an 
agreement,  and  have  appointed  as  their  plenipotentiaries : 

The  President  of  the  United  States  of  America,  James  G.  Blaine, 
Secretary  of  State  of  the  United  States ; 

His  Majesty  the  German  Emperor,  King  of  Prussia,  Alfons  Mumm 
von  Schwarzenstein,  his  charge  d’affaires  near  the  Government  of 
the  United  States  of  America,  who,  being  duly  authorized,  have  con- 
cluded the  following  agreement,  subject  to  due  ratification: 


558 


TREATIES,  CONVENTIONS,  ETC. 


Article  I. 

Citizens  of  the  United  States  of  America  shall  enjoy,  in  the  Ger- 
man Empire,  the  protection  of  copyright  as  regards  works  of  litera- 
ture and  art,  as  well  as  photographs,  against  illegal  reproduction,  on 
the  same  basis  on  which  such  protection  is  granted  to  subjects  of  the 
Empire. 

Article  II. 

The  United  States  Government  engages,  in  return,  that  the  Presi- 
dent of  the  United  States  shall,  in  pursuance  of  section  13  of  the  act 
of  Congress  of  March  3,  1891,  issue  the  proclamation  therein  pro- 
vided for  in  regard  to  the  extension  of  the  provisions  of  that  act  to 
German  subjects,  as  soon  as  the  Secretary  of  State  shall  have  been 
officially  notified  that  the  present  agreement  has  received  the  neces- 
sary legislative  sanction  in  the  German  Empire. 

Article  III. 

This  agreement  shall  be  ratified,  and  the  ratifications  shall  be  ex- 
changed at  Washington  as  soon  as  possible. 

The  agreement  shall  go  into  operation  at  the  expiration  of  three 
Aveeks  from  the  date  of  the  exchange  of  its  ratifications,  and  shall  be 
applicable  only  to  ivorks  not  published  at  the  time  when  it  shall  have 
gone  into  operation.  It  shall  remain  in  force  until  the  expiration  of 
three  months  from  the  day  on  which  notice  of  a desire  for  the  cessa- 
tion of  its  effects  shall  have  been  given  by  one  of  the  contracting 
parties. 

Done  in  duplicate,  in  the  English  and  German  languages,  at  the 
city  of  Washington,  this  15th  day  of  January,  1892. 

James  G.  Blaine,  [seal.] 

A.  V.  Mumm.  [seal.] 


1900.« 

Reciprocal  Commercial  Arrangement  With  Germany. 

Concluded  July  10, 1900;  proclaimed  July  13,  1900. 

Articles. 

I.  Concessions  by  United  States.  I III.  Effect ; duration. 

II.  Concessions  by  Germany.  1 

The  Undersigned,  on  behalf  of  their  respective  Governments  have 
concluded  the  following  Commercial  Agreement. 

I.  In  conformity  with  the  authority  conferred  on  the  President  in 
Section  3 of  the  Customs  Act  of  the  United  States  approved  July  24, 
1897,  it  is  agreed  on  the  part  of  the  United  States  that  the  following 
products  of  the  soil  and  industry  of  Germany  imported  into  the 
United  States  shall,  from  and  after  the  date  when  this  Agreement 
shall  be  put  in  force,  be  subject  to  the  reduced  Tariff  rates  provided 
by  said  Section  3,  as  follows : — 

Upon  argols,  or  crude  tartar,  or  wine  lees,  crude,  five  per  centum 
ad  valorem. 

Denounced  by  Germany  to  take  effect  February  28,  1906. 


GERMAN  EMPIRE 1900-1901. 


559 


Upon  brandies,  or  other  spirits  manufactured  or  distilled  from 
grain  or  other  materials,  one  dollar  and  seventy-five  cents  per  proof 
gallon. 

Upon  still  wines, and  vermuth, in  casks, thirty-five  cents  per  gallon; 
in  bottles  or  jugs,  per  case  of  one  dozen  bottles  or  jugs  containing  each 
not  more  than  one  quart  and  more  than  one  pint,  or  twenty  four 
bottles  or  jugs  containing  each  not  more  than  one  pint,  one  dollar  and 
twenty-five  cents  per  case,  and  any  excess  beyond  these  quantities 
found  in  such  bottles  or  jugs  shall  be  subject  to  a duty  of  four  cents 
per  pint  or  fractional  part  thereof,  but  no  separate  or  additional  duty 
shall  be  assessed  upon  the  bottles  or  jugs. 

Upon  paintings  in  oil  or  water  colors,  pastels,  pen  and  ink  draw- 
ings, and  statuary,  fifteen  per  centum  ad  valorem. 

II.  Eeciiirocally  the  Imperial  German  Government  guarantees  to 
the  products  of  the  United  States  on  their  entry  into  Germany  the 
Tariff  rates  which  have  been  conceded  by  the  Commercial  Treaties 
concluded  during  the  years  1891-1891  between  Germany  on  the  one 
part,  and  Belgium,  Italy,  Austria-Hungary,  Roumania,  Russia,  Swit- 
zerland and  Serbia  on  the  other  part. 

Moreover,  the  Imperial  German  Government  will  as  soon  as  this 
Agreement  shall  be  imt  in  force,  annul  the  regulations  providing  that 
the  dried  or  evaporated  fruits  imported  from  the  United  States  into 
Germany  be  inspected  on  account  of  the  San  Jose  scale.  These  fruits 
shall  during  the  continuance  in  force  of  this  Agreement  be  admitted 
into  Germany  without  other  charges  than  the  payment  of  the  Cus- 
toms duties  to  which  they  may  now  or  in  future  be  subject  by  law. 

III.  From  and  after  the  date  of  the  President’s  Proclamation 
which  shall  give  effect  to  this  Agreement,  the  same  shall  be  in  force 
and  shall  continue  in  full  force  until  three  months  from  the  date  when 
either  Party  shall  notify  the  other  of  its  intention  to  terminate  the 
same. 

Done  in  duplicate  in  English  and  German  texts  at  Washington  this 
tenth  day  of  July  one  thousand  nine  hundred. 

John  Hay  [seal.] 

Secretary  of  State  of  the  United  States  of  America. 

Holleben  [seal.] 
Ambassador  Extraordinary  and  Plenipotentiary 

of  His  Imperial  and  Royal  Majesty 
the  German  Emperor.,  King  of  Prussia. 


1901. 

Agreement  by  Exchange  of  Notes  with  Germany  for  the  Recip- 
rocal Protection  of  Trade-Marks  in  Morocco. 

Concluded  September  28-October  8,  1901. 

[Translation.] 

No.  4.  Tangier,  September  28th.,  1901. 

Mr.  Consul-General: 

I have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the 
26th  inst.,  in  which  you  inform  me  that  you  have  been  empowered 


560 


•TKEATIES,  CONVENTIONS,  ETC. 


by  your  Government  to  enter  into  a reciprocal  agreement  on  the  basis 
of  that  existing  between  the  United  States  and  Great  Britain,  by 
which  Trade-Marks  registered  in  Germany  and  the  United  States  will 
be  protected  against  infringements  by  German  and  United  States 
citizens  in  Morocco,  by  mutual  protection  of  both  Governments. 

As  I have  already  had  the  honor  to  point  out  in  my  letter  of  July 
10th  of  this  year  addressed  to  the  Consulate-General,  the  legal  con- 
dition so  far  as  Germany  is  concerned  is  already  of  such  a nature, 
that  American  merchants  are  able  to  claim,  without  difficulty,  the 
protection  of  German  Consular  Courts  for  Trade-Marks  registered  in 
Germany  in  their  dealings  with  German  subjects  in  Morocco.  ' It  will 
therefore  be  sufficient,  in  order  to  perfect  a reciprocal  agreement, 
that,  in  view  of  the  powers  granted  to  you  by  your  Government,  you 
should  declare  that  the  same  protection  should  in  future  be  extended 
in  Morocco  to  Trade-Marks  of  German  merchants,  previously  regis- 
tered in  the  United  States,  by  the  U.  S.  Consular  Courts  in  Morocco, 
against  encroachments  of  American  citizens. 

If  you  could  make  such  a declaration  in  the  name  of  your  Govern- 
ment, I should  receive  the  same  with  Great  pleasure,  and  I beg  of 
you  to  receive  the  expression  of  my  high  consideration 

(Signed)  von  Bruning. 

Mr.  S.  E.  Gummere, 

Consul-General  of  the  Cnited  States  Tangier. 


[Translation.] 

Tangier,  October  8th,  1901. 

Dear  Sir  : I have  the  honor  to  acknowledge  the  receipt  of  your  let- 
ter of  the  28th  of  September,  1901,  by  Avhich  you  inform  me  that  the 
German  latv  extends  protection  in  Morocco  to  the  foreign  trade-marks 
duly  registered  in  Germany. 

Thanking  jmu  for  this  communication  I hereby  beg  to  assure  you 
that  the  protection  will  be  equally  granted  by  the  American  consular 
authorities  in  Morocco  to  the  German  Trade-Marks  which  hai^e  been 
duly  registered  in  the  United  States  in  conformity  with  the  Days. 

Accept,  Sir,  the  assurance  of  my  high  consideration. 

(Signed)  S.  K.  Gummere. 

Monsieur  von  Bruning, 

Charge  d' Affaires  of  Germany. 


1905. 

Protection  or  Trade-ISIarks  in  China. 

Agreement  effected  hy  exchange  of  notes  December  6,  1905. 

December  6,  1905. 

Mr.  Minister  and  dear  Colleague  : The  Government  of  the 
United  States  being  desirous  of  reaching  an  understanding  Avith  the 
Government  of  Germany  for  the  reciprocal  protection  against  in- 
fringement in  China  by  citizens  and  subjects  of  our  respective  na- 


GERMAN  EMPIRE 1905. 


561 


tions  of  trade  marks  duly  registered  in  the  United  States  and  Ger- 
many, I am  authorized  by  the  Secretary  of  State  of  the  United  States 
to  inform  you  that  effectual  provision  exists  in  American  Consular 
Courts  in  China  for  the  trial  and  punishment  of  all  persons  subject 
to  the  jurisdiction  of  the  United  States  who  may  be  charged  with 
and  found  guilty  of  infringing  in  any  way  trade  marks  of  persons 
subject  to  the  jurisdiction  of  Germany  which  have  been  duly  regis- 
tered in  the  United  States. 

I beg  that  you  will  kindly  inform  me  whether  American  citizens 
are  entitled  to  the  same  legal  remedies  in  the  Consular  Courts  of 
Germany  in  China  as  regards  the  protection  from  infringement  of 
their  trade  marks  duly  registered  in  Germany. 

I have  the  honor  to  be,  Mr.  Minister  and  dear  Colleague,  Your 
obedient  servant, 

W.  W.  UoCKHILL. 

His  Excellency,  Baron  von  Mumm, 

etc.,  etc.,  etc. 


[Translation.  ] 

Imperiae  German  Legation, 

Peking,  December  6,  1905. 

Mr.  Minister:  I have  the  honor  to  acknowledge  the  receipt  of 
your  letter  of  this  date  informing  me  that  you  have  been  authorized 
by  your  Government  to  effect  with  me,  by  an  exchange  of  notes,  an 
' agreement  for  the  reciprocal  protection  against  infringement  in 

; China  by  citizens  and  subjects  of  our  respective  nations  of  trade 

marks  duly  registered  in  Germany  and  the  United  States. 

1 You  furthermore  inform  me  that  effectual  provision  exists  in 
American  Consular  Courts  in  China  for  the  trial  and  punishment  of 
] all  persons  subject  to  the  jurisdiction  of  the  United  States  who  may 

I be  charged  with  and  found  guilty  of  infringing  in  any  way  trade 

f marks  of  persons  subject  to  the  jurisdiction  of  Germany  which  have 

been  duly  registered  in  the  United  States. 

I have  the  honor  to  inform  you  in*  reply  that  I have  been  author- 
J ized  by  the  Chancellor  of  the  German  Empire  to  enter  into  this 

i'  reciprocal  agreement,  and  to  state  that  German  Consular  Courts  in 

I China  are  empowered  under  the  German  law  for  the  protection  of 

[ trade  marks  of  May  12th,  1894,  to  prosecute  and  punish  all  persons 

[ subject  to  their  jurisdiction  for  infringement , of  trade  marks  the 

I property  of  persons  coming  under  the  jurisdiction  of  the  United 

States  when  cluly  registered  in  Germany. 

I Furthermore,  for  the  iiurpose  of  putting  this  arrangement  into 
■ j effect,  I am  authorized  and  ready  to  instruct  the  German  Consular 

II  representatives  in  China  in  accordance  therewith,  subject  to  your 
taking  similar  action. 

I I avail  myself  of  this  opportunity  to  renew  the  assurances  of  my 
highest  consideration. 

; A.  V.  Mumm, 

1 Hon.  W.  W.  Rockhiee, 
j etc.,  etc.,  etc. 

24449— VOL  1—10 36 

I 


562 


TREATIES,  CONVENTIONS,  ETC. 


Peking,  J anuary  22, 1906. 

Mr.  Minister  and  dear  Colleague:  In  connection  with  the  notes 
which  I had  the  honor  to  exchange  with  Your  Excellency  on  De- 
cember 6,  1905,  looking  to  the  reciprocal  protection  from  infringe- 
ment by  our  respective  nationals  in  China  of  trade  marks  belonging 
to  them  I duly  transmitted  cojiies  of  the  same  to  my  Government. 

In  reply  the  Secretary  of  State  has  called  to  my  attention,  as 
possibly  misleading,  the  use  made  in  my  note  to  you  of  the  word 
“ jiunishment  ” by  our  Consular  Courts  in  China  of  American  citi- 
zens who  may  have  infringed  in  China  trade  marks  the  projierty 
of  persons  under  the  jurisdiction  of  Germany. 

In  view  of  the  fact  that  there  is  no  statute  in  the  United  States 
making  the  infringement,  counterfeiting,  etc.  of  a trade  mark  a 
criminal  offense,  and  that  effectual  provision  exists  by  a civil  action 
for  damages  by  the  owner  of  a trade  mark,  my  Government  is  of  the 
opinion  that  the  word  “ punishment  ” should  be  understood  to  refer 
to  a civil  action  only,  and  not  to  a criminal  procedure,  as  might  be 
inferred  from  the  use  of  the  word  in  question  without  the  present 
explanation  added  thereto. 

I beg  leave  to  call  Your  Excellency’s  attention  to  the  above  pro- 
vision of  our  law,  so  that  nothing  in  my  note  of  December  6th,  last, 
may  be  construed  as  conflicting  therewith. 

I avail  myself  of  this  opportunity  to  renew  to  Your  Excellency 
the  assurances  of  my  highest  consideration. 

lY.  W.  Rockhill. 

To  His  Excellency  Baron  von  Mumim, 

etc.,  etc.,  etc. 


1906.“ 


Commercial  Proclamation,  1906. 

Reciprocity  with  Germany. 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 

A PROCLAMATION. 

IVhereas  the  Government  of  Germany  has  taken  action,  extending, 
on  and  after  March  1,  1906,  and  until  June  30,  1907,  or  until  further 
notice,  the  benefit  of  the  German  conventional  customs  tariff  to  the 
products  of  the  soil  or  industry  of  the  United  States,  by  which  action 
in  the  judgment  of  the  President  reciprocal  concessions  are  estab- 
lished in  favor  of  the  said  products  of  the  United  States : 

Now,  Therefore,  be  it  known  that  I,  Theodore  RooSE^^3LT,  Presi- 
dent of  the  United  States  of  America,  acting  under  the  authority 
conferred  by  the  third  section  of  the  Tariff  Act  of  the  United  States, 
approved  July  24,  1897,  do  hereby  suspend,  during  the  continuance  in 


“ Superseded  bj-  agreement  of  April  27,  1907. 


GERMAN  EMPIRE 1906-1907. 


563 


force  of  the  said  concessions  by  the  Government  of  Germany,  the  im- 
position and  collection  of  the  duties  imposed  by  the  first  section  of 
said  Act  upon  the  Articles  hereinafter  specified,  being  the  products 
of  the  soil  or  industry  of  Germany;  and  do  declare  in  place  thereof 
the  following  rates  of  duty  provided  in  the  third  section  of  said  Act 
to  be  in  force  and  effect  on  and  after  March  1,  1906,  of  which  the 
officers  and  citizens  of  the  United  States  will  take  due  notice,  namely: 

Upon  argols,  or  crude  tartar,  or  wine  lees,  crude,  five  per  centum  ad 
valorem. 

Upon  brandies,  or  other  spirits  manufactured  or  distilled  from 
grain  or  other  materials,  one  dollar  and  seventy-five  cents  per  pi’oof 
gallon. 

Upon  still  wines,  and  vermuth,  in  casks,  thirty-five  cents  per  gal- 
lon; in  bottles  or  jugs,  per  case  of  one  dozen  bottles  or  jugs  contain- 
ing each  not  more  than  one  quart  and  more  than  one  pint,  or  twenty- 
four  bottles  or  jugs  containing  each  not  more  than  one  pint,  one  dollar 
and  twenty-five  cents  per  case,  and  any  excess  beyond  these  quantities 
found  in  such  bottles  or  jugs  shall  be  subject  to  a duty  of  four  cents 
per  pint  or  fractional  part  thereof,  but  no  separate  or  additional  duty 
shall  be  assessed  upon  the  bottles  or  jugs. 

Upon  paintings  in  oil  or  water  colors,  pastels,  pen  and  ink  draw- 
ings, and  statuary,  fifteen  per  centum  ad  valorem. 

In  Testimony  Whereof,  I have  hereunto  set  my  hand  and  caused 
the  seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington  this  twenty-seventh  day  of  Feb- 
ruary, in  the  year  of  our  Lord  one  thousand  nine  hundred 

[seal.]  and  six,  and  of  the  Independence  of  the  United  States  of 
. America  the  one  hundred  and  thirtieth. 

Theodore  Eoosevelt. 

By  the  President: 

Elihu  Root, 

Secretary  of  State. 


1907.“ 

Commercial  Agreement 
Signed  April  ^7,  1907 -May  1907. 

Articles. 

I.  Concessions  by  T’nitecl  States.  V.  Application  to  territories. 

II.  Customs  and  consular  regulations.  VI.  Ratification. 

III.  Concessions  by  Germany. 

IV.  Importations  through  third  coun- 

try. 

The  President  of  the  United  States  of  America,  on  the  one  hand, 
and  His  Majesty  the  German  Emperor,  King  of  Prussia,  in  the  name 

“ Terminated  on  notice  given  by  United  States  under  the  direction  of  the 
Tariff  Act  of  1909,  to  take  effect  Peb.  6,  1910, 


564 


TREATIES,  CONVENTIONS,  ETC. 


of  the  German  Empire,  on  the  other,  animated  by  a desire  to  adjust 
the  commercial  relations  between  the  two  countries  until  a compre- 
hensive commercial  treaty  can  be  agreed  upon,  have  decided  to  con- 
clude a temporary  Commercial  Agreement,  and  have  appointed  as 
their  Plenipotentiaries  for  that  purpose,  to  wit : 

The  President  of  the  United  States  of  America,  the  Honorable 
Elihu  Eoot,  Secretary  of  State  of  the  United  States;  and 

His  Majesty  the  German  Emperor,  King  of  Prussia,  His  Excel- 
lency Baron  Speck  von  Sternburg,  His  Ambassador  Extraordinary 
and  Plenipotentiary  to  the  United  States  of  America, 

Who,  after  an  exchange  of  their  respective  full  powers,  found  to 
be  in  due  and  proper  form,  have  agreed  upon  the  following  Articles : 

Article  I. 

In  conformity  with  the  authority  conferred  on  the  President  of 
the  United  States  in  Section  3 of  the  Tariff  Act  of  the  United  States 
approved  July  24,  1897,  it  is  agreed  on  the  part  of  the  United  States 
that  the  following  products  of  the  soil  and  industry  of  Germany 
imported  into  the  United  States  shall,  from  and  after  the  date  when 
this  Agreement  shall  be  put  in  force,  be  subject  to  the  reduced  Tariff 
rates  provided  by  said  Section  3,  as  follows ; 

Argols,  or  crude  tartar,  or  wine  lees,  crude,  five  per  centum  ad 
valorem. 

Brandies,  or  other  spirits  manufactured  or  distilled  from  grain  or 
other  materials,  one  dollar  and  seventy-five  cents  per  proof  gallon. 

Champagne  and  all  other  sparkling  wines,  in  bottles  containing 
not  more  than  one  quart  and  more  than  one  pint,  six  dollars  per 
dozen ; containing  not  more  than  one  pint  each  and  more  than  one- 
half  pint,  three  dollars  per  dozen ; containing  one-half  pint  each  or 
less,  one  dollar  and  fifty  cents  per  dozen ; in  bottles  or  other  vessels 
containing  more  than  one  quart  each,  in  addition  to  six  dollars  per 
dozen  bottles  on  the  quantities  in  excess  of  one  quart,  at  the  rate  of 
one  dollar  and  ninety  cents  per  gallon. 

Still  wines,  and  vermutli,  in  casks,  thirty-five  cents  jier  gallon;  in 
bottles  or  jugs,  per  case  of  one  dozen  bottles  or  jugs  containing  each 
not  more  than  one  quart  and  more  than  one  pint,  or  twenty-four 
bottles  or  jugs  containing  each  not  more  than  one  pint,  one  dollar 
and  twenty-five  cents  per  case,  and  any  excess  beyond  these  quantities 
found  in  such  bottles  or  jugs  shall  be  subject  to  a duty  of  four  cents 
per  pint  or  fractional  part  thereof,  but  no  separate  or  additional 
duty  shall  be  assessed  upon  the  bottles  or  jugs. 

Paintings  in  oil  or  Avater  colors,  pastels,  pen  and  ink  drawings, 
and  statuary,  fifteen  per  centum  ad  valorem. 

Article  II. 

It  is  further  agreed  on  the  part  of  the  United  States  that  the 
modifications  of  the  Customs  and  Consular  Kegulations  set  forth  in 
the  annexed  diplomatic-  note,  and  made  a part  of  the  consideration 
of  this  Agreement,  shall  go  into  effect  as  soon  as  possible  and  not 
later  than  from  the  date  when  this  Agreement  shall  be  put  in  force. 


GERMAN  EMPIRE 1907. 


565 


Article  III. 

Reciprocally,  the  Imperial  German  Government  concedes  to  the 
products  of  the  soil  and  industry  of  the  United  States  enumerated 
in  the  attached  list  upon  their  importation  into  Germany  the  rates 
of  duty  indicated  therein. 


Article  IV. 

The  provisions  of  Articles  I and  III  shall  apply  not  only  to 
products  imported  directly  from  the  country  of  one  of  the  contract- 
ing parties  into  that  of  the  other,  but  also  to  products  which  are 
imported  into  the  respective  countries  through  a third  country,  so 
long  as  such  products  have  not  been  subject  to  any  further  processes 
of  manufacture  in  that  country. 

Article  V. 

The  present  Agreement  shall  apply  also  to  countries  or  territories 
which  are  now  or  may  in  the  future  constitute  a part  of  the  Customs 
territory  of  either  contracting  party. 

Article  VI. 

The  present  Agreement  shall  be  ratified  by  His  Majesty  the 
German  Emperor,  King  of  Prussia,  as  soon  as  possible,  and  upon 
official  notice  thereof  the  President  of  the  United  States  shall  issue 
his  proclamation  giving  full  effect  to  the  respective  provisions  of 
this  Agreement. 

This  Agreement  shall  take  effect  on  July  1,  1907,  and  remain  in 
force  until  June  30,  1908.  In  case  neither  of  the  contracting  parties 
shall  have  given  notice  six  months  before  the  expiration  of  the  above 
term  of  its  intention  to  terminate  the  said  Agreement,  it  shall  remain 
in  force  until  six  months  from  the  date  when  either  of  the  contract- 
ing parties  shall  notify  the  other  of  its  intention  to  terminate  the 
same. 

Done  in  duplicate  in  English  and  German  texts. 

In  testimony  whereof,  the  Plenipotentiaries  above  mentioned  have 
subscribed  their  names  hereto  at  the  places  and  on  the  dates  expressed 
under  their  several  signatures. 

Elihu  Root  [seal.] 

Washington,  Afril  22, 1907. 

Sternburg.  [seal.] 

Levico,  May  2, 1907. 


Excellency  : 


Department  of  State, 

W ashington,  April  22,  1907. 


Referring  to  the  Commercial  Agreement  signed  this  day  between 
the  Imperial  German  Government  and  the  Government  of  the  United 
States,  I have  the  honor  to  inform  you  that  instructions  to  the  cus- 
toms and  consular  officers  of  the  United  States  and  others  concerned 


566 


TREATIES,  CONVENTIONS,  ETC. 


will  be  issued  to  cover  the  following  points  and  shall  remain  in  force 
for  the  term  of  the  aforesaid  Agreement : 

A. 

Market  value  as  dehned  by  section  19  of  the  Customs  Adminis- 
trative Act  shall  be  construed  to  mean  the  export  price  whenever 
goods,  wares,  and  merchandise  are  sold  wholly  for  export,  or  sold  in 
the  home  market  only  in  limited  quantities,  by  reason  of  which  facts 
there  can  not  be  established  a market  value  based  upon  the  sale  of 
such  goods,  wares,  and  merchandise  in  usual  wholesale  quantities, 
packed  ready  for  shipment  to  the  United  States. 

B. 

Statements  provided  for  in  section  8 of  the  Customs  Administra- 
tive Act  are  not  to  be  required  by  consular  officers  except  upon  the 
request  of  the  appraiser  of  the  port,  after  entry  of  the  goods.  The 
Consular  Regulations  of  1896,  paragraph  674,  shall  be  amended 
accordingly. 

C. 

In  reappraisement  cases,  the  hearing  shall  be  open  and  in  the 
presence  of  the  importer  or  his  attorney,  unless  the  Board  of  Ap- 
praisers shall  certify  to  the  Secretary  of  the  Treasury  that  the  public 
interest  will  suffer  thereby;  but  in  the  latter  case  the  importer  shall 
be  furnished  with  a summary  of  the  facts  developed  at  the  closed 
hearing  upon  which  the  reappraisement  is  based. 

D. 

The  practice  in  regard  to  •“  personal  appearance  before  consul,” 
“ original  bills,”  “ declaration  of  name  of  ship,”  shall  be  made  uni- 
form in  the  sense — 

1.  That  the  personal  appearance  before  the  consular  officer  shall 
be  demanded  only  in  exceptional  cases,  where  special  reasons  require 
a personal  explanation. 

2.  That  the  original  bills  are  only  to  be  requested  in  cases  where 
invoices  presented  to  the  consular  officer  for  authentication  include 
goods  of  various  kinds  that  have  been  purchased  from  different 
manufacturers  at  places  more  or  less  remote  from  the  consulate  and 
that  these  bills  shall  be  returned  after  inspection  by  the  consular 
officer. 

3.  That  the  declaration  of  the  name  of  the  ship  in  the  invoice 
shall  be  dispensed  with  whenever  the  exporter  at  the  time  the 
invoice  is  presented  for  authentication  is  unable  to  name  the  ship. 

Paragraph  678  of  such  regulations,  as  amended  March  1,  1906, 
shall  be  further  amended  by  striking  out  the  words : 

“ Whenever  the  invoice  is  presented  to  be  consulated  in  a coun- 
try other  than  the  one  from  which  the  merchandise  is  being  directly 
exported  to  the  United  States.” 

And  by  inserting  after  the  first  sentence  the  following  clause: 

“As  place,  in  which  the  merchandise  was  purchased,  is  to  be  con- 
sidered the  place  where  the  contract  was  made,  whenever  this  was 
done  at  the  place  where  the  exporter  has  his  office.” 

Paragraph  681  of  the  Consular  Regulations  of  1896  relative  to 
“ swearing  to  the  invoice  ” shall  be  revoked. 


GERMAN  EMPIRE 1907. 


567 


E. 

Special  agents,  confidential  agents,  and  others  sent  by  the  Treasury 
Department  to  investigate  questions  bearing  upon  customs  admin- 
istration shall  be  accredited  to  the  German  Government  through  the 
Department  of  State  at  Washington  and  the  Foreign  Office  at  Berlin, 
and  such  agents  shall  cooperate  with  the  several  chambers  of  com- 
merce located  in  the  territory  apportioned  to  such  agents.  It  is 
hereby  understood  that  the  general  principle  as  to  personce  gratm 
shall  apply  to  these  officials. 


F. 

The  certificates  as  to  value  issued  by  German  chambers  of  com- 
merce shall  be  accepted  by  appraisers  as  competent  evidence  and  be 
considered  by  them  in  connection  with  such  other  evidence  as  may 
be  adduced. 

Accept,  Excellency,  the  renewed  assurance  of  in}"  highest  con- 
sideration. 

Elihu  Boot 

His  Excellency 

Baron  Speck  von  Sternburc, 

Imperial  German  Ambassador. 


RATES  OF  IMPORT  DUTY  IN  GERMANY. 


The  German  general  tariff  mentioned  in  this  list  is  the  Customs 
Tariff  of  December  25,  1902,  as  formulated  by  the  German  Customs 
Law  of  the  same  day. 


Numbers 
of  the 
German 
general 
tariff. 


1 

2 

3 


4 

7 

10 

11 

12 
15 
18 
19 
ex  45 


ex  46 


ex  47 


Articles. 


Rate 

of 

duty. 


Rye per  100  kilos.. 

Wheat  and  spelt do 

Barley: 

Mai  tin  g barley do 

other  barley do 

Oats do 

Maize  (Indian  corn)  and  sorghum  [Dari] do 

Rice,  notcleaned  [un-policrl] do 

Beans  for  food do 

Pease,  lentils do 

Beans  for  fodder  (horse  beans,  etc.),  lupines,  vetches do 

Linseed,  hemp  seed 


Red-clover  seed,  white-clover  seed,  and  other  clover  seed 

Grass  seed  of  all  kinds 

Grapes: 

Fresh- 

Table  grapes,  sent  otherwise  than  by  post  in  packages  weighing  up  to  5 kilos. 

Inclusive per  100  kilos. . 

Other do 

Walnuts  and  hazelnuts,  unripe  (green)  or  ripe,  even  if  shelled,  ground,  or  otherwise 

broken  up  or  simply  prepared per  100  kilos. . 

(ex  47-49  Other  fruit): 

Fresh — 

Apples,  pears,  quinces — 

Sent  by  post  in  packages  weighing  not  more  than  5 kilos 

Imported  Otherwise- 

Unpacked  or  only  in  sacks  of  at  least  50  kilos  gross  weight — 

From  September  1 to  November  30 


From  December  1 to  August  31 per  100  kilos. . 

Otherwise  packed— 

In  single  covering do 

In  more  than  one  covering do 


MarTcs. 

5.00 

5.50 

4.00 
1.30 

5. 00 

3.00 

4.00 

2.00 

1.50 
1.50 

Free. 

Free. 

Free. 


4.00 

10. 00 

2.00 


Free. 


Free. 

2.00 

3.20 

5.00 


568 


TREATIES,  CONVENTIONS,  ETC. 


Numbers 
of  the 
German 
general 
tariff. 


ex  47 


48 


49 


ex  51 
ex  59 


74 


75 


76 


Articles. 


(ex  47-49  Other  fruit)— Continued. 

Fresh — Continued. 

Apricots 

Peaches — 

Sent  by  post  in  packages  weighing  not  more  than  5 kilos 

Imported  otherwise per  100  kilos. . 

Medlars 

Plums  ofall  kinds, cherries,  mahaleb  cherries  [W cichsdn]— 

Sent  by  post  In  packages  weighing  not  more  than  5 kilos 

Imported  otherwise — 

Prunus  domestica  \Hauszwetschgen\— 

From  September  1 to  November  30 

From  December  1 to  August  31 per  100  kilos. 

Other  plums do. .. 

Cherries  for  use  in  the  distillation  of  spirits,  by  permission  and  with 

control  over  their  use 

Other  cherries;  mahaleb  cherries  [IFficftsf  fra] per  100  kilos. 

H ips  and  sloes  and  other  s tone  or  kernel  fruit  not  mentioned  above 

Strawberries— 

Sen  t b y pos  t in  packages  weigh  ing  no  t more  than  5 kilos 

Imported  otherwise per  100  kilos. 

Raspberries,  currants,  gooseberries,  blackberries,  bilberries  (huckleberries), 

elderberries,  j uniper  berries,  and  other  edible  berries,  except  cranberries 

Aof£.— Apples,  pears,  and  quinces,  fresh,  are  treated  as  unpacked  if  they 
are  imported  loose  or  in  sacks  of  at  least  50  kilos  gross  weight  in  vehicles  pro- 
vided with  not  more  than  eight  compartments. 

Similarly,  apples,  pears,  and  quinces,  fresh,  are  treated  as  unpacked  it 
imported  loose  or  in  sacks  of  at  least  50  kilos  gross  weight  in  ships  provided 
with  compartments  on  condition  that  the  capacity  of  each  compartment  is 
not  less  than  6 cubic  meters. 

The  compartments  of  vehicles  or  ships  may  be  carpeted  or  covered  with 
straw  or  lined  with  paper  or  straw,  or  may  even  be  formed  of  layers  of  straw. 
Dried,  kiln-dried  (cut  up  and  peeled  or  not) — 

Apples  and  pears,  including  waste  capable  of  use .”. per  100  kilos. 

Apricots  and  peaches do. . . 

Piums  of  all  kinds — 

Loose  or  in  casks  or  sacks  weighing  at  least  50  kilos  gross  weight,  per  100 

kilos 

In  boxes  weighing  at  least  10  kilos  gross  weight per  100  kilos. 

Packed  otherwise do. . . 

Other  dried  or  kiln-dried  fruit do... 

Ground,  pulped,  powdered,  or  otherwise  broken;  also  salted,  cooked  without 

sugar,  or  otherwise  simply  prepared;  fermented per  100  kilos. 

Oranges,  fresh do. . . 

Juices  of  fruits  [06sf]  (except  of  grape),  not  fermented,  not  containing  ether  or  alcohoi, 
not  boiled  down,  or  boiled  down  without  the  addition  of  sugar,  sterilized  or  not,  per 

100  kilos 

(74-76)  Timber  for  building  and  industrial  purposes,  not  separately  mentioned  in  the 
general  tariff: 

Rough  or  merely  cut  across  with  the  ax  or  saw,  with  or  without  the  bark — 

Ty  . /per  100  kilos 

(,  ,,  /per  100  kilos 

\or  per  cubic  meter. 

Hewn  longitudinally  or  otherwise  prepared  or  cut  up  with  the  ax;  also  shavings 
produced  by  rending  and  shavings  intended  for  the  clarification  of  liquids  pro- 
duced otherwise  than  by  rending- 

TTorrI  /pBr  100  MlOS 

(or  per  cubic  meter. 

„ /per  100  kilos 

\or  per  cubic  meter. 

Sawn  longitudinally  or  otherwise  prepared,  not  planed — 

TTorH  Jper  100  kilos 

\or  per  cubic  meter, 

Of.  /per  100  kilos 

Notes  to  Nos.  7.5  and  70. 

Shingle  boards  grooved  by  the  saw  only  will  pay  duty  under  No.  76  as 
shingle  boards  merely  sawn. 

Square  timber  (baulks,  planks,  etc.)  hewn  longitudinally,  sawn  or  other- 
wise prepared,  not  planed,  having  only  peg  holes,  pegs,  slits,  grooves,  or 
bored  holes,  will  pay  conventional  duty  under  Nos.  75  and  76,  with  a surtax 
as  follows: 

If  the  duty  is  paid  by  weight,  0.20  mark  per  100  kilos. 

If  the  duty  is  paid  by  volume — 

Hardwood 1.60  marks  per  cubic  meter. 

Softwood 1.20  marks  per  cubic  meter. 


Rate 

of 

duty. 


Marks. 

Free. 

Free. 

2.00 

Free. 

Free. 


Free. 

2.00 

2.00 

Free. 

1.00 

Free. 

Free. 

10.00 

Free. 


4.00 

4.00 


4.00 


.12 

1.08 

.12 

.72 


.24 

1.92 

.24 

1.44 

.72 

5.76 

.72 

4.32 


8888  8S5 


GERMAN  EMPIRE- — 1907, 


569 


Numbers 
of  the 
German 
general 
tariff. 


Articles. 


81 


82 


83 


104 

105 

106 
107 


108 


ex  110 

ex  126 

127 

ex  162 
ex  180 

ex  185 
198 

ex  219 


(74-76)  Timber  for  building  and  industrial  purposes,  etc.,— Continued. 

Sawn  longitudinally  or  otherwise  prepared,  not  planed— Continued. 

Notes  to  Nos.  74-76. 

1.  Wood  for  building  or  industrial  purposes,  merely  steamed  (not  at  the 
same  time  colored),  as  also  the  same  wood  impregnated  or  otherwise  chem- 
ically treated  with  the  object  only  of  increasing  its  durability,  will  pay  duty 
under  Nos.  74-76  without  a surtax.  Colored  wood,  or  wood  chemically 
treated  for  the  purpose  of  being  colored,  is  subjected  to  a surtax  as  follows: 

If  the  duty  is  paid  by  volume,  per  cubic  meter 2.40  marks. 

If  the  duty  is  paid  by  weight,  per  100  kilos — 

Hard  wood 30  mark. 

Soft  wood 40  mark. 

2.  The  duty  on  wood  included  under  these  numbers  may  be  paid  either  1 y 
weight  or  by  measure,  at  the  importer’s  option. 

Wooden  blocks  for  paving: 

/per  100  kilos 

Hard  wood meter, . 

(per  100  kilos 

Soft  wood pg^  gyjjjg  meter. . 

Note. — Wooden  paving  blocks,  steamed,  impregnated,  or  otherwise  chem- 
ically treated,  pay  the  conventional  rates  of  No.  81,  without  surtax. 

Naves,  fellies,  spokes,  as  well  as  pieces  of  wood  recognizable  as  roughly  shaped  for 
these  objects: 

(rplfcS™*:: 


(per  100  kilos 

Of  soft  wood ior  per  cubic 


meter. . 

Wood  for  casks  (staves  and  headings),  also  pieces  of  wood  recognizable  as  roughly 
shaped  for  these  objects,  not  colored,  not  planed: 


Of  oak. 


(per  100  kilos. 
■\o 


lor  per  cubic  meter 

Ot other h.rd  wood {Sf'pl” Slteneir 



Note. — The  duty  on  wood  for  casks  is  not  affected  by  mere  treatment  with 
the  drawing  knife  or  by  smoothing  the  edges  with  the  plane. 

(ex  100-107)  Live  stock: 

Sheep per  100  kilos  live  weight 

Goats 


Hogs..  .7 per  100  kilos  live  weight 

Poultry- 

Geese 

Fowls  of  all  kinds  and  other  poultry per  100  kilos  net  weight 

Meat,  except  bacon,  and  edible  entrails  of  animals,  except  those  of  poultry: 

Fresh  or  chilled per  100  kilos 

Frozen do.. 

Note. — Hogs,  cut  up,  including  the  bacon  adhering  thereto,  are  dutiable  at 
the  conventional  rate  of  35  marks. 

Simply  prepared per  100  kilos. 

Prepared  for  the  table do. . . 

Notes. 

1.  Slaughtered  animals,  fit  for  consumption,  pay  the  same  duty  as  fresh  meat. 

2.  Fresh  and  simply  prepared  meat,  free  from  bone  (also  tongues,  but  not  edible 

entrails),  is  subject  to  a surtax  of  10  per  cent. 

Pickled  and  smoked  hams  (fore  and  hind  hams)  pay  the  conventional  rate  on 
meat  simply  prepared,  without  a surtax. 

Poultry: 

Killed,  not  prepared,  carved  up  or  not per  100  kilos. 

Larded  or  otherwise  simply  prepared do. . . 

Greases  and  grease-like  fats  (hog’s  lard,  goose  grease,  beef  marrow,  and  other  grease- 
like fats),  except  oleomargarine per  100  kilos. 

Hog’s  fat  and  goose  fat,  raw  (not  rendered  nor  pressed),  excep£  bacon  and  intestinal 

fat;  also  edible  greaves per  100  kilos. 

Flour,  burned  or  roasted  or  not,  of  grain,  except  oats do. . . 

Wine  and  fresh  must  of  grapes,  sterilized  or  not,  in  casks  or  tank  wagons,  of  an  alco- 
holic strength  of  not  more  than  14  per  cent  by  weight per  100  kilos. 

Fruit  wine  (also  fruit  must  in  process  of  fermentation)  in  casks per  100  kilos. 

Common  baker’s  produce  (without  the  addition  of  eggs,  lard,  spices,  sugar,  or  the 

•'1(e) per  100  kilos. 

Articles  of  food  or  consumption  of  all  sorts  (not  including  beverages)  in  hermetically 
sealed  receptacles,  unless  subject  as  such  to  higher  duties: 

Apricot  sauce,  without  addition  of  sugar  or  sirup,  in  tin  receptacles,  weighing  at 

least  5 kilos per  100  kilos. 

Preserved  tomatoes;  olives,  whether  preserved  or  not  in  vinegar,  oil,  or  brine, 

per  100  kilos 

Other  articles  of  food  or  consumption,  except  milk  and  cream,  in  hermetically 
sealed  receptacles,  so  far  as  they  are  not  subject  to  higher  rates  of  duty  as  such, 
per  100  kilos 


Rate 

of 

duty. 


0. 72 
5.  76 
.72 
4.32 


.72 
5.  76 
.72 
4.  32 


.20 

1.60 

.30 

2.40 

.30 

1.80 


8.00 

Free. 

9.00 

Free. 

4.00 

35.00 

35.00 


35.00 

75.00 


14. 00 

20. 00 

10.00 

5.00 
10.20 

20.00 

3.00 

10.20 


5.00 

30.00 


60. 00 


570 


TREATIES,  CONVENTIONS,  ETC. 


Numbers 
of  the 
German 
general 
tariff. 


225 


233 


ex  239 


249 


ex  250 

251 
ex  258 

259 

200 

ex  316 

373 

374 

375 

ex  385 


545 


ex  546 


556 


Articles. 


Pumice  stone,  emery,  Vienna  lime  (powdered  quicklime  for  polishing  or  cleaning), 
tripoli  and  similar  mineral  grinding,  polishing,  and  cleaning  substances,  raw, 
ground,  or  washed: 

In  boxes,  glasses,  jars,  or  other  packages  suitable  for  retail  sale,  per  100  kilos 

In  other  receptacles,  also  shaped  in  bricks 

Slate: 

Rough  blocks 

Rough  slabs,  rough  table  slabs. per  100  kilos. 

Roofing  slates do 

Note. — Slabs  of  slate  more  than  20  centimeters  thick  are  to  be  treated  as  blocks. 
Petroleum,  fluid  natural  mineral  tar,  brown  coal  tar  oil,  peat  oil,  shale  oil,  oil  from 
the  tar  of  bog-head  or  cannel  coal,  and  other  mineral  oils  not  otherwise  enumerated 
in  the  general  tariff,  crude  or  refined: 

Lubricating  oils;  residues  from  the  distillation  of  mineral  oils,  containing  paraffin 
or  of  a taiTy  or  pitchy  nature,  the  latter  provided  that  they  do  not  sink  in  water; 
rosin  oil per  100  kilos. 

Heavy  benzine  of  a specific  gravity  of  more  than  0.750  up  to  0.770,  inclusive,  at 
15°  C.,  for  driving  motors,  manufactured  in  inland  factories  or  imported  from 
foreign  countries,  under  control per  ICO  kilos. 

Gas  oil  of  a specific  gravity  of  over  0.830  up  to  0.880,  inclusive,  at  15°  C.,  for  driving 
motors,  or  for  the  carburation  of  water  gas,  manufactured  in  inland  factories  or 

imported  from  foreign  countries,  under  control per  100  kilos. 

Note. — Petroleum  and  other  refined  mineral  oils,  not  specially  mentioned, 
suitable  for  illuminating  purposes,  may,  at  the  option  of  the  importer,  be  as- 
sessed for  duty  according  to  weight  on  the  basis  of  100  kilos,  or  according  to 
volume,  upon  the  condition  that  125  liters,  at  a temperature  of  15°  C,,  are  con- 
sidered to  be  equivalent  to  100  kilos,  net  weight,  of  the  fluid. 

Mineral  wax  (ozocerite),  refined,  and  ceresin  (made  from  mineral  wax,  mixed  or  not 
with  paraffin),  in  blocks,  tablets,  or  balls;  wax  stumps  [Wachsstumpfc^  of  refined 

mineral  wax  and  of  ceresin per  100  kilos. 

Paraffin,  crude  (paraffin  scales,  paraffin  butter,  etc.)  or  refined,  except  soft  paraffin, 

per  100  kilos 

Soft  paraffin per  100  kilos 

Paraffin  ointment,  vaseline  and  vaseline  ointment  (not  scented),  per  100  kilos  gross 


weight. 


Axle  grease per  100  kilos 

Other  lubricants,  manufactured,  of  fats  or  oils,  liquid  or  solid,  molded  into  shapes  cr 

not per  100  kilos  gross  weight 

Calcium  carbide 

Casein,  casein  gum,  and  similar  preparations,  so  far  as  they  are  not  included  under 

No.  2064)f  the  general  tariff per  100  kilos. 

Glue  in  the  rough  (delimed  bones) do. . . 

Glue  of  all  sorts  (except  albuminous  glue),  solid  or  liquid;  gelatin,  even  colored,  per 

100  kilos 

Licorice  juice: 

Mixed  with  sugar,  honey,  oil  of  aniseed,  sal  ammoniac,  or  other  flavoring  or 

medicinal  ingredients,  or  made  up  for  retail  sale per  100  kilos. 

Other,  raw  or  purified,  even  in  sticks  packed  in  boxes  or  other  larger  coverings 

serving  for  the  purpose  of  transportation  only 

(ex  545-547)  Leather,  half  or  entirely  dressed,  whether  prepared  or  not,  not  otherwise 
mentioned  in  the  general  tariff: 

Of  a net  weight  of  more  than  3 kilos  each  piece — 

Entire  hides  or  half  hides,  with  the  heads,  necks,  bellies,  and  hoofs  unsepa- 
rated;  head,  neck,  and  belly  pieces  and  hoofs,  as  well  as  horse  shields,  without 

regard  to  the  weight  of  the  pieces per  100  kilos  . 

Pig  leather,  without  regard  to  the  weight  of  the  pieces do. . . 

Bend  leather  [ Kernstiicke] do. . . 

Note.— Leather,  including  bend  leather,  of  a net  weight  of  more  than  3 
kilos  per  piece,  for  the  manufacture  of  driving  belts,  with  permit,  and 

under  control per  100  kilos. 

Of  a net  weight  of  from  1 to  3 kilos  each  piece — 

Calf,  natural  color  (natural  bro^vn) do. . . 

Other  calf do. . . 

(ex  555-556)  Boots  and  shoes  of  leather  of  all  kinds.  Including  those  made  from  hides 
with  the  hair  still  on  and  those  made  from  fish  or  reptile  skins: 

With  soles  of  materials  other  than  wood— 

Weighing  more  than  1,200  grams  per  pair per  100  kilos. 

Weighing  more  than  600  and  up  to  1,200  grams  per  pair;  boot  uppers 
of  leather  of  all  kinds,  with  elastic  insertions,  without  regard  to  weight, 

per  100  kilos 

Weighing  600  grams  or  less  per  pair per  100  kilos. 

Slippers  and  house  shoes,  without  regard  to  weight do. . . 

Notes. 

1.  Linings,  trimmings,  and  ornaments  of  all  kinds  (buckles,  bows,  tas- 

sels,, embroideries,  laces,  etc.),  of  other  materials,  including  silk, 
but  not  including  fur,  do  not  affect  the  tariff  treatment. 

2.  The  following  are  to  be  treated  as  slippers  and  house  shoes:  Shoes 

which  give  no  support  to  the  instep  or  the  heel,  and  are  not  in  any 
other  way  (c.  g.,  by  lacing,  buttons,  or  elastic  sides)  adapted  for 
closely  fitting  the  foot.  The  conventional  duty  is  also  applicable 
to  slippers  and  house  shoes  with  a heel  piece,  but  not  to  those 
with  a raised  heel. 


Rate 

of 

duty. 


Marks. 

2.00 

Free. 

Free. 

l.CO 

.65 


6.00 


2.00 


3.00 


10.00 

10.00 

8.00 

10.00 

6.00 

7. 50 
Free. 

6.00 

3.00 

3.00 


60.00 

Free 


30.00 

18.00 
33.00 


22.00 

25.00 

40.00 


60.00 


80.00 

90.00 

60.00 


GERMAK  EMPIRE — 1907. 


571 


Numbers 
of  the 
German 
general 
tariff. 


Articles. 


557 
ex  560 


661 

578 


ex  580 


585 

586 


650 


ex  651 


633 


654 

655 


656 


657 


ex  660 
ex  694 


Driving  belts  and  breadths  of  driving  belts  of  leather  of  all  kinds,  as  well  as  of  raw 
hide  (without  the  hair),  with  or  without  layers  of  coarse  te.xtilesorfelt.per  100  kilos. . 
Saddler’s  and  trunkmaker’s  wares,  as  well  as  other  wares  not  separately  mentioned 
in  the  general  tariff,  of  leather  of  all  kinds,  raw  hide  (with  or  without  the  hair), 
parchment,  bladder,  gold-beater’s  skin,  or  fish  or  reptile  skin,  or  entirely  or  partly 
covered  with  such  materials;  also  saddler’s  and  trunkmaker’s  wares  of  coarse 
vegetable  textiles  or  of  the  rope-maker’s  wares  mentioned  imder  Nos.  484  or  485  of 
the  general  tariff,  or  wares  entirely  or  mainly  covered  with  such  materiais;  all  these 
so  far  as  they  are  not  chargeable  with  higher  duties  by  reason  of  their  combination 
with  other  materials,  or  do  not  belong  to  the  classes  of  paper  and  paper  wares  entirely 
or  partly  covered  with  leather,  included  under  Nos.  667  to  669  of  the  general  tariff: 

Picking  straps,  sewing  and  bmding  laces,  leather  tapes  for  dividers  [Florteil- 
ritmen],  leather  laces  for  spinning  and  weaving,  pickers,  without  regard  to 
weight per  100  kilos. . 

Other  articles — 

Of  a net  weight  of  2 kilos  and  more  each — 

Harness  for  horses;  card  backs,  card  bends  (card  slivers);  card  plates  for 
fancy  rollers;  slips  and  plates  for  pickers;  sliders  (rubbing  belts,  trav- 
eling leather  bands) od 

Other do 

Of  a net  weight  less  than  2 kilos  each  article — 

Harness  lor  horses;  card  backs,  card  bends  (card  slivers):  card  plates  for 
fancy  rollers;  slips  and  plates  for  pickers;  sliders  (rubbing  belts,  trav- 
eling leather  bands) per  100  kilos. . 

Other;  also  leather  hangings  without  regard  to  weight do 

Glove  leather  cut  out  or  stamped  for  gloves do 

India-rubber  tires  for  wheels  of  vehicles;  also  tire  covers,  of  textiies  impregnated  or 

coated  with  India  rubber  or  with  an  internal  layer  of  India  nibber per  100  kilos. . 

Textiles  or  felt  impregnated  or  coated  with  india  rubber  or  with  internal  layers  of 
india  rubber;  India-rubber  wares  coated  with  textiles  or  with  yam  woimd  thereon; 
all  these  if  the  textiles  or  the  yam  do  not  consist  entirely  or  partly  of  silk,  per  100 

kilos 

Textiles  in  combination  with  india-rubber  threads;  tissues  of  india-mbber  threads 
combined  with  threads  or  yam;  all  these  if  the  textiles  or  the  yam  consist  entirely 

or  partly  of  silk  or  other  textile  material per  100  kilos . . 

Tubes  of  hardened  india  rabber,  not  further  worked do 

Other  wares  of  hardened  india  mbber,  not  separately  mentioned  in  the  general  tariff, 
combined  or  not  with  other  materials,  so  far  as  not  falling  under  higher  duties  by 

reason  of  such  combination per  100  kilos. . 

(ex  649-630)  Paper  stock  (half  stuff  for  the  manufacture  of  paper  and  pasteboard), 
in  the  form  of  pulp  or  solidified,  whether  bleached,  dyed,  mixed  with  mineral  sub- 
stances, glue,  etc.,  or  not; 

From  wood,  straw,  esparto  grass,  or  other  vegetable  fiber — 

Wood  pulp  (mechanically  prepared  wood  meal,  wood  grindings),  per  100 

kilos 

Chemically  prepared  wood  pulp  (cellulose);  straw,  esparto,  and  other  fibrous 

materials per  100  kilos. . 

Pasteboard,  molded  (dipped)  or  couched;  also  made  of  sheets  of  pasteboard  stuck 
together: 

Cardboard  of  mechanically  or  chemically  prepared  wood  pulp;  also  of  wood 

f)ulp  prepared  from  steamed  wood,  rolled  hard  [Braunholzpappe,  so-called 
eafher  boardl  strawboard,  Schrenzpajipe,  and  peat  cardboard,  and  other  coarse 
cardboard  not  separately  mentioned  in  the  general  tariff,  dyed  in  the  pulp  or 

not per  100  kilos. . 

Yellow  straw  paper do 

Very  coarse  gray  blotting  paper do 

Packing  paper,  dyed  in  the  pulp,  glazed  on  one  side  or  not do 

Paper  not  inciuded  under  other  numbers  of  the  general  tariff,  including  carton  paper, 
even  mled,  made  like  parchment,  or  grained: 

Packing  paper  not  included  under  No.  654 per  100  kilos. . 

Other do 

Colored  paper,  including  paper  coated  with  chalk,  white  lead,  or  the  like,  or  provided 
with  metallic  Impressions;  varnished  paper;  paper  covered  with  scales  of  mica  or 
glass,  pounce  or  wool  flocks;  paper  provided  with  painted,  applied,  or  galvano- 

plastic  metallic  surfacing:  also  paper  with  gilt  or  silvered  edges per  100  kilos. . 

Printed  matter,  printed  by  any  process,  so  far  as  not  included  in  chapter  12  of  the 

general  tariff;  also  “picture  paper,”  including  that  produced  by  a copying  process 
on  paper  and  cardboard;  also  paper  or  cardboard  colored  or  black  edged,  or  orna- 
mented in  any  way  whatever: 

Of  one  color per  100  kilos. . 

Of  more  than  one  color;  also  with  impressions  or  edges  in  colors,  gold  or  other 

metals per  100  kilos. . 

Wall  paper  and  wall-paper  borders  of  all  kinds,  neither  giit,  silvered,  bronzed,  em- 
bossed, nor  velvety per  100  kilos.. 

Grindstones  and  whetstones,  wholly  or  partly  of  carborundum.. do 


Rate 

of 

duty. 


Maries. 

30.00 


50.00 


50.00 
0.').  00 


65.00 

80.00 
125. 00 

60.00 


100.00 


90.00 

25.00 


40.00 


1.25 

1.25 


1.50 

3. 00 

2.00 
3. 00 


3.00 

6. 00 


8.00 


6.00 

6.00 

12.00 

12.00 


5V2 


TEEATIES,  CONVENTIONS,  ETC. 


Numbers 
of  the 
German 
general 
tariff. 


Articles. 


737 


738 


739 


741 


0X742 

758 


759 


760 


763 


782 


797 


800 
ex  820 


ex  821 
829 


ex  839 


(ex  737-7‘'.0)  Hollow  glass: 

Neither  molded  nor  ground,  polished,  smoothed,  cut,  etched,  or  figured — 

Of  natural  color X)er  100  kilos.. 

V/hite  (or  half  white)  transparent,  with  or  without  separate  rings  of  massive 

white  (or  half  white)  glass per  100  kilos  gross  weight. . 

Colored  or  white  nontransparent,  or  even  flashed  with  colored  or  white  non- 
transparent glass — 

Milk,  alabaster,  and  bone  glass,  white per  100  kilos. . 

Other do 

With  the  bottoms  only  molded,  or  with  the  stoppers  shaped  or  ornamented  by 
grinding,  molding,  etc. — 

Colored  or  white  nontransparent,  or  even  fiashed  with  colored  or  white  non- 
transparent glass per  100  Idlos. . 

Other do 

Molded,  ground,  polished,  smooth,  cut,  engraved,  or  figured  in  any  other  way — 
Colored  or  white  nontransparent,  or  even  fiashed  with  colored  or  white  non- 
transparent glass per  100  kUos. . 

Other do 

(ex  741-742)  Plate  and  sheet  glass,  not  separately  mentioned  in  the  general  tariff, 
neither  ground,  polished,  cut,  figured,  ribbed,  scolloped,  curved,  frosted,  etched, 
flashed,  cut  in  facets,  nor  silvered; 

Neither  colored  nor  opaque — 

Plate  glass,  cast  and  blown;  so-called  crude  glass  (rough  cast  plates)  more  than 

5 milliiheters  thick,  ribbed  or  not per  100  kilos. . 

Sheet  glass,  including  “crude”  glass  (ribbed  or  not)  having  a thickness  of  5 
mUllmeters  or  less,  if  the  length  and  breadth  together  amount  to — 

120  centimeters  or  less per  100  kilos. . 

More  than  120  and  up  to  200  centimeters per  100  kUos  gross  weight. . 

More  than  200  centimeters do 

Bull’s-eye  glass do 

Glass  pendants  for  chandeliers;  glass  buttons;  all  these  colored  or  not,  with  loops 

or  not .per  100  kUos. . 

Note. — Painted,  gilt  or  silvered  glass  buttons  pay  duty  imder  No.  763. 

SmaU  glass  plates;  glass  beads,  bugles,  and  scales,  even  if  strung  on  thread  oidy  for 
purposes  of  packing  and  transmission;  glass  drops  (glass  tears.  Prince  Rupert’s 
drops);  small  glass  balls  (massive  glass  drops): 

White  or  colored per  100  kilos. . 

Painted,  gilt  or  silvered do 

Glass  pastes  containing  lead  or  not;  artificial  gems,  and  glass  corals,  not  mounted, 
even  if  strung  on  thread  only  for  purposes  of  packing  and  transmission: 

Rough — 

(jlass  pastes  and  artificial  gems.. per  100  kilos. . 

Glass  corals do. . . . 

Worked  (ground,  etc.) do.... 

Glass  not  otherwise  mentioned  in  the  general  tariff,  molded,  stamped,  ground,  pol- 
ished, smoothed,  cut,  etched,  figured,  or  not;  glass  threads  and  spun  glass: 

Not  colored  nor  opaque per  100  kilos. . 

Colored  or  opaque.. do 

Painted,  gilt  or  silvered,  figured  or  not  by  the  application  or  burning  in  of 

colors per  100  kilos. . 

(ex  777-843)  Iron  and  iron  alloys: 

Nonmalleable  cast  iron,  not  otherwise  mentioned  in  the  general  tariff,  rough: 
Weighing,  per  piece,  net  weight — 

More  than  100  kilos.. ..per  100  kilos.. 

More  than  40  up  to  100  Mlos do 

40  kilos  or  less do 

Axles  and  parts  of  railway  wheels  (including  hubs,  tires,  frames,  and  rims),  rail- 
way wheels,  sets  of  railway  wheels .• per  100  kilos. . 

Construction  pieces  of  malleable  iron,  painted  or  not do 

Bolts  tor  fish  plates  and  sleepers,  cross-tie  bars,  clips,  hook  nails,  insulator  sup- 
ports (brackets),  rough per  100  kilos. . 

Screws  and  rivets  of  more  than  13  millimeters  shank  diameter;  nuts  and  washers 

for  screws;  horseshoes,  calkins,  rough per  100  kOos. . 

Railway  couplings,  parts  of  switches  and  signals,  rough do — 

Railway  buffers,  rough do — 

Chains  (except  bicycle  chains)  and  parts  thereof: 

Rough— 

For  towing do 

Other do 

Worked do 

Springs  not  otherwise  mentioned  in  the  general  tariff: 

Fine  (for  wigs,  gloves,  hats,  and  the  like),  including  all  springs,  polished, 
nickeled,  lacquered,  varnished,  or  which  have  undergone  any  further  process 

of  working  up  other  than  mere  grinding per  100  kilos. . 

Other: 

Rough do 

Merely  ground do 


Rate 

of 

duty. 


Maries. 

3.00 

8.00 


10.00 

15.00 


15.00 

12.00 


15.00 

12.00 


3.00 


6.00 

8.00 

10.00 

12.00 

12.00 


2.00 

15.00 


20.00 

15.00 

25.00 


12.00 

15.00 

20.00 


2.50 
3.00 

3.50 

2.50 

4.50 

3.00 

5.00 

6.00 
3.00 


1.50 

5.00 

15.00 


20.00 

6.00 

10.00 


GERMAN  EMPIRE 1907. 


573 


Numbers 
of  the 
German 
general 
tariff. 


Articles. 


875 


ex  891 
e.x  894 


ex  914 
ex  915 


ex  917 


(ex  8C9-880)  Copper  and  copper  alloys: 

Wire  gauze  of  all  kinds  for  industrial  purposes,  especially  for  use  in  the  manu- 
facture of  paper,  endless  or  in  rolls  or  pieces,  composed  of  wire,  with  or  without 
insertions  [Einlagen]  of  thread  or  yarn;  drying  cylinders  for  printing  estal> 
lishments  [Vordriicku’alzen],  smoothed  or  ribbed,  with  or  without  water- 
mark  per  100  kilos. 

Phonographs,  including  electrical  machines  in  combination  therewith. . per  100  kilos. 
Combustion  and  explosion  motors  for  motor  cycles,  weighing,  per  piece,  40  kilos  or 

less,  net  weight per  100  kilos. 

Steam  engines,  steam  turbines,  water  turbines;  combustion  and  explosion  motors; 
power  (other  than  electromotive)  machinery  in  combination  with  pumps  (includ- 
ing water  engines)  or  freezing  machines;  cranes: 

Weighing,  per  piece,  net  weight — 

Over  500  up  to  1,000  kilos per  100  kilos. 

Over  1,000  up  to  2,500  kilos do. . . 

Over  2,500  up  to  5,000  kilos do. . . 

Over  5,000  up  to  50,000  kilos do. . . 

Over  50,000  up  to  100,000  kilos do. . . 

Over  100,000  kilos do. . . 

Water-pressure  engines: 

Weighing,  per  piece,  net  weight — 

Over  1,000  up  to  2,500  kilos do 

Over  2,500  up  to  5,000  kilos do. . . 

Over  5,000  up  to  50,000  kUos do 

Over  50,000  up  to  100,000  kilos do 

Steam  engines  combined  with  hammers,  blowing  machines  (including  ventilating 
machines),  or  with  hoisting  machines: 

Weighing,  per  piece,  net  weight — 

Over  5,000  up  to  50,000  kilos per  100  kilos. 

Over  50,000  up  to  100,000  kilos do. . . 

Other  machines  of  the  kinds  specified  in  No.  894  of  the  general  tariff: 

Weighing,  per  piece,  net  weight — 

Over  1,000  up  to  2,500  kilos per  100  kilos. 

Over  2,500  up  to  5,000  kilos do. . . 

Over  5,000  up  to  50,000  kilos do. . . 

Over  50,000  up  to  100,000  kilos do. . . 

Note. — Steam  endues  for  use  in  shipbuilding,  together  with  the  paddle 
wheels  and  screw  propellers  pertaining  thereto,  are  admitted  duty  free. 

(ex  913-914)  Vehicles,  intended  to  run  on  rails: 

Not  combined  with  motive  machinery — 

Freight  cars,  covered  or  not per  100  kilos. 

Vehicles  not  intended  to  run  on  rails  (except  water  craft),  combined  with  motive 
machinery  (motor  cars  and  motor  cycles): 

Motor  cycles — 

Weighing,  each,  net  weight — 

50  kilos  or  less per  100  kilos. 

Over  50  up  to  100  kilos do. . . 

Over  100  up  to  250  kilos do. . . 

Motor  cars  and  motor  cycles — 

Weighing,  each,  net  weight — 

Over  250  up  to  500  kUos do. . . 

Over  500  up  to  1,000  kilos do. . . 

Over  1,000  kilos do. . . 

(ex  916-918)  Vehicles  not  intended  to  run  on  rails  (except  watercraft),  without  motive 
machinery: 

Carriages — 

Four-wheeled,  with  not  more  than  four  fixed  seats — 

Without  cover — 

Weighing,  each,  net  weight — 

150  kilos  or  less per  piece. 

More  than  150  kilos do. . . 

With  cover do. . . 

Four-wheeled,  with  more  than  four  fixed  seats— 

Without  cover do. . . 

With  cover do... 

Notes. 

1.  Folding  seats  are  not  reckoned  as  fixed  seats.  The  box  (driver’s  seat)  is 

not  to  be  counted  as  one  of  the  fixed  seats. 

2.  Wooden  carriage  bodies  without  the  trucks  shall  be  treated  as  wooden 

wares,  according  to  their  character,  even  if  they  are  fitted  with  iron 
mounts;  nor  shall  they  be  dutiable  as  passenger  carriages,  even  where 
the  hinge-fasteoed  cover  frames  and  the  sloping  footboard  of  the  driver’s 
seat  (which  is  securely  fastened  to  the  iron  clasps  traversing  the  carriage 
body)  have  already  been  fixed  in  position,  or  where  the  wooden  panels 
of  the  doors  have  been  covered  with  coarse  blocks  of  wood,  or  with 
jute  tissue  or  sheet  iron  in  order  to  strengthen  them  or  to  keep  them 
from  splitting. 


Rate 

of 

duty. 


Marks. 

18.00 

40.00 

75.00 


11.00 

7.50 
6.00 
5.  CO 

4.50 

3.50 


8.  CO 

6. 50 

5. 50 
5.00 


5.00 

4.50 


10.00 

8.00 

6.00 

5.00 


3.00 


100. 00 

75.00 

70.00 


40.00 

25.00 

15.00 


fO.OO 

100.00 

150. 00 

1.50. 00 

160.00 


574 


TREATIES,  CONVENTIONS,  ETC. 


ox  926 
927 


928 


929 


930 


931 

932 

933 


937 

943 


(ex  916-918)  Vehicles  not  intended  to  run  on  rails,  etc. — Continued. 

Carriages — Continued. 

JVbtfS— Continued. 

3.  Four-wheeled  carriages  fitted  together  in  the  rough  pay  one-fourth  the 

duty  on  similar  carriages  finished.  By  carriages  in  the  rough  are  meant 
those  which,  though  provided  with  all  the  parts  and  fittings  necessary 
in  order  to  enable  the  carriages  to  be  used  (springs,  axles,  wheels,  fore- 
frame, brake,  whiffietrees,  and  parts  for  attaching  the  traces,  etc.),  are 
neither  colored,  varnished,  polished,  painted,  nor  covered  with  leather 
or  upholstered  (nor  contain  loose  cushions). 

4.  Carriage  rugs,  lamps,  chests,  and  similar  articles  imported  with  carriages 

and  intended  to  be  fitted  securely  to  or  otherwise  connected  with  the 
same,  shall  be  regarded  as  parts  of  carriages  and  not  charged  duty 
separately. 

5.  Carriages  imported  without  trucks  (chassis),  motors,  or  wheels,  and 

intended  for  the  construction  of  motor  cars,  shall  be  treated  as  four- 
wheeled  carriages,  and  shall  be  dutiable  according  to  the  treaty  rates 
under  No.  917,  it  in  a finished  state,  and  at  one-fourth  of  those  rates  if 
in  the  rough. 

Small  arms  of  all  kinds  of  common  metals  or  of  alloys  of  common  metals,  except 

military  arms per  100  kilos. . 

Trigger  guards,  springs,  cocks,  and  barrels,  and  parts  thereof;  also  other  parts 
of  small  arms  (except  looks  and  breech  bolts  [ Verschlussstilcke])  of  common  metals 
or  alloys  of  common  metals: 

Rough per  100  kilos. . 

Worked— 

Barrels  only  bored  and  turned  or  roughly  ground do 

Other  articles do 

Locks  and  breech  bolts  [ Verschlussstiicke]  and  parts  thereof,  for  small  arms: 

Roughly  worked per  100  kilos.. 

Other : do 

Note  to  Nos.  927  and  928. — Barrels  and  stocks  for  small  arms  with  locks,  lock 
cases,  or  breech  bolts  [ VerscMussstucke]  fitted  to  them  or  packed  up  with  them 
have  to  pay  duty  according  to  No.  926. 

Watches,  including  those  with  chimes: 

In  cases — 

Of  gold per  piece. . 

Of  silver,  gilt  or  not,  or  provided  with  gilt  rims,  pendants  or  knobs,  .per  piece. . 
Of  common  metals  or  alloys  thereof,  gilt  or  silvered  or  not,  or  provided 
with  gilt  or  silvered  rims,  pendants  or  knobs:  of  other  materials,  .per  piece. . 
Note. — Electrical  watches  are  dutiable  under  No.  929. 

Watch  cases: 

Of  gold .per  piece. . 

Of  silver,  of  common  metals  or  alloys  thereof,  gilt  or  not,  or  providecf  with  gilt 

rims,  pendants,  or  knobs;  of  other  materials per  piece. . 

Note. — If  watch  cases  are  imported  in  pieces  but  ready  to  be  put  together, 
backs  will  pay  halt,  and  rims  (together  with  bezels  or  not)  and  bezels  each  a 
quarter  of  the  duty  on  entire  watch  cases.  So-called  “false”  watch  cases  and 
other  parts  pay  duty  according  to  the  material  of  which  made. 

Note  to  Nos.  929  and  930. — Watches  and  watch  cases  plated  with  gold  or  silver 
will  pay  duty  as  gilt  or  silvered 

Mechanism  for  watches,  complete,  and  rough  works per  piece. . 

Steel  mainsprings  and  balances  for  watches per  100  kilos. . 

Parts  of  watches  of  common  metals  or  alloys  thereof  not  previously  mentioned  in 
the  general  tariff: 

Watch  springs  of  steel;  balances  of  bronze  or  brass per  100  kilos. . 

Other  parts  of  watches,  even  gilt  or  silvered,  or  plated  with  gold  or  silver,  or  in 
combination  with  other  materials,  in  so  far  as  they  may  not  be  dutiable  at 

higher  rates  by  reason  thereof per  100  kilos. . 

Note. — Pendants,  rings,  and  key  caps  are  dutiable  under  No.  933  when  they 
are  obviously  intended  to  form  parts  of  watches. 

Organs  (with  pipes) per  100  kiios. . 

Musical  boxes: 

Musical  boxes  without  case,  weighing  500  grams,  net  weight,  or  less,  per 

piece per  100  kilos. . 

Other  musical  boxes do 

Apparatus  for  mechanical  repetition  of  musical  pieces do 

Note. — Parts  of  musical  boxes,  obviously  recognizable  as  such,  also  alarm 
bells  for  alarm  clocks  (without  mechanism),  are  dutiabie  as  musical  boxes. 


Marks. 

60.00 


6.00 


10. 

24. 


24. 

60. 


60. 

60. 

120. 

20. 


20. 

20. 

25. 


List  referred  to  in  Article  Three  of  Commercial  Agreement 


Correct : 

James  L.  Gerry 
S.  N.  D.  North 
N.  I.  Stone. 


Elihu  Root 
Sternburg. 


888  8 8 8 8S  g g g gg  88  88 


GERMAN  EMPIRE 1907. 


575 


[Appendix  I.] 

DIPLOMATIC  NOTE. 

May  2,  1907. 

Excellency  : 

Referring  to  the  Commercial  Agreement  concluded  this  day  between  this 
Government  and  the  Imperial  German  Government,  I have  the  honor  to  inform 
you  that  the  President  of  the  United  States  authorizes  me  to  state  that  he  will 
recommend  to  the  Congress  the  enactment  of  an  amendment  of  Section  7 of  the 
Customs  Administrative  Act  of  June  10,  ISOO,  as  amended  by  Section  32,  Act  of 
July  21,  1897,  so  as  to  read  as  follows : 

“ Section  7.  That  the  owner,  consignee,  or  agent  of  any  imported  merchandise 
may,  at  the  time  when  he  shall  make  and  verify  his  written  entry  of  such 
merchandise,  but  not  afterwards,  make  such  addition  in  the  entry  to  or  such 
deductions  from  the  cost  or  value  given  in  the  invoice,  or  pro  forma  invoice,  or 
statement  in  form  of  an  invoice,  which  he  shall  produce  with  ids  entry,  as  in 
his  opinion  may  raise  or  lower  the  same  to  the  actual  market  value  or  whole- 
sale price  of  such  merchandise  at  the  time  of  exportation  to  the  United  States 
in  the  principal  markets  of  the  country  from  which  the  same  has  been  imported; 
and  the  collector  within  whose  district  any  merchandise  may  be  imported  or 
entered,  whether  the  same  has  been  actually  purchased  or  procured  otherwise 
than  by  purchase,  shall  cause  the  actual  market  value  or  wholesale  price  of 
such  merchandise  to  be  appraised ; and  if  the  appraised  value  of  any  article  of 
imported  merchandise  subject  to  an  ad  valorem  duty  or  to  a duty  based  upon  or 
regulated  in  any  manner  by  the  value  thereof  shall  exceed  the  value  declared 
in  the  entry  by  more  than  ten  per  centum  there  shall  be  levied,  collected,  and 
paid,  in  addition  to  the  duties  imposed  by  law  on  such  merchandise,  an  ad- 
ditional duty  of  one  per  centum  of  the  total  appraised  value  thereof  for  each 
one  per  centum  in  excess  of  ten  per  centum  that  such  appraised  value  exceeds 
the  value  declared  in  the  entrj',  but  the  additional  duties  shall  only  apply  to  the 
particular  article  or  articles  in  each  invoice  that  are  so  undervalued,  and  shall 
not  be  imposed  upon  any  article  upon  which  the  amount  of  duty  imposed  by  law 
on  account  of  the  appraised  value  does  not  exceed  the  amount  of  duty  that 
would  be  imposed  if  the  appraised  value  did  not  exceed  the  entered  value,  and 
shall  be  limited  to  twenty-tive  per  centum  of  the  appraised  value  of  such  article 
or  articles.  Such  additional  duties  shall  be  construed  to  be  penal  and  within 
the  purview  of  Sections  5292  and  5293,  Revised  Statutes,  and  Sections  17  and  18, 
Act,  June  22,  1874,  and  further  shall  be  remitted  in  cases  arising  from  uniu- 
tentionai  or  manifest  clerical  error;  but  these  duties  shall  not  be  refunded  in 
case  of  exportation  of  the  merchandise  nor  shall  they  be  subject  to  the  benefit 
of  drawback;  Provided,  That  if  the  appraised  value  of  any  merchandise  shali 
exceed  the  value  declared  in  the  entry  by  more  than  thirty-five  per  centum,  ex- 
cept when  arising  from  an  unintentional  or  a manifest  clerical  error,  such  entry 
shall  be  held  to  be  presumptively  fraudulent,  and  the  collector  of  customs  may 
seize  such  merchandise  and  proceed  as  in  the  case  of  forfeiture  for  violation 
of  the  customs  laws ; and  in  any  legal  proceeding  that  may  result  from  such 
seizure  the  undervaluation  as  shown  by  the  appraisal  shall  be  presumptive  evi- 
dence of  fraud,  and  the  burden  of  proof  shall  be  on  the  claimant  to  rebut  the 
same,  and  forfeiture  shall  be  adjudged  unless  he  shall  rebut  such  presumption 
of  fraudulent  intent  by  sufficient  evidence.  The  forfeiture  provided  for  in  this 
section  shall  only  apply  to  the  particular  article  or  articles  which  are  under- 
valued ; Provided,  further.  That  all  additional  duties,  penalties,  or  forfeitures 
applicable  to  merchandise  entered  by  a duly  certified  invoice  shall  be  alike  ap- 
plicable to  merchandise  entered  by  a pro  forma  invoice  or  statement  in  the  form 
of  an  invoice.  The  duty  shall  not,  however,  be  assessed  in  any  case  upon  an 
amount  less  than  the  entered  value. 

“ Accept,  Excellency,  the  renewed  assurance  of  my  highest  consideration. 

“ Eliiiij  Root. 

“His  Excellency 

“ Baron  Speck  von  Sternburg, 

“Irnperitil  German  Amhassador." 


[Appendix  II.] 

[Strike  out  the  words  in  brackets  and  insert  the  words  printed  in  italics.'i 
Sec.  7.  That  the  owner,  consignee,  or  agent  of  any  imported  merchandise 
[which  has  been  actually  purchased]  may,  at  the  time  when  he  shall  make  and 


576 


TREATIES,  COISTVENTIONS,  ETC. 


verify  his  written  entry  of  such  merchandise,  but  not  afterwards,  make  such 
addition  in  the  entry  to  or  such  deductions  from  the  cost  or  value  given  in  the 
invoice  or  pro  forma  invoice  or  statement  in  form  of  an  invoice,  which  he  shall 
produce  with  his  entry,  as  in  his  opinion  may  raise  or  lower  the  same  to  the 
actual  market  value  or  wholesale  price  of  such  merchandise  at  the  time  of 
exportation  to  the  United  States,  in  the  principal  markets  of  the  country  from 
which  the  same  has  been  imported;  [but  no  such  addition  shall  be  made  upon 
entry  to  the  invoice  value  of  any  imported  merchandise  obtained  otherwise  than 
by  actual  purchase;]  and  the  collector  within  whose  district  any  merchandise 
may  be  imported  or  entered,  whether  the  same  has  been  actually  purchased  or 
procui’ed  otherwise  than  by  purchase,  shall  cause  the  actual  market  value  or 
wholesale  price  of  such  merchandise  to  be  appraised ; and  if  the  appraised 
value  of  any  article  of  imported  merchandise  subject  to  an  ad  valorem  duty  or 
to  a duty  based  upon  or  regulated  in  any  manner  by  the  value  thereof  shall 
exceed  the  value  declared  in  the  entry  hy  more  than  ten  per  centum  there  shall 
be  levied,  collected,  and  paid,  in  addition  to  the  duties  imposed  by  law  on  such 
merchandise,  an  additional  duty  of  one  per  centum  of  the  total  appraised  value 
thereof  for  each  one  per  centum  in  excess  of  ten  per  eentum  that  such  appraised 
value  exceeds  the  value  declared  in  the  entry,  but  the  additional  duties  shall 
only  apply  to  the  particular  article  or  articles  in  each  invoice  that  are  so 
undervalued,  and  shall  not  he  imposed  upon  any  article  upon  which  the  amount 
of  duty  imposed  hy  law  on  account  of  the  appraised  value  does  not  exceed  the 
amount  of  duty  that  would  he  imposed  if  the  appraised  value  did  not  exceed 
the  entered  value,  and  shall  be  limited  to  [fifty]  twenty-five  per  centum  of  the 
appraised  value  of  such  article  or  articles.  Such  additional  duties  shall  [not] 
be  constructed  to  be  penal,  and  wiihin  the  purview  of  sections  5292  and  5293 
Revised  Statutes  and  sections  J7  and  18,  act,  June  22,  187Jf,  and  further  shall 
[not]  be  remitted,  [nor  payment  thereof  in  any  way  avoided,  except]  in  cases 
arising  from  [a]  unintentional  or  manifest  clerical  error,  [nor  shall  they  be 
refunded]  hut  these  duties  shall  not  he  refunded  in  case  of  exportation  of  the 
merchandise  [or  on  any  other  account,]  nor  shall  they  be  subject  to  the  benefit 
of  drawback : Provided,  That  if  the  appraised  value  of  any  merchandise  shall 
exceed  the  value  declared  in  the  entry  by  more  than  [fifty]  thirty-five  per 
centum,  except  when  arising  from  an  unintentional  or  a manifest  clerical  error, 
such  entry  shall  be  held  to  be  presumptively  fraudulent,  and  the  collector  of 
customs  [shall]  may  seize  such  merchandise  and  proceed  as  in  case  or  for- 
feiture for  violation  of  the  customs  laws,  and  in  any  legal  proceeding  that 
may  result  from  such  seizure,  the  undervaluation  as  shown  by  the  appraisal 
shall  be  presumptive  evidence  of  fraud,  and  the  burden  of  proof  shall  be  on 
the  claimant  to  rebut  the  same  and  forfeiture  shall  be  adjudged  unless  he  shall 
rebut  such  presumption  of  fi’audulent  intent  by  sutficient  evidence.  The  for- 
feiture provided  for  in  this  section  shall  only  apply  to  [the  whole  of  the  mer- 
chandise or  the  value  thereof  in  the  case  or  package  containing]  the  particular 
article  or  articles  [in  each  invoice]  which  are  undervalued:  Provided,  further. 
That  all  additional  duties,  penalties  or  forfeitures  applicable  to  merchandise 
entered  by  a duly  certified  invoice,  shall  be  alike  applicable  to  merchandise 
entered  by  a pro  forma  invoice,  or  a statement  in  the  form  of  an  invoice,  [and 
no  forfeiture  or  disability  of  any  kind,  incurred  under  the  provisions  of  this 
section  shall  be  remitted  or  mitigated  by  the  Secretary  of  the  Treasury,]  The 
duty  shall  not,  however,  be  assessed  in  any  case  upon  an  amount  less  than  the 
[invoice  or]  entered  value. 


[Appendix  III,] 


REGULATIONS  PROVIDED  FOR  IN  TFIE  COMMERCIAL  AGREEMENT  BETWEEN  GERMANY 

AND  THE  UNITED  STATES. 


1007. 

Depabtme.nt  Circul.ar,  No.  36. 
Division  of  Customs. 


Treasury  Department, 

Office  of  the  Secretary, 

Washington,  June  1,  1907. 


To  Colleetors  and  other  Officers  of  the  Customs: 

In  accordance  with  the  commercial  agreement  signed  April  22,  1907,  between 
the  Imperial  Gei’man  Government  and  the  Government  of  the  United  States 
the  following  regulations,  which  will  remain  in  force  for  the  term  of  that  agree- 
ment, are  published  for  your  guidance  so  far  as  they  relate  to  your  duties. 

Market  value  as  defined  by  section  19  of  the  customs  administrative  act  shall 
be  construed  to  mean  the  export  price  whenever  goods,  wares,  and  merchandise 


GEEMAN  EMPIRE 1907. 


577 


are  sold  wholly  for  export,  or  sold  in  the  home  market  ouly  in  limited  quanti- 
ties, by  reason  of  which  facts  there  can  not  be  established  a market  value  based 
upon  the  sale  of  such  goods,  wares,  and  merchandise  in  usual  wholesale  quanti- 
ties, packed  ready  for  shipment  to  the  United  States. 

Statements  provided  for  in  section  8 of  the  customs  administrative  act  are 
not  to  be  required  by  consular  officers  except  upon  the  request  of  the  appraiser 
of  the  port,  after  entry  of  the  goods.  The  consular  regulations  of  1896,  para- 
graph 674,  shall  be  amended  accordingly. 

In  reappraisement  cases  the  hearing  shall  be  open  and  in  the  presence  of 
the  importer  or  his  attorney,  unless  the  Board  of  Appraisers  shall  certify  to 
the  Secretary  of  the  Treasury  that  the  public  interest  will  suffer  thereby ; but 
in  the  latter  case  the  importer  shall  be  furnished  with  a summary  of  the  facts 
developed  at  the  closed  hearing  upon  which  the  reappraisement  is  based. 

The  practice  in  regard  to  “ personal  appearance  before  consul,”  “ original 
bills,”  “ declaration  of  name  of  ship,”  shall  be  made  uniform  in  the  sense — 

1.  That  the  personal  appearance  before  the  consular  officer  shall  be  demanded 
only  in  exceptional  cases,  where  special  reasons  require  a personal  explanation. 

2.  That  (he  original  bills  are  only  to  be  requested  in  cases  where  invoices 
presented  to  the  consular  officer  for  authentication  include  goods  of  various 
kinds  that  have  been  purchased  from  different  manufacturers  at  places  more  or 
less  remote  from  the  consulate,  and  that  these  bills  shall  be  returned  after 
inspection  by  the  consular  officer. 

3.  That  the  declaration  of  the  name  of  the  ship  in  the  invoice  shall  be  dis- 
pensed with  whenever  the  exporter  at  the  time  the  invoice  is  presented  for 
authentication  is  unable  to  name  the  ship. 

Paragraph  678  of  such  regulations,  as  amended  March  1, 1906,  shall  be  further 
amended  by  striking  out  the  words : 

“ Whenever  the  invoice  is  presented  to  be  consulated  in  a country  other  than 
the  one  from  which  the  merchandise  is  being  directly  exported  to  the  United, 
States.” 

And  by  inserting  after  the  first  sentence  the  following  clause : 

“As  place,  in  which  the  merchandise  was  purchased,  is  to  be  considered  the 
place  where  the  contract  was  made,  whenever  this  was  done  at  the  place  where 
the  exporter  has  his  office.” 

Paragraph  681  of  the  consular  regulations  of  1896  relative  to  “ swearing  to 
the  invoice”  shall  be  revoked. 

Special  agents,  confidential  agents,  and  others  sent  by  the  Treasury  Depart- 
ment to  investigate  questions  bearing  upon  customs  administration  shall  be  ac- 
credited to  the  German  Government  through  the  Department  of  State  at 
Washington  and  the  Foreign  Office  at  Berlin,  and  such  agents  shall  cooperate 
with  the  several  chambers  of  commerce  located  in  the  territory  apportioned  to 
such  agents.  It  is  hereby  understood  that  the  general  principle  as  to  personw 
gratw  shall  apply  to  these  officials. 

The  certificates  as  to  value  issued  by  German  chambers  of  commerce  shall 
be  accepted  by  appraisers  as  competent  evidence  and  be  considered  by  them  in 
connection  with  such  other  evidence  as  may  be  adduced. 

George  B.  Cortelyou,  Secretary. 


[Appendix  IV.] 

EXECUTIVE  ORDER. 

The  Consular  Regulations  of  1896  are  hereby  amended  as  follows : 

The  practice  in  regard  to  “personal  appearance  before  consul,”  “original 
bills,  “ declaration  of  name  of  ship,”  shall  be  made  uniform  in  the  sense — 

1.  That  the  personal  appearance  before  the  consular  officer  shall  be  demanded 
only  in  exceptional  cases,  where  special  reasons  require  a personal  explanation. 

2.  That  the  original  bills  are  only  to  be  requested  in  cases  where  invoices  pre- 
sented to  the  consular  officer  for  authentication  include  goods  of  various  kinds 
that  have  been  purchased  from  different  manufacturers  at  places  more  or  less 
remote  from  the  consulate  and  that  these  bills  shall  be  returned  after  inspec- 
tion by  the  consular  officer. 

3.  That  the  declaration  of  the  name  of  the  ship  in  the  invoice  shall  be  dis- 
pensed with  whenever  the  exrKirter  at  the  time  the  invoice  is  presented  for  au- 
thentication is  unable  to  name  the  ship. 

24449— VOL  1—10 37 


578 


TREATIES,  CONVENTIONS,  ETC. 


Paragraph  678  of  such  regulations,  as  amended  March  1,  1906,  is  further 
amended  by  striking  out  the  words: 

“ Whenever  the  invoice  is  presented  to  be  consulated  in  a country  other  than 
the  one  from  which  the  merchandise  is  being  directly  exported  to  the  United 
States.” 

And  by  inserting  after  the  first  sentence  the  following  clause : 

“As  place,  in  which  the  merchandise  was  purchased,  is  to  be  considered  the 
place  where  the  contract  was  made,  whenever  this  was  done  at  the  place  where 
the  exporter  has  his  office.” 

So  that  the  entire  paragraph  shall  read  as  follows : 

“ 678.  Invoices  of  merchandise  purchased  for  export  to  the  United  States 
must  be  produced  for  certification  to  the  consul  of  the  district  at  which  the 
merchandise  was  purchased,  or  in  the  district  in  which  it  was  manufactured, 
but  as  a rule  consular  officers  shall  not  require  the  personal  attendance  at  his 
office  of  the  shipper,  purchaser,  manufacturer,  owner,  or  his  agent,  for  the  pur- 
pose of  making  declarations  to  invoices,  but  he  shall  certify  invoices  sent  to  him 
through  the  mails  or  by  messenger.  As  place,  in  which  the  merchandise  was 
purchased,  is  to  be  considered  the  place  w’here  the  contract  was  made,  when- 
ever this  was  done  at  the  place  where  the  exporter  has  his  office.  To  conform 
to  the  statute  which  requires  that  merchandise  shall  be  invoiced  at  the  market 
value  or  wholesale  price  of  such  merchandise  as  bought  and  sold  in  usual  whole- 
sale quantities  at  the  time  of  exportation  to  the  United  States,  in  the  principal 
markets  of  the  country  whence  imported,  consuls  will  certify  to  invoices,  the 
additional  cost  of  transportation  from  the  place  of  manufacture  to  the  place  of 
shipment.” 

Paragraph  681  of  the  Consular  Regulations  of  1896  relative  to  “swearing  to 
the  invoice  ” is  hereby  revoked. 

Paragraph  674  of  the  Consular  Regulations  of  1896  is  amended  so  that  the 
statements  provided  for  in  Section  8 of  the  Customs  Administrative  Act  are  not 
to  be  required  by  consular  officers  except  upon  the  request  of  the  appraiser  of 
the  port,  after  entry  of  the  goods. 

THEODORE  ROOSEVELT: 

The  White  House, 

June  1,  1907. 


1909. 

Patent  Convention. 

Concluded  Fehruary  23,  1909;  ratification  advised  hy  the  Senate 
April  15,  1909 ; ratified  5y  the  President  April  20,  1909;  ratifica- 
tions exchanged  July  11^,  1909;  proclaimed  August  1,  1909. 

Articles. 

I.  Reciprocal  rights.  , III.  Ratification, 

II.  Time  of  taking  effect ; duration.  I 

The  President  of  the  United  States  of  America  and  His  Majesty 
the  German  Emperor,  King  of  Prussia,  in  the  name  of  the  German 
Empire,  led  by  the  wish  to  effect  a full  and  more  operative  reciprocal 
protection  of  patents,  designs,  working  patterns,  and  models  in  the 
two  countries,  have  decided  to  conclude  an  agreement  for  that  pur- 
pose and  have  appointed  as  their  Plenipotentiaries : 

The  President  of  the  United  States  of  America,  Mr.  Robert  Bacon, 
Secretary  of  State  of  the  United  States;  and 

His  Majesty  the  German  Emperor,  King  of  Prussia,  His  Excel- 
lency Count  von  Bernstorlf,  His  Ambassador  Extraordinary  and 
Plenipotentiary  to  the  United  States; 


GERMAN  EMPIRE — 1909. 


579 


Who,  after  having  communicated  each  to  the  other  their  respective 
full  powers,  found  to  be  in  good  and  due  form,  have  agreed  to  the 
following  articles: 

• Article  I. 

The  provisions  of  the  laws  applicable,  now  existing  or  hereafter  to 
be  enacted  of  either  of  the  Contracting  Parties,  under  which  the  non- 
working of  the  patent,  working  pattern  (Gebrauchsmuster) , design 
or  model  carries  the  invalidation  or  some  other  restriction  of  the 
right,  shall  only  be  applied  to  the  patents,  working  patterns  (Ge- 
brauchsmuster), designs  or  models  enjoyed  by  the  citizens  of  the 
other  Contracting  Party  within  the  limits  pf  the  restrictions  imposed 
by  the  said  Party  upon  its  own  citizens.  The  Avorking  of  a patent, 
Avorking  pattern  (Gebrauchsmuster),  design  or  model  in  the  terri- 
tory of  one  of  the  Contracting  Parties  shall  be  considered  as  equiva- 
lent to  its  working  in  the  territory  of  the  other  Party. 

Article  II. 

This  Agreement  shall  take  effect  from  the  date  of  'its  i^romulgation 
and  remain  in  force  until  the  expiration  of  12  months  following  the 
notice  of  termination  given  by  one  of  the  Contracting  Parties. 

Article  III. 

The  present  x4.greement  shall  be  ratified  and  the  ratifications  shall 
be  exchanged  at  Washington  as  soon  as  possible. 

In  Avitness  Avhereof  the  respective  Plenipotentiaries  have  executed 
the  present  Agreement  and  affixed  their  seals  thereunto. 

Done  in  duplicate  in  the  English  and  German  languages  at  Wash- 
ington this  23rd  day  of  February,  1909. 

Robert  Bacon  [seal] 

J.  Bernstorff  [seal] 


GREAT  BRITAIN 


UNITED  KINGDOM  OF  GREAT  BRITAIN  AND  IRELAND. 

1782.“ 

Provisional  Articles  Agreed  Upon,  by  and  Between  Richard  Os- 
wald, Esquire,  the  Commissioner  or  His  Britannic  Majesty, 
FOR  Treating  of  Peace,  with  the  Commissioners  of  the  United 
States  of  America,  in  Behalf  of  His  Said  Majesty  on  the  One 
Part,  and  John  Adams,  Benjamin  Franklin,  John  Jay,  and 
Henry  Laurens,  Four  of  the  Commissioners  of  the  Said  States 
FOR  Treating  of  Peace  with  the  Commissioner  of  His  Said  Maj- 
esty, ON  Their  Behalf,  on  the  Other  Part.  To  be  Inserted  in, 
AND  to  Constitute  the  Treaty  of  Peace  Proposed  to  be  Con- 
cluded Between  the  Crown  of  Great  Britain  and  the  Said 
United  States  ; but  which  Treaty  is  not  to  be  Concluded  until 
Terms  of  a Peace  Shall  Be  Agreed  Upon  Between  Great 
Britain  and  France,  and  His  Britannic  Majesty  Shall  Be 
Ready  to  Conclude  Such  Treaty  Accordingly. 


Concluded  November  30^  1782.  Proclamation,  ordered  by  the  Conti- 
nental Congress  April  11,  1783. 

Articles. 


I.  Inclepenclence  acknowledged. 

II.  Boundaries. 

III.  Fishery  rights. 

IV.  Recovei’y  of  debts. 

V.  Restitution  of  estates. 

VI.  Confiscations  and  prosecutions  to 
cease. 


VII.  Withdrawal  of  British  armies. 
^'III.  Navigation  Df  the  Mississippi 
River. 

IX.  Restoration  of  territory. 
Separate  Article.  Boundary  of  AVest 
Florida. 


MTiereas  reciprocal  advantages  and  mutual  convenience  are  found 
by  experience  to  form  the  only  permanent  foundation  of  jieace  and 
friendship  between  States,  it  is  agreed  to  form  the  articles  of  the 


® Note  concerning  treaties  with  Great  Britain  of  1782,  1783,  1794  and  the 
additional  and  explanatory  articles  thereto,  and  1802. 

In  response  to  an  inquiry  as  to  whether  these  treaties,  so  far  as  they  were 
not  fully  executed,  terminated  by  the  war  of  1812,  the  Department  of  State,  in 
a communication  addressed  to  AAL  AI.  Alalloy,  dated  January  20,  1910,  replied  as 
follows : 

“ AA^ith  respect  to  the  British  treaties  mentioned,  you  are  informed  that  they 
were  claimed  by  Great  Britain,  after  the  conclusion  of  the  treaty  of  Ghent,  to 
have  been  terminated  by  the  war  of  1812.  In  a note  from  Lord  Bathurst  to 
John  Quincy  Adams  it  is  stated,  ‘She  (Great  Britain)  knows  of  no  exception 
to  the  rule  that  all  treaties  are  put  an  end  to  by  a subsequent  war  between 
the  same  parties,’  (.American  State  Papers,  vol.  4,  p.  354.)  .Against  this  view 
of  the  British  Government  and  its  unqualified  expression  the  United  States 
protested.  (On  the  effect  of  war  on  treaties,  see  Aloore’s  Digest  International 
Law,  vol,  5,  p.  372,)” 

See  also  decision  of  Supreme  Court  of  United  States  (Society  for  Propaga- 
tion of  Gospel  V.  New  Haven,  S AA’heaton,  464)  as  to  effect  of  war  of  1812  on 
treaties  with  Great  Britain. 


580 


GREAT  BRITAIN 1782. 


581 


proposed  treaty  on  such  principles  of  liberal  equity  and  reciprocity, 
as  that  partial  advantages  (those  seeds  of  discord)  being  excluded, 
such  a beneficial  and  satisfactory  intercourse  between  the  two  coun- 
tries may  be  established  as  to  promise  and  secure  to  both  perpetual 
peace  and  harmony. 

Article  I. 

His  Britannic  Majesty  acknowledges  the  said  United  States,  viz., 
New  Hampshire,  Massachuset’s  Bay,  Rhode  Island  and  Providence 
Plantations,  Connecticut,  New  York,  New  Jersey,  Pennsylvania,  Del- 
aware, Maryland,  Virginia,  North  Carolina,  South  Carolina,  and 
Georgia,  to  be  free,  sovereign  and  independent  States ; that  he  treats 
with  them  as  such,  and  for  himself,  his  heirs  and  successors,  relin- 
quishes all  claims  to  the  Government,  propriety  and  territorial  rights 
of  the  same,  and  every  part  thereof;  and  that  all  disputes  which 
might  arise  in  future  on  the  subject  of  the  boundaries  of  the  said 
United  States  may  be  prevented,  it  is  hereby  agreed  and  declared 
that  the  following  are  and  shall  be  their  boundaries,  viz : 

Article  II. 

From  the  northwest  angle  of  Nova  Scotia,  viz.,  that  angle  which  is 
formed  by  a line  drawn  due  north  from  the  source  of  St.  Croix  River 
to  the  Highlands ; along  the  Highlands  which  divide  those  rivers  that 
empty  themselves  into  the  river  St.  Lawrence,  from  those  which  fall 
into  the  Atlantic  Ocean,  to  the  northwesternmost  head  of  Connecticut 
River;  thence  down  along  the  middle  of  that  river  to  the  45th  degree 
of  north  latitude;  from  thence,  by  a line  due  west  on  said  latitude 
untill  it  strikes  the  river  Iroquois  or  Cataraquy ; thence  along  the  mid- 
dle of  said  river  into  Lake  Ontario,  through  the  middle  of  said  lake 
untill  it  strikes  the  communication  by  water  between  that  lake  and 
Lake  Erie ; thence  along  the  middle  of  said  communication  into  Lake 
Erie,  through  the  middle  of  said  lake  untill  it  arrives  at  the  water 
communication  between  that  lake  and  Lake  Huron ; thence  along  the 
middle  of  said  water  communication  into  the  Lake  Huron;  thence 
through  the  middle  of  said  lake  to  the  water  communication  between 
that  lake  and  Lake  Superior;  thence  through  Lake  Superior  north- 
ward of  the  isles  Royal  and  Phelippeaux,  to  the  Long  Lake;  thence 
through  the  middle  of  said  Long  Lake,  and  the  water  communication 
between  it  and  the  Lake  of  the  Woods,  to  the  said  Lake  of  the  Woods ; 
thence  through  the  said  lake  to  the  most  northwestern  point  thereof, 
and  from  thence  on  a due  west  course  to  the  river  Mississippi ; thence 
by  a line  to  be  drawn  along  the  middle  of  the  said  river  Mississippi 
untill  it  shall  intersect  the  northernmost  part  of  the  31st  degree  of 
north  latitude.  South,  by  a line  to  be  drawn  due  east  from  the  de- 
termination of  the  line  last  mentioned,  in  the  latitude  of  31  degrees 
north  of  the  equator,  to  the  middle  of  the  river  Apalachicola  or  Cata- 
houche ; thence  along  the  middle  thereof  to  its  junction  with  the  Flint 
River;  thence  strait  to  the  head  of  St.  Mary’s  River;  and  thence 
down  along  the  middle  of  St.  Mary’s  River  to  the  Atlantic  Ocean. 
East,  by  a line  to  be  drawn  along  the  middle  of  the  river  St.  Croix, 
from  its  mouth  in  the  bay  of  Fundy  to  its  source,  and  from  its  source 
directly  north  to  the  aforesaid  highlands  which  divide  the  rivers  that 
fall  into  the  Atlantic  Ocean,  from  those  which  fall  into  the  river  St. 
Laurence;  comprehending  all  islands  within  twenty  leagues  of  any 


582 


TREATIES,  CONVENTIONS,  ETC. 


part  of  the  shores  of  the  United  States,  and  lying  between  lines  to  be 
drawn  due  east  from  the  points  where  the  aforesaid  boundaries  be- 
tween Nova  Scotia  on  the  one  part,  and  East  Florida  on  the  other, 
shall  respectively  touch  the  bay  of  Fundy  and  the  Atlantic  Ocean; 
excepting  such  islands  as  now  are,  or  heretofore  have  been,  within  the 
limits  of  the  said  province  of  Nova  Scotia. 

Article  III. 

It  is  agreed  that  the  people  of  the  United  States  shall  continue  to 
enjoy  unmolested  the  right  to  take  fish  of  every  kind  on  the  Grand 
Bank,  and  on  all  the  other  banks  of  Newfoundland;  also  in  the 
Gulph  of  St.  Lawrence,  and  at  all  other  places  in  the  sea,  where  the 
inhabitants  of  both  countries  used  at  any  time  heretofore  to  fish; 
and  also  that  the  inhabitants  of  the  United  States  shall  have  liberty 
to  take  fish  of  every  kind  on  such  part  of  the  coast  of  Newfoundland 
as  British  fishermen  shall  use,  (but  not  to  dry  or  cure  the  same  on 
that  island;)  and  also  on  the  coasts,  bays  and  creeks  of  all  other  of 
his  Britannic  Majesty’s  dominions  in  America ; and  that  the  Ameri- 
can fishermen  shall  have  liberty  to  dry  and  cure  fish  in  any  of  the 
unsettled  bays,  harbours  and  creeks  of  Nova  Scotia,  Magdalen 
Islands,  and  Labrador,  so  long  as  the  same  shall  remain  unsettled; 
but  so  soon  as  the  same  or  either  of  them  shall  be  settled,  it  shall  not 
be  lawful  for  the  said  fishermen  to  dry  or  cure  fish  at  such  settle- 
ment, without  a previous  agreement  for  that  jiurpose  with  the  inhabi- 
tants, proprietors  or  possessors  of  the  ground. 

Article  IV. 

It  is  agreed  that  creditors  on  either  side  shall  meet  with  no  lawful 
impediment  to  the  recovery  of  the  full  value  in  sterling  money  of  all 
hona  -fide  debts  heretofore  contracted. 

Article  V. 

It  is  agreed  that  the  Congress  shall  earnestly  recommend  it  to  the 
legislatures  of  the  respective  States  to  provide  for  the  restitution  of 
all  estates,  rights  and  properties  which  have  been  confiscated,  belong- 
ing to  real  British  subjects,  and  also  of  the  estates,  rights  and  prop- 
erties of  persons  resident  in  districts  in  the  possession  oi  His 
Majesty’s  arms,  and  who  have  not  borne  arms  against  the  said  United 
States:  And  that  persons  of  any  other  description  shall  have  free 
liberty  to  go  to  any  part  or  parts  of  any  of  the  thirteen  United 
States,  and  therein  to  remain  twelve  months  unmolested  in  their  en- 
deavours to  obtain  the  restitution  of  such  of  their  estates,  rights  and 
properties  as  may  have  been  confiscated : And  that  Congress  shall 
also  earnestly  recommend  to  the  several  States  a reconsideration  and 
revision  of  all  acts  or  laws  regarding  the  premises,  so  as  to  render 
the  said  laws  or  acts  perfectly  consistent,  not  only  with  justice  and 
equity,  but  with  that  spirit  of  conciliation  which,  on  the  return  of  the 
blessings  of  peace,  should  universally  prevail : And  that  Congress 
shall  also  earnestly  recommend  to  the  several  States  that  the  estates, 
rights  and  properties  of  such  last-mentioned  persons  shall  be  restored 
to  them,  they  refunding  to  any  persons  who  may  be  now  in  posses- 
sion the  hona  fide  price  (where  any  has  been  given)  which  such  per- 
sons may  have  paid  on  purchasing  any  of  the  said  lands,  rights  and 


GREAT  BRITAIN — 1782. 


583 


properties  since  the  confiscation.  And  it  is  agreed  that  all  persons 
who  have  any  interest  in  confiscated  lands,  either  by  debts,  marriage 
settlements  or  otherwise,  shall  meet  with  no  lawful  impediment  in  the 
prosecution  of  their  just  rights. 

Article  VI. 

That  there  shall  be  no  future  confiscations  made,  nor  any  prosecu- 
tions commenced  against  any  person  or  persons  for  or  by  reason  of 
the  part  which  he  or  they  may  have  taken  in  the  present  war,  and 
that  no  person  shall,  on  that  account,  suffer  any  future  loss  or  damage, 
either  in  his  person,  liberty  or  property ; and  that  those  who  may  be 
in  confinement  on  such  charges,  at  the  time  of  the  ratification  of  the 
treaty  in  America,  shall  be  immediately  set  at  liberty,  and  the  prose- 
cutions so  commenced  be  discontinued. 

Article  VII. 

There  shall  be  a firm  and  perpetual  peace  between  His  Britannic 
Majesty  and  the  said  States,  and  between  the  subjects  of  the  one  and 
the  citizens  of  the  other,  wherefore  all  hostilities,  both  by  sea  and 
land,  shall  then  immediately  cease : All  prisoners,  on  both  sides,  shall 
be  set  at  liberty;  and  His  Britannic  Majesty  shall,  with  all  conven- 
ient speed,  and  without  causing  any  destruction,  or  carrying  away 
any  negroes  or  other  property  of  the  American  inhabitants,  withdraw 
all  his  armies,  garrisons  and  fleets  from  the  said  United  States,  and 
from  every  port,  place  and  harbour  within  the  same,  leaving  in  all 
fortifications  the  American  artillery  that  may  be  therein ; and  shall 
also  order  and  cause  all  archives,  records,  deeds  and  papers  belonging 
to  any  of  the  said  States  or  their  citizens,  which  in  the  course  of  the 
war  may  have  fallen  into  the  hands  of  his  officers,  to  be  forthwith 
restored  and  delivered  to  the  proper  States  and  persons  to  whom  they 
belong. 

Article  VIII. 

The  navigation  of  the  river  Mississippi,  from  its  source  to  the 
ocean,  shall  forever  remain  free  and  open  to  the  subjects  of  Great 
Britain  and  the  citizens  of  the  United  States. 


Article  IX. 

In  case  it  should  so  happen  that  any  place  or  territory  belonging  to 
Great  Britain  or  to  the  United  States  should  be  conquered  by  the 
arms  of  either  from  the  other,  before  the  arrival  of  these  articles  in 
America,  it  is  agreed  that  the  same  shall  be  restored  without  difficulty 
and  without  requiring  any  compensation. 

Done  at  Paris  the  thirtieth  day  of  November,  in  the  year  one  thou- 
sand seven  hundred  and  eighty-two. 

[seal.]  Richard  Oswald, 

[seal.]  John  Adams. 

[seal.]  B.  Franklin, 

[seal.]  John  Jay. 

[seal.]  Henry  Laurens. 

Witness:  Caleb  Whitefoord, 

Sec’y  to  the  British  Commission. 

W.  T.  Franklin, 

SeCy  to  the  American  C ommission. 


584 


TREATIES,  CONVENTIONS,  ETC. 


SEPARATE  ARTICLE. 


It  is  hereby  understood  and  agreed  that  in  case  (Ireat  Britain,  at 
the  conclusion  of  the  present  war,  shall  recover,  or  be  put  in  possession 
of  West  Florida,  the  line  of  north  boundary  between  the  said  prov- 
ince and  the  United  States  shall  be  a line  drawn  from  the  mouth  of 
the  river  Yassous,  where  it  unites  with  the  Mississippi,  due  east,  to 
the  river  Apalachicola. 

Done  at  Paris  the  thirtieth  day  of  November,  in  the  year  one  thou- 
sand seven  hundred  and  eighty-two. 


[seal.] 

[seal.] 

[seal.] 

[seal.] 

[seal.] 

Attest : Caleb  Whitefoord, 

Sec’y  to  the  British  C ommission. 
W.  T.  Franklin, 

Sec’y  to  the  American  C ommission. 


Richard  Oswald. 
John  Adams. 

B.  Franklin. 
John  Jay. 

Henry  Laurens. 


1783. 

Armistice  Declaring  a Cessation  or  Hostilities. 

C oncluded  January  £0, 1783. 

We,  the  undersigned  Ministers  Plenipotentiary  of  the  United  States 
of  North  America,  having  received  from  Mr.  Fitz  Herbert,  Minister 
Plenipotentiary  of  his  Britannic  Majesty,  a declaration  relative  to  a 
suspension  of  arms  to  be  established  between  his  said  Majesty  and  the 
said  States,  the  tenor  whereof  is  as  follows : 

“ IVhereas  the  preliminary  articles  agreed  upon  and  signed  this 
day,  between  his  Majesty  the  King  of  Great  Britain  and  his  Majesty 
the  Most  Christian  King  on  the  one  part,  and  likewise  between  his 
said  Britannic  Majesty  and  his  Catholic  Majesty  on  the  other  part, 
contain  the  stipulation  of  a cessation  of  hostilities  between  those 
three  Powers,  which  is  to  take  place  after  the  exchange  of  the  ratifica- 
tions of  the  said  preliminary  articles : And  whereas,  by  the  provisional 
treaty  signed  on  the  thirtieth  day  of  November  last,  between  His 
Britannic  Majesty  and  the  United  States  of  North  America,  it  hath 
been  stipulated  that  that  treaty  should  take  effect  as  soon  as  peace 
should  be  established  between  the  said  Crowns : The  undersigned  Min- 
ister Plenijiotentiary  of  His  Britannic  Majesty  does  declare,  in  the 
name  and  by  the  express  order  of  the  King,  his  master,  that  the  said 
United  States  of  North  America,  their  subjects,  and  their  possessions, 
shall  be  comprehended  in  the  above-mentioned  suspension  of  arms, 
and  that  in  consequence  they  shall  enjoy  the  benefit  of  the  cessation  of 
hostilities  at  the  same  epochs  and  in  the  same  manner  as  the  three 
Crowns  above  mentioned,  their  subjects,  and  their  respective  posses- 
sions; the  Avhole  upon  condition  that  on  the  part  and  in  the  name  of 
the  said  United  States  of  North  America,  a similar  declaration  shall 
be  delivered,  expressly  declaring  their  assent  to  the  present  suspen- 
sion of  arms,  and  contain’g  the  assurance  of  the  most  perfect  reci- 
procity on  their  part. 


GREAT  BRITAIN 1783. 


585 


“ In  faith  whereof  we,  the  Minister  Plenipotentiar}^  of  His  Bri- 
tannic Majesty,  have  signed  the  present  declaration,  and  have  caused 
the  seal  of  our  arms  to  be  thereto  affixed. 

“ Versailles,  Jmx’y  20,  1783. 

(Signed)  “ALLEYNE  FITZ  HEKBERT.  [seal.] 

Have,  in  the  name  of  the  said  United  States  of  North  America,  and 
by  virtue  of  the  powers  with  which  they  have  vested  us,  accepted  the 
above  declaration,  do  by  these  presents  merely  and  simply  accept  it, 
and  do  reciiirocally  declare  that  the  said  States  shall  cause  all  hostili- 
ties to  cease  against  his  Britannic  Majesty,  his  subjects,  and  his  posses- 
sions, at  the  terms  and  epochs  agreed  upon  between  his  said  Majesty 
the  King  of  Great  Britain,  His  Alajesty  the  King  of  France,  and  His 
Majesty  the  King  of  Spain,  so,  and  in  the  same  manner,  as  has  been 
agreed  between  those  three  Crowns,  and  to  produce  the  same  effects. 

In  faith  whereof  we,  the  Ministers  Plenipotentiary  of  the  United 
States,  North  America,  have  signed  the  present  declaration,  and  have 
affixed  thereto  the  seal  of  our  arms. 

Versailles,  January  20,  1783. 

[seal.]  John  Adams. 

[seal.]  B.  Franklin. 


Copy  of  the  first  and  twenty-second  of  the  preliminary  articles,  be- 
tween France  and  Great  Britain,  signed  at  Versailles  the  20th 
January,  1783. 

Article  I. 

As  soon  as  the  preliminaries  shall  be  signed  and  ratified,  sincere 
friendship  shall  be  re-established  between  His  Most  Christian  Majesty 
and  His  Britannic  Majesty,  their  kingdoms,  states,  and  subjects,  by 
sea  and  by  land,  in  all  parts  of  the  world ; orders  shall  be  sent  to  the 
armies  and  squadrons,  as  well  as  to  the  subjects  of  the  two  Powers,  to 
cease  all  hostilities  and  to  live  in  the  most  perfect  union,  forgetting 
the  past,  according  to  the  order  and  example  of  their  sovereigns ; and 
for  the  execution  of  this  article  sea-passes  shall  be  given  on  each  side 
to  the  ships  which  shall  be  dispatched  to  carry  the  news  to  the  pos- 
sessions of  the  said  Powers. 

Article  XXII. 

To  prevent  all  the  causes  of  complaint  and  dispute  which  might 
arise  on  account  of  the  prizes  which  may  be  taken  at  sea  after  the 
signing  of  these  preliminary  articles,  it  is  reciprocally  agreed  that  the 
vessels  and  effects  which  may  be  taken  in  the  Channel  and  in  the 
North  Seas,  after  the  space  of  twelve  da3!'s,  to  be  computed  from  the 
ratification  of  the  present  preliminary  articles,  shall  be  restored  on 
each  side.  That  the  term  shall  be  of  one  month  from  the  Channel 
and  the  North  Seas  to  the  Canary  Islands  inclusively,  whether  in  the 
ocean  or  in  the  Mediterranean ; of  two  months  from  the  said  Canary 
Islands  to  the  equinoxial  line  or  equator;  and  lastly,  of  five  months  in 
all  other  parts  of  the  world  without  any  exception,  nor  other  more 
particular  distinction  of  times  and  places. 


I 

1 


586 


TREATIES,  CONVENTIONS,  ETC. 


1783 


Definitive  Treaty  of  Peace.“,  ® 


C oncluded  at  Paris  September  3,  1783;  raiified  by  Congress  January 
IJf,  178 J).;  proclaimed  January  11^,  178 J^. 


Articles. 


I.  Independence  acknowledged. 
II.  Boundaries. 

III.  Fishery  rights. 

IV.  Recovery  of  debts. 

V.  Restitution  of  estates. 


VII.  Withdrawal  of  British  armies. 
VIII.  Navigation  of  the  Mississippi 


River. 

IX.  Restoration  of  territory. 
X.  Ratification. 


VI.  Confiscations  and  prosecutions  to 
cease. 

In  the  name  of  the  Most  Holy  and  Undivided  Trinity. 

It  having  pleased  the  Divine  Providence  to  dispose  the  hearts  of 
the  most  serene  and  most  potent  Prince  George  the  Third,  by  the 
Grace  of  God  King  of  Great  Britain,  France,  and  Ireland,  Defender 
of  the  Faith,  Duke  of  Brunswick  and  Luneburg,  Arch-Treasurer  and 
Prince  Elector  of  the  Holy  Roman  Empire,  &ca.,  and  of  the  United 
States  of  America,  to  forget  all  past  misunderstandings  and  differ- 
ences that  have  unhappily  interrupted  the  good  correspondence  and 
friendship  which  they  mutually  wish  to  restore;  and  to  establish 
such  a beneficial  and  satisfactory  intercourse  between  the  two  coun- 
tries, upon  the  ground  of  reciprocal  advantages  and  mutual  conven- 
ience, as  may  promote  and  secure  to  both  perpetual  jieace  and  har- 
mony : And  having  for  this  desirable  end  already  laid  the  foundation 
of  peace  and  reconciliation,  by  the  provisional  articles,  signed  at 
Paris,  on  the  30th  of  Nov’r,  1782,  by  the  commissioners  empowered 
on  each  part,  which  articles  were  agreed  to  be  inserted  in  ancl  to  con- 
stitute the  treaty  of  peace  proposed  to  be  concluded  between  the 
Crown  of  Great  Britain  and  the  said  United  States,  but  which  treaty 
was  not  to  be  concluded  until  terms  of  peace  should  be  agreed  upon 
between  Great  Britain  and  Erance,  and  His  Britannic  Majesty  should 
be  ready  to  conclude  such  treaty  accordingly ; and  the  treaty  between 
Great  Britain  and  France  having  since  been  concluded.  His  Britannic 
Majesty  and  the  United  States  of  America,  in  order  to  carry  into  full 
effect  the  provisional  articles  above  mentioned,  according  to  the  tenor 
thereof,  have  constituted  and  appointed,  that  is  to  say.  His  Britannic 
Majesty  on  his  part,  David  Hartley,  esqr.,  member  of  the  Parliament 

® See  note  concerning  treaties  of  1782,  1783,  1794,  and  1802.  Page  580. 

**  Federal  cases:  Repnblica  v.  Gordon  (1  Dali.,  233),  Georgia  v.  Brailsford  (3 
Dali.,  1),  Ware  v.  Hylton  (3  Dali.,  199),  Hunter  v.  Fairfax  (3  Dali.,  305), 
Hopkirk  v.  Bell  (3  Crancb,  4.54,  4 Cranch,  164),  M'llvaine  v.  Coxe’s  Lessee 
(4  Cranch,  209),  Higginson  r.  Mein  (4  Cranch,  415),  Owings  v.  Norwood’s 
I.essee  (5  Crancb,  344),  Smith  r.  Maryland  (6  Cranch,  286),  Fairfax  v. 
Hunter  (7  Cranch,  603),  Martin  v.  Hunter’s  Lessee  (1  Wheat.,  304),  Orr  v. 
Hodgson  (4  Wheat.,  453),  Blight’s  Lessee  v.  Rochester  (7  Wheat.,  535),  Society 
for  Propagation  of  the  Gospel  v.  New  Haven  (8  Wheat.,  464),  Harcourt  v. 
Gaillard  (12  Wheat.,  523),  Shanks  v.  Dupont  (3  Pet.,  242),  Carver  v.  Jackson 
(4  Pet.,  1),  U.  S.  V.  Repentigny  (5  Wall.,  211),  Hylton’s  Lessee  v.  Brown  (1 
Wash.  C.  C.,  298,  343),  Gordon’s  Lessee  v.  Kerr(  1 Wash.  C.  C.,  322),  Fisher  v. 
Hamden  (1  Paine  C.  C.,  55),  Jones  v.  Walker  (2  Paine  C.  C.,  688),  Dunlop  v. 
Alexander  (1  Cranch  C.  C.,  498). 


GREAT  BRITAIN 1783. 


587 


of  Great  Britain;  and  the  said  United  States  on  their  part,  John 
Adams,  esqr.,  late  a commissioner  of  the  United  States  of  America  at 
the  Court  of  Versailles,  late  Delegate  in  Congress  from  the  State  of 
Massachusetts,  and  chief  justice  of  the  said  State,  and  Minister  Pleni- 
potentiary of  the  said  United  States  to  their  High  Mightinesses  the 
States  General  of  the  United  Netherlands;  Benjamin  Franklin, 
esq’re,  late  Delegate  in  Congress  from  the  State  of  Pennsylvania, 
president  of  the  convention  of  the  said  State,  and  Minister  Plenipo- 
tentiary from  the  United  States  of  America  at  the  Court  of  Ver- 
sailles; John  Jay,  esq’re,  late  president  of  Congress,  and  chief  justice 
of  the  State  of  New  York,  and  Minister  Plenipotentiary  from  the  said 
United  States  at  the  Court  of  Madrid,  to  be  the  Plenipotentiaries  for 
the  concluding  and  signing  the  present  definitive  treaty ; who,  after 
having  reciprocally  communicated  their  respective  full  powers,  have 
agreed  upon  and  confirmed  the  following  articles: 

Article  I. 

His  Britannic  Majesty  acknowledges  the  said  United  States,  viz. 
New  Hampshire,  Massachusetts  Bay,  Khode  Island,  and  Providence 
Plantations,  Connecticut,  New  York,  New  Jersey,  Pennsylvania,  Del- 
aware, Maryland,  Virginia,  North  Carolina,  South  Carolina,  and 
Georgia,  to  be  free,  sovereign  and  independent  States ; that  he  treats 
with  them  as  such,  and  for  himself,  his  heirs  and  successors,  relin- 
quishes all  claims  to  the  Government,  propriety  and  territorial  rights 
of  the  same,  and  every  part  thereof. 

Article  II. 

And  that  all  disputes  which  might  arise  in  future,  on  the  subject  of 
the  boundaries  of  the  said  United  States  may  be  prevented,  it  is 
hereby  agreed  and  declared,  that  the  following  are,  and  shall  be  their 
boundaries,  viz:  From  the  northwest  angle  of  Nova  Scotia,  viz.  that 
angle  which  is  formed  by  a line  drawn  due  north  from  the  source  of 
Saint  Croix  River  to  the  Highlands ; along  the  said  Highlands  which 
divide  those  rivers  that  empty  themselves  into  the  river  St.  Lawrence, 
from  those  which  fall  into  the  Atlantic  Ocean,  to  the  northwestern- 
most  head  of  Connecticut  River;  thence  down  along  the  middle  of 
that  river,  to  the  forty-fifth  degree  of  north  latitude ; from  thence,  by 
a line  due  west  on  said  latitude,  until  it  strikes  the  river  Iroquois  or 
Cataraquy ; thence  along  the  middle  of  said  river  into  Lake  Ontario, 
through  the  middle  of  said  lake  until  it  strikes  the  communication  by 
water  between  that  lake  and  Lake  Erie ; thence  along  the  middle  of 
said  communication  into  Lake  Erie,  through  the  middle  of  said  lake 
until  it  arrives  at  the  water  communication  between  that  lake  and 
Lake  Huron ; thence  along  the  middle  of  said  water  communication 
into  the  Lake  Huron ; thence  through  the  middle  of  said  lake  to  the 
water  communication  between  that  lake  and  Lake  Superior;  thence 
through  Lake  Superior  northward  of  the  Isles  Royal  and  Phelipeaux, 
to  the  Long  Lake ; thence  through  the  middle  of  said  Long  Lake,  and 
the  water  communication  between  it  and  the  Lake  of  the  Woods,  to  the 
said  Lake  of  the  Woods;  thence  through  the  said  lake  to  the  most 
northwestern  point  thereof,  and  from  thence  on  a due  west  course  to 
the  river  Mississippi ; thence  by  a line  to  be  drawn  along  the  middle  of 
the  said  river  Mississippi  until  it  shall  intersect  the  northernmost  part 


588 


TREATIES,  CONVENTIONS,  ETC. 


of  the  thirty-first  degree  of  north  latitude.  South,  by  a line  to  be 
draivn  due  east  from  the  determination  of  the  line  last  mentioned,  in 
the  latitude  of  thirty-one  degrees  north  of  the  Equator,  to  the  middle 
of  the  rii'er  Apalachicola  or  Catahouche;  thence  along  the  middle 
thereof  to  its  junction  with  the  Flint  Kiver ; thence  strait  to  the  head 
of  St.  Mary’s  River;  and  thence  down  along  the  middle  of  St.  Mary's 
River  to  the  Atlantic  Ocean.  East,  a line  to  be- drawn  along  the 
middle  of  the  river  St.  Croix,  from  its  mouth  in  the  Bay  of  Fundy  to 
its  source,  and  from  its  source  directly  north  to  the  aforesaid  High- 
lands, Avhich  divide  the  rivers  that  fall  into  the  Atlantic  Ocean  from 
those  which  fall  into  the  river  St.  Lawrence;  comprehending  all 
islands  within  twenty  leagues  of  any  part  of  the  shores  of  the  United 
States,  and  lying  between  lines  to  be  drawn  due  east  from  the  points 
where  the  aforesaid  boundaries  between  Nova  Scotia  on  the  one  part, 
and  East  Florida  on  the  other,  shall  respectively  touch  the  Bay  of 
F undy  and  the  Atlantic  Ocean ; excepting  such  islands  as  now  are,  or 
heretofore  have  been,  within  the  limits  of  the  said  province  of  Nova 
Scotia. 

Article  III. 

It  is  agreed  that  the  people  of  the  United  States  shall  continue  to 
enjoy  unmolested  the  right  to  take  fish  of  ever}^  kind  on  the  Grand 
Bank,  and  on  all  the  other  banks  of  Newfoundland ; also  in  the 
Gulph  of  Saint  Lawrence,  and  at  all  other  places  in  the  sea  where  the 
inhabitants  of  both  countries  used  at  any  time  heretofore  to  fish. 
And  also  that  the  inhabitants  of  the  United  States  shall  have  liberty 
to  take  fish  of  every  kind  on  such  part  of  the  coast  of  Newfound- 
land as  British  fishermen  shall  use  (but  not  to  dry  or  cure  the  same  on 
that  island)  and  also  on  the  coasts,  bays  and  creeks  of  all  other  of 
His  Britannic  Majesty’s  dominions  in  America ; and  that  the  Amer- 
ican fishermen  shall  have  liberty  to  dry  and  cure  fish  in  any  of  the 
unsettled  bays,  harbours  and  creeks  of  Nova  Scotia,  Magdalen 
Islands,  and  Labrador,  so  long  as  the  same  shall  remain  unsettled; 
but  so  soon  as  the  same  or  either  of  them  shall  be  settled,  it  shall  not 
be  lawful  for  the  said  fishermen  to  dry  or  cure  fish  at  such  settle- 
ments, without  a previous  agreement  for  that  purpose  with  the 
inhabitants,  iiroprietors  or  possessors  of  the  ground. 

Artici.e  IV. 

It  is  agreed  that  creditors  on  either  side  shall  meet  with  no  lawful 
impediment  to  the  recovery  of  the  full  value  in  sterling  money,  of 
all  bona  fide  debts  heretofore  contracted. 

Article  V. 

It  is  agreed  that  the  CongTess  shall  earnestly  recommend  it  to  the 
legislatures  of  the  respective  States,  to  provide  for  the  restitution 
of  all  estates,  rights  and  properties  which  have  been  confiscated, 
belonging  to  real  British  subjects,  and  also  of  the  estates,  rights  and 
properties  of  persons  resident  in  districts  in  the  possession  of  His 
Majesty’s  arms,  and  who  have  not  borne  arms  against  the  said 
United  States.  And  that  persons  of  any  other  description  shall  have 
free  liberty  to  go  to  any  part  or  parts  of  any  of  the  thirteen  United 
States,  and  therein  to  remain  twelve  months,  unmolested  in  their 
endeavours  to  obtain  the  restitution  of  such  of  their  estates,  rights  and 


GREAT  BRITAIN 1783. 


589 


properties  as  may  have  been  confiscated;  and  that  Congress  shall 
also  earnestly  recommend  to  the  several  States  a reconsideration  and 
revision  of  all  acts  or  laws  regarding  the  premises,  so  as  to  render 
the  said  laws  or  acts  perfectly  consistent,  not  only  with  justice  and 
equity,  but  with  that  spirit  of  conciliation  which,  on  the  return  of  the 
blessings  of  peace,  should  universally  prevail.  And  that  Congress 
shall  also  earnestly  recommend  to  the  several  States,  that  the  estates, 
rights  and  properties  of  such  last  mentioned  persons,  shall 'be  re- 
stored to  them,  they  refunding  to  any  persons  who  may  be  now  in 
possession,  the  hona  -fide  price  (where  any  has  been  given)  which 
such  persons  may  have  paid  on  purchasing  any  of  the  said  lands, 
rights  or  properties,  since  the  confiscation.  And  it  is  agreed,  that 
all  persons  who  have  any  interest  in  confiscated  lands,  either  by 
debts,  marriage  settlements  or  otherwise,  shall  meet  with  no  lawful 
impediment  in  the  prosecution  of  their  just  rights. 

Article  VI. 

That  there  shall  be  no  future  confiscations  made,  nor  any  prosecu- 
tions commenc’’d  against  any  person  or  persons  for,  or  by  reason 
of  the  part  which  he  or  they  may  have  taken  in  the  present  war ; and 
that  no  person  shall,  on  that  account,  suffer  any  future  loss  or  dam- 
age, either  in  his  person,  liberty  or  property;  and  that  those  who 
may  be  in  confinement  on  such  charges,  at  the  time  of  the  ratifica- 
tion of  the  treaty  in  America,  shall  be  immediately  set  at  liberty, 
and  the  prosecutions  so  commenced  be  discontinued. 

Article  VII. 

There  shall  be  a firm  and  perpetual  peace  between  His  Britannic 
Majesty  and  the  said  States,  and  between  the  subjects  of  the  one 
and  the  citizens  of  the  other,  wherefore  all  hostilities,  both  by  sea 
and  land,  shall  from  henceforth  cease : All  prisoners  on  both  sides 
shall  be  set  at  liberty,  and  His  Britannic  Majesty  shall,  with  all  con- 
venient speed,  and  without  causing  any  destruction,  or  carrying 
away  any  negroes  or  other  property  of  the  American  inhabitants, 
withdraw  all  his  armies,  garrisons  and  fleets  from  the  said  United 
States,  and  from  every  post,  place  and  harbour  within  the  same; 
leaving  in  all  fortifications  the  American  artillery  that  may  be 
therein:  And  shall  also  order  and  cause  all  archives,  records,  deeds 
and  papers,  belonging  to  any  of  the  said  States,  or  their  citizens, 
which,  in  the  course  of  the  war,  may  have  fallen  into  the  hands  of 
his  officers,  to  be  forthwith  restored  and  deliver’d  to  the  proper  States 
and  persons  to  whom  they  belong. 

Article  VIII. 

The  navigation  of  the  river  Mississippi,  from  its  source  to  the 
ocean,  shall  for  ever  remain  free  and  open  to  the  subjects  of  Great 
Britain,  and  the  citizens  of  the  United  States. 

Article  IX. 

In  case  it  should  so  happen  that  any  place  or  territory  belonging  to 
Great  Britain  or  to  the  United  States,  should  have  been  conquer’d  by 
the  arms  of  either  from  the  other,  before  the  arrival  of  the  said  pro- 
visional articles  in  America,  it  is  agreed,  that  the  same  shall  be  re- 
stored without  difficulty,  and  without  requiring  any  compensation. 


590 


TKBATIES,  CONVENTIONS,  ETC. 
Article  X. 


The  solemn  ratifications  of  the  present  treaty,  expedited  in  good 
and  due  form,  shall  be  exchanged  between  the  contracting  parties,  in 
the  space  of  six  months,  or  sooner  if  possible,  to  be  computed  from  the 
day  of  the  signature  of  the  present  treaty.  In  witness  whereof,  we 
the  undersigned,  their  Ministers  Plenipotentiary,  have  in  their  name 
and  in  virtue  of  our  full  powers,  signed  with  our  hands  the  present 
definitive  treaty,  and  caused  the  seals  of  our  arms  to  be  affix’d  thereto. 

Done  at  Paris,  this  third  day  of  September,  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  eighty-three. 


[seal.] 

[seal.] 

[seal.] 

[seal.] 


D.  Hartley. 
John  Adams. 
B.  Franklin. 
John  Jay. 


1794.“ 

Treaty  of  Amity  Commerce  and  Navigation. 

(JAY  TREATY.) 

Concluded  November  19, 179Jt.;  ratification  advised  by  the  Senate  with 
amendment  June  2 If.,  1795;  ratified  by  the  President;  ratifications 
exchanged  October  28,  1795;  proclaimed  February  29,  1796. 


ARTICLES  : 


I. 

II. 

III. 

IV. 
V. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 

XIV. 
XV. 


Amity. 

Withdrawal  of  forces ; privi- 
leges of  settlers. 

Commerce  and  navigation ; 
duties. 

Survey  of  the  Mississippi. 

St.  Croix  River. 

ludeiimilicalioii  by  United 
States. 

Indemnification  by  Great 
Britain. 

Expenses. 

Land  tenures. 

Private  debts,  etc. 

IJberty  of  navigation  ;iud 
commerce. 

West  India  trade ; duties. 

East  India  trade ; duties. 

Commerce  and  Navigation. 

Discrimination  on  vessels, 
imports,  etc. 


XVI.  Consuls. 

XVH.  Capture  or  detention  of  neu- 
trais. 

XVIII.  Contraband. 

XIX.  Oflicers  and  passengers  on 
neutrals. 

XX.  Pirates. 

XXI.  Commissions  from  foreign 
state. 

XXII.  Reprisals. 

XXIII.  Ships  of  war. 

XXIV.  Foreign  privateers. 

XXV.  Prizes. 

XXVI.  Reciprocal  treatment  of  citi- 
zens in  war. 

XXVII.  Extradition. 

XXVm.  Limitation  of  Article  XII ; 
ratification. 


H is  Britannic  Majesty  and  the  United  States  of  America,  being 
desirous,  by  a treaty  of  amity,  commerce  and  navigation,  to  terminate 


“As  to  effect  of  war  of  1S12  on  this  treaty  see  note  concerning  treaties  of  17S2, 
]7S3,  1794,  and  1802,  page  580. 

® Federal  cases:  Fitzsininions  r.  Newport  Ins.  Co.  (4  Crancb,  185),  Fairfax  v. 
Hunter  (7  Crancb,  G0.3),  Harden  v.  Fisher  (1  Wheat.,  300),  Jackson  v.  Clarke 
(3  Wheat.,  1),  Craig  r.  Radford  (3  Wheat.,  .594),  Orr  r.  Hodgson  (4  Wheat., 
453),  Blight’s  Lessee  r.  Rochester  (7  Wheat.,  535),  Society  for  the  Propagation 
of  the  Gospel  r.  New  Haven  (8  Wheat.,  464),  Hughes  r.  Edwards  (9  Wheat., 
489),  Shanks  v.  Dupont  (3  Pet.,  242),  Forsyth  r.  Reynolds  (15  How.,  358),  U.  S. 
r.  Nash.  (Bee's  Adni.  Rep..  267),  Fisher  t-  Hamden  (1  Paine  C.  C.,  55),  Jackson 
V.  Porter  (1  Paine  C.  C.,  457),  Society  for  the  Propagation  of  the  Gospel  v. 
IVheeler  (2  (iallisoii,  105),  Gray  r.  U.  S.  (21  Ct.  Cl.,  340). 


GREAT  BRITAIN 1794. 


591 


their  difference  in  such  a manner,  as,  without  reference  to  the  merits 
of  their  respective  complaints  and  pretentions,  may  be  the  best  calcu- 
lated to  produce  mutual  satisfaction  and  good  understanding;  and 
also  to  regulate  the  commerce  and  navigation  between  their  respec- 
tive countries,  territories  and  people,  in  such  a manner  as  to  render 
the  same  reciprocally  beneficial  and  satisfactory ; they  have,  respec- 
tively, named  their  Plenipotentiaries,  and  given  them  full  powers  to 
treat  of,  and  conclude  the  said  treaty,  that  is  to  say : 

His'  Britannic  Majesty  has  named  for  his  Plenipotentiary,  the 
Eight  Honorable  William  Wyndham  Baron  Grenville  of  Wotton, 
one  of  His  Majesty’s  Privy  Council,  and  His  Majesty’s  Principal 
Secretary  of  State  for  Foreign  Affairs;  and  the  President  of  the 
said  United  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof,  hath  appointed  for  their  Plenipotentiary,  the  Honorable 
John  Jay,  Chief  Justice  of  the  said  United  States,  and  their  Envoy 
Extraordinary  to  His  Majesty; 

Who  have  agreed  on  and  concluded  the  following  articles: 

Article  I. 

There  shall  be  a firm,  inviolable  and  universal  peace,  and  a true 
and  sincere  friendship  between  His  Britannic  Majesty,  his  heirs  and 
successors,  and  the  United  States  of  America ; and  between  their 
respective  countries,  territories,  cities,  towns  and  people  of  every 
degree,  without  exception  of  persons  or  places. 

Article  II. 

His  Majesty  will  withdraw  all  his  troops  and  garrisons  from  all 
posts  and  places  within  the  boundary  lines  assigned  by  the  treaty  of 
peace  to  the  United  States.  This  evacuation  shall  take  place  on  or 
before  the  first  day  of  June,  one  thousand  seven  hundred  and  ninety- 
six,  and  all  the  proper  measures  shall  in  the  interval  be  taken  by  con- 
cert between  the  Government  of  the  United  States  and  His  Majesty’s 
Governor-General  in  America  for  settling  the  previous  arrangements 
which  may  be  necessary  respecting  the  delivery  of  the  said  posts : The 
United  States  in  the  mean  time,  at  their  discretion,  extending  their 
settlements  to  any  part  within  the  said  boundary  line,  except  within 
the  precincts  or  jurisdiction  of  any  of  the  said  posts.  All  settlers 
and  traders,  within  the  precincts  or  jurisdiction  of  the  said  posts, 
shall  continue  to  enjoy,  unmolested,  all  their  property  of  every  kind, 
and  shall  be  protected  therein.  They  shall  be  at  full  liberty  to  remain 
there,  or  to  remove  with  all  or  any  part  of  their  effects;  and  it  shall 
also  be  free  to  them  to  sell  their  lands,  houses  or  effects,  or  to  retain 
the  property  thereof,  at  their  discretion ; such  of  them  as  shall  con- 
tinue to  reside  within  the  said  boundary  lines,  shall  not  be  compelled 
to  become  citizens  of  the  United  States,  or  to  take  any  oath  of  alle- 
giance to  the  Government  thereof ; but  they  shall  be  at  full  liberty 
so  to  do  if  they  think  proper,  and  they  shall  make  and  declare  their 
election  within  one  year  after  the  evacuation  aforesaid.  And  all 
persons  who  shall  continue  there  after  the  expiration  of  the  said  year, 
without  having  declared  their  intention  of  remaining  subjects  of  His 
Britannic  Majesty,  shall  be  considered  as  having  elected  to  become 
citizens  of  the  United  States. 


592 


TREATIES,  CONVENTIONS,  ETC. 


Article.  III.  i 

It  is  agreed  that  it  shall  at  all  times  be  free  to  His  Majesty’s  sub- 
jects, and  to  the  citizens  of  the  United  States,  and  also  to  the  Indians 
dwelling  on  either  side  of  the  said  boundary  line,  freely  to  pass  and 
rejiass  by  land  or  inland  navigation,  into  the  respective  territories 
and  countries  of  the  two  parties,  on  the  continent  of  America,  (the 
country  within  the  limits  of  the  Hudson’s  Bay  Company  only  ex- 
cepted,) and  to  navigate  all  the  lakes,  rivers  and  waters  thereof,  and 
freely  to  carry  on  trade  and  commerce  with  each  other.  But  it  is 
understood  that  this  article  does  not  extend  to  the  admission  of  ves- 
sels of  the  United  States  into  the  sea-jDorts,  harbours,  bays  or  creeks 
of  His  Majesty’s  said  territories;  nor  into  such  parts  of  the  rivers  in 
His  Majesty’s  said  territories  as  are  between  the  mouth  thereof,  and 
the  highest  port  of  entry  from  the  sea,  except  in  small  vessels  trading 
Ijona  fide  between  Montreal  and  Quebec,  under  such  regulations  as 
shall  be  established  to  prevent  the  possibility  of  any  frauds  in  this 
respect.  Nor  to  the  admission  of  British  vessels  from  the  sea  into 
the  rivers  of  the  United  States,  be^vond  the  highest  ports  of  entry  for 
foreign  vessels  from  the  sea.  The  river  Mississippi  shall,  however, 
according  to  the  treaty  of  peace,  be  entirely  open  to  both  parties;  and 
it  is  further  agreed,  that  all  the  ports  and  places  on  its  eastern  side, 
to  whichsoever  of  the  parties  belonging,  may  freely  be  resorted  to 
and  used  by  both  parties,  in  as  ample  a manner  as  any  of  the  Atlantic 
ports  or  places  of  the  United  States,  or  any  of  the  ports  or  places  of 
His  Majesty  in  Great  Britain. 

All  goods  and  merchandize  whose  importation  into  His  Majesty’s 
said  territories  in  America  shall  not  be  entirely  prohibited,  may 
freely,  for  the  purposes  of  commerce,  be  carried  into  the  same  in  the 
manner  aforesaid,  by  the  citizens  of  the  United  States,  and  such 
goods  and  merchandize  shall  be  subject  to  no  higher  or  other  duties 
than  would  be  payable  by  His  Majesty’s  subjects  on  the  impoi’tation 
of  the  same  from  Europe  into  the  said  territories.  And  in  like  man- 
ner all  goods  and  merchandize  whose  importation  into  the  United 
States  shall  not  be  wholly  prohibited,  ma}^  freely,  for  the  purposes 
of  commerce,  be  carried  into  the  same,  in  the  manner  aforesaid,  by 
His  Majesty’s  subjects,  and  such  goods  and  merchandize  shall  be 
subject  to  no  higher  or  other  duties  than  would  be  pa^^able  by  the  citi- 
zens of  the  United  States  on  the  importation  of  the  same  in  Amer- 
ican vessels  into  the  Atlantic  ports  of  the  said  States.  And  all 
goods  not  prohibited  to  be  exported  from  the  said  territories  respec- 
tively, may  in  like  manner  be  carried  out  of  the  same  by  the  two 
parties  respectively,  paying  duty  as  aforesaid.  _ 

No  duty  of  entry  shall  ever  be  levied  by  either  party  on  peltries 
brought  by  land  or  inland  navigation  into  the  said  territories  respec- 
tively, nor  shall  the  Indians  passing  or  repassing  with  their  own 
proper  goods  and  effects  of  Avhatever  nature,  pay  for  the  same  any 
impost  or  duty  Avhatever.  But  goods  in  bales,  or  other  large  pack- 
ages, unusual  among  Indians,  shall  not  be  considered  as  goods  be- 
longing bona  fide  to  Indians. 

No  higher  or  other  tolls  or  rates  of  ferriage  than  Avhat  are  or  shall 
be  payable  by  natiA^es,  shall  be  demanded  on  either  side;  and  no 
duties  shall  be  payable  on  any  goods  AA’hich  shall  merely  be  carried 
over  any  of  the  portages  or  carrying-places  on  either  side,  for  the 


GREAT  BRITAIN llQi. 


593 


purpose  of  being  immediately  re-embarked  and  carried  to  some  other 
place  or  places.  But  as  by  this  stipulation  it  is  only  meant  to  secure 
to  each  party  a free  passage  across  the  portages  on  both  sides,  it  is 
agreed  that  this  exemption  from  duty  shall  extend  only  to  such 
goods  as  are  carried  in  the  usual  and  direct  road  across  the  portage, 
and  are  not  attempted  to  be  in  any  manner  sold  or  exchanged  during 
their  passage  across  the  same,  and  proper  regulations  may  be  estab- 
lished to  prevent  the  possibility  of  any  frauds  in  this  respect. 

As  this  article  is  intended  to  render  in  a great  degree  the  local  ad- 
vantages of  each  party  common  to  both,  and  thereby  to  promote  a 
disposition  favorable  to  friendshiji  and  good  neighborhood,  it  is 
agreed  that  the  respective  Governments  will  mutually  promote  this 
amicable  intercourse,  by  causing  speedy  and  impartial  justice  to  be 
done,  and  necessary  protection  to  be  extended  to  all  who  may  be  con- 
cerned therein. 

Article  IV. 

Wliereas  it  is  uncertain  whether  the  river  Mississippi  extends  so 
far  to  the  northward  as  to  be  intersected  by  a line  to  be  drawn  due 
west  from  the  Lake  of  the  Woods,  in  the  manner  mentioned  in  the 
treaty  of  iieace  between  His  Majesty  and  the  United  States:  it  is 
agreed  that  measures  shall  be  taken  in  concert  between  His  Majesty’s 
Government  in  America  and  the  Government  of  the  United  States, 
for  making  a joint  survey  of  the  said  river  from  onfe  degree  of  lati- 
tude below  the  falls  of  St.  Anthony,  to  the  princiiial  source  or  sources 
of  the  said  river,  and  also  of  the  parts  adjacent  thereto;  and  that  if, 
on  the  result  of  such  survey,  it  should  appear  that  the  said  river 
would  not  be  intersected  by  such  a line  as  is  above  mentioned,  the 
two  parties  will  thereupon  proceed,  by  amicable  negotiation,  to  regu- 
late the  boundary  line  in  that  quarter,  as  well  as  all  other  points  to 
be  adjusted  between  the  said  parties,  according  to  justice  and  mutual 
convenience,  and  in  conformity  to  the  intent*  of  the  said  treaty. 

. Article  V.® 

VTiereas  doubts  have  arisen  what  river  was  truly  intended  under 
the  name  of  the  river  St.  Croix,  mentioned  in  the  said  treaty  of  peace, 
and  forming  a part  of  the  boundary  therein  described ; that  question 
.shall  be  referred  to  the  final  decision  of  commissioners  to  be  ap- 
pointed in  the  following  manner,  viz : 

One  commissioner  shall  be  named  by  His  Majesty,  and  one  by  tbe 
President  of  the  United  States,  by  and  with  the  advice  and  consent 
of  the  Senate  thereof,  and  the  said  two  commissioners  shall  agree  on 
the  choice  of  a third ; or  if  they  cannot  so  agree,  they  shall  each  pro- 
pose one  person,  and  of  the  two  names  so  proposed,  one  shall  be 
drawn  by  lot  in  the  presence  of  the  two  original  Commissioners. 
And  the  three  Commissioners  so  appointed  shall  be  sworn,  impar- 
tially to  examine  and  decide  the  said  question,  according  to  such  evi- 
dence as  shall  respectively  be  laid  before  them  on  the  part  of  the 
British  Government  and  of  the  United  States.  The  said  Commis- 
sioners shall  meet  at  Halifax,  and  shall  have  power  to  adjourn  to 


“ The  Commission  made  a declaration  October  25,  1878,  as  to  the  true  source 
of  the  St.  Croix  River. 

24449— VOL  1—10 38 


594 


TREATIES,  CONVENTIONS,  ETC. 


such  other  place  or  places  as  they  shall  think  fit.  They  shall  have 
power  to  appoint  a Secretary,  and  to  employ  such  surveyors  or  other 
persons  as  they  shall  judge  necessary.  The  said  Commissioners  shall, 
by  a declaration,  under  their  hands  and  seals,  decide  what  river  is 
the  river  St.  Croix,  intended  by  the  treaty.  The  said  declaration 
shall  contain  a description  of  the  said  river,  and  shall  particularize, 
the  latitude  and  longitude  of  its  mouth  and  of  its  source.  Duplicates 
of  this  declaration  and  of  the  statements  of  their  accounts,  and  of 
the  journal  of  their  proceedings,  shall  be  delivered  by  them  to  the 
agent  of  His  Majesty,  and  to  the  agent  of  the  United  States,  who 
may  be  resjiectively  appointed  and  authorized  to  manage  the  busi- 
ness on  behalf  of  the  respective  Governments.  And  both  parties 
agree  to  consider  such  decision  as  final  and  conclusive,  so  as  that  the 
same  shall  never  thereafter  be  called  into  question,  or  made  the  sub- 
ject of  dispute  or  difference  between  them. 

Article  VI.“ 

Whereas  it  is  alleged  by  divers  British  merchants  and  others  His 
Majesty’s  subjects,  that  debts,  to  a considerable  amount,  which  were 
bona  fide  contracted  before  the  peace,  still  remain  owing  to  them  by 
citizens  or  inhabitants  of  the  United  States,  and  that  by  the  operation 
of  various  lawful  impediments  since  the  peace,  not  only  the  full  re- 
covery of  the  said  debts  has  been  delayed,  but  also  the  value  and 
security  thereof  have  been,  in  several  instances,  impaired  and  lessened, 
so  that,  by  the  ordinary  course  of  judicial  proceedings,  the  British 
creditors  cannot  now  obtain,  and  actually  have  and  receive  full  and 
adequate  compensation  for  the  losses  and  damages  which  they  have 
thereby  sustained : It  is  agreed,  that  in  all  such  cases,  where  full 
compensation  for  such  losses  and  damages  cannot,  for  whatever 
reason,  be  actually  obtained,  had  and  received  by  the  said  creditors 
in  the  ordinary  course  of  justice,  the  United  States  will  make  full 
and  comjilete  compensation  for  the  same  to  the  said  creditors:  But 
it  is  distinctly  understood,  that  this  provision  is  to  extend  to  such 
losses  only  as  have  been  occasioned  by  the  lawful  impediments  afore- 
said, and  is  not  to  extend  to  losses  occasioned  by  such  insolvency  of 
the  debtors  or  other  causes  as  would  equally  have  operated  to  pro- 
duce such  loss,  if  the  said  impediments  had  not  existed ; nor  to  such 
losses  or  damages  as  have  been  occasioned  b_y  the  manifest  delay  or 
negligence,  or  wilful  omission  of  the  claimant. 

For  the  purpose  of  ascertaining  the  amount  of  any  such  losses  and 
damages,  five  Commissioners  shall  be  appointed  and  authorized  to 
meet  and  act  in  manner  following,  viz : Two  of  them  shall  be  ap- 
pointed by  His  Majesty,  two  of  them  by  the  President  of  the  United 
States  by  and  with  the  advice  and  consent  of  the  Senate  thereof,  and 
the  fifth  by  the  unanimous  voice  of  the  other  four ; and  if  they  should 
not  agree  in  such  choice,  then  the  Commissioners  named  by  the  two 
parties  shall  respectively  propose  one  person,  and  of  the  two  names  so 
liroposed,  one  shall  be  drawn  by  lot,  in  the  presence  of  the  four  origi- 
nal Commissioners.  When  the  five  Commissioners  thus  appointed 


“The  Commission  under  this  Article  met  May  29,  1797,  and  suspended  July 
31,  1799,  owing  to  disagreements.  By  the  treaty  of  1802  $2,664,000  was  pro- 
Tided  to  be  paid  to  Great  Britain  in  settlement  of  these  claims. 


GREAT  BRITAIN 1794. 


595 


shall  first  meet,  they  shall,  before  they  proceed  to  act,  respectively 
take  the  following  oath,  or  affirmation,  in  the  presence  of  each  other ; 
which  oath,  or  affirmation,  being  so  taken  and  duly  attested,  shall  be 
entered  on  the  record  of  their  proceedings,  viz : I,  A.  B.,  one  of  the 
Commissioners  appointed  in  pursuance  of  the  sixth  article  of  the 
Treaty  of  Amity,  Commerce  and  Navigation,  between  His  Britannic 
Majesty  and  the  United  States  of  America,  do  solemnly  swear  (or 
affirm)  that  I will  honestly,  diligently,  impartially  and  carefully 
examine,  and  to  the  best  of  my  judgment,  according  to  justice  and 
equity,  decide  all  such  complaints,  as  under  the  said  article  shall  be 
preferred  to  the  said  Commissioners:  and  that  I will  forbear  to  act  as 
a Commissioner,  in  any  case  in  which  I may  be  personally  interested. 

Three  of  the  said  Commissioners  shall  constitute  a board,  and  shall 
have  power  to  do  any  act  appertaining  to  the  said  Commission,  pro- 
vided that  one  of  the  Commissioners  named  on  each  side,  and  the  fifth 
Commissioner  shall  be  present,  and  all  decisions  shall  be  made  by  the 
majority  of  the  voices  of  the  Commissioners  then  present.  Eighteen 
months  from  the  day  on  which  the  said  Commissioners  shall  form  a 
l)oard,  and  be  ready  to  proceed  to  business,  are  assigned  for  receiving 
complaints  and  applications;  but  they  are  nevertheless  authorized,  in 
any  particular  cases  in  which  it  shall  appear  to  them  to  be  reasonable 
and  just,  to  extend  the  said  term  of  eighteen  months  for  any  term  not 
exceeding  six  months,  after  the  expiration  thereof.  The  said  Commis- 
sioners shall  first  meet  at  Philadelphia,  but  they  shall  have  power  to 
adjourn  from  place  to  place  as  they  shall  see  cause. 

The  said  Commissioners  in  examining  the  complaints  and  applica- 
tions so  preferred  to  them,  are  empowered  and  required,  in  pursuance 
of  the  true  intent  and  meaning  of  this  article,  to  take  into  their  con- 
sideration all  claims,  whether  of  principal  or  interest,  or  balances  of 
principal  and  interest,  and  to  determine  the  same  respectively,  ac- 
cording to  the  merits  of  the  several  cases,  due  regard  being  had  to  all 
the  circumstances  thereof,  and  as  equity  and  justice  shall  appear  to 
them  to  require.  And  the  said  Commissioners  shall  have  power  to 
examine  all  such  persons  as  shall  come  before  them,  on  oath  or  affirma- 
tion, touching  the  premises ; and  also  to  receive  in  evidence,  according 
as  they  may  think  most  consistent  with  equity  and  justice,  all  written 
depositions,  or  books,  or  papers,  or  copies,  or  extracts  thereof;  every 
such  deposition,  book,  or  paper,  or  copy,  or  extract,  being  duly  au- 
thenticated either  according  to  the  legal  form  now  respectively  exist- 
ing in  the  two  countries,  or  in  such  other  manner  as  the  said  Commis- 
sioners shall  see  cause  to  require  or  allow. 

The  award  of  the  said  Commissioners,  or  of  any  three  of  them  as 
aforesaid,  shall  in  all  cases  be  final  and  conclusive,  both  as  to  the 
justice  of  the  claim,  and  to  the  amount  of  the  sum  to  be  paid  to 
the  creditor  or  claimant ; and  the  United  States  undertake  to  cause 
the  sum  so  awarded  to  be  paid  in  specie  to  such  creditor  or  claimant 
without  deduction;  and  at  such  time  or  times  and  at  such  place  or 
places,  as  shall  be  awarded  by  the  said  Commissioners ; and  on  condi-. 
tion  of  such  releases  or  assignments  to  be  given  by  the  creditor  or 
claimant,  as  by  the  said  Commissioners  may  be  directed : Provided 
always,  that  no  such  payment  shall  be  fixed  by  the  said  Commission- 
ers to  take  place  sooner  than  twelve  months  from  the  day  of  the  ex- 
change of  the  ratifications  of  this  treaty. 


59G 


TREATIES,  CONVENTIONS,  ETC. 


Article  VII.“ 

^Miereas  complaints  have  been  made  by  divers  merchants  and 
others,  citizens  of  the  United  States,  that  during  the  course  of  the  war 
in  which  His  Majesty  is  now  engaged,  they  have  sustained  consider- 
able losses  and  damage,  by  reason  of  irregular  or  illegal  captures  or 
condemnations  of  their  vessels  and  other  property,  under  color  of  au- 
thority or  commissions  from  His  Majesty,  and  that  from  various  cir- 
cumstances belonging  to  the  said  cases,  adequate  compensation  for  the 
losses  and  damages  so  sustained  cannot  now  be  actually  obtained,  had, 
and  received  by  the  ordinary  course  of  judicial  proceedings;  it  is 
agreed,  that  in  all  such  cases,  where  adequate  compensation  cannot, 
for  whatever  reason,  be  now  actually  obtained,  had,  and  received  by 
the  said  merchants  and  others,  in  the  ordinary  course  of  justice,  full 
and  complete  compensation  for  the  same  will  be  made  by  the  British 
Government  to  the  said  complainants.  But  it  is  distinctly  understood 
that  this  provision  is  not  to  extend  to  such  losses  or  damages  as  have 
been  occasioned  by  the  manifest  delay  or  negligence,  or  wilful  omis- 
sion of  the  claimant. 

That  for  the  purpose  of  ascertaining  the  amount  of  any  such  losses 
and  damages,  five  Commissioners  shall  be  ajDpointed  and  authorized  to 
act  in  London,  exactly  in  the  manner  directed  with  respect  to  those 
mentioned  in  the  preceding  article,  and  after  having  taken  the  same 
oath  or  affirmation,  (mutatis  mutandis,)  the  same  term  of  eighteen 
months  is  also  assigned  for  the  reception  of  claims,  and  they  are  in 
like  manner  authorized  to  extend  the  same  in  23articular  cases.  They 
shall  receive  testimony,  books,  jiapers  and  evidence  in  the  same  lati- 
tude, and  exercise  the  like  discretion  and  powers  respecting  that  sub- 
ject; and  shall  decide  the  claims  in  question  according  to  the  merits 
of  the  several  cases,  and  to  justice,  equity  and  the  laws  of  nations. 
The  award  of  the  said  Commissioners,  or  any  such  three  of  them  as 
aforesaid,  shall  in  all  cases  be  final  and  conclusive,  both  as  to  the  jus- 
tice of  the  claim,  and  the  amount  of  the  sum  to  be  jiaid  to  the  claim- 
ant; and  His  Britannic  Majesty  undertakes  to  cause  the  same  to  be 
jiaid  to  such  claimant  in  s^iecie,  without  any  deduction,  at  such  jjlace 
or  places,  and  at  such  time  or  times,  as  shall  be  awarded  b}'^  the  said 
Commissioners,  and  on  condition  of  such  releases  or  assignments  to  be 
given  by  the  claimant,  as  by  the  said  Commissioners  may  be  directed. 

And  whereas  certain  merchants  and  others,  His  Majesty’s  subjects, 
complain  that,  in  the  course  of  the  war,  they  have  sustained  loss  and 
damage  by  reason  of  the  caiiture  of  their  vessels  and  merchandise, 
taken  within  the  limits  and  jurisdiction  of  the  States  and  brought  into 
the  jiorts  of  the  same,  or  taken  b}'^  vessels  originally  armed  in  jDorts  of 
the  said  States : 

It  is  agreed  that  in  all  such  cases  where  restitution  shall  not  have 
been  made  agreeably  to  the  tenor  of  the  letter  from  Mr.  Jefferson  to 
Mr.  Hammond,  dated  at  Philadelphia,  Sept.  5,  1793,  a cojDy  of  which 
is  annexed  to  this  treaty ; the  complaints  of  the  jiarties  shall  be  and 
hereby  are  referred  to  the  Commissioners  to  be  ajD^Dointed  by  ifirtue 
of  this  article,  who  are  hereby  authorized  and  required  to  joroceed  in 


" The  Commission  met  August  16.  1796,  and  suspended  .July  20.  1799.  The 
meetings  were  resumed  under  the  treaty  of  1802,  and  the  final  meeting  held 
February  4,  1804.  The  awards  against  the  United  States  amount  to  $143,428.14, 
and  against  Great  Britain  $11,656,000. 


GREAT  BRITAIN 1794. 


597 


the  like  manner  relative  to  these  as  to  the  other  cases  committed  to 
them ; and  the  United  States  undertake  to  pay  to  the  complainants  or 
claimants  in  specie,  without  deduction,  the  amount  of  such  sums  as 
shall  be  awarded  to  them  respectively  by  the  said  Commissioners,  and 
at  the  times  and  places  which  in  such  awards  shall  be  specified;  and 
on  condition  of  such  releases  or  assignments  to  be  given  by  the  claim- 
ants as  in  the  said  awards  may  be  directed : And  it  is  further  agreed, 
that  not  only  the  now-existing  cases  of  both  descriptions,  but  also  all 
such  as  shall  exist  at  the  time  of  exchanging  the  ratifications  of  this 
treaty,  shall  be  considered  as  being  within  the  provisions,  intent  and 
meaning  of  this  article. 

Article  VIII. 

It  is  further  agreed  that  the  Commissioners  mentioned  in  this  and 
in  the  two  preceding  articles  shall  be  respectively  paid  in  such  man- 
ner as  shall  be  agreed  between  the  two  parties,  such  agi'eement  being 
to  be  settled  at  the  time  of  the  exchange  of  the  ratifications  of  this 
treaty.  And  all  other  expenses  attending  the  said  Commissions  shall 
be  defrayed  jointly  by  the  two  parties,  the  same  being  previously 
ascertained  and  allowed  by  the  majority  of  the  Commissioners.  And 
in  the  case  of  death,  sickness  or  necessary  absence,  the  place  of  every 
such  Commissioner  respectively  shall  be  supplied  in  the  same  manner 
as  such  Commissioner  was  first  apjiointed,  and  the  new  Commissioners 
shall  take  the  same  oath  or  affirmation  and  do  the  same  duties. 

Article  IX. 

It  is  agreed  that  British  subjects  who  now  hold  lands  in  the  terri- 
tories of  the  United  States,  and  American  citizens  who  now  hold  lands 
in  the  dominions  of  His  Majesty,  shall  continue  to  hold  them  accord- 
ing to  the  nature  and  tenure  of  their  respective  estates  and  titles 
therein;  and  may  grant,  sell  or  devise  the  same  to  whom  they  please, 
in  like  manner  as  if  they  were  natives;  and  that  neither  they  nor 
their  heirs  or  assigns  shall,  so  far  as  may  respect  the  said  lands  and 
the  legal  remedies  incident  thereto,  be  regarded  as  aliens. 

Article  X. 

Neither  the  debts  due  from  individuals  of  the  one  nation  to  indi- 
viduals of  the  other,  nor  shares,  nor  monies,  which  they  may  have  in 
the  public  funds,  or  in  the  public  or  private  banks,  shall  ever  in  any 
event  of  war  or  national  differences  be  sequestered  or  confiscated,  it 
being  unjust  and  impolitic  that  debts  and  engagements  contracted  and 
made  by  individuals,  having  confidence  in  each  other  and  in  their 
respective  Governments,  should  ever  be  destroyed  or  impaired  by 
national  authority  on  account  of  national  differences  and  discontenfs. 

Article  XI.'' 

It  is  agreed  between  His  Majesty  and  the  United  States  of  America, 
that  there  shall  be  a reciprocal  and  entirely  perfect  liberty  of  naviga- 
tion and  commerce  between  their  respective  people,  in  the  manner, 
under  the  limitations,  and  on  the  conditions  specified  in  the  following 
articles. 


".Articles  XI  to  XXVII,  iiic.,  expired  October  28,  1807. 


598 


TREATIES,  CONVENTIONS,  ETC. 


Article  XII." 

His  Majesty  consents  that  it  shall  and  ma}^  be  lawful,  during  the 
time  hereinafter  limited,  for  the  citizens  of  the  United' States  to  carry 
to  any  of  His  Majesty’s  islands  and  ports  in  the  West  Indies  from  the 
United  States,  in  their  own  vessels,  not  being  above  the  burthen  of 
seventy  tons,  any  goods  or  merchandizes,  being  of  the  growth,  manu- 
facture or  produce  of  the  said  States,  AAdiich  it  is  or  may  be  lawful  to 
carry  to  the  said  islands  or  ports  from  the  said  States  in  British  ves- 
sels; and  that  the  said  American  vessels  shall  be  subject  there  to  no 
other  or  higher  tonnage  duties  or  charges  than  shall  be  payable  by 
British  vessels  in  the  ports  of  the  United  States ; and  that  the  cargoes 
of  the  said  American  vessels  shall  be  subject  there  to  no  other  or 
higher  duties  or  charges  than  shall  be  payable  on  the  like  articles  if 
imported  there  from  the  said  States  in  British  A^essels. 

And  His  Majesty  also  consents  that  it  shall  be  laivfid  for  the  said 
American  citizens  to  purchase,  load  and  carry  away  in  their  said  ves- 
sels to  the  United  States,  from  the  said  islands  and  ports,  all  such 
articles,  being  of  the  growth,  manufacture  or  produce  of  the  said 
islands,  as  may  now  by  law  be  carried  from  thence  to  the  said  States 
in  British  vessels,  and  subject  only  to  the  same  duties  and  charges  on 
exportation,  to  wliich  British  vessels  and  their  cargoes  are  or  shall  be 
subject  in  similar  circumstances. 

Provided  always,  that  the  said  American  A^essels  do  carry  and  land 
their  cargoes  in  the  United  States  only,  it  being  expressly  agreed  and 
declared  that,  during  the  continuance  of  this  article,  the  United  States 
Avill  prohibit  and  restrain  the  carrying  any  molasses,  sugar,  coffee, 
cocoa  or  cotton  in  American  vessels,  either  from  His  Majesty’s  islands 
or  from  the  United  States  to  any  part  of  the  world  except  the  United 
States,  reasonable  sea-stores  excepted.  Provided,  also,  that  it  shall 
and  may  be  laAvful,  during  the  same  period,  for  British  A^essels  to  im- 
port from  the  said  islands  into  the  United  States,  and  to  export  from 
the  United  States  to  the  said  islands,  all  articles  AvhateA-er,  being  of 
the  growth,  produce  or  manufacture  of  the  said  islands,  or  of  the 
United  States  respectively,  which  noiv  may,  by  the  laws  of  the  said 
States,  be  so  imported  and  exported.  And  that  the  cargoes  of  the 
said  British  vessels  shall  be  subject  to  no  other  or  higher  duties  or 
charges,  than  shall  be  payable  on  the  same  articles  if  so  imported  or 
exported  in  American  vessels. 

It  is  agreed  that  this  article,  and  every  matter  and  thing  therein 
contained,  shall  continue  to  be  in  force  during  the  continuance  of  the 
Avar  in  which  His  Majesty  is  noAV  engaged;  and  also  for  Iayo  years 
from  and  after  the  date  of  the  signature  of  the  preliminary  or  other 
articles  of  peace,  by  Avhich  the  same  may  be  terminated. 

And  it  is  further  agreed  that,  at  the  expiration  of  the  said  term, 
the  tAvo  contracting  parties  will  endeaAmur  further  to  regulate  their 
commerce  in  this  respect,  according  to  the  situation  in  which  His 
Majesty  may  then  find  himself  Avith  respect  to  the  West  Indies,  and 
with  a vieAA^  to  such  arrangements  as  may  best  conduce  to  the  mutual 
advantage  and  extension  of  commerce.  And  the  said  parties  Avill 
then  also  reneAv  their  discussions,  and  endeaAmur  to  agree,  Avhether 
in  any  and  Avhat  cases,  neutral  vessels  shall  protect  enemy’s  propert}’^; 

“Suspended  by  the  Additional  Article  being  an  amendment  l)y  the  Senate 
(see  p.  GOT). 


GREAT  BRITAIN 1794. 


599 


and  in  liat  cases  provisions  and  other  articles,  not  generally  contra- 
band, may  become  such.  But  in  the  mean  time,  their  conduct  to- 
wards each  other  in  these  respects  shall  be  regulated  by  the  articles 
hereinafter  inserted  on  those  subjects. 

Arttcbe  XIII.“ 

His  Majesty  consents  that  the  vessels  belonging  to  the  citizens  of 
the  United  States  of  America  shall  be  admitted  and  hospitably  re- 
ceived in  all  the  sea-jDorts  and  harbors  of  the  British  territories  in 
the  East  Indies.  And  that  the  citizens  of  the  said  United  States 
may  freely  carry  on  a trade  between  the  said  territories  and  the 
said  United  States,  in  all  articles  of  which  the  importation  or  ex- 
portation respectively,  to  or  from  the  said  territories,  shall  not  be 
entirely  prohibited.  Provided  only,  that  it  shall  not  be  lawful  for 
them  in  any  time  of  war  between  the  British  Government  and  any 
other  Power  or  State  whatever,  to  export  from  the  said  territories, 
without  the  special  permission  of  the  British  Government  there,  any 
military  stores,  or  naval  stores,  or  rice.  The  citizens  of  the  United 
States  shall  pay  for  their  vessels  when  admitted  into  the  said  ports 
no  other  or  higher  tonnage  duty  than  shall  be  payable  on  British 
vessels  when  admitted  into  the  ports  of  the  United  States.  And 
they  shall  pay  no  other  or  higher  duties  or  charges,  on  the  importa- 
tion or  exportation  of  the  cargoes  of  the  said  vessels,  than  shall  be 
payable  on  the  same  articles  Avhen  imported  or  exported  in  British 
vessels.  But  it  is  expressl}^  agreed  that  the  vessels  of  the  United 
States  shall  not  carry  any  of  the  articles  exported  by  them  from 
the  said  British  territories  to  any  port  or  place,  except  to  some  port 
or  place  in  America,  where  the  same  shall  be  unladen  and  such 
regulations  shall  be  adopted  by  both  parties  as  shall  from  time  to 
time  be  found  necessary  to  enforce  the  due  and  faithful  observance 
of  this  stipulation.  It  is  also  understood  that  the  permission  granted 
by  this  article  is  not  to  extend  to  allow  the  vessels  of  the  United 
States  to  carry  on  any  part  of  the  coasting  trade  of  the  said  British 
territories;  but  vessels  going  with  their  original  cargoes,  or  part 
thereof,  from  one  port  of  discharge  to  another,  are  not  to  be  consid- 
ered as  carrying  on  the  coasting  trade.  Neither  is  this  article  to 
be  construed  to  allow  the  citizens  of  the  said  States  to  settle  or  reside 
within  the  said  territories,  or  to  go  into  the  interior  parts  thereof, 
without  the  permission  of  the  British  Government  established  there; 
and  if  any  transgression  should  be  attempted  against  the  regulations 
of  the  British  Government  in  this  respect,  the  observance  of  the 
same  shall  and  may  be  enforced  against  the  citizens  of  America  in 
the  same  manner  as  against  British  subjects  or  others  transgressing 
the  same  rule.  And  the  citizens  of  the  United  States,  whenever  they 
arrive  in  any  port  or  harbour  in  the  said  territories,  or  if  they  should 
be  permitted,  in  manner  aforesaid,  to  go  to  any  other  place  therein, 
shall  always  be  subject  to  the  laws,  government  and  jurisdiction  of 
what  nature  established  in  such  harbor,  port  or  place,  according  as 
the  same  may  be.  The  citizens  of  the  United.  States  may  also  touch 
for  refreshment  at  the  island  of  St.  Helena,  but  subject  in  all  respects 
to  such  regulations  as  the  British  Government  may  from  time  to 
time  establish  there. 


Expired  October  28,  1807. 


600 


TREATIES,  CONVENTIONS,  ETC. 


Artui.e  XTV.“ 

i 

There  shall  be  between  all  the  dominions  of  His  Majesty  in  Europe 
and  the  territories  of  the  United  States  a reciprocal  and  perfect  lib- 
erty of  commerce  and  navigation.  The  people  and  inhabitants  of 
the  two  countries,  respectively,  shall  have  liberty  freely  and  securely, 
and  without  hindrance  and  molestation,  to  come  with  their  ships  and 
cargoes  to  the  lands,  countries,  cities,  ports,  places  and  rivers  within 
the  dominions  and  territories  aforesaid,  to  enter  into  the  same,  to 
resort  there,  and  to  remain  and  reside  there,  without  any  limitation 
of  time.  Also  to  hire  and  possess  houses  and  warehouses  for  the 
purposes  of  their  commerce,  and  generally  the  merchants  and  traders 
on  each  side  shall  enjoy  the  most  complete  protection  and  security 
for  their  commerce;  but  subject  always  as  to  what  respects  this  arti- 
cle to  the  laws  and  statutes  of  the  two  countries  respectively. 

Article  XV.“ 

It  is  agreed  that  no  other  or  higher  duties  shall  be  paid  by  the 
ships  or  merchandise  of  the  one  party  in  the  ports  of  the  other  than 
such  as  are  paid  by  the  like  vessels  or  merchandize  of  all  other  na- 
tions. Nor  shall  any  other  or  higher  duty  be  imposed  in  one  country 
on  the  importation  of  any  articles  the  growth,  jiroduce  or  manufac- 
ture of  the  other,  than  are  or  shall  be  payable  on  the  importation  of 
the  like  articles  being  of  the  growth,  jiroduce  or  manufacture  of  any 
other  foreign  country.  Nor  shall  any  prohibition  be  imposed  on  the 
exportation  or  importation  of  any  articles  to  or  from  the  territories 
of  the  two  parties  respectively,  which  shall  not  equally  extend  to  all 
other  nations. 

But  the  British  Government  reserves  to  itself  the  right  of  impos- 
ing on  American  vessels  entering  into  the  British  ports  in  Europe  a 
tonnage  duty  equal  to  that  which  shall  be  jiayable  by  British  vessels 
in  the  ports  of  America ; and  also  such  duty  as  may  be  adequate  to 
countervail  the  ditference  of  duty  now  pa^^able  on  the  importation 
of  European  and  Asiatic  goods,  when  imported  into  the  United  States 
in  British  or  in  American  vessels. 

The  two  parties  agree  to  treat  for  the  more  exact  equalization  of 
the  duties  on  the  respective  navigation  of  their  subjects  and  people,  in 
such  manner  as  may  be  most  beneficial  to  the  two  countries.  The 
arrangements  for  tliis  purpose  shall  be  made  at  the  same  time  with 
those  mentioned  at  the  conclusion  of  the  twelfth  article  of  this  treaty, 
and  are  to  be  considered  as  a part  thereof.  In  the  interval  it  is 
agreed  that  the  United  States  will  not  impose  an}'^  new  or  additional 
tonnage  duties  on  British  vessels,  nor  increase  the  now-subsisting 
difference  between  the  duties  jiayable  on  the  importation  of  any 
articles  in  British  or  in  American  vessels. 

ARTICL.E  XVI.“ 

It  shall  be  free  for  the  two  contracting  parties,  respectively,  to  ap- 
point Consuls  for  the  protection  of  trade,  to  reside  in  the  dominions 
and  territories  aforesaid;  and  the  said  Consuls  shall  enjoy  those  lib- 


Expired  October  28,  1807. 


GREAT  BRTTATN 1*794. 


601 


erties  and  rights  which  belong  to  them  I’eason  of  their  function. 
But  before  any  Consul  shall  act  as  such,  he  shall  be  in  the  usual  forms 
approved  and  admitted  by  the  party  to  whom  he  is  sent;  and  it  is 
hereby  declared  to  be  lawful  and  proper  that,  in  case  of  illegal  or 
improjier  conduct  towards  the  laws  or  Government,  a Consul  may 
either  be  punished  according  to  law,  if  the  laws  will  reach  the  case,  or 
be  dismissed,  or  even  sent  back,  the  offended  Government  assigning  to 
the  other  their  reasons  for  the  same. 

Either  of  the  parties  may  except  from  the  residence  of  Consuls  such 
jiarticular  places  as  such  party  shall  judge  proper  to  be  so  excepted. 

Article  XVII.® 

It  is  agreed  that  in  all  cases  where  vessels  shall  be  captured  or  de- 
tained on  just  suspicion  of  having  on  board  enemy’s  property,  or  of 
carrying  to  the  enemy  any  of  the  articles  which  are  contraband  of 
Avar,  the  said  vessels  shall  be  brought  to  the  nearest  or  most  convenient 
port ; and  if  any  property  of  an  enemy  should  be  found  on  board  such 
vessel,  that  part  only  which  belongs  to  the  enemy  shall  be  made  prize, 
and  the  A'essel  shall  be  at  liberty  to  proceed  with  the  remainder  with- 
out any  impediment.  And  it  is  agreed  that  all  proper  measures  shall 
be  taken  to  prei^ent  delay  in  deciding  the  cases  of  ships  or  cargoes  so 
brought  in  for  adjudication,  and  in  the  payment  or  recovery  of  any 
indemnification,  adjudged  or  agreed  to  be  paid  to  the  masters  or 
owners  of  such  ships. 


Article  XVIII.® 

In  order  to  regulate  what  is  in  future  to  be  esteemed  contraband 
of  war,  it  is  agreed  that  under  the  said  denomination  shall  be  com- 
prised all  arms  and  implements  serving  for  the  purposes  of  war,  by 
land  or  sea,  such  as  cannon,  muskets,  mortars,  petards,  bombs,  gre- 
nades, carcasses,  saucisses,  carriages  for  cannon,  musket-rests,  bando- 
liers, gun-powder,  match,  saltpetre,  ball,  pikes,  swords,  head-pieces, 
cuirasses,  halberts,  lances,  javelins,  horse-furniture,  holsters,  belts, 
and  generally  all  other  implements  of  war,  as  also  timber  for  ship- 
building, tar  or  rozin,  copper  in  sheets,  sails,  hemp,  and  cordage,  and 
generally  whatei^er  may  serine  directly  to  the  equipment  of  vessels,  un- 
wrought iron  and  fir  planks  only  excepted ; and  all  the  above  articles 
are  hereby  declared  to  be  just  objects  of  confiscation  whenever  they 
are  attempted  to  be  carried  to  an  enemy. 

And  whereas  the  difficulty  of  agreeing  on  the  precise  cases  in  which 
alone  provisions  and  other  articles  not,  generally  contraband  may  be 
regarded  as  such,  renders  it  expedient  to  provide  against  the  incon- 
veniences and  misunderstandings  which  might  thence  arise;  It  is 
further  agreed  that  whenever  any  such  articles  so  becoming  contra- 
band, according  to  the  existing  laws  of  nations,  shall  for  that  reason 
be  seized,  the  same  shall  not  be  confiscated,  but  the  owners  thereof 
shall  be  speedily  and  completely  indemnified;  and  the  captors,  or,  in 
their  default,  the  Government  under  whose  authority  they  act,  shall 
pay  to  the  masters  or  owners  of  such  vessels  the  full  value  of  all  such 
articles,  with  a reasonable  mercantile  profit  thereon,  together  with 
the  freight,  and  also  the  demurrage  incident  to  such  detention. 


Expired  October  28,  1807. 


602 


TREATIES,  CONVENTIONS,  ETC. 


And  whereas  it  frequently  happens  that  vessels  sail  for  a port  or 
place  belonging  to  an  enemy  ivithout  knowing  that  the  same  is  either 
besieged,  blockaded  or  invested,  it  is  agreed  that  every  vessel  so  cir- 
cumstanced may  be  turned  away  from  such  port  or  place ; but  she  shall 
not  be  detained,  nor  her  cargo,  if  not  contraband,  be  confiscated,  unless 
after  notice  she  shall  again  attempt  to  enter,  but  she  shall  be  permitted 
to  go  to  any  other  port  or  place  she  may  think  proper ; nor  shall  any 
vessel  or  goods  of  either  party  that  may  have  entered  into  such  port 
or  place  before  the  same  was  besieged,  blockaded,  or  invested  by  the 
other,  and  be  found  thereinafter  the  reduction  or  surrender  of  such 
place,  be  liable  to  confiscation,  but  shall  be  restored  to  the  owners  or 
proprietors  there. 

Article  XIX.“ 

And  that  more  abundant  care  may  be  taken  for  the  security  of  the 
respective  subjects  and  citizens  of  the  contracting  parties,  and  to  pre- 
vent their  suffering  injuries  by  the  men-of-war,  or  privateers  of  either 
party,  all  commanders  of  ships  of  war  and  privateers,  and  all  others 
the  said  subjects  and  citizens,  shall  forbear  doing  any  damage  to  those 
of  the  other  party  or  committing  any  outrage  against  them,  and  if 
they  act  to  the  contrary  they  shall  be  punished,  and  shall  also  be 
bound  in  their  persons  and  estates  to  make  satisfaction  and  reparation 
for  all  damages,  and  the  interest  thereof,  of  whatever  nature  the  said 
damages  may  be. 

For  this  cause,  all  commanders  of  privateers,  before  they  receive 
their  commissions,  shall  hereafter  be  obliged  to  give,  before  a com- 
petent judge,  sufficient  security  by  at  least  two  responsible  sureties, 
who  have  no  interest  in  the  said  privateer,  each  of  whom,  together 
with  the  said  commander,  shall  be  jointly  and  severally  bound  in  the 
sum  of  fifteen  hundred  pounds  sterling,  or,  if  such  ships  be  provided 
with  above  one  hundred  and  fifty  seamen  or  soldiers,  in  the  sum  of 
three  thousand  pounds  sterling,  to  satisfy  all  damages  and  injuries 
which  the  said  privateer,  or  her  officers  or  men,  or  any  of  them,  may 
do  or  commit  during  their  cruise  contrary  to  the  tenor  of  this  treaty, 
or  to  the  laws  and  instructions  for  regulating  their  conduct;  and 
further,  that  in  all  cases  of  aggressions  the  said  commissions  shall  be 
revoked  and  annulled. 

It  is  also  agreed  that  whenever  a judge  of  a court  of  admiralty  of 
either  of  the  parties  shall  pronounce  sentence  against  any  vessel  or 
goods  or  property  belonging  to  the  subjects  or  citizens  of  the  other 
jiarty,  a formal  and  duly  authenticated  copy  of  all  the  proceedings  in 
the  cause,  and  of  the  said  sentence,  shall,  if  required,  be  delivered  to 
the  commander  of  the  said  vessel,  without  the  smallest  delay,  he  pay- 
ing all  legal  fees  and  demands  for  the  same. 

Article  XX." 

It  is  further  agreed  that  both  the  said  contracting  parties  shall  not 
only  refuse  to  receive  any  pirates  into  any  of  their  ports,  havens  or 
towns,  or  permit  any  of  their  inhabitants  to  receive,  protect,  harbor, 
conceal  or  assist  them  in  any  manner,  but  will  bring  to  condign  pun- 
ishment all  such  inhabitants  as  shall  be  guilty  of  such  acts  or  offences. 


Expired  October  28,  1807. 


GREAT  BRITAIN 1794. 


603 


And  all  their  ships,  with  the  goods  or  merchandizes  taken  by  them 
and  brought  into  the  port  of  either  of  the  said  parties,  shall  be  seized 
as  far  as  they  can  be  discovered,  and  shall  be  restored  to  the  owners, 
or  their  factors  or  agents,  duly  deputed  and  authorized  in  writing  by 
them  (proper  evidence  being  first  given  in  the  court  of  admiralty  for 
proving  the  property)  even  in  case  such  effects  should  have  passed 
into  other  hands  by  sale,  if  it  be  proved  that  the  buyers  knew  or  had 
good  reason  to  believe  or  suspect  that  they  had  been  piratically  taken. 

Article  XXI.® 

It  is  likewise  agreed  that  the  subjects  and  citizens  of  the  two  na- 
tions shall  not  do  any  acts  of  hostility  or  violence  against  each  other, 
nor  accept  commissions  or  instructions  so  to  act  from  any  foreign 
Prince  or  State,  enemies  to  the  other  party ; nor  shall  the  enemies  of 
one  of  the  parties  be  permitted  to  invite,  or  endeavor  to  enlist  in 
their  military  service,  any  of  the  subjects  or  citizens  of  the  other 
party ; and  the  laws  against  all  such  offences  and  aggressions  shall  be 
punctually  executed.  And  if  any  subject  or  citizen  of  the  said  parties 
respectively  shall  accept  any  foreign  commission  or  letters  of  marque 
for  arming  any  vessel  to  act  as  a privateer  against  the  other  party, 
and  be  taken  % the  other  party,  it  is  hereby  declared  to  be  lawful 
for  the  said  party  to  treat  and  punish  the  said  subject  or  citizen 
having  such  commission  or  letters  of  marque  as  a pirate. 

Article  XXII.® 

It  is  expressly  stipulated  that  neither  of  the  said  contracting  parties 
will  order  or  authorize  any  acts  of  reprisal  against  the  other,  on 
complaints  of  injuries  or  damages,  until  the  said  party  shall  first 
have  presented  to  the  other  a statement  thereof,  verified  by  competent 
proof  and  evidence,  and  demanded  justice  and  satisfaction,  and  the 
same  shall  either  have  been  refused  or  unreasonably  delayed. 

Article  XXIII.® 

The  ships  of  war  of  each  of  the  contracting  parties  shall,  at  all 
times,  be  hospitably  received  in  the  ports  of  the  other,  their  officers 
and  crews  paying  due  respect  to  the  laws  and  Government  of  the 
country.  The  officers  shall  be  treated  with  that  respect  which  is 
due  to  the  commissions  which  they  bear,  and  if  any  insult  should  be 
offered  to  them  by  any  of  the  inhabitants,  all  offenders  in  this  respect 
shall  be  punished  as  disturbers  of  the  peace  and  amity  between  the 
two  countries.  And  His  Majesty  consents  that  in  case  an  American 
vessel  should,  by  stress  of  weather,  danger  from  enemies,  or  other 
misfortune,  be  reduced  to  the  necessity  of  seeking  shelter  in  any  of 
His  Majesty’s  ports,  into  which  such  vessel  could  not  in  ordinary 
cases  claim  to  be  admitted,  she  shall,  on  manifesting  that  necessity  to 
the  satisfaction  of  the  Government  of  the  place,  be  hospitably  re- 
ceived, and  be  permitted  to  refit  and  to  purchase  at  the  market  price 
such  necessaries  as  she  may  stand  in  need  of,  conformably  to  such 
orders  and  regulations  as  the  Government  of  the  place,  having  respect 
to  the  circumstances  of  each  case,  shall  prescribe.  She  shall  not  be 


Expired  October  28,  1807. 


604 


TREATIES,  CONVENTIONS,  ETC. 


allowed  to  bi’eak  bulk  or  unload  her  cargo,  unless  the  same  should  be 
bona  fide  necessary  to  her  being  refitted.  Nor  shall  be  permitted  to 
sell  any  part  of  her  cargo,  unless  so  much  only  as  may  be  necessary  to 
defray  her  expences,  and  then  not  without  the  express  permission  of 
the  Government  of  the  place.  Nor  shall  she  be  obliged  to  pay  any 
duties  whatever,  except  only  on  such  articles  as  she  may  be  permitted 
to  sell  for  the  purpose  aforesaid. 

Article  XXIV.“ 

It  shall  not  be  lawful  for  any  foreign  privateers  (not  being  sub- 
jects or  citizens  of  either  of  the  said  parties)  who  have  commissions 
from  any  other  Prince  or  State  in  enmity  with  either  nation  to  arm 
their  ships  in  the  ports  of  either  of  the  said  parties,  nor  to  sell  what 
they  have  taken,  nor  in  any  other  manner  to  exchange  the  same ; nor 
shall  they  be  allowed  to  purchase  more  provisions  than  shall  be  nec- 
essary for  their  going  to  the  nearest  port  of  that  Prince  or  State  from 
whom  they  obtained  their  commissions. 

Article  XXV." 

It  shall  be  lawful  for  the  ships  of  war  and  privateers  belonging  to 
the  said  parties  respectively  to  carry  whithersoever  they  please  the 
■ships  and  goods  taken  from  their  enemies,  without  being  obliged  to 
pay  any  fee  to  the  officers  of  the  admiralty,  or  to  any  judges  what- 
ever; nor  shall  the  said  prizes,  when  they  arrive  at  and  enter  the 
ports  of  the  said  parties,  be  detained  pr  seized,  neither  shall  the 
searchers  or  other  officers  of  those  places  visit  such  jirizes,  (except 
for  the  purjiose  of  preventing  the  carrying  of  any  of  the  cargo  thereof 
on  shore  in  any  manner  contrary  to  the  established  laws  of  revenue, 
navigation,  or  commerce,)  nor  shall  such  officers  take  cognizance  of 
the  validity  of  such  prizes;  but  they  shall  be  at  liberty  to  hoist  sail 
and  depart  as  speedily  as  may  be,  and  carry  their  saicl  prizes  to  the 
place  mentionecl  in  their  commissions  or  patents,  which  the  com- 
manders of  the  said  ships  of  war  or  jirivateers  shall  be  obliged  to 
show.  No  shelter  or  refuge  shall  be  given  in  their  ports  to  such  as 
have  made  a prize  upon  the  subjects  or  citizens  of  either  of  the  said 
parties;  but  if  forced  by  stress  of  weather,  or  the  dangers  of  the  sea, 
to  enter  therein,  particular  care  shall  be  taken  to  hasten  their  de- 
parture, and  to  cause  them  to  retire  as  soon  as  possible.  Nothing  in 
this  treaty  contained  shall,  however,  be  construed  or  operate  contrary 
to  former  and  existing  public  treaties  with  other  sovereigns  or  States. 
But  the  two  parties  agree  that  while  they  continue  in  amity  neither 
of  them  will  in  future  make  any  treat}’’  that  shall  be  inconsistent  with 
this  or  the  preceding  article. 

Neither  of  the  said  parties  shall  permit  the  ships  or  goods  belong- 
ing to  the  subjects  or  citizens  of  the  other  to  be  taken  within  cannon 
shot  of  the  coast,  nor  in  any  of  the  bays,  2iorts  or  rivers  of  their  terri- 
tories, by  ships  of  war  or  others  having  commission  from  any  Prince, 
Republic  or  State  whatever.  But  in  case  it  should  so  haiipen,  the 
loarty  whose  territorial  rights  shall  thus  have  been  violated  shall  use 
his  utmost  endeavors  to  obtain  from  the  offending  party  full  and 
ample  satisfaction  for  the  vessel  or  vessels  so  taken,  whether  the  same 
be  vessels  of  war  or  merchant  i^essels. 


Expirert  October  2S,  IS07. 


GREAT  BRITAIN 1794. 


605 


Article  XXVI.“ 

If  at  any  time  a rupture  should  take  place  (which  God  forbid)  be- 
tween His  Majesty  and  the  United  States,  and  merchants  and  others 
of  each  of  the  two  nations  residing  in  the  dominions  of  the  other 
shall  have  the  privilege  of  remaining  and  continuing  their  trade,  so 
long  as  they  behave  peaceably  and  commit  no  offence  against  the  laws ; 
and  in  case  their  conduct  should  render  them  suspected,  and  the  re- 
spective Governments  should  think  proper  to  order  them  to  remove, 
the  term  of  twelve  months  from  the  publication  of  the  order  shall  be 
allowed  them  for  that  purpose,  to  remove  with  their  families,  effects  and 
property,  but  this  favor  shall  not  be  extended  to  those  who  shall  act 
contrary  to  the  established  laws;  and  for  greater  certainty,  it  is  de- 
clared that  such  rupture  shall  not  be  deemed  to  exist  while  negocia- 
tions  for  accommodating  differences  shall  be  depending,  nor  until  the 
respective  Ambassadors  or  Ministers,  if  such  there  shall  be,  shall  be 
recalled  or  sent  home  on  account  of  such  differences,  and  not  on  ac- 
count of  personal  misconduct,  according  to  the  nature  and  degrees  of 
which  both  parties  retain  their  rights,  either  to  request  the  recall,  or 
immediately  to  send  home  the  Ambassador  or  Minister  of  the  other, 
and  that  without  prejudice  to  their  mutual  friendship  and  good 
understanding. 

Article  XXVII.® 

It  is  further  agreed  that  His  Majesty  and  the  United  States,  on 
mutual  requisitions,  by  them  respectively,  or  by  their  respective  Min- 
isters or  officers  authorized  to  make  the  same,  will  deliver  up  to  jus- 
tice all  persons  who,  being  charged  with  murder  or  forgery,  com- 
mitted within  the  jurisdiction  of  either,  shall  seek  an  asylum  within 
any  of  the  countries  of  the  other,  provided  that  this  shall  only  be 
done  on  such  evidence  of  criminality  as,  according  to  the  laws  of  the 
place,  where  the  fugitive  or  person  so  charged  shall  be  found,  would 
justify  his  apprehension  and  commitment  for  trial,  if  the  offence  had 
there  been  committed.  The  expence  of  such  apprehension  and  de- 
livery shall  be  borne  and  defrayed  by  those  who  make  the  requisi- 
tion and  receive  the  fugitive. 

Article  XXVIII. 

It  is  agreed  that  the  first  ten  articles  of  this  treaty  shall  be  perma- 
nent, and  that  the  subsequent  articles,  except  the  twelfth,  shall  be 
limited  in  their  duration  to  twelve  years,  to  be  computed  from  the 
day  on  which  the  ratifications  of  this  treaty  shall  be  exchanged.,  but 
subject  to  this  condition.  That  whereas  the  said  twelfth  article  will 
expire  by  the  limitation  therein  contained,  at  the  end  of  two  years 
from  the  signing  of  the  preliminary  or  other  articles  of  peace,  which 
shall  terminate  the  present  war  in  which  His  Majesty  is  engaged,  it 
is  agreed  that  proper  measures  shall  by  concert  be  taken  for  bringing 
the  subject  of  that  article  into  amicable  treaty  and  discussion,  so 
early  before  the  expiration  of  the  said  term  as  that  new  arrangements 
on  that  head  may  by  that  time  be  perfected  and  ready  to  take  place. 
But  if  it  should  unfortunately  happen  that  His  Majesty  and  the 


® Expired  October  28,  1807. 


606 


TREATIES,  CONVENTIONS,  ETC. 


United  States  should  not  be  able  to  agree  on  such  new  arrangements, 
in  that  case  all  the  articles  of  this  treaty,  except  the  first  ten,  shall 
then  cease  and  expire  together. 

Lastly.  This  treaty,  when  the  same  shall  have  been  ratified  by  His 
Majesty  and  by  the  President  of  the  United  States,  by  and  with  the 
advice  and  consent  of  their  Senate,  and  the  respective  ratifications 
mutually  exchanged,  shall  be  binding  and  obligatory  on  His  Majesty 
and  on  the  said  States,  and  shall  be  by  them  respectively  executed  and 
observed  with  punctuality  and  the  most  sincere  regard  to  good  faith ; 
and  whereas  it  will  be  expedient,  in  order  the  better  to  facilitate  inter- 
course and  obviate  difficulties,  that  other  articles  be  proposed  and 
added  to  this  treaty,  which  articles,  from  want  of  time  and  other 
circumstances,  cannot  now  be  perfected,  it  is  agreed  that  the  said 
parties  will,  from  time  to  time,  readily  treat  of  and  concerning  such 
articles,  and  will  sincerely  endeavor  so  to  form  them  as  that  they  may 
conduce  to  mutual  convenience  and  tend  to  promote  mutual  satisfac- 
tion and  friendship ; and  that  the  said  articles,  after  having  been  duly 
ratified,  shall  be  added  to  and  make  a part  of  this  treaty.  In  faith 
whereof  we,  the  undersigned  Ministers  Plenipotentiary  of  His 
Majesty  the  King  of  Great  Britain  and  the  United  States  of  America, 
have  signed  this  present  treaty,  and  have  caused  to  be  affixed  thereto 
the  seal  of  our  arms. 

Done  at  London  this  nineteenth  day  of  November,  one  thousand 
seven  hundred  and  ninety- four. 

[seal.]  Grenville. 

[seal.]  John  Jay. 


Letter  from  Thomaa  Jefferson  to  George  Hammond. 

Philadelphia,  September  .5,  1193, 

Sir:  I am  honored  with  yours  of  August  30.  Mine  of  the  7th  of  that  month 
assured  you  that  measures  were  taken  for  excluding  from  all  further  asylum  in 
our  ports  vessels  armed  in  them  to  cruise  on  nations  with  which  we  are  at  peace, 
and  for  the  restoration  of  the  prizes  the  Lovely  Lass,  Prince  William  Henry, 
and  the  .Jane  of  Dublin ; and  that  should  the  measures  for  restitution  fail  in 
their  effect,  the  President  considered  it  as  incumbent  on  the  United  States  to 
make  compensation  for  the  vessels. 

We  are  bound  by  our  treaties  with  three  of  the  belligerent  nations,  by  all  the 
means  in  our  power,  to  protect  and  defend  their  vessels  and  effects  in  our  ports, 
or  waters,  or  on  the  seas  near  our  shores,  and  to  recover  and  restore  the  same  to 
the  right  owners  when  taken  from  them.  If  all  the  means  in  our  power  are 
used,  and  fail  in  their  effect,  we  are  not  bound  by  our  treaties  with  those  nations 
to  make  compensation. 

Though  we  have  no  similar  treaty  with  Great  Britain,  it  was  the  opinion  of 
the  President  that  we  should  use  towards  that  nation  the  same  rule  which, 
under  this  article,  was  to  govern  us  with  the  other  nations ; and  even  to  extend 
it  to  x;aptures  made  on  the  high  seas  and  brought  into  our  ports,  if  done  by 
vessels  which  had  been  armed  within  them. 

Having,  for  particular  reasons,  forbore  to  use  all  the  means  in  our  power  for 
the  restitution  of  the  three  vessels  mentioned  in  my  letter  of  August  7th,  the 
President  thought  it  incumbent  on  the  United  States  to  make  compensation  for 
them : and  though  nothing  was  said  in  that  letter  of  other  vessels  taken  under 
like  circumstances,  and  brought  in  after  the  5th  of  June,  and  before  the  date 
of  that  letter,  yet  when  the  same  forbearance  had  taken  place,  it  was  and  is 
his  opinion,  that  compensation  would  be  equally  due. 

As  to  prizes  made  under  the  same  circumstances,  and  brought  in  after  the  date 
of  that  letter,  the  President  determined  that  all  the  means  in  our  power  should 
be  used  for  their  restitution.  If  these  fail,  as  we  should  not  be  bound  by  our 
treaties  to  make  compensation  to  the  other  Poewrs  in  the  analogous  case,  he 
did  not  mean  to  give  an  opinion  that  it  ought  to  be  done  to  Great  Britain. 


GREAT  BRITAIN 1794-1’796. 


607 


Bnt  still,  if  any  cases  shall  arise  subsequent  to  that  date,  the  circumstances  of 
which  shall  place  them  on  similar  ground  with  those  before  it,  the  President 
would  think  compensation  equally  incumbent  on  the  United  States. 

Instructions  are  given  to  the  Governors  of  the  different  States  to  use  all  the 
means  in  their  power  for  restoring  prizes  of  this  last  description  found  within 
their  ports.  Though  they  will,  of  course,  take  measures  to  be  informed  of  them, 
and  the  General  Government  has  given  them  the  aid  of  the  custom-house  officers 
for  this  purpose,  yet  you  will  be  sensible  of  the  importance  of  multiplying  the 
channels  of  their  information  as  far  as  shall  depend  on  yourself,  or  any  person 
under  your  direction,  in  order  that  the  Governors  may  use  the  means  in  their 
power  for  niaking  restitution. 

Without  knowledge  of  the  capture  they  cannot  restore  it.  It  will  always  be 
best  to  give  the  notice  to  them  directly ; but  any  inforamtion  which  you  shall  be 
pleased  to  send  to  me,  also,  at  any  time,  shall  be  forwarded  to  them  as  quickly 
as  distance  will  permit. 

Hence  you  Will  perceive,  sir,  that  the  President  contemplates  restitution  or 
compensation  in  the  case  before  the  7th  of  August;  and  after  that  date,  resti- 
tution if  it  can  be  effected  by  any  means  in  our  power.  And  that  it  will  be 
Important  that  you  should  substantiate  the  fact  that  such  prizes  are  in  our 
ports  or  waters. 

Your  list  of  the  privateers  illicitly  armed  in  our  ports  is,  I believe,  correct. 

With  respect  to  losses  by  detention,  waste,  spoliation  sustained  by  vessels 
taken  as  before  mentioned,  between  the  dates  of  June  5th  and  August  7th,  it  is 
proposed  as  a provisional  measure  that  the  Collector  of  the  Customs  of  the  dis- 
trict, and  the  British  Consul,  or  any  other  person  you  please,  shall  appoint  per- 
sons to  establish  the  value  of  the  vessel  and  cargo  at  the  time  of  her  capture 
and  of  her  arrival  in  the  port  into  which  she  is  brought,  according  to  their  value 
in  that  port.  If  this  shall  be  agreeable  to  you,  and  you  will  be  pleased  to  sig- 
nify it  to  me,  with  the  names  of  the  prizes  understood  to  be  of  this  description, 
instructions  will  be  given  accordingly  to  the  Collector  of  the  Customs  where  the 
respective  vessels  are, 

I have  the  honor  to  be,  &c.,  Th  : Jefferson. 

Geo  : Hammond,  Esq. 


ADDITIONAL  ARTICLE.® 

It  is  further  agreed,  between  the  said  contracting  parties,  that  the 
operation  of  so  much  of  the  twelfth  article  of  the  said  treaty  as  re- 
spects the  trade  which  his  said  Majesty  thereby  consents  may  be 
carried  on  between  the  United  States  and  his  islands  in  the  West 
Indies,  in  the  manner  and  on  the  terms  and  conditions  therein  speci- 
fied, shall  be  suspended. 


1796.*' 

Explanatory  Article  to  the  Third  Article  of  the  Treaty  of  No- 
vember 19,  1794,  Respecting  the  Liberty  to  Pass  and  Repass  the 
Borders  and  to  Carry  on  Trade  and  Commerce. 

Concluded  May  .^,  1796;  Ratification  advised  hy  Senate  May  9,  1796. 

Whereas  by  the  third  article  of  the  treaty  of  amity,  commerce  and 
navigation,  concluded  at  London  on  the  nineteenth  day  of  November, 
one  thousand  seven  hundred  and  ninety-four,  between  His  Britannic 


“Amendment  of  the  Senate  by  its  resolution  advising  ratification,  June  24, 
1795,  accepted  by  Great  Britain. 

This  additional  article  expired  October  28,  1807. 

® See  note  concerning  treaties  with  Great  Britain,  page  580. 


608 


TREATIES,  CONVENTIONS,  ETC. 


Majesty  and  the  United  States  of  America,  it  was  agreed  that  it 
should  at  all  times  be  free  to  His  Majesty’s  subjects  and  to  the  citi- 
zens of  the  United  States,  and  also  to  the  Indians  dwelling  on  either 
side  of  the  boundary  line,  assigned  by  the  treaty  of  peace  to  the  United 
States,  freely  to  pass  and  repass,  by  land  or  inland  navigation, 
into  the  respective  territories  and  countries  of  the  two  contracting 
parties,  on  the  continent  of  America,  (the  country  within  the  limits 
of  the  Hudson’s  Bay  Company  only  excepted,)  and  to  navigate  all 
the  lakes,  rivers,  and  waters  thereof,  and  freely  to  carry  on  trade  and 
commerce  with  each  other,  subject  to  the  provisions  and  limitations 
contained  in  the  said  article:  And  whereas  by  the  eighth  article  of 
the  treaty  of  peace  and  friendship  concluded  at  Greenville  on  the 
third  day  of  August,  one  thousand  seven  hundred  and  ninety-five,  be- 
tween the  United  States  and  the  nations  or  tribes  of  Indians  called 
the  Wyandots,  Delawares,  Shawanoes,  Ottawas,  Chippewas,  Puta- 
watimies,  Miamis,  Eel  River,  Weeas,  Kickapoos,  Piankashaws,  and 
Kaskaskias,  it  was  stipulated  that  no  person  should  be  permitted  to 
reside  at  any  of  the  towns  or  the  hunting  camps  of  the  said  Indian 
tribes,  as  a trader,  who  is  not  furnished  with  a licence  for  that  pur- 
pose under  the  authority  of  the  United  States:  IITiich  latter  stipu- 
lation has  excited  doubts,  whether  in  its  operation  it  may  not  inter- 
fere with  the  due  execution  of  the  third  article  of  the  treat}’^  of 
amity,  commerce  and  navigation:  And  it  being  the  sincere  desire  of 
His  Britannic  Majesty  and  of  the  United  States  that  this  point  should 
be  so  explained  as  to  remove  all  doubts  and  promote  mutual  satisfac- 
tion and  friendship:  And  for  this  purpose  His  Britannic  Majesty 
having  named  for  his  Commissioner,  Phineas  Bond,  Esquire,  His 
Majesty’s  Consul-General  for  the  Middle  and  Southern  States  of 
America,  (and  now  His  Majesty’s  Charge  d’Alfaires  to  the  United 
States,)  and  the  President  of  the  United  States  having  named  for 
their  Commissioner,  Timothy  Pickering,  Esquire,  Secretary  of  State 
of  the  United  States,  to  whom,  agreeably  to  the  laws  of  the  United 
States,  he  has  intrusted  this  negotiation : They,  the  said  Commission- 
ers, having  communicated  to  each  other  their  full  powers,  have,  in 
virtue  of  the  same,  and  conformably  to  the  spirit  of  the  last  article 
of  the  said  treaty  of  amity,  commerce  and  navigation,  entered  into 
this  explanatory  article,  and  do  by  these  presents  explicitly  agree  and 
declare,  that  no  stipulations  in  any  treaty  subsequently  concluded  by 
either  of  the  contracting  parties  with  any  other  State  or  nation,  or 
Avith  any  Indian  tribe,  can  be  understood  to  derogate  in  any  manner 
from  the  rights  of  free  intercourse  and  commerce,  secui’ed  by  the 
aforesaid  third  article  of  the  treaty  of  amity,  commerce  and  naviga- 
tion, to  the  subjects  of  his  Majesty  and  to  the  citizens  of  the  United 
States,  and  to  the  Indians  dAvelling  on  either  side  of  the  boundary 
line  aforesaid;  but  that  all  the  said  persons  shall  remain  at  full 
liberty  freely  to  pass  and  repass,  by  land  or  inland  naUgation,  into 
the  respective  territories  and  countries  of  the  contracting  parties,  on 
either  side  of  the  said  boundary  line,  and  freely  to  carry  on  trade 
and  commerce  with  each  other,  according  to  the  stipulations  of  the 
said  third  article  of  the  treaty  of  amity,  commerce  and  navigation. 

This  explanatory  article,  when  the  same  shall  have  been  ratified  by 
His  Majesty  and  by  the  President  of  the  United  States,  by  and  with 
the  advice  and  consent  of  their  Senate,  and  the  respective  ratifications 


GREAT  BRITAIN 1796-1798. 


609 


mutually  exchanged,  shall  be  added  to  and  make  a part  of  the  said 
treaty  of  amity,  commerce  and  navigation,  and  shall  be  permanently 
binding  upon  His  Majesty  and  the  United  States. 

In  witness  whereof  we,  the  said  Commissioners  of  His  Majesty  the 
King  of  Great  Britain  and  the  United  States  of  America,  have  signed 
this  present  explanatory  article,  and  thereto  affixed  our  seals. 

Done  at  Philadeliihia  this  fourth  day  of  May,  in  the  year  of  our 
Lord  one  thousand  seven  hundred  and  ninety-six. 

[seal.]  P.  Bond. 

[seal.]  Timothy  Pickering. 


1798.“ 

Explanatory  Article  to  the  Treaty  of  November  19,  1794,  Re- 
leasing THE  Commissioners  under  the  Fifth  Article  from 
Particularizing  the  Latitude  and  Longitude  of  the  River 
St.  Croix. 

Concluded  March  15^  1798;  Ratification  advised  hy  Senate  June  5, 

1798. 

Wliereas  by  the  twenty-eighth  article  of  the  treaty  of  amity,  com- 
merce, and  navigation  between  His  Britannick  Majesty  and  the 
United  States,  signed  at  London  on  the  nineteenth  day  of  November, 
one  thousand  seven  hundred  and  ninety-four,  it  was  agreed  that  the 
contracting  parties  would,  from  time  to  time,  readily  treat  of  and 
concerning  such  further  articles  as  might  be  proposed;  that  they 
would  sincerely  endeavour  so  to  form  such  articles  as  that  they  might 
conduce  to  mutual  convenience  and  tend  to  promote  mutual  satisfac- 
tion and  friendship ; and  that  such  articles,  after  having  been  duly 
ratified,  should  be  added  to  and  make  a part  of  that  treaty : And 
whereas  difficulties  have  arisen  with  respect  to  the  execution  of  so 
much  of  the  fifth  article  of  the  said  treaty  as  requires  that  the  Com- 
missioners appointed  under  the  same  should  in  their  description 
particularize  the  latitude  and  longitude  of  the  source  of  the  river 
which  m.ay  be  found  to  be  the  one  truly  intended  in  the  treaty  of 
peace  between  His  Britannick  Majesty  and  the  United  States,  under 
the  name  of  the  river  St.  Croix,  by  reason  whereof  it  is  expedient 
that  the  said  Commissioners  should"  be  released  from  the  obligation 
of  conforming  to  the  provisions  of  the  said  article  in  this  respect. 
The  undersigned  being  respectively  named  by  His  Britannick  Maj- 
esty and  the  United  States  -of  America  their  Plenipotentiaries  for 
the  purpose  of  treating  of  and  concluding  such  articles  as  may  be 
proper  to  be  added  to  the  said  treaty,  in  conformity  to  the  above- 
mentioned  stipulation,  and  having  communicated  to  each  other  their 
respective  full  powers,  have  agreed  and  concluded,  and  do  hereby 
declare  in  the  name  of  His  Britannick  Majesty  and  of  the  United 
States  of  America,  that  the  Commissioners  appointed  under  the  fifth 
article  of  the  above-mentioned  treaty  shall  not  be  obliged  to  particu- 
larize, in  their  description,  the  latitude  and  longitude  of  the  source 


“ See  note  concerning  treaties  with  Great  Britain,  page  580. 


24449— VOL  1—10 39 


610 


TREATIES,  CONVENTIONS,  ETC, 


of  the  river  which  may  be  found  to  be  the  one  truly  intended  in  the 
aforesaid  treaty  of  peace  under  the  name  of  the  river  St.  Croix,  but 
they  shall  be  at  liberty  to  describe  the  said  river,  in  such  other  man- 
ner as  they  may  judge  expedient,  which  description  shall  be  consid- 
ered as  a complete  execution  of  the  duty  required  of  the  said  Commis- 
sioners in  this  respect  by  the  article  aforesaid.  And  to  the  end  that 
no  uncertainty  may  hereafter  exist  on  this  subject,  it  is  further  agreed. 
That  as  soon  as  may  be  after  the  decision  of  the  said  Commissioners, 
measures  shall  be  concerted  between  the  Government  of  the  United 
States  and  His  Britannick  Majesty’s  Governors  or  Lieutenant  Gov- 
ernors in  America,  in  order  to  erect  and  keep  in  repair  a suitable 
monument  at  the  place  ascertained  and  described  to  be  the  source  of 
the  said  river  St.  Croix,  which  measures  shall  immediately  thereupon, 
and  as  often  afterwards  as  may  be  requisite,  be  duly  executed  on  both 
sides  with  punctuality  and  good  faith. 

This  explanatory  article,  when  the  same  shall  have  been  ratified  by 
His  Majesty  and  by  the  President  of  the  United  States,  by  and  with 
the  advice  and  consent  of  their  Senate,  and  the  respective  ratifications 
mutually  exchanged,  shall  be  added  to  and  make  a part  of  the  treaty 
of  amity,  commerce,  and  navigation  between  His  Majesty  and  the 
United  States,  signed  at  London  on  the  nineteenth  day  of  November, 
one  thousand  seven  hundred  and  ninety-four,  and  shall  be  perma- 
nently binding  upon  His  Majesty  and  the  United  States. 

In  witness  whereof  we,  the  said  undersigned  Plenipotentiaries  of 
His  Britannick  Majesty  and  the  United  States  of  America,  have 
signed  this  present  article,  and  have  caused  to  be  affixed  thereto  the 
seal  of  our  arms. 

Done  at  London  this  fifteenth  day  of  March,  one  thousand  seven 
hundred  and  ninety-eight. 

[seal.]  Grenville. 

[seal.]  Rufus  King. 


Tlie  declaration  was  made  by  the  Commission  under  this  treaty  October  25, 
1798. 


1802.“ 


Convention  for  Payment  of  Indemnities  and  Settlement  of 

Debts. 

Concluded  January  <§,  1802;  Rati-fications  advised  by  Senate  April 
26,  1802;  Rati-fied  by  the  President  April  27,  1802;  Ratifications 
exchanged  July  15,  1802.  Proclaimed  April  27, 1802. 


Articles. 


I.  Claims;  time  of  payments. 
II.  Claims  under  treaty  of  1783. 


III.  Commissioners. 

IV.  Ratification. 


Difficulties  having  arisen  in  the  execution  of  the  sixth  article  of 
the  treaty  of  amity,  commerce  and  navigation,  concluded  at  London 

“ See  note  concerning  treaties  with  Great  Britain,  page  580. 


GEEAT  BRITAIN 1802. 


611 


on  the  nineteenth  day  of  Xovember,  one  thousand  seven  hundred  and 
ninety-four,  between  His  Britannic  Majesty  and  the  United  States 
of  America,  and  in  consequence  thereof  the  proceedings  of  the  Com- 
missioners under  the  seventh  article  of  the  same  treaty  having  been 
suspended,  the  parties  to  the  said  treati^  being  equally  desirous,  as 
far  as  may  be,  to  obviate  such  difficulties,  have  respectively  named 
Plenipotentiaries  to  treat  and  agree  respecting  the  same,  that  is  to 
say.  His  Britannic  Majesty  has  named  for  his  Plenipotentiary,  the 
Right  Plonourable  Robert  Banks  Jenkinson,  commonly  called  Lord 
Hawkesbury,  one  of  His  Majesty’s  Most  Honourable  Privy  Council, 
and  his  Principal  Secretary  of  State  for  Foreign  Affairs;  and  the 
President  of  the  United  States,  by  and  with  the  advice  and  consent 
of  the  Senate  thereof,  has  named  for  their  Plenipotentiary,  Rufus 
King,  Esquire,  Minister  Plenipotentiary  of  the  said  United  States  to 
his  Britannic  Majesty;  who  have  agreed  to  and  concluded  the  fol- 
lowing articles: 

Article  I. 

In  satisfaction  and  discharge  of  the  money  which  the  United  States 
might  have  been  liable  to  pay  in  pursuance  of  the  provisions  of  the 
said  sixth  article,  which  is  hereby  declared  to  be  cancelled  and  an- 
nulled, except  so  far  as  the  same  may  relate  to  the  execution  of  the 
said  seventh  article,  the  United  States  of  America  hereby  engage  to 
pay,  and  His  Britannic  Majesty  consents  to  accept,  for  the  use  of  the 
persons  described  in  the  said  sixth  article,  the  sum  of  six  hundred 
thousand  pounds  sterling,  payable  at  the  times  and  place,  and  in  the 
manner  following,  tjiat  is  to  say,  the  said  sum  of  six  hundred  thou- 
sand pounds  sterling  shall  be  paid  at  the  city  of  AVashington,  in  three 
annual  instalments  of  two  hundred  thousand  pounds  sterling  each, 
and  to  such  person  or  persons  as  shall  be  authorized  by  His  Britannic 
Majesty  to  receive  the  same;  the  first  of  the  said  instalments  to  be 
paid  at  the  expiration  of  one  year,  the  second  instalment  at  the  expi- 
ration of  two  years,  and  the  third  and  last  instalment  at  the  expira- 
tion of  three  years  next  following  the  exchange  of  the  ratifications 
of  this  convention.  And  to  prevent  any  disagreement  concerning  the 
rate  of  exchanges,  the  said  payments  shall  be  made  in  the  money  of 
the  said  United  States,  reckoning  four  dollars  and  forty-four  cents 
to  be  equal  to  one  pound  sterling. 

Article  II. 

Whereas  it  is  agreed  by  the  fourth  article  of  the  definitive  treaty 
of  peace,  concluded  at  Paris  on  the  third  day  of  September,  one 
thousand  seven  hundred  and  eighty-three,  between  His  Britannic 
Majesty  and  the  United  States,  that  creditors  on  either  side  should 
meet  with  no  lawful  impediment  to  the  recovery  of  the  full  value  in 
sterling  money  of  all  hona  fide  debts  theretofore  contracted,  it  is 
hereby  declared  that  the  said  fourth  article,  so  far  as  respects  its 
future  operation,  is  hereby  recognized,  confirmed  and  declared  to  be 
binding  and  obligatory  on  His  Britannic  Majesty  and  the  said  United 
States,  and  the  same  shall  be  accordingly  observed  with  punctuality 
and  good  faith,  and  so  as  that  the  said  creditors  shall  hereafter  meet 
with  no  lawful  impediment  to  the  recovery  of  the  full  value  in  ster- 
ling money  of  their  hona  fide  debts. 


612 


TKEATIES,  CONVENTIONS,  ETC. 


Article  III. 

Tt  is  furthermore  agreed  and  concluded  that  the  Commissioners  ap- 
pointed in  pursuance  of  the  seventh  article  of  the  said  treaty  of 
amity,  commerce  and  navigation,  and  whose  proceedings  have  been 
suspended  as  aforesaid,  shall,  immediately  after  the  signature  of  this 
convention,  re-assemble  and  proceed  in  the  execution  of  their  duties 
according  to  the  provisions  of  the  said  seventh  article,  except  only 
that,  instead  of  the  sums  awarded  by  the  said  Commissioners  being 
made  payable  at  the  time  or  times  by  them  appointed,  all  sums  of 
money  by  them  awarded  to  be  paid  to  American  or  British  claimants, 
according  to  the  provisions  of  the  said  seventh  article,  shall  be  made 
payable  in  three  equal  instalments,  the  first  whereof  to  be  paid  at  the 
expiration  of  one  year,  the  second  at  the  expiration  of  two  years,  and 
the  third  and  last  at  the  expiration  of  three  years  next  after  the  ex- 
change of  the  ratifications  of  this  convention. 

Article  IV. 

This  convention,  when  the  same  shall  have  been  ratified  by  His 
Majesty,  and  by  the  President  of  the  United  States,  by  and  with  the 
advice  and  consent  of  the  Senate  thereof,  and  the  respective  ratifica- 
tions duly  exchangedj  shall  be  binding  and  obligatory  upon  His  Maj- 
esty and  the  said  United  States. 

In  faith  whereof  we,  the  undersigned  Plenipotentiaries  of  His  Bri- 
tannic Majesty  and  of  the  United  States  of  America,  by  virtue  of  our 
respective  full  powers,  have  signed  the  present  convention,  and  have 
caused  the  seals  of  our  arms  to  be  affixed  thereto. 

Done  at  London  the  eighth  day  of  January,  one  thousand  eight 
hundred  and  two. 

[seal.]  HAWKESBrRY. 

[seal.]  Rufus  King. 


1814. 

Treaty  or  Peace  and  Amity. 


(TREATY  OF  GHENT.) 

Concluded  at  Ghent  December  181k;  ratification  advised  by  the 
Senate  February  16,  1815;  ratified  by  the  President  February  17, 
1815;  ratifications  exchanged  February  17,  1815;  proclaimed  Feb- 
ruary 18, 1815, 

Articles. 


I.  Peace  declared ; restoration  of 
territory,  archives,  etc. 

II.  Cessation  of  hostilities. 

III.  Release  of  prisoners. 

IV.  Boundaries ; determination  of 

northeastern. 

V.  Boundaries;  determination  of 

northern,  from  St.  Croix  River 
to  St.  I>awrence  River. 

VI.  Boundaries;  determination  of 

northern,  from  St.  Lawrence 
River  to  Lake  Superior. 


VII.  Boundaries;  determination  of 
northern,  from  Lake  Huron 
to  Lake  of  the  Woods. 

VIII.  Powers  of  boundary  commis- 
sions, etc. 

IX.  Cessation  of  hostilities  with 
Indians. 

X.  Abolition  of  slave  trade. 

XT.  Ratification. 


His  Britannic  Majesty  and  the  United  States  of  America,  desirous 
of  terminating  the  war  which  has  unhappily  subsisted  between  the 


GEEAT  BEITAIN 1814. 


613 


two  countries,  and  of  restoring,  upon  principles  of  perfect  reciproc- 
ity, peace,  friendship  and  good  understanding  between  them,  have, 
for  that  purpose,  appointed  their  respective  Plenipotentiaries,  that 
is  to  saj^ : 

His  Britannic  Majesty,  on  his  part,  has  appointed  the  Eight  Hon- 
ourable James  Lord  Gambler,  late  Admiral  of  the  White,  now  Ad- 
miral of  the  Eed  Squadron  of  His  Majesty’s  fleet,  Henry  Goulburn, 
Esquire,  a member  of  the  Imperial  Parliament,  and  Under  Secretary 
of  State,  and  William  Adams,  Esquire,  Doctor  of  Civil  Laws;  and 
the  President  of  the  United  States,  by  and  with  the  advice  and  con- 
sent of  the  Senate  thereof,  has  appointed  John  Quincy  Adams,  James 
A.  Bayard,  Henry  Clay,  Jonathan  Russell,  and  Albert  Gallatin, 
citizens  of  the  United  States ; 

Who,  after  a reciprocal  communication  of  their  respective  full 
powers,  have  agreed  upon  the  following  articles : 

Article  I. 

There  shall  be  a firm  and  universal  peace  between  His  Britannic 
Majesty  and  the  United  States,  and  between  their  respective  coun- 
tries, territories,  cities,  towns  and  people,  of  every  degree,  without 
excejition  of  places  or  persons.  All  hostilities,  botli  by  sea  and  land, 
shall  cease  as  soon  as  this  treaty  shall  have  been  ratified  by  both  par- 
ties, as  hereinafter  mentioned.  All  territory,  places  and  possessions 
whatsoever,  taken  by  either  party  from  the  other  during  the  war, 
or  which  may  be  taken  after  the  signing  of  this  treaty,  excepting 
only  the  islands  hereinafter  mentioned,  shall  be  restored  without 
delay,  and,  without  causing  any  destruction  or  carrying  away  any  of 
the  artillery  or  other  public  property  originally  captured  in  the 
said  forts  or  places,  and  which  shall  remain  therein  upon  the  ex- 
change of  the  ratifications  of  this  treaty,  or  any  slaves  or  other  pri- 
vate property.  And  all  archives,  records,  deeds  and  papers,  either  of  a 
public  nature  or  belonging  to  private  persons,  which,  in  the  course 
of  the  war,  may  have  fallen  into  the  hands  of  the  officers  of  either 
party,  shall  be,  as  far  as  may  be  practicable,  forthwith  restored  and 
delivered  to  the  proper  authorities  and  persons  to  whom  they  respec- 
tively belong.  Such  of  the  islands  in  the  Bay  of  Passamaquoddy  as 
are  claimed  by  both  parties,  shall  remain  in  the  possession  of  the 
party  in  whose  occupation  they  may  be  at  the  time  of  the  exchange 
of  the  ratifications  of  this  treaty,  until  the  decision  respecting  the 
title  to  the  said  islands  shall  have  been  made  in  conformity  with  the 
fourth  article  of  this  treaty.  No  disposition  made  by  this  treaty 
as  to  such  possession  of  the  islands  and  territories  claimed  by  both 
parties  shall,  in  any  manner  whatever,  be  construed  to  affect  the 
right  of  either. 

Article  II. 

Immediately  after  the  ratifications  of  this  treaty  by  both  parties, 
as  hereinafter  mentioned,  orders  shall  be  sent  to  the  armies,  squad- 
rons, officers,  subjects  and  citizens  of  the  two  Powers  to  cease  from 
all  hostilities.  And  to  prevent  all  causes  of  complaint  which  might 
arise  on  account  of  the  prizes  which  may  be  taken  at  sea  after  the 
said  ratifications  of  this  treaty,  it  is  reciprocally  agreed  that  all 
vessels  and  effects  which  may  be  taken  after  the  space  of  twelve  days 


614 


Treaties,  conventions,  etc. 


from  the  said  ratifications,  upon  all  parts  of  the  coast  of  Xorth 
America,  from  the  latitude  of  twenty-three  degrees  north  to  the  lati- 
tude of  fifty  degrees  north,  and  as  far  eastward  in  the  Atlantic 
Ocean  as  the  thirty-sixth  degree  of  west  longitude  from  the  meridian 
of  Greenwich,  shall  be  restored  on  each  side:  that  the  time  shall  be 
thirty  days  in  all  other  parts  of  the  Atlantic  Ocean  north  of  the 
equinoctial  line  or  equator,  and  the  same  time  for  the  British  and 
Irish  Channels,  for  the  Gulf  of  Mexico,  and  all  parts  of  the  West 
Indies;  forty  days  for  the  North  Seas,  for  the  Baltic,  and  for  all 
parts  of  the  Mediterranean ; sixty  days  for  the  Atlantic  Ocean  south 
of  the  equator,  as  far  as  the  latitude  of  the  Cape  of  Good  Hope; 
ninety  days  for  every  other  part  of  the  world  south  of  the  equator; 
and  one  hundred  and  twenty  days  for  all  other  parts  of  the  world, 
without  exception. 

Article  III. 

All  prisoners  of  war  taken  on  either  side,  as  well  by  land  as  by 
sea,  shall  be  restored  as  soon  as  practicable  after  the  ratifications  of 
this  treaty,  as  hereinafter  mentioned,  on  their  paying  the  debts  which 
they  have  contracted  during  their  captivity.  The  two  contracting 
parties  respectively  engage  to  discharge,  in  specie,  the  advances  which 
may  have  been  made  by  the  other  for  the  sustenance  and  maintenance 
of  such  prisoners. 

Article  IV.“ 

MTiereas  it  was  stipulated  by  the  second  article  in  the  treaty  of 
peace  of  one  thousand  seven  hundred  and  eighty-three,  between  His 
Britannic  Majesty  and  the  United  States  of  America,  that  the  bound- 
ary of  the  United  States  should  comprehend  all  islands  within 
twenty  leagues  of  any  part  of  the  shores  of  the  United  States,  and 
lying  between  lines  to  be  drawn  due  east  from  the  points  where  the 
aforesaid  boundaries,  between  Nova  Scotia  on  the  one  part,  and  East 
Florida  on  the  other,  shall  respectively  touch  the  Bay  of  Fundy  and 
the  Atlantic  Ocean,  excepting  such  islands  as  now  are,  or  heretofore 
have  been,  within  the  limits  of  Nova  Scotia ; and  whereas  the  several 
islands  in  the  Bay  of  Passamaquoddy,  which  is  part  of  the  Ba}’^  of 
Fundy,  and  the  Island  of  Grand  Menan,  in  the  said  Bay  of  Fundy, 
are  claimed  by  the  PTnited  States  as  being  comprehended  within 
their  aforesaid  boundaries,  which  said  islands  are  claimed  as  be- 
longing to  His  Britannic  Majesty,  as  having  been,  at  the  time  of 
and  previous  to  the  aforesaid  treaty  of  one  thousand  seven  hundred 
and  eighty-three,  within  the  limits  of  the  Province  of  Nova  Scotia; 
In  order,  therefore,  finally  to  decide  upon  these  claims,  it  is  agreed 
that  they  shall  be  referred  to  two  Commissioners  to  be  appointed  in 
the  following  manner,  viz : One  Commissioner  shall  be  appointed 
by  His  Britannic  Majesty,  and  one  by  the  President  of  the  United 
States,  by  and  with  the  advice  and  consent  of  the  Senate  thereof ; and 
the  said  two  Commissioners  so  appointed  shall  be  sworn  impartially 
to  examine  and  decide  upon  the  said  claims  according  to  such  evidence 
as  shall  be  laid  before  them  on  the  part  of  His  Britannic  Majesty  and 


“ Decision  of  Commission  under  this  article,  page  G19. 


GREAT  BRITAIN 1814. 


615 


of  the  United  States  respectively.  The  said  Commissioners  shall  meet 
at  St.  Andrews,  in  the  Province  of  New  Brunswick,  and  shall  have 
power  to  adjourn  to  such  other  place  or  places  as  they  shall  think  fit. 
The  said  Commissioners  shall,  by  a declaration  or  report  under  their 
hands  and  seals,  decide  to  which  of  the  two  contracting  parties  the 
several  islands  aforesaid  do  respectively  belong,  in  conformity  with 
the  true  intent  of  the  said  treaty  of  peace  of  one  thousand  seven  hun- 
dred and  eighty-three.  And  if  the  said  Commissioners  shall  agree  in 
their  decision,  both  parties  shall  consider  such  decision  as  final  and 
conclusive.  It  is  further  agreed  that,  in  event  of  the  two  Commis- 
sioners differing  upon  all  or  any  of  the  matters  so  referred  to  them, 
or  in  the  event  of  both  or  either  of  the  said  Commissioners  refusing, 
or  declining,  or  wilfully  omitting  to  act  as  such,  they  shall  make, 
jointly  or  separately,  a report  or  reports,  as  well  to  the  Government 
of  His  Britannic  Majesty  as  to  that  of  the  United  States,  stating  in 
detail  the  points  on  which  they  differ,  and  the  grounds  upon  which 
their  respective  opinions  have  been  formed,  or  the  grounds  upon 
which  they,  or  either  of  them,  have  so  refused,  declined,  or  omitted 
to  act.  And  His  Britannic  Majesty  and  the  Government  of  the 
United  States  hereby  agree  to  refer  the  report  or  reports  of  the 
said  Commissioners  to  some  friendly  sovereign  or  State,  to  be  then 
named  for  that  purpose,  and  who  shall  be  requested  to  decide  on  the 
differences  which  may  be  stated  in  the  said  report  or  reports,  or 
upon  the  report  of  one  Commissioner,  together  with  the  grounds  upon 
which  the  other  Commissioner  shall  have  refused,  declined  or  omitted 
to  act,  as  the  case  may  be.  And  if  the  Commissioner  so  refusing,  de- 
clinig  or  omitting  to  act,  shall  also  wilfully  omit  to  state  the 
grounds  upon  wdiich  he  has  so  done,  in  such  manner  that  the  said 
statement  may  be  referred  to  such  friendly  sovereign  or  State,  to- 
gether with  the  report  of  such  other  Commissioner,  then  such 
sovereign  or  State  shall  decide  ex  parte  upon  the  said  report  alone. 
And  His  Britannic  Majesty  and  the  Government  of  the  United 
States  engage  to  consider  the  decision  of  such  friendly  sovereign  or 
State  to  be  final  and  conclusive  on  all  the  matters  so  referred. 

Article  V.® 

IVhereas  neither  that  point  of  the  highlands  lying  due  north  from 
the  source  of  the  river  St.  Croix,  and  designated  in  the  former 
treaty  of  peace  between  the  two  Powers  as  the  northwest  angle  of 
Nova  Scotia,  nor  the  northwesternmost  head  of  Connecticut  Kiver, 
has  yet  been  ascertained;  and  whereas  that  part  of  the  boundary 
line  between  the  dominions  of  the  two  Powers  which  extends  from 
the  source  of  the  river  St.  Croix  directly  north  to  the  abovementioned 
northwest  angle  of  Nova  Scotia,  thence  along  the  said  highlands 
which  divide  those  rivers  that  empty  themselves  into  the  river  St. 
Lawrence  from  those  which  fall  into  the  Atlantic  Ocean  to  the 
northwesternmost  head  of  Connecticut  River,  thence  down  along  the 
middle  of  that  river  to  the  forty-fifth  degree  of  north  latitude ; thence 
by  a line  due  west  on  said  latitude  until  it  strikes  the  river  Iroquois  or 
Cataraquy,  has  not  yet  been  surveyed ; it  is  agreed  that  for  these 
several  purposes  two  Commissioners  shall  be  appointed,  sworn  and 


Decision  of  Commission  under  this  article,  page  G20. 


616 


TREATIES,  CONVENTIONS,  ETC. 


authorized  to  act  exactly  in  the  manner  directed  Avitii  respect  to  those 
mentioned  in  the  next  preceding  article,  unless  otherwise  specified  in 
the  present  article.  The  said  Commissioners  shall  meet  at  St.  An- 
drews, in  the  Province  of  New  Brunswick,  and  shall  have  power  to 
adjourn  to  such  other  place  or  places  as  they  shall  think  fit.  The  said 
Commissioners  shall  hai’e  poAver  to  ascertain  and  determine  the  points 
aboA’e  mentioned,  in  conformity  Avith  the  provisions  of  the  said  treaty 
of  peace  of  one  thousand  seven  hundred  and  eighty-three,  and  shall 
cause  the  boundary  aforesaid,  from  the  source  of  the  riA’er  St.  Croix 
to  the  river  Iroquois  or  Cataraquy,  to  be  surA^eyed  and  marked  ac- 
cording to  the  said  proAusions.  The  .said  Commissioners  shall  make 
a map  of  the  said  boundary,  and  annex  to  it  a declaration  under  their 
hands  and  seals,  certifving  it  to  be  the  true  maji  of  the  said  boundary, 
and  particularizing  the  latitude  and  longitude  of  the  northwest  angle 
of  Nova  Scotia,  of  the  northwesternmost  head  of  Connecticut  EiA’er, 
and  of  such  other  points  of  the  said  boundary  as  they  may  deem 
jDi’oper.  And  both  parties  agree  to  consider  such  majD  and  declaration 
as  finally  and  conclusiA^ely  fixing  the  said  boundary.  And  in  the 
event  of  the  said  tAvo  Commissioners  differing,  or  both  or  either  of 
them  refusing,  declining,  or  Avilfully  omitting  to  act,  such  reports, 
declarations  or  statements  shall  be  made  by  them,  or  either  of  them, 
and  such  reference  to  a friendly  soA^ereign  or  State  shall  be  made  in 
all  respects  as  in  the  latter  part  of  the  fourth  article  is  contained, 
and  in  as  full  a manner  as  if  the  same  was  herein  repeated. 

Article  VI." 

lldiereas  by  the  former  treaty  of  jieace  that  portion  of  the  boundary 
of  the  United  States  from  the  point  Avliere  the  forty-fifth  degree  of 
north  latitude  strikes  the  river  Iroquois  or  Cataraquy  to  the  Lake 
Superior,  Avas  declared  to  be  “ along  the  middle  of  said  river  into 
Lake  Ontario,  through  the  middle  of  said  lake,  until  it  strikes  the 
communication  by  water  between  that  lake  and  Lake  Erie,  thence 
along  the  middle  of  said  communication  into  Lake  Erie,  through  the 
middle  of  said  lake  until  it  arriA-es  at  the  water  communication  into 
the  Lake  Huron,  thence  through  the  middle  of  said  lake  to  the  water 
communication  between  that  lake  and  Lake  Superior;”  and  whereas 
doubts  have  arisen  wdiat  Avas  the  middle  of  the  said  riA^er,  lakes  and 
Avater  communications,  and  AA’hether  certain  islands  lying  in  the  same 
were  wdthin  the  dominions  of  His  Britannic  ^lajesty  or  of  the  United 
States : In  order,  therefore,  finally  to  decide  these  doubts,  theA^  shall 
be  referred  to  tAvo  Commissioners,  to  be  ajipointed,  sworn  and  author- 
ized to  act  exactly  in  the  manner  directed  with  respect  to  those  men- 
tioned in  the  next  preceding  article,  unless  otherwise  specified  in  this 
present  article.  The  said  Commissioners  shall  meet,  in  the  first  in- 
stance, at  Albany,  in  the  State  of  New  York,  and  shall  haA'e  poAver  to 
adjourn  to  such  other  jilace  or  places  as  they  shall  think  fit.  The  said 
Commissioners  shall,  by  a report  or  declaration,  under  their  hands 
and  seals,  designate  the  boundary  through  the  said  ri\’er,  lakes  and 
Avater  communications,  and  decide  to  Avhich  of  the  two  contracting 
parties  the  seA’eral  islands  lying  Avithin  the  said  riA’ers,  lakes  and 
Avater  communications,  do  respectiA-ely  belong,  in  conformity  with 
the  true  intent  of  the  said  treaty  of  one  thousand  seA'en  hundred  and 


“ Decision  of  Commission  under  Ibis  article,  paiie  020. 


GREAT  BETTAIK — 1814. 


617 


eighty-three.  And  both  parties  agree  to  consider  such  designation 
and  decision  as  final  and  conclusive.  And  in  the  event  of  the  said 
two  Commissioners  differing,  or  both  or  either  of  them  refusing,  de- 
clining or  wilfully  omitting  to  act,  such  reports,  declarations  or  state- 
ments shall  be  made  by  them,  or  either  of  them,  and  such  reference  to 
a friendly  sovereign  or  State  shall  be  made  in  all  respects  as  in  the 
latter  part  of  the  fourth  article  is  contained,  and  in  as  full  a manner 
as  if  the  same  was  herein  repeated. 

Article  VII.® 

It  is  further  agreed  that  the  said  two  last-mentioned  Commis- 
sioners, after  they  shall  have  executed  the  duties  assigned  to  them  in 
the  preceding  article,  shall  be,  and  they  are  hereby,  authorized  upon 
their  oaths  impartially  to  fix  and  determine,  according  to  the  true 
intent  of  the  said  treaty  of  peace  of  one  thousand  seven  hundred  and 
eighty-three,  that  part  of  the  boundary  between  the  dominions  of  the 
two  Powers  which  extends  from  the  water  communication  between 
Lake  Huron  and  Lake  Superior,  to  the  most  northwestern  j^oint  of 
the  Lake  of  the  IVoods,  to  decide  to  which  of  the  two  parties  the  sev- 
eral islands  lying  in  the  lakes,  water  communications  and  rivers, 
forming  the  said  boundary,  do  respectively  belong,  in  conformity  with 
the  true  intent  of  the  said  treaty  of  peace  of  one  thousand  seven  hun- 
dred and  eighty-three ; and  to  cause  such  parts  of  the  said  boundary 
as  require  it  to  be  surveyed  and  marked.  The  said  Commissioners 
shall,  by  a report  or  declaration  under  their  hands  and  seals,  designate 
the  boundary  aforesaid,  state  their  decision  on  the  points  thus  re- 
ferred to  them,  and  particularize  the  latitude  and  longitude  of  the 
most  northwestern  point  of  the  Lake  of  the  IVoods,  and  of  such  other 
parts  of  the  said  boundary  as  they  may  deem  proper.  And  both 
parties  agree  to  consider  such  designation  and  decision  as  final  and 
conclusive.  And  in  the  event  of  the  said  two  Commissioners  differ- 
ing, or  both  or  either  of  them  refusing,  declining  or  Avilfully  omitting 
to  act,  such  reports,  declarations  or  statements  shall  be  made  by  them, 
or  either  of  them,  and  such  reference  to  a friendly  sovereign  or  State 
shall  be  made  in  all  respects  as  in  the  latter  part  of  the  fourth  article 
is  contained,  and  in  as  full  a manner  as  if  the  same  was  herein 
repeated. 

Article  VIII. 

The  several  boards  of  two  Commissioners  mentioned  in  the  four 
preceding  articles  shall  respectively  have  power  to  appoint  a Secre- 
tary, and  to  employ  such  surveyors  or  other  persons  as  they  shall 
judge  necessary.  Duplicates  of  all  their  respective  reports,  declara- 
tions, statements  and  decisions  and  of  their  accounts,  and  of  the 
journal  of  their  proceedings,  shall  be  delivered  by  them  to  the  agents 
of  His  Britannic  Majesty  and  to  the  agents  of  the  United  States,  who 
may  be  respectively  appointed  and  authorized  to  manage  the  business 
on  behalf  of  their  respective  Governments.  The  said  Commissioners 
shall  be  respectively  paid  in  such  manner  as  shall  be  agreed  between 
the  two  contracting  parties,  such  agreement  being  to  be  settled  at  the 
time  of  the  exchange  of  the  ratifications  of  this  treaty.  And  all  other 


Disagreement  of  Commission  under  this  article,  page  624. 


618 


TREATIES,  CONVENTIONS,  ETC. 


expenses  attending  the  said  Commissions  shall  be  defrayed  equally  by 
the  two  jiarties.  And  in  the  case  of  death,  sickness,  resignation  or 
necessary  absence,  the  place  of  every  such  Commissioner,  respectively, 
shall  be  supplied  in  the  same  manner  as  such  Commissioner  was  first 
appointed,  and  the  new  Commissioner  shall  take  the  same  oath  or 
affirmation,  and  do  the  same  duties.  It  is  further  agreed  between  the 
two  contracting  parties,  that  in  case  any  of  the  islands  mentioned  in 
any  of  the  preceding  articles,  which  were  in  the  possession  of  one  of 
the  parties  prior  to  the  commencement  of  the  present  ivar  between  the 
two  countries,  should,  by  the  decision  of  any  of  the  Boards  of  Com- 
missioners aforesaid,  or  of  the  sovereign  or  State  so  referred  to,  as  in 
the  four  next  preceding  articles  contained,  fall  within  the  dominions 
of  the  other  party,  all  grants  of  land  made  previous  to  the  commence- 
ment of  the  war,  by  the  party  having  had  such  possession,  shall  be  as 
valid  as  if  such  island  or  islands  had,  by  such  decision  or  decisions, 
been  adjudged  to  be  within  the  dominions  of  the  party  having  had 
such  possession. 

Article  IX. 

The  United  States  of  America  engage  to  put  an  end,  immediately 
after  the  ratification  of  the  present  treaty,  to  hostilities  with  all  the 
tribes  or  nations  of  Indians  Avith  whom  they  may  be  at  war  at  the 
time  of  such  ratification;  and  fortliAvith  to  restore  to  such  tribes  or 
nations,  respectively,  all  the  possessions,  rights  and  privileges  which 
they  may  have  enjoyed  or  been  entitled  to  in  one  thousand  eight  hun- 
dred and  eleA'en,  previous  to  such  hostilities:  Provided  ahva5’'s  that 
such  tribes  or  nations  shall  agree  to  desist  from  all  hostilities  against 
the  United  States  of  America,  their  citizens  and  subjects,  upon  the 
ratification  of  the  present  treaty  being  notified  to  such  tribes  or  na- 
tions, and  shall  so  desist  accordingly.  And  His  Britannic  Majesty 
engages,  on  his  part,  to  put  an  end  immediately  after  the  ratification 
of  the  present  treaty,  to  hostilities  with  all  the  tribes  or  nations  of 
Indians  with  whom  he  may  be  at  war  at  the  time  of  such  ratification, 
and  forthwith  to  restore  to  such  tribes  or  nations  respectii^ely  all  the 
possessions,  rights  and  ]irivileges  which  they  may  have  enjoyed  or 
been  entitled  to  in  one  thousand  eight  hundred  and  eleven,  previous 
to  such  hostilities : Provided  ahvays  that  such  tribes  or  nations  shall 
agree  to  desist  from  all  hostilities  against  His  Britannic  Majesty,  and 
his  subjects,  upon  the  ratification  of  the  present  treaty  being  notified 
to  such  tribes  or  nations,  and  shall  so  desist  accordingly. 

Article  X. 

IVliereas  the  traffic  in  shiA^es  is  irreconcilable  with  the  principles  of 
humanity  and  justice,  and  Avhereas  both  His  Majesty  and  the  United 
States  are  desirous  of  continuing  their  efforts  to  promote  its  entire 
abolition,  it  is  hereby  agreed  that  both  the  contracting  parties  shall 
use  their  best  endeavors  to  accomplish  so  desirable  an  object. 

Article  XI. 

This  treaty,  when  the  same  shall  have  been  ratified  on  both  sides, 
without  alteration  by  either  of  the  contracting  parties,  and  the  ratifi- 
cations mutually  exchanged,  shall  be  binding  on  both  parties,  and  the 
ratifications  shall  be  exchanged  at  Washington,  in  the  space  of  four 
months  from  this  day,  or  sooner  if  practicable. 


GREAT  BRITAIN 1814.  610 

In  faith  whereof  we,  the  respective  Plenipotentiaries,  have  signed 
this  treaty,  and  have  thereunto  affixed  our  seals. 

Done,  in  triplicate,  at  Ghent,  the  twenty-fourth  day  of  December, 
one  thousand  eight  hundred  and  fourteen. 


[seal.] 

Gambier. 

[seal.] 

Henry  Goulburn. 

[seal.] 

William  Adams. 

[seal.] 

John  Quincy  Adams. 

[seal.] 

J.  A.  Bayard. 

[seal.] 

H.  Clay. 

[seal.] 

JoNA.  Russell. 

[seal.] 

Albert-  Gallatin. 

DECLARATION  OF  THE  COMMISSIONERS  UNDER  THE  FOURTH  ARTICLE  OF 
THE  TREATY  OF  GHENT.  NOVEMBER  24,  1817. 

New  York,  November  1817. 

Sir:  The  undersigned  Commissioners,  appointed  by  virtue  of  the 
fourth  article  of  the  treaty  of  Ghent,  have  attended  to  the  duties  as- 
signed them;  and  have  decided  that  Moose  Island,  Dudley  Island, 
and  Frederick  Island,  in  the  Bay  of  Passamaquoddy,  which  is  part  of 
the  Bay  of  Fundy,  do  each  of  them  belong  to  the  United  States  of 
America;  and  that  all  the  other  islands  in  the  Bay  of  Passama- 
quoddy, and  the  Island  of  Grand  Menan,  in  the  Bay  of  Fundy,  do 
each  of  them  belong  to  His  Britannic  Majesty,  in  conformity  with 
the  true  intent  of  the  second  article  of  the  treaty  of  peace  of  one  thou- 
sand seven  hundred  and  eighty-three.  The  Commissioners  have  the 
honor  to  enclose  herewith  the  decision. 

In  making  this  decision  it  became  necessary  that  each  of  the  Com- 
missioners should  yield  a part  of  his  individual  opinion.  Several  rea- 
sons induced  them  to  adopt  this  measure;  one  of  which  was  the  im- 
pression and  belief  that  the  navigable  waters  of  the  Bay  of  Passama- 
quoddy, which,  by  the  treaty  of  Ghent,  is  said  to  be  part  of  the  Bay 
of  Fundy,  are  common  to  both  parties  for  the  purpose  of  all  lawful 
and  direct  communication  with  their  own  territories  and  foreign 
ports. 

The  undersigned  have  the  honor  to  be,  with  perfect  respect,  sir, 
your  obedient  and  humble  servants, 

J.  Holmes. 

Tho.  Barclay. 

The  Hon.  John  Quincy  Adams, 

Secretary  of  State. 


DECISION  OF  THE  COMMISSIONERS  UNDER  THE  FOURTH  ARTICLE  OF  THE 
TREATY  OF  GHENT.  NOVEMBER  24,  1817. 

By  Thomas  Barclay  and  John  Holmes,  Esquires,  Commissioners, 
appointed  by  virtue  of  the  fourth  article  of  the  treaty  of  peace  and 
amity  between  His  Britannic  Majesty  and  the  United  States  of  Amer- 
ica, concluded  at  Ghent  on  the  twenty-fourth  day  of  December,  one 


620 


TREATIES,  CONVENTIONS,  ETC. 


lliousand  eight  hundred  and  fourteen  to  decide  to  which  of  the  two 
contracting  parties  to  the  said  treaty  the  several  islands  in  the  Bay  of 
Passamaquoddy,  which  is  part  of  the  Bay  of  Fundy,  and  the  Island 
of  Grand  Menan,  in  the  said  Bay  of  Fundy,  do  respectively  belong,  in 
conformity  with  the  true  intent  of  the  second  article  of  the  treaty  of 
peace  of  one  thousand  seven  hundred  and  eighty-three,  between  his 
said  Britannic  JNIajesty  and  the  aforesaid  United  States  of  America. 

We,  the  said  Thomas  Barclay  and  John  Holmes,  Commissioners  as 
aforesaid,  having  been  duly  sworn  impartially  to  examine  and  decide 
upon  the  said  claims  according  to  such  evidence  as  should  be  laid  be- 
fore us  on  the  part  of  his  Britannic  Majesty  and  the  United  States, 
respectively,  have  decided,  and  do  decide,  that  Moose  Island,  Dudley 
Island,  and  Frederick  Island,  in  the  Bay  of  Passamaquoddy,  which  is 
part  of  the  Bay  of  Fundy,  do,  and  each  of  them  does,  belong  to  the 
United  States  of  America ; and  we  have  also  decided,  and  do  decide, 
that  all  the  other  islands,  and  each  and  every  of  them,  in  the  said  Bay 
of  Passamaquoddy,  which  is  part  of  the  Bay  of  Fundy,  and  the  Island 
of  Grand  Menan,  in  the  said  Bay  of  Fundy,  do  belong  to  his  said 
Britannic  Majesty,  in  conformity  with  the  true  intent  of  the  said 
second  article  of  said  treaty  of  one  thousand  seven  hundred  and 
eighty-three. 

In  faith  and  testimony  whereof  we  have  set  our  hands  and  affixed 
our  seals,  at  the  city  of  New  York,  in  the  State  of  New  York,  in  the 
United  States  of  America,  this  twenty-fourth  day  of  November,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  seventeen. 

[seal.]  John  Holaies. 

[seal.]  Tho.  Barclay. 

lYitness : 

Jaaies  T.  Austin,  Agt.  U.  S.  A. 

Anth.  Barclaa',  Sec'y. 


COAIAIISSION  UNDER  ARTICLE  V. BOUNDARY  EROAI  THE  SOURCE  OF  THE 

SAINT  CROIX  RIVER  TO  THE  SAINT  LAWRENCE  RIVER. 

The  Commission  met  September  23,  1816,  and,  having  disagreed,  held  their 
last  meeting  April  13,  1S22.  By  the*  convention  of  1827  the  dispute  was  left  to 
the  decision  of  the  King  of  the  Netherlands,  who  delivered  Jiis  award  January  10, 
1831.  which  was  not  accepted  by  either  Government  and  the  boundary  was 
finally  agreed  upon  in  the  Webster-Ashburton  treaty. 


DECISION  OF  THE  COAIAIISSIONERS  UNDER  THE  SIXTH  ARTICLE  OF  THE 

TREAT!'  OF  GHENT.  DONE  AT  UTICA,  IN  THE  STATE  OF  NEW  YORK,  18tH 

JUNE,  1822. 

The  undersigned  Commissioners,  appointed,  sworn  and  authorized, 
in  virtue  of  the  sixth  article  of  the  treaty  of  peace  and  amity  between 
His  Britannic  Majesty  and  the  United  States  of  America,  concluded 
at  Ghent,  on  the  twenty-fourth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fourteen,  impartially  to  exam- 
ine, and,  by  a report  or  declaration,  under  their  hands  and  seals,  to 
designate  “ that  iiortion  of  the  boundary  of  the  United  States  from  the 


GREAT  BRITAIN 1814. 


621 


point  where  the  45th  degree  of  north  latitude  strikes  the  river  Iro- 
quois or  Cataraqua,  along  the  middle  of  said  river  into  Lake  Ontario, 
through  the  middle  of  said  lake  until  it  strikes  the  communication,  by 
water,  between  that  lake  and  Lake  Erie ; thence,  along  the  middle  of 
said  communication,  into  Lake  Erie,  through  the  middle  of  said  lake, 
until  it  arrives  at  the  water  communication  into  Lake  Huron;  thence, 
through  the  middle  of  said  water  communication,  into  Lake  Huron ; 
thence,  through  the  middle  of  said  lake,  to  the  water  communication 
between  that  lake  and  Lake  Superior ; ” and  to  “ decide  to  which  of 
the  two  contracting  parties  the  several  islands,  lying  within  the  said 
rivers,  lakes  and  water  communications,  do  respectively  belong,  in 
conformity  with  the  true  intent  of  the  treaty  of  1783  : ” Do  decide  and 
declare,  that  the  following  described  line,  (which  is  more  clearly  indi- 
cated on  a series  of  maps  accompanying  this  report,  exhibiting  correct 
surveys  and  delineations  of  all  the  rivers,  lakes,  water  communica- 
tions and  islands,  embraced  by  the  sixth  article  of  the  treaty  of  Ghent, 
by  a black  line  shaded  on  the  British  side  with  red,  and  on  the  Ameri- 
can side  with  blue;  and  each  sheet  of  which  series  of  maps  is  identi- 
fied by  a certificate,  subscribed  by  the  Commissioners,  and  by  the  two 
principal  surveyors  employed  by  them,)  is  the  true  boundary  intended 
by  the  two  before  mentioned  treaties,  that  is  to  say : 

Beginning  at  a stone  monument,  erected  by  Andrew  Ellicott,  Es- 
quire, in  the  year  of  our  Lord  one  thousand  eight  hundred  and  seven- 
teen, on  the  south  bank,  or  shore,  of  the  said  river  Iroquois  or  Catara- 
qua, (now  called  the  St.  Lawrence,)  which  monument  bears  south 
seventy-four  degrees  and  forty-five  minutes  west,  and  is  eighteen 
hundred  and  forty  yards  distant  from  the  stone  church  in  the  Indian 
village  of  St.  Regis,  and  indicates  the  point  at  which  the  forty-fifth 
parallel  of  north  latitude  strikes  the  said  river ; thence,  running  north 
thirty-five  degrees  and  forty-five  minutes  west,  into  the  river,  on  a 
line  at  right  angles  with  the  southern  shore,  to  a point  one  hundred 
yards  south  of  the  opposite  island,  called  Cornwall  Island;  thence, 
turning  westerly,  and  passing  around  the  southern  and  western  sides 
of  said  island,  keeping  one  hundred  yards  distant  therefrom,  and  fol- 
lowing the  curvatures  of  its  shores  to  a point  opposite  to  the  northwest 
corner,  or  angle,  of  said  island;  thence  to  and  along  the  middle  of  the 
main  river,  until  it  approaches  the  eastern  extremity  of  Barnhart’s 
Island;  thence  northerly,  along  the  channel  which  divides  the  last- 
mentioned  island  from  the  Canada  shore,  keeping  one  hundred  yards 
distant  from  the  island,  until  it  approaches  Sheik’s  Island;  thence 
along  the  middle  of  the  strait  Avhich  divides  Barnhart’s  and  Sheik’s 
island,  to  the  channel  called  the  Long  Sault,  which  separates  the  two 
last  mentioned  islands  from  the  Lower  Long  Sault  Island;  thence 
westerly  (crossing  the  centre  of  the  last  mentioned  channel)  until  it 
approaches  within  one  hundred  yards  of  the  north  shore  of  the  Lower 
Sault  Island ; thence  up  the  north  branch  of  the  river,  keeping  to  the 
north  of,  and  near,  the  Lower  Sault  Island,  and  also  north  of,  and 
near,  the  Upper  Sault  (sometimes  called  Baxter’s)  Island,  and  south 
of  the  two  small  islands,  marked  on  the  map  A and  B,  to  the  western 
extremity  of  the  Upper  Sault,  or  Baxter’s  Island ; thence  passing  be- 
tween the  two  islands  called  the  Cats,  to  the  middle  of  the  river  above ; 
thence  along  the  middle  of  the  river,  keeping  to  the  north  of  the  small 
islands  marked  C and  D ; and  north  also  of  Chrystler’s  Island  and  of 
the  small  island  next  above  it,  marked  E,  until  it  approaches  the 
northeast  angle  of  Goose  Neck  Island ; thence  along  the  passage  which 


622 


TREATIES,  CONVENTIONS,  ETC. 


divides  the  last-mentioned  island  from  the  Canada  shore,  keeping  one 
hundred  yards  from  the  island,  to  the  upper  end  of  the  same ; thence 
south  of,  and  near,  the  two  small  islands  called  the  Nut  Islands; 
thence  north  of,  and  near,  the  island  marked  F,  and  also  of  the  island 
called  Dry  or  Smuggler’s  Island ; thence  passing  between  the  islands 
marked  G and  H,  to  the  north  of  the  island  called  Isle  au  Rapid  Plat ; 
thence  along  the  north  side  of  the  last-mentioned  island,  keeping  one 
hundred  yards  from  the  shore  to  the  upper  end  thereof ; thence  along 
the  middle  of  the  river,  keeping  to  the  south  of,  and  near,  the  islands 
called  Cousson  (or  Tussin)  and  Presque  Isle;  thence  up  the  river, 
keeping  north  of,  and  near,  the  several  Gallop  Isles,  numbered  on  the 
map  1,  2,  3,  4,  5,  6,  7,  8,  9,  and  10,  and  also  of  Tick,  Tibbet’s,  and 
Chimney  Islands ; and  south  of,  and  near,  the  Gallop  Isles,  numbered 
11,  12,  and  13,  and  also  of  Duck,  Drummond,  and  Sheep  Islands; 
thence  along  the  middle  of  the  river,  passing  north  of  island  No.  14, 
south  of  15,  and  16,  north  of  17,  south  of  18,  19,  20,  21,  22,  23,  24,  25, 
and  28,  and  north  of  26,  and  27 ; thence  along  the  middle  of  the  river, 
north  of  Gull  Island,  and  of  the  islands  No.  29,  32,  33,  34,  35,  Bluff 
Island,  and  No.  39,  44,  and  45,  and  to  the  south  of  No.  30,  31,  36, 
Grenadier  Island,  and  No.  37,  38,  40,  41,  42,  43,  46,  47,  and  48,  until 
it  approaches  the  east  end  of  Well’s  Island;  thence  to  the  north  of 
Well’s  Island,  and  along  the  strait  which  divides  it  from  Rowe’s 
Island,  keeping  to  the  north  of  the  small  islands  No.  51,  52,  54,  58,  59, 
and  61,  and  to  the  south  of  the  small  islands  numbered  and  marked 
49,  50,  53,  55,  57,  60,  and  X,  until  it  approaches  the  northeast  point 
of  Grindstone  Island ; thence  to  the  north  of  Grindstone  Island,  and 
keeping  to  the  north  also  of  the  small  islands.  No.  63,  65,  67,  68,  70, 
72,  73,  74,  75,  76,  77,  and  78,  and  to  the  south  of  No.  62,  64,  66,  69, 
and  71,  until  it  approaches  the  southern  point  of  Hickory  Island; 
thence  passing  to  the  south  of  Hicliory  Island,  and  of  the  two  small 
islands  lying  near  its  southern  extremity,  numbered  79  and  80;  thence 
to  the  south  of  Grand  or  Long  Island,  keeping  near  its  southern  shore, 
and  passing  to  the  north  of  Carlton  Island,  until  it  arrives  opposite  to 
the  southwestern  point  of  said  Grand  Island  in  Lake  Ontario;  thence 
passing  to  the  north  of  Grenadier,  Fox,  Stony,  and  the  Gallop  Islands 
in  Lake  Ontario,  and  to  the  south  of,  and  near,  the  islands  called  the 
Ducks,  to  the  middle  of  the  said  lake;  thence  westerly,  along  the  mid- 
dle of  said  lake,  to  a point  opposite  the  mouth  of  the  Niagara  River; 
thence  to  and  up  the  middle  of  the  said  river  to  the  Great  Falls ; thence 
up  the  Falls,  through  the  jioint  of  the  Horse  Shoe,  keeping  to  the  west 
of  Iris  or  Goat  Island,  and  of  the  group  of  small  islands  at  its  head, 
and  following  the  bends  of  the  river  so  as  to  enter  the  strait  between 
Navy  and  Grand  Islands;  thence  along  the  middle  of  said  strait  to  the 
head  of  Navy  Island ; thence  to  the  west  and  south  of,  and  near  to. 
Grand  and  Beaver  Islands,  and  to  the  west  of  Strawberry,  Squaw, 
and  Bird  Islands,  to  Lake  Erie;  thence  southerly  and  westerly,  along 
the  middle  of  Lake  Erie,  in  a direction  to  enter  the  passage  immedi- 
ately south  of  Middle  Island,  being  one  of  the  easternmost  of  the 
group  of  islands  lying  in  the  western  part  of  said  lake ; thence  along 
the  said  passage,  proceeding  to  the  north  of  Cunningham’s  Island, 
of  the  three  Bass  Islands,  and  of  the  Westeni  Sister,  and  to  the  south 
of  the  islands  called  the  Hen  and  Chickens,  and  of  the  Eastern  and 
Middle  Sisters;  thence  to  the  middle  of  the  mouth  of  the  Detroit 


GREAT  BRITAIN 1814. 


623 


River,  in  a direction  to  enter  the  channel  which  divides  Bois-Blanc 
and  Sugar  Islands;  thence  up  the  said  channel  to  the  west  of  Bois- 
Blanc  Island,  and  to  the  east  of  Sugar,  Fox,  and  Stony  Islands, 
until  it  approaches  Fighting  or  Great  Turkey  Island;  thence  along 
the  western  side,  and  near  the  shore  of  said  last-mentioned  island,  to 
the  middle  of  the  river  above  the  same;  thence  along  the  middle  of 
said  river,  keeping  to  the  southeast  of,  and  near.  Hog  Island,  and  to 
the  northwest  of,  and  near,  the  island  called  Isle  a la  Pache,  to  Lake 
St.  Clair;  thence  through  the  middle  of  said  lake,  in  a direction  to 
enter  that  mouth  or  channel  of  the  river  St.  Clair,  which  is  usually 
denominated  the  Old  Ship  Channel ; thence  along  the  middle  of  said 
channel,  between  Squirrel  Island  on  the  southeast,  and  Herson’s 
Island  on  the  northwest,  to  the  upper  end  of  the  last-mentioned  island, 
which  is  nearly  opposite  to  Point  aux  Chenes,  on  the  American  shoie; 
thence  along  the  middle  of  the  river  St.  Clair,  keeping  to  the  west  of, 
and  near,  the  islands  called  Belle  Riviere  Isle,  and  Isle  aux  Cerfs,  to 
Lake  Huron ; thence  through  the  middle  of  Lake  Huron,  in  a direction 
to  enter  the  strait  or  passage  between  Drummond’s  Island  on  the 
west,  and  the  Little  Manitou  Island  on  the  east ; thence  through  the 
middle  of  the  passage  which  divides  the  two  last-mentioned  islands; 
thence  turning  northerly  and  westerly,  around  the  eastern  and  north- 
ern shores  of  Drummond’s  Island,  and  proceeding  in  a direction  to 
enter  the  passage  between  the  Island  of  St.  Joseph’s  and  the  American 
shore,  passing  to  the  north  of  the  intermediate  islands  No.  61,  11,  10, 
12,  9,  6,  4,  and  2,  and  to  the  south  of  those  numbered  15,  13,  5,  and  1 ; 
thence  up  the  said  last-mentioned  passage,  keeiiing  near  to  the  island 
St.  Joseph’s,  and  passing  to  the  north  and  east  of  Isle  a la  Crosse,  and 
of  the  small  islands  numbered  16,  17,  18,  19,  and  20,  and  to  the  south 
and  west  of  those  numbered  21,  22,  and  23,  until  it  strikes  a line 
(drawn  on  the  map  with  black  ink  and  shaded  on  one  side  of  the 
point  of  intersection  with  blue,  and  on  the  other  -with  red,)  passing 
across  the  river  at  the  head  of  St.  Joseph’s  Island,  and  at  the  foot  of 
the  Neebish  Rapids,  which  line  denotes  the  termination  of  the  boun- 
dary directed  to  be  run  by  the  sixth  article  of  the  treaty  of  Ghent. 

And  the  said  Commissioners  do  further  decide  and  declare,  that  all 
the  islands  lying  in  the  rivers,  lakes  and  water  communications,  be- 
tween the  before-described  boundary-line  and  the  adjacent  shores  of 
Upper  Canada,  do,  and  each  of  them  does,  belong  to  His  Britannic 
Majesty,  and  that  all  the  islands  lying  in  the  rivers,  lakes  and  water 
communications,  betw^een  the  said  boundary-line  and  the  adjacent 
shores  of  the  United  States,  or  their  territories,  do,  and  each  of  them 
does,  belong  to  the  United  States  of  America,  in  conformity  with 
the  true  intent  of  the  second  article  of  the  said  treaty  of  1783,  and  of 
the  sixth  article  of  the  treaty  of  Ghent. 

In  faith  whereof  we,  the  Commissioners  aforesaid,  have  signed  this 
declaration,  and  thereunto  affixed  our  seals. 

Done  in  quadruplicate  at  Utica,  in  the  State  of  New  York,  in  the 
United  States  of  America,  this  eighteenth  day  of  June,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  twenty-two. 

[seal.]  Peter  B.  Porter. 

[seal.]  Anth;  Barclay. 


624 


TREATIES,  CONVENTIONS,  ETC. 


COMMISSION  CNDER  ARTICLE  VH. BOUNDARY  FROM  LAKE  HURON  TO 

THE  LAKE  OF  THE  WOODS. 

The  Commission  met  .June  22,  1822,  and,  having  disagreed,  held  their  final 
meeting  December  24,  1827.  The  boundary  was  agreed  to  by  the  Webster- 
Ashburton  treaty. 


1815.“ 


Convention  of  Commerce  and  Navigation. 


Concluded  July  3, 1815  • ratification  advised  hy  the  Senate^  subject  to 
exception  as  to  the  island  of  St.  Helena,  December  19, 1815 ; ratified 
by  the  President  December  22, 1815 ; ratifications  exchanged  Decem- 
ber 22,  1815 ; proclaimed  December  22,  1815. 

Articles. 


I.  Freedom  of  commerce  and  naviga- 
tion. 

II.  Import  and  export  duties;  ship- 
ping ; trade  with  British  posses- 
sions in  West  Indies  and  North 
America. 


III.  Trade  with  British  East  Indies, 

etc. 

IV.  Consuls. 

1'.  Duration ; ratification. 
Declaration.  Vessels  excluded  from 
island  of  St.  Helena. 


The  United  States  of  America  and  His  Britannick  Majesty  being 
desirous,  by  a convention,  to  regulate  the  commerce  and  navigation 
bettveen  their  respective  countries,  territories  and  people,  in  snch 
a manner  as  to  render  the  same  reciprocally  beneficial  and  satisfac- 
tory, have  respectively  named  Plenipotentiaries,  and  given  them  fall 
jiowers  to  treat  of  and  conclude  such  convention,  that  is  to  say : 

The  President  of  the  United  States,  by  and  with  the  advice  and 
consent  of  the  Senate  thereof,  hath  appointed  for  their  Plenipoten- 
tiaries John  Quincy  Adams,  Henry  Clay,  and  Albert  Gallatin,  citi- 
zens of  the  United  States;  and  His  Royal  Highness  the  Prince 
Regent,  acting  in  the  name  and  on  the  behalf  of  His  Majesty,  has 
named  for  his  Plenipotentiaries  the  Right  Honourable  Frederick 
John  Robinson,  Vice-President  of  the  Committee  of  Privy  Council 
for  Trade  and  Plantations,  Joint  Paymaster  of  His  Majesty’s  Forces, 
and  a member  of  the  Imperial  Parliament,  Henry  Goulburn,  Esquire, 
a member  of  the  Imperial  Parliament,  and  Under  Secretary  of  State, 
and  William  Adams,  Esquire,  Doctor  of  Civil  Laws; 

And  the  said  Pleniiiotentiaries,  having  mutually  produced  and 
shown  their  said  full  powers,  and  exchanged  copies  of  the  same,  have 
agreed  on  and  concluded  the  following  articles,  vide  licet : 


Article  I. 


There  shall  be  between  the  territories  of  the  United  States  of 
America,  and  all  the  territories  of  His  Britannick  Majesty  in  Europe, 
a reciprocal  liberty  of  commerce.  The  inhabitants  of  the  two  coun- 
tries, respectively,  shall  have  liberty  freely  and  securely  to  come 

“This  convention  was  continued  in  force  for  ten  years  I)y  Article  IV,  treaty 
of  1818,  and  indefinitely  extended  by  the  convention  of  August  6,  1827. 


GREAT  BRITAIN 1815. 


625 


with  their  fhips  and  cargoes  to  all  such  places,  ports  and  rivers,  in  the 
territories  aforesaid,  to  which  other  foreigners  are  permitted  to  come, 
to  enter  into  the  same,  and  to  remain  and  reside  in  any  parts  of  the 
said  territories,  respectively ; also  to  hire  and  occupy  houses  and  ware- 
houses for  the  purposes  of  their  commerce;  and,  generally,  the  mer- 
chants and  traders  of  each  nation  respectively  shall  enjoy  the  most 
complete  protection  and  security  for  their  commerce,  but  subject 
always  to  the  laws  and  statutes  of  the  two  countries,  respectively. 

Article  II. 

ISio  higher  or  other  duties  shall  be  imposed  on  the  importation  into 
the  United  States  of  any  articles  the  growth,  produce  or  manufacture 
of  his  Britannick  Majesty’s  territories  in  Europe,  and  no  higher  or 
other  duties  shall  be  imposed  on  the  importation  into  the  territories 
of  His  Britannick  Majesty  in  Europe  of  any  articles  the  growth, 
produce  or  manufacture  of  the  United  States,  than  are  or  shall  be 
payable  on  the  like  articles  being  the  growth,  produce  or  manufacture 
of  any  other  foreign  countr}" ; nor  shall  any  higher  or  other  duties  or 
charges  be  imposed  in  either  of  the  two  countries,  on  the  exportation 
of  any  articles  to  the  United  States,  or  to  His  Britannick  Majesty’s 
territories  in  Europe,  respective!}^,  than  such  as  are  payable  on  the 
exportation  of  the  like  articles  to  any  other  foreign  country;  nor 
shall  aii}^  prohibition  be  imposed  on  the  exportation  or  importation 
of  any  articles  the  growth,  produce  or  manufacture  of  the  United 
States,  or  of  His  Britannick  Majesty’s  territories  in  Europe,  to  or 
from  the  said  territories  of  His  Britannick  Majesty  in  Europe,  or 
to  or  from  the  said  United  States,  which  shall  not  equally  extencl  to 
all  other  nations. 

Xo  higher  or  other  duties  or  charges  shall  be  imposed  in  any  of  the 
ports  of  the  United  States  on  British  vessels  than  those  payable  in 
the  same  ports  by  vessels  of  the  United  States;  nor  in  the  ports  of 
any  of  His  Britannick  Majesty’s  territories  in  Europe  on  the  vessels 
of  the  United  States  than  shall  be  payable  in  the  same  ports  on  Brit- 
ish vessels. 

The  same  duties  shall  be  paid  on  the  importation  into  the  United 
States  of  any  articles  the  growdli,  produce  or  manufacture  of  His 
Britannick  Majesty’s  territories  in  Europe,  whether  such  importa- 
tion shall  be  in  vessels  of  the  United  States  or  in  British  vessels,  and 
the  same  duties  shall  be  paid  on  the  importation  into  the  ports  of  any 
of  His  Britannick  Majesty’s  territories  in  Europe,  of  any  article  the 
growth,  produce  or  manufacture  of  the  United  States,  whether  such 
importation  shall  be  in  British  vessels  or  in  vessels  of  the  United 
States. 

The  same  duties  shall  be  paid,  and  the  same  bounties  allowed,  on 
the  exportation  of  any  articles  the  growth,  produce  or  manufacture 
of  His  Britannick  Majesty’s  territories  in  Europe  to  the  United 
States,  whether  such  exportation  shall  be  in  vessels  of  the  United 
States  or  in  British  vessels;  and  the  same  duties  shall  be  paid,  and 
the  same  bounties  allowed,  on  the  exportation  of  any  articles  the 
growth,  produce  or  manufacture  of  the  United  States,  to  His  Britan- 
nick Majesty’s  territories  in  Europe,  whether  such  exportation  shall 
be  in  Britihs  vessels  or  in  vessels  of  the  United  States. 

24449 — VOL  1 — 10 40 


626 


TREATIES,  CONVENTIONS,  ETC. 


It  is  further  agreed  that  in  all  cases  where  drawbacks  are  or  may 
be  allowed  upon  the  re-exiiortation  of  any  goods  the  growth,  produce 
or  manufacture  of  either  country,  respectively,  the  amount  of  the  said 
drawbacks  shall  be  the  same,  whether  the  said  goods  shall  have  been 
originally  imported  in  a British  or  an  American  vessel;  but  when 
such  re-exportation  shall  take  place  from  the  United  States  in  a 
British  vessel,  or  from  the  territories  of  His  Britannick  Majesty  in 
Europe  in  an  American  vessel,  to  any  other  foreign  nation,  the  two 
contracting  parties  reserve  to  themselves,  respective!}',  the  right  of 
regulating  or  diminishing,  in  such  case,  the  amount  of  the  said  draw'- 
back. 

The  intercourse  between  the  United  States  and  his  Britannick  Maj- 
esty’s possessions  in  the  West  Indies,  and  on  the  continent  of  North 
America,  shall  not  be  affected  by  any  of  the  provisions  of  this  article, 
but  each  party  shall  remain  in  the  complete  iiossession  of  its  rights, 
with  res2iect  to  such  an  intercourse. 

Article  III. 

His  Britannick  Majesty  agrees  that  the  vessels  of  the  United  States 
of  America  shall  be  admitted  and  hospitably  received  at  the  principal 
settlements  of  the  British  dominions  in  the  East  Indies,  vide  licit : 
Calcutta,  Madras,  Bombay,  and  Prince  of  Wales’  Island;  and  that 
the  citizens  of  the  said  United  States  may  freely  carry  on  trade  be- 
tween the  said  jirincijial  settlements  and  the  said  United  States,  in 
all  articles  of  which  the  imiiortation  and  exportation,  respectively,  to 
and  from  the  said  territories,  shall  not  be  entirely  jirohibited;  pro- 
vided only,  that  it  shall  not  be  lawful  for  them,  in  any  time  of  war 
between  the  British  Government  and  any  State  or  Power  whatever, 
to  exjDort  from  the  said  territories,  without  the  sjiecial  permission  of 
the  British  Government,  any  military  stores,  or  naval  stores,  or  rice. 
The  citizens  of  the  United  States  shall  pay  for  their  vessels,  when 
admitted,  no  higher  or  other  duty  or  charge  than  shall  be  payable  on 
the  vessels  of  the  most  favor’d  European  nations,  and  they  shall  pay 
no  higher  or  other  duties  or  charges  on  the  imjiortation  or  exjiorta- 
tion  of  the  cargoes  of  the  said  vessels  than  shall  be  payable  on  the 
same  articles  when  imjiorted  or  ex^iorted  in  the  vessels  of  the  most 
favored  Eurojiean  nations. 

But  is  it  expressly  agreed  that  the  vessels  of  the  United  States  shall 
not  carry  any  articles  from  the  said  princijial  settlements  to  any  jiort 
or  jilace,  excejit  to  some  port  or  place  in  the  Ui^it^d  States  of  America, 
where  the  same  shall  be  unladen. 

It  is  also  understood  that  the  permission  granted  by  this  article  is 
not  to  extend  to  allow  the  vessels  of  the  United  States  to  carry  on 
any  part  of  the  coasting  trade  of  the  said  British  territories;  but  the 
vessels  of  the  United  States  having,  in  the  first  instance,  proceeded 
to  one  of  the  said  princijial  settlements  of  the  British  Dominions  in 
the  East  Indies,  and  then  going  with  their  original  cargoes,  or  part 
thereof,  from  one  of  the  said  iirinciiial  settlements  to  another,  shall 
not  be  considered  as  carrying  on  the  coasting  trade.  The  vessels  of 
the  United  States  may  also  touch  for  refreshment,  but  not  for  com- 
merce, in  the  course  of  their  voyage  to  or  from  the  British  territories 
in  India,  or  to  or  from  the  dominions  of  the  Emperor  of  China,  at 


GREAT  BRITAIN 1815. 


627 


the  Cape  of  Good  Hope,  the  island  of  St.  Helena,®  or  such  other 
places  as  may  be  in  the  possession  of  Great  Britain,  in  the  African  or 
Indian  seas;  it  being  well  understood  that  in  all  that  regards  this 
article  the  citizens  of  the  United  States  shall  be  subject,  in  all  re- 
spects, to  the  laws  and  regulations  of  the  British  Government  from 
time  to  time  established. 

xVrticle  IV. 

It  shall  be  free  for  each  of  the  two  contracting  parties,  respectively, 
to  appoint  Consuls  for  the  protection  of  trade,  to  reside  in  the  do- 
minions and  territories  of  the  other  party;  but  before  any  Consul 
shall  act  as  such,  he  shall,  in  the  usual  form,  be  apiiroved  and  admit- 
ted by  the  Government  to  which  he  is  sent ; and  it  is  hereby  declared 
that,  in  case  of  illegal  or  improper  conduct  towards  the  laws  or  Gov- 
ernment of  the  country  to  which  he  is  sent,  such  Consul  may  either  be 
punished  according  to  law,  if  the  laws  will  reach  the  case,  or  be  sent 
liack,  the  offended  Government  assigning  to  the  other  the  reasons  for 
the  same. 

It  is  hereby  declared  that  either  of  the  contracting  parties  may  ex- 
cept from  the  residence  of  Consuls  such  particular  places  as  such 
party  shall  judge  fit  to  be  so  excepted. 

Article  V. 

This  convention,  when  the  same  shall  have  been  duly  ratified  by  the 
President  of  the  United  States,  by  and  with  the  advice  and  consent  of 
their  Senate,  and  by  His  Britannick  Majesty,  and  the  respective  rati- 
fications mutually  exchanged,  shall  be  binding  and  obligatory  on  the 
said  United  States  and  His  Majesty  for  four  years  from  the  date  of 
its  signature ; * and  the  ratifications  shall  be  exchanged  in  six  months 
from  this  time,  or  sooner  if  possible. 

Done  at  London  this  third  day  of  July,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  fifteen. 


[seal.] 

John  Quincy  Adams. 

[seal.] 

H.  Clay. 

[seal.] 

Albert  Gallatin. 

[seal.] 

Frederick  John  Robinson. 

[seal.] 

Henry  Goulburn.* 

[seal.] 

William  Adams. 

DECLARATION. 

The  undersigned.  His  Britannick  Majesty’s  Charge  d’Affaires  in 
the  United  States  of  America,  is  commanded  by  His  Royal  Highness 
the  Prince  Regent,  acting  in  the  name  and  on  the  behalf  of  His 
Majesty,  to  explain  and  declare,  upon  the  exchange  of  the  ratifica- 


“ See  “ Declaration  ” at  the  end  of  this  convention. 

**  Continued  for  ten  years  by  the  fourth  article  of  the  convention  of  20th  Oc- 
tober, 1818,  and  indefinitely  extended  by  convention  of  August  6,  1827. 

® In  consequence  of  the  death  of  the  Emperor  Napoleon  Bonaparte,  the  British 
Government  notified  the  Minister  of  the  T'nited  States  at  London  of  the  cessa- 
tion of  this  restriction,  on  the  30th  July,  1821. 


628 


TREATIES,  CONVENTIONS,  ETC. 


tions  of  the  convention  concluded  at  London  on  the  third  of 
July  of  the  present  year,  for  regulating  the  commerce  and  naviga- 
tion between  the  two  countries,  that,  in  consequence  of  events  which 
have  happened  in  Europe  subsequent  to  the  signature  of  the  con- 
vention aforesaid,  it  has  been  deemed  expedient,  and  determined, 
in  conjunction  with  the  allied  sovereigns,  that  St.  Helena  shall  be 
the  place  allotted  for  the  future  residence  of  General  Xapoleon 
Bonaparte,  under  such  regulations  as  may  be  necessary  for  the  per- 
fect security  of  his  person ; and  it  has  been  resolved,  for  that  purpose, 
that  all  ships  and  vessels  whatever,  as  well  British  ships  and  vessels 
as  others,  excepting  only  ships  belonging  to  the  East  India  Company, 
shall  be  excluded  from  all  communication  with,  or  approach  to,  that 
island. 

It  has  therefore  become  impossible  to  comply  with  so  much  of  the 
third  article  of  the  treaty  as  relates  to  the  liberty  of  touching  for  re- 
freshment at  the  island  of  St.  Helena,  and  the  ratifications  of  the  said 
treaty  will  be  exchanged  under  explicit  declaration  and  understand- 
ing that  the  vessels  of  the  United  States  cannot  be  allowed  to  touch 
at,  or  hold  any  communication  whatever  with,  the  said  island,  so  long 
as  the  said  island  shall  continue  to  be  the  place  of  residence  of  the  said 
Napoleon  Bonaparte. 

Anthont  St.  Jno.  Baker. 

Washington,  November  1815. 


1817. 

Agreement  Effected  by  Exchange  of  Notes  Concerning  Naval 
Force  on  the  Great  Lakes. 

Signed  at  ^V  ashing  ton.,  Ajiril  28-29,  1817 ; ratification  advised  by  the 
Senate,  April  16, 1818 ; proclaimed  by  the  President,  Apnl  28, 1818. 

Washington,  April  28  1817 

The  Undersigned,  His  Britannick  Majesty's  Envoy  Extraordinary 
and  Minister  Plenipotentiary,  has  the  honour  to  acquaint  Mr  Eush, 
that  having  laid  before  His  Majesty’s  Government  the  correspondence 
which  passed  last  j-ear  between  the  Secretary  of  the  Department  of 
State  and  the  Undersigned  ujion  the  subject  of  a proposal  to  reduce 
the  Naval  Force  of  the  resjiective  Countries  upon  the  American  Lakes, 
he  has  received  the  commands  of  His  Eoyal  Highness  The  Prince 
Eegent  to  acquaint  the  Government  of  the  United  States,  that  His 
Eoyal  Highness  is  willing  to  accede  to  the  proposition  made  to  the 
Undersigned  by  the  Secretary  of  the  Department  of  State  in  his  note 
of  the  2d  of  August  last. 

His  Eoyal  Highness,  acting  in  the  name  and  on  the  behalf  of  His 
INIajesty,  agrees,  that  the  Naval  Force  to  be  maintained  upon  the 
American  Lakes  by  His  iNIajesty  and  the  Government  of  the  United 
States  shall  henceforth  be  confined  to  the  following  Vessels  on  each 
side — that  is 

On  Lake  Ontario  to  one  Vessel  not  exceeding  one  hundred  Tons 
burthen  and  armed  with  one  eighteen  pound  cannon. 

On  the  Upper  Lakes  to  two  Vessels  not  exceeding  like  burthen 
each  and  armed  with  like  force. 


GREAT  BRITAIN — 1817. 


629 


On  the  waters  of  Lake  Champlain  to  one  Vessel  not  exceeding  like 
burthen  and  armed  with  like  force. 

And  His  Royal  Highness  agrees,  that  all  other  armed  Vessels  on 
these  Lakes  shall  be  forthwith  dismantled,  and  that  no  other  Vessels 
of  War  shall  be  there  built  or  armed. 

His  Royal  Highness  further  agrees,  that  if  either  Party  should 
hereafter  be  desirous  of  annulling  this  Stipulation,  and  should  give 
notice  to  that  effect  to  the  other  Party,  it  shall  cease  to  be  binding 
after  the  expiration  of  six  months  from  the  date  of  such  notice. 

The  Undersigned  has  it  in  command  from  His  Royal  Highness  the 
Prince  Regent  to  acquaint  the  American  Government,  that  His  Royal 
Highness  has  issuecl  orders  to  His  Majesty’s  Officers  on  the  Lakes 
directing,  that  the  Xaval  Force  so  to  be  limited  shall  be  restricted  to 
such  services  as  will  in  no  respect  interfere  with  the  proper  duties  of 
the  armed  vessels  of  the  other  Party. 

The  Undersigned  has  the  honour  to  renew  to  Mr.  Rush  the  assur- 
ances of  his  highest  consideration. 

Charles  Bagot 

Department  or  State, 

Afnl  29  1817. 

The  Undersigned,  acting  Secretary  of  State,  has  the  honor  to  ac- 
knowledge the  receipt  of  Mr.  Bagot’s  note  of  the  28th  of  this  month, 
informing  him  that,  having  laid  before  the  Government  of  His 
Britannick  Majesty,  the  correspondence  which  passed  last  year  be- 
tween the  Secretaiy  of  State  and  himself  upon  the  subject  of  a pro- 
posal to  reduce  the  naval  force  of  the  two  countries  upon  the  American 
Lakes,  he  had  received  the  commands  of  His  Royal  Highness  The 
Prince  Regent  to  inform  this  Government  that  Plis  Royal  Highness 
was  willing  to  accede  to  the  proposition  made  by  the  Secretary  of 
State  in  his  note  of  the  second  of  August  last. 

The  Undersigned  has  the  honor  to  express  to  Mr.  Bagot  the  satis- 
faction which  The  President  feels  at  His  Royal  Highness  The  Prince 
Regent’s  having  acceded  to  the  proposition  of  this  Government  as 
contained  in  the  note  alluded  to.  And  in  further  answer  to  Mr. 
Bagot’s  note,  the  Undersigned,  by  direction  of  The  President,  has  the 
honor  to  state,  that  this  Government,  cherishing  the  same  sentiments 
expressed  in  the  note  of  the  second  of  August,  agrees,  that  the  naval 
force  to  be  maintained  upon  the  Lakes  by  the  United  States  and 
Great  Britain  shall,  henceforth,  be  confined  to  the  following  vessels 
on  each  side,  that  is : 

On  Lake  Ontario  to  one  vessel  not  exceeding  One  Hundred  Tons 
burden,  and  armed  with  one  eighteen-pound  cannon.  On  the  Upper 
Lakes  to  two  vessels  not  exceeding  the  like  burden  each,  and  armed 
with  like  force,  and  on  the  waters  of  Lake  Champlain  to  one  vessel  not 
exceeding  like  burden  and  armed  with  like  force. 

And  it  agrees,  that  all  other  armed  vessels  on  these  Lakes  shall  be 
forthwith  dismantled,  and  that  no  other  vessels  of  war  shall  be  there 
built  or  armed.  And  it  further  agrees,  that  if  either  party  should 
hereafter  be  desirous  of  annulling  this  stipulation  and  should  give 
notice  to  that  effect  to  the  other  psirty,  it  shall  cease  to  be  binding 
after  the  expiration  of  six  months  from  the  date  of  such  notice. 

The  Undersigned  is  also  directed  by  The  President  to  state,  that 
proper  orders  will  be  forthwith  issued  by  this  Government  to  restrict 


630 


TREATIES,  CONVENTIONS,  ETC. 


the  naval  force  thus  limited  to  such  services  as  will  in  no  respect  inter- 
fere with  the  proper  duties  of  the  armed  vessels  of  the  other  party. 

The  Undersigned  eagerly  avails  himself  of  this  opportunity  to 
tender  to  Mr.  Bagot  the  assurances  of  his  distinguished  considera- 
tion and  respect. 

Richard  Rush. 


[By  THE  President  of  the  United  States  of  America. 


A rROCLAMATION. 


"^^Tiereas,  an  arrangement  was  entered  into  at  the  city  of  Wash- 
ington, in  the  month  of  April,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  seventeen,  between  Richard  Rush,  esquire,  at  that 
time  acting  as  Secretary  for  the  Department  of  State  of  the  United 
States,  for  and  in  behalf  of  the  government  of  the  United  States, 
and  the  Right  Honorable  Charles  Bagot,  His  Britannic  Majesty’s 
Envoy  Extraordinary  and  Minister  Plenipotentiary,  for  and  in  behalf 
of  His  Britannic  Majesty,  which  arrangement  is  in  the  words  follow- 
ing, to  wit : 

“ The  naval  force  to  be  maintained  upon  the  American  lakes  by 
His  Majesty  and  the  Government  of  the  United  States  shall  hence- 
forth be  confined  to  the  following  vessels  on  each  side,  that  is — 

“ On  Lake  Ontario,  to  one  vessel  not  exceeding  one  hundred  tons 
burden,  and  armed  with  one  eighteen  pound  cannon 

“ On  the  Upper  Lakes,  to  two  vessels  not  exceeding  like  burden 
each,  and  armed  with  like  force. 

“ On  the  waters  of  Lake  Champlain,  to  one  vessel  not  exceeding 
like  burden,  and  armed  with  like  force. 

“All  other  armed  vessels  on  these  lakes  shall  be  forthwith  dis- 
mantled, and  no  other  vessels  of  war  shall  be  there  built  or  armed. 

“ If  either  party  should  be  hereafter  desirous  of  annulling  this 
stipulation,  and  should  give  notice  to  that  effect  to  the  other  party, 
it  shall  cease  to  be  binding  after  the  expiration  of  six  months  from 
the  date  of  such  notice. 

“ The  naval  force  so  to  be  limited  shall  be  restricted  to  such  serv- 
ices as  will,  in  no  respect,  interfere  with  the  proper  duties  of  the 
armed  vessels  of  the  other  party.” 

And  whereas  the  Senate  of  the  United  States  have  approved  of 
the  said  arrangement,  and  recommended  that  it  should  be  carried 
into  effect,  the  same  having  also  received  the  sanction  of  His  Royal 
Highness  the  Prince  Regent,  acting  in  the  name  and  on  the  behalf  of 
His  Britannic  Majesty. 

Now,  therefore,  I,  James  Monroe,  President  of  the  United  States, 
do,  by  this  my  proclamation,  make  known  and  declare  that  the 
arrangement  aforesaid,  and  every  stipulation  thereof,  has  been  duly 
entered  into,  concluded  and  confirmed,  and  is  of  full  force  and  effect. 

Given  under  my  hand,  at  the  citv  of  Washington,  this  twenty- 
eighth  day  of  April,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  eighteen,  and  of  the  independence  of  the  United  States 
the  forty-second. 

By  the  President: 

James  Monroe. 


John  Quincy  Adams, 

Secret ar]j*of  State.^ 


WRiSrUNS  UBHAWY, 

156  Fifth  Avenue.  York. 

GKEAT  BRITAIN 1818.  631 

1818. 


Convention  Respecting  Fisheries,  Boundary  and  the  Restora- 
tion or  Slaves.® 


Concluded  Octoher  20,  1818;  ratifccition  advised  loy  the  Senate 
January  25,  1819;  rntif.ed  hy  the  President  January  28,  1819; 
ratifications  exchanged  January  30,  1819;  'proclaimed  January  30, 
1819. 

Articles. 


I.  Fisheries. 

II.  Boundary  from  the  Lake  of  the 
Woods  to  the  Stony  Mountains. 

III.  Country  west  of  the  Stony  Moun- 
tains. 


IV.  Commercial  convention  extended. 

V.  Claims  for  restitution  of  slaves. 

VI.  Ratification. 


The  United  States  of  America,  and  His  Majesty  the  King  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  desirous  to  cement  the 
good  understanding  which  happily  subsists  between  them,  have,  for 
that  purpose,  named  their  respective  Plenijiotentiaries,  that  is  to  say: 

The  President  of  the  United  States,  on  his  part,  has  appointed, 
Albert  Gallatin,  their  Envoy  Extraordinary  and  Minister  Plenipo- 
tentiary to  the  Court  of  France;  and  Richard  Rush,  their  Envoy 
Extraordinary  and  Minister  Plenipotentiary  to  the  Court  of  His 
Britannic  Majesty: — and  His  Majesty  has  appointed  the  Right 
Honorable  Frederick  John  Robinson,  Treasurer  of  His  Majesty’s 
Navy,  and  President  of  the  Committee  of  Privy  Council  for  Trade 
and  Plantations;  and  Henry  Goulburn  Esq.,  one  of  His  Majesty’s 
Under  Secretarys  of  State : — 

Who,  after  having  exchanged  their  respective  full  powers,  found 
to  be  in  due  and  proper  form,  have  agreed  to  and  concluded  the  fol- 
lowing articles. 

Article  I. 


Whereas  differences  have  arisen  respecting  the  liberty  claimed  by 
the  United  States  for  the  inhabitants  thereof,  to  take,  dry,  and  cure 
fish  on  certain  coasts,  bays,  harbours,  and  creeks  of  His  Britannic 
Majesty’s  dominions  in  America,  it  is  agreed  between  the  high  con- 
tracting parties,  that  the  inhabitants  of  the  said  United  States  shall 
have  forever,  in  common  with  the  subjects  of  His  Britannic  Majesty, 
the  liberty  to  take  fish  of  every  kind  on  that  part  of  the  southern 
coast  of  Newfoundland  which  extends  from  Cape  Ray  to  the  Rameau 
Islands,  on  the  western  and  northern  coast  of  Newfoundland,  from 
the  said  Cape  Ray  to  the  Quirpon  Islands  on  the  shores  of  the 
Magdalen  Islands,  and  also  on  the  coasts,  bays,  harbours,  and  creeks 
from  Mount  Joly  on  the  southern  coast  of  Labrador,  to  and  through 
the  Streights  of  Belleisle  and  thence  northwardly  indefinitely  along 
the  coast,  without  prejudice  however,  to  any  of  the  exclusive  rights 
of  the  Hudson  Bay  Company : And  that  the  American  fishermen 
shall  also  have  liberty  forever,  to  dry  and  cure  fish  in  any  of  the 
unsettled  bays,  harbours,  and  creeks  of  the  southern  part  of  the  coast 
of  Newfoundland  hereabove  described,  and  of  the  coast  of  Labrador; 


Federal  case : McKay  v.  Campbell,  2 Sawy,  118. 


682 


TEEATIES,  CONVENTIOKS,  ETC. 


blit  SO  soon  as  the  same,-  or  any  portion  thereof,  shall  be  settled,  it 
shall  not  be  lawful  for  the  said  fishermen  to  dry  or  cure  fish  at  such 
portion  so  settled,  without  previous  agreement  for  such  purpose  with 
the  inhabitants,  proprietors,  or  possessors  of  the  ground.  And  the 
United  States  hereby  renounce  forever,  any  liberty  heretofore  enjoyed 
or  claimed  by  the  inhabitants  thereof,  to  take,  dry,  or  cure  fish  on,  or 
within  three  marine  miles  of  any  of  the  coasts,  bays,  creeks,  or  har- 
bours of  His  Britannic  Majesty’s  dominions  in  America  not  in- 
cluded within  the  abovementioned  limits;  Provided  however,  that 
the  American  fishermen  shall  be  admitted  to  enter  such  bays  or 
harbours  for  the  purpose  of  shelter  and  of  repairing  damages  therein, 
of  purchasing  Avood,  and  of  obtaining  Avater,  and  for  no  other  pur- 
pose whateA’er.  But  they  shall  be  under  such  restrictions  as  may  be 
necessary  to  prevent  their  taking,  drying  or  curing  fish  therein,  or 
in  any  other  manner  AvliateA^er  abusing  the  privileges  hereby  re- 
served to  them. 

Article  II. 

It  is  agreed  that  a line  drawn  from  the  most  northwestern  point  of 
the  Lake  of  the  Woods,  along  the  forty-ninth  parallel  of  north  lati- 
tude, or,  if  the  said  point  shall  not  be  in  the  forty -ninth  parallel 
of  north  latitude,  then  that  a line  draAvn  from  the  said  point  due 
north  or  south  as  the  case  may  be,  until  the  said  line  shall  intersect 
the  said  parallel  of  north  latitude,  and  from  the  point  of  such  inter- 
section due  west  along  and  Avith  the  said  parallel  shall  be  the  line 
of  demarcation  betAveen  the  territories  of  the  United  States,  and  those 
of  His  Britannic  Majesty,  and  that  the  said  line  shall  form  the 
northern  boundary  of  the  said  territories  of  the  United  States,  and 
the  southern  boundary  of  the  territories  of  His  Britannic  Majesty, 
from  the  Lake  of  the  Woods  to  the  Stony  Mountains. 

Article  III.® 

It  is  agreed,  that  any  country  that  may  be  claimed  by  either  party 
on  the  northwest  coast  of  America,  westward  of  the  Stony  Mountains, 
shall,  together  Avith  its  harbours,  bays,  and  creeks,  and  the  navigation 
of  all  rivers  Avithin  the  same,  be  free  and  open,  for  the  term  of  ten 
years  from  the  date  of  the  signature  of  the  present  convention,  to 
the  vessels,  citizens,  and  subjects  of  the  tAvo  PoAvers:  it  being  well 
understood,  that  this  agreement  is  not  to  be  construed  to  the  preju- 
dice of  any  claim,  Avhich  either  of  the  tAvo  high  contracting  parties 
may  haA^e  to  any  part  of  the  said  country,  nor  shall  it  be  taken  to 
affect  the  claims  of  any  other  PoAver  or  State  to  any  part  of  the  said 
country;  the  only  object  of  the  high  contracting  parties,  in  that 
respect,  being  to  prevent  disputes  and  differences  amongst  themselves. 

Article  IV.*' 

All  the  provisions  of  the  conA^ention  “ to  regulate  the  commerce  be- 
tween the  territories  of  the  United  States  and  of  His  Britannic 
Majesty  ” concluded  at  London  on  the  third  da}’’  of  July  in  the  year 


« See  coin’eiitioii  of  1S27. 


**  See  conveution  of  181.5. 


GREAT  BRITAIN 1818. 


633 


of  our  Lord  one  thousand  eight  hundred  and  fifteen,  with  the  excep- 
tion of  the  clause  which  limited  its  duration  to  four  years,  and  ex- 
cepting also  so  far  as  the  same  was  affected  by  the  declaration  of  His 
Majesty  resjDecting  the  island  of  St.  Helena,  are  hereby  extended  and 
continued  in  force  for  the  term  of  ten  years  from  the  date  of  the  sig- 
nature of  the  present  convention,  in  the  same  manner,  as  if  all  the 
provisions  of  the  said  convention  were  herein  specially  recited. 


Article  V.“ 


Whereas,  it  was  agreed  by  the  first  Article  of  the  treaty  of  Ghent, 
that  “ all  territory,  places,  and  possessions  whatsoever  taken  by  either 
party  from  the  other  during  the  war,  or  which  may  be  taken  after  the 
signing  of  this  treaty,  excepting  only  the  islands  hereinafter  men- 
tioned, shall  be  restored  without  delay;  and  without  causing  any  de- 
struction, or  carrying  away  any  of  the  artillery  or  other  public  prop- 
erty originally  captured  in  the  said  forts  or  places  which  shall  remain 
therein  upon  the  exchange  of  the  ratifications  of  this  treaty,  or  any 
slaves  or  other  jirivate  iiro^ierty;”  and  whereas  under  the  aforesaid 
article  the  United  States  claim  for  their  citizens,  and  as  their  private 
property,  the  restitution  of,  or  full  compensation  for  all  slaves  who,  at 
the  date  of  the  exchange  of  the  ratifications  of  the  said  treaty,  were  in 
any  territory,  places,  or  possessions  whatsoever  directed  by  the  said 
treaty  to  be  restored  to  the  United  States,  but  then  still  occupied  by 
the  British  forces,  whether  such  slaves  were,  at  the  date  aforesaid,  on 
shore,  or  on  board  any  British  vessel  lying  in  waters  within  the  ter- 
ritory or  jurisdiction  of  the  United  States;  and  whereas  differences 
have  arisen  whether,  by  the  true  intent  and  meaning  of  the  aforesaid 
article  of  the  treaty  of  Ghent,  the  United  States  are  entitled  to  the 
restitution  of,  or  full  compensation  for  all  or  any  slaves  as  above  de- 
scribed, the  high  contracting  parties  hereby  agree  to  refer  the  said 
differences  to  some  friendly  sovereign  or  State  to  be  named  for  that 
purpose ; and  the  high  contracting  parties  further  engage  to  consider 
the  decision  of  such  friendly  sovereign  or  State,  to  be  final  and  con- 
clusive on  all  the  matters  referred. 


Article  VI. 


This  convention,  when  the  same  shall  have  been  duly  ratified  by  the 
President  of  the  United  States,  by  and  with  the  advice  and  consent 
of  their  Senate,  and  by  His  Britannic  Majesty,  and  the  respective 
ratifications  mutually  exchanged,  shall  be  binding  and  obligatory  on 
the  said  United  States  and  on  His  Majesty;  and  the  ratifications  shall 
be  exchanged  in  six  months  from  this  date,  or  sooner,  if  possible. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
same,  and  have  thereunto  affixed  the  seal  of  their  arms. 

Done  at  London  this  twentieth  day  of  October,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  eighteen. 

[seal.]  Albert  Gallatin. 


[seal.] 

[seal.] 

[seal.] 


Richard  Rush. 

Frederick  John  Robinson. 
Henry  Goulburn. 


Referred  to  Emperor  of  Russia,  convention  of  1822. 


634 


TREATIES,  CONVENTIONS,  ETC. 


1822 


Convention  for  Indejinity  Under  Award  of  Emperor  of  Russia  as 
TO  THE  True  Construction  of  First  Article  of  the  Treaty  of 
December  24,  1814. 

Concluded  July  12^  1822^  ratijiccdion  advised  l>y  the  senate  January 
3,  1823;  ratifed  hy  the  President  January  1823;  ratifications  ex- 
changed January  10,  1823;  proclaimed  January  11,  1823. 


Articles. 


I.  Arbitrators  and  commissioner. 

II.  Agreement  as  to  vaiiie. 

III.  Commissioners  to  examine. 

IV.  Examinations  and  evidence. 


V.  Case  of  disagreement. 

VI.  Finality  of  decision ; payment. 

VII.  Pay  of  commissioners. 

VIII.  Certified  copies  of  convention. 


In  the  name  of  the  Most  Holy  and  Indivisible  Trinity. 

The  President  of  the  United  States  of  America  and  His  Majesty 
the  King  of  the  United  Kingdom  of  Great  Britain  and  Ireland,  hav- 
ing agreed,  in  pursuance  of  the  fifth  article  of  the  convention  con- 
cluded at  London  on  the  20th  day  of  October,  1818,  to  refer  the  dif- 
ferences which  had  arisen  between  the  two  Governments,  upon  the 
true  construction  and  meaning  of  the  first  article  of  the  treat}^  of 
peace  and  amity  concluded  at  Ghent  on  the  21th  day  of  December, 
1814,  to  the  friendly  arbitration  of  His  Majesty  the  Emperor  of  all 
the  Russias,  mutually  engaging  to  consider  his  decision  as  final  and 
conclusive.  And  his  said  Imperial  Majesty  having,  after  due  con- 
sideration, given  his  decision  upon  these  differences  in  the  following 
terms,  to  wit : 

“ That  the  United  States  of  America  are  entitled  to  claim  from 
Great  Britain  a just  indemnification  for  all  private  property  which 
the  British  forces  may  have  carried  away ; and,  as  the  question  relates 
to  slaves  more  especiallj^,  for  all  the  slaves  that  the  British  forces  may 
have  carried  away  from  places  and  territories  of  which  the  treaty 
stipulates  the  restitution,  in  quitting  these  same  places  and  territories. 

“ That  the  United  States  are  entitled  to  consider  as  having  been  so 
carried  awa}^,  all  such  slaves  as  may  have  been  transferred  from  the 
above-mentioned  territories  to  British  vessels  within  the  waters  of  the 
said  territories,  and  who  for  this  reason  may  not  have  been  restored. 

“ But  that  if  there  should  be  any  American  slaves  who  were  carried 
away  from  territories  of  which  the  first  article  of  the  treaty  of  Ghent 
has  not  stipulated  the  restitution  to  the  United  States,  the  United 
States  are  not  entitled  to  claim  an  indemnification  for  the  said  slaves.” 

Now,  for  the  purpose  of  carrying  into  effect  this  award  of  His  Im- 
perial Majesty,  as  arbitrator,  his  good  offices  have  been  farther  in- 
voked to  assist  in  framing  such  convention  or  articles  of  agTeement 
between  the  United  States  of  America  and  his  Britannic  Majesty  as 
shall  provide  the  mode  of  ascertaining  and  determining  the  value 
of  slaves  and  of  other  private  property,  which  may  have  been  carried 
aAvay  in  contravention  of  the  treaty  of  Ghent,  and  for  which  indem- 
nification is  to  be  made  to  the  citizens  of  the  United  States,  in  Aurtue 
of  His  Imperial  Majesty’s  said  aAvard,  and  shall  secure  compensation 
to  the  sufferers  for  their  losses,  so  ascertained  and  determined.  And 


GREAT  BRITAIN 1822. 


635 


His  Imperial  Majesty  has  consented  to  lend  his  mediation  for  the 
above  purpose,  and  has  constituted  and  appointed  Charles  Robert 
Count  Nesselrode,  His  Imperial  Majesty’s  Privy  Councellor,  member 
of  the  Council  of  State,  Secretary  of  State  directing  the  Imperial 
Department  of  Foreign  Affairs,  Chamberlain,  Knight  of  the  Order 
of  St.  Alexander  Nevsky,  Grand  Cross  of  the  Order  of  St.  Vladimir 
of  the  first  class,  Knight  of  that  of  the  Mdiite  Eagle  of  Poland,  Grand 
Cross  of  the  Order  of  St.  Stephen  of  Hungary,  of  the  Black  and  of 
the  Red  Eagle  of  Prussia,  of  the  Legion  of  Honor  of  France,  of 
Charles  III  of  Spain,  of  St.  Ferdinand  and  of  Merit  of  Naples,  of 
the  Annunciation  of  Sardinia,  of  the  Polar  Star  of  Sweden,  of  the 
Elephant  of  Denmark,  of  the  Golden  Eagle  of  Wirtemberg,  of  Fi- 
delity of  Baden,  of  St.  Constantine  of  Parma,  and  of  Guelph  of  Han- 
novre;  and  John  Count  Capodistrias,  His  Imperial  Majesty’s  Privy 
Counsellor,  and  Secretary  of  State,  Knight  of  the  Order  of  St.  Alex- 
ander Nevsky,  Grand  Cross  of  the  Order  of  St.  Vladimir  of  the  first 
class,  Knight  of  that  of  the  Wliite  Eagle  of  Poland,  Grand  Cross  of 
the  Order  of  St.  Stephen  of  Hungary,  of  the  Black  and  of  the  Red 
Eagle  of  Prussia,  of  the  Legion  of  Honour  of  France,  of  Charles  III 
of  Spain,  of  St.  Ferdinand  and  of  Merit  of  Naples,  of  St.  Maurice 
and  of  St.  Lazarus  of  Sardinia,  of  the  Elephant  of  Demnark,  of  Fi- 
delity and  of  the  Lion  of  Zahringen  of  Baden,  Burgher  of  the  Canton 
of  Valid,  and  also  of  the  Canton  and  of  the  Republic  of  Geneva,  as 
his  Plenipotentiaries  to  treat,  adjust,  and  conclude  such  articles  of 
agreement  as  may  tend  to  the  attainment  of  the  above-mentioned 
end,  with  the  Plenipotentiaries  of  the  United  States  and  of  His 
Britannic  Majesty,  that  is  to  say: 

On  the  part  of  the  President  of  the  United  States,  with  the  advice 
and  consent  of  the  Senate  thereof,  Henry  Middleton,  a citizen  of  the 
said  United  States,  and  their  Envoy  Extraordinary  and  Minister 
Plenipotentiary  to  His  Majesty  the  Emperor  of  all  the  Russias;  and 
on  the  part  of  His  Majesty  the  King  of  the  United  Kingdom  of  Great 
Britain  and  Ireland,  the  Right  Honorable  Sir  Charles  Bagot,  one  of 
Mis  Majesty’s  most  Honorable  Privy  Council,  Knight  Grand  Cross 
of  the  most  honorable  Order  of  the  Bath,  and  his  Majesty’s  Am- 
bassador Extraordinary  and  Plenipotentiary  to  His  Majesty  the 
Emperor  of  all  the  Russias ; 

And  the  said  Plenipotentiaries,  after  a reciprocal  communication 
of  their  ■ respective  full  powers,  found  in  good  and  due  form,  have 
agreed  upon  the  following  articles : 

Article  I. 

For  the  purpose  of  ascertaining  and  determining  the  amount  of 
indemnification  which  may  be  due  to  citizens  of  the  United  States 
under  the  decision  of  His  Imjierial  Majesty,  two  Commissioners  and 
two  Arbitrators  shall  be  appointed  in  the  manner  following,  that 
is  to  say : One  Commissioner  and  one  Arbitrator  shall  be  nominated 
and  appointed  by  the  President  of  the  United  States  of  America, 
by  and  with  the  advice  and  consent  of  the  Senate  thereof;  and  one 
Commissioner  and  one  Arbitrator  shall  be  appointed  by  His  Britan- 
nic Majesty.  And  the  two  Commissioners  and  two  Arbitrators,  thus 
appointed,  shall  meet  and  hold  their  sittings  as  a board  in  the  city 
of  Washington.  They  shall  have  power  to  appoint  a secretary,  and 


636 


TREATIES,  CONVENTIONS,  ETC. 


before  proceeding  to  the  other  business  of  the  commission,  they  shall, 
respectively,  take  the  following  oath  (or  affirmation)  in  the  presence 
of  each  other;  which  oath  or  affirmation,  being  so  taken,  and  duly 
attested,  shall  be  entered  on  the  record  of  their  proceedings,  that  is 
to  say : “ I,  A.  B.,  one  of  the  Commissioners  (or  Arbitrators,  as  the 
case  may  be)  appointed  in  pursuance  of  the  convention  concluded  at 
St.  Petersburg  on  the  day  of  jviy*;'  one  thousand  eight  hundred 
and  twenty-two,  between  His  Majesty  the  Emperor  of  all  the  Russias, 
the  United  States  of  America,  and  His  Britannic  Majesty,  do 
solemnly  swear  (or  affirm)  that  I will  diligently,  impartially,  and 
carefully  examine,  and,  to  the  best  of  my  judgment,  according  to 
justice  and  equity,  decide  all  matters  submitted  to  me  as  Commis- 
sioner (or  Arbitrator,  as  the  case  may  be)  under  the  said  coni’ention.'’ 

All  vacancies  occurring  by  death  or  otherwise  shall  be  filled  up  in 
the  manner  of  the  original  appointment,  and  the  new  Commissioners 
or  Arbitrators  shall  take  the  same  oath  or  affirmation,  and  perform 
the  same  duties.. 

Article  II. 

If,  at  the  first  meeting  of  this  board,  the  Governments  of  the 
United  States  and  of  Great  Britain  shall  not  have  agreed  upon  an 
average  value,  to  be  allowed  as  compensation  for  each  slave  for  whom 
indemnification  may  be  due;  then,  and  in  that  case,  the  Commissioners 
and  Arbitrators  shall  conjointly  proceed  to  examine  the  testimon}'^ 
which  shall  be  produced  under  the  authority  of  the  President  of  the 
United  States,  together  with  such  other  competent  testimony  as  they 
may  see  cause  to  require  or  allow,  going  to  prove  the  true  value  of 
slaves  at  the  period  of  the  exchange  of  the  ratifications  of  the  treaty 
of  Ghent ; and,  upon  the  evidence  so  obtained,  they  shall  agree  upon 
and  fix  the  average  value.  But  in  case  that  the  majority  of  the  board 
of  Commissioners  and  Arbitrators  should  not  be  able  to  agree  respect- 
ing such  average  value,  then,  and  in  that  case,  recourse  shall  be  had 
to  the  arbitration  of  the  Minister  or  other  Agent  of  the  mediating 
Power  accredited  to  the  Government  of  the  United  States.  A state- 
ment of  the  evidence  produced,  and  of  the  proceeding’s  of  the  board 
thereupon,  shall  be  communicated  to  the  said  INIinister  or  Agent,  and 
his  decision,  founded  upon  such  evidence  and  proceedings,  shall  be 
final  and  conclusive.  And  the  said  average  value,  Avhen  fixed  and 
determined  by  either  of  the  three  before-mentioned  methods,  shall,  in 
all  cases,  serve  as  a rule  for  the  compensation  to  be  awarded  for  each 
and  every  slave,  for  whom  it  ma}^  afterwards  be  found  that  indem- 
nification is  due. 

Article  III. 

Mdien  the  average  value  of  slaves  shall  have  been  ascertained  and 
fixed,  the  two  Commissioners  shall  constitute  a board  for  the  ex- 
amination of  the  claims  which  are  to  be  submitted  to  them,  and  they 
shall  notify  to  the  Secretary  of  State  of  the  United  States  that  they 
are  ready  to  receive  a definite  list  of  the  slaves  and  other  private 
property  for  which  the  citizens  of  the  United  States  claim  idemnifica- 
tion;  it  being  understood  and  hereby  agreed  that  the  commission 
shall  not  take  cognizance  of,  nor  receive,  and  that  his  Britannic 
Majesty  shall  not  be  required  to  make,  compensation  for  any  claims 


GEEAT  BEITAIN 1822. 


637 


for  private  property  under  the  first  article  of  the  treaty  of  Ghent  not 
contained  in  the  said  list.  And  his  Britannic  Majesty  hereby  engages 
to  cause  to  be  produced  before  the  commission,  as  material  towards 
ascertaining  facts,  all  the  evidence  of  which  his  Majesty’s  Govern- 
ment may  be  in  possession,  by  returns  from  His  Majesty’s  officers  or 
otherwise,  of  the  number  of  slaves  carried  away.  But  the  evidence 
so  produced,  or  its  defectiveness,  shall  not  go  in  bar  of  any  claim  or 
claims  which  shall  be  otherwise  satisfactorily  authenticated. 

Article  IV. 

The  two  Commissioners  are  hereby  empowered  and  required  to  go 
into  an  examination  of  all  the  claims  submitted,  thro’  the  above- 
mentioned  list,  by  the  owners  of  slaves  or  other  property,  or  by  their 
lawful  attorneys  or  representatives,  and  to  determine  the  same,  re- 
spectively, according  to  the  merits  of  the  several  cases,  under  the 
rule  of  the  Imperial  decision  hereinabove  recited,  and  having  refer- 
ence, if  need  there  be,  to  the  explanatory  documents  hereunto  an- 
nexed, marked  A and  B.  And,  in  considering  such  claims,  the 
Commissioners  are  empowered  and  required  to  examine,  on  oath  or 
affirmation,  all  such  persons  as  shall  come  before  them  touching  the 
real  number  of  the  slaves,  or  value  of  other  property,  for  which 
idemnification  is  claimed ; and,  also,  to  receive  in  evidence,  accord- 
ing as  they  may  think  consistent  with  equity  and  justice,  written 
depositions  or  papers,  such  depositions  or  papers  being  duly  authen- 
ticated, either  according  to  existing  legal  forms,  or  in  such  other 
manner  as  the  said  Commissioners  shall  see  cause  to  require  or  allow. 

Article  V. 

In  the  event  of  the  two  Commissioners  not  agreeing  in  any  par- 
ticular case  under  examination,  or  of  their  disagreement  upon  any 
question  which  may  result  from  the  stipulations  of  this  convention, 
then  and  in  that  case  they  shall  draw  by  lot  the  name  of  one  of 
the  two  Arbitrators,  who,  after  having  given  due  consideration  to 
the  matter  contested,  shall  consult  with  the  Commissioners;  and  a 
final  decision  shall  be  given,  conformably  to  the  opinion  of  the  ma- 
jority of  the  two  Commissioners  and  of  the  Arbitrator  so  drawn  by 
lot.  And  the  Arbitrator,  when  so  acting  with  the  two.  Commis- 
sioners, shall  be  bound  in  all  respects  by  the  rules  of  proceeding  en- 
joined by  the  IVth  article  of  this  convention  upon  the  Commissioners, 
and  shall  be  vested  with  the  same  powers,  and  be  deemed,  for  that 
case,  a Commissioner. 

Article  VI. 

The  decision  of  the  two  Commissioners,  or  of  the  majority  of  the 
board,  as  constituted  by  the  preceding  article,  shall  in  all  cases  be 
final  and  conclusive,  whether  as  to  number,  the  value,  or  the  owner- 
ship of  the  slaves,  or  other  property,  for  which  indemnification  is 
to  be  made.  And  His  Britannic  Majesty  engages  to  cause  the  sum 
awarded  to  each  and  every  owner  in  lieu  of  his  slave  or  slaves,  or 
other  property,  to  be  paid  in  specie,  without  deduction,  at  such  time 
or  times  and  at  such  place  or  places  as  shall  be  awarded  by  the  said 
Commissioners,  and  on  condition  of  such  releases  or  assignments  to 


638 


TREATIES,  CONVENTIONS,  ETC. 


be  given  as  they  shall  direct:  Provided,  that  no  such  payment  shall 
be  fixed  to  take  place  sooner  than  twelve  months  from  the  day  of 
the  exchange  of  the  ratifications  of  this  convention. 

Article  VII. 


It  is  farther  agreed  that  the  Commissioners  and  Arbitrators  shall 
be  respectively  paid  in  such  manner  as  shall  be  settled  between  the 
Governments  of  the  United  States  and  Great  Britain  at  the  time 
of  the  exchange  of  the  ratifications  of  this  convention.  And  all 
other  expenses  attending  the  execution  of  the  commission  shall  be 
defrayed  jointly  by  the  United  States  and  His  Britannic  Majesty, 
the  same  being  previously  ascertained  and  allowed  by  the  majority 
of  the  board. 

Article  VIII. 


A certified  copy  of  this  convention,  when  duly  ratified  by  His 
Majesty  the  Emperor  of  all  the  Russias,  by  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  their  Senate, 
and  by  His  Britannic  Majesty,  shall  be  delivered  by  each  of  the  con- 
tracting parties,  respectively,  to  the  Minister  or  other  Agent  of  the 
mediating  Power  accredited  to  the  Government  of  the  United  States, 
as  soon  as  may  be  after  the  ratifications  shall  have  been  exchanged; 
which  last  shall  be  effected  at  Washington  in  six  months  from  the 
date  hereof,  or  sooner  if  possible. 

In  faith  whereof,  the  respective  Plenipotentiaries  have  signed  this 
convention,  drawn  up  in  two  languages,  and  have  hereunto  affixed 
their  seals. 

Done  in  triplicate  at  St.  Petersburg,  this-tj^^f^jf  day  of  one 
thousand  eight  hundred  and  twenty-two. 

[seal.] 

[ SEAL.] 

[seal.] 

[seal.] 


Nesselrode. 
Capodistrias. 
Henry  Middleton. 
Charles  Bagot. 


A. 

Count  Nesselrode  to  Mr.  Middleton. 

[Translation.] 

The  undersigned,  Secretary  of  State,  directing  the  Imperial  Administration 
of  Foreign  Affairs,  has  the  honor  to  communicate  to  Mr.  Middleton,  Envoy 
Extraordinary  and  Minister  Plenipotentiary  of  the  United  States  of  America, 
the  opinion  which  the  Emperor,  his  master,  has  thought  it  his  duty  to  express 
upon,  the  ob.iect  of  the  differences  which  have  arisen  between  the  United  States 
and  Great  Britain,  realtive  to  the  interpi'etation  of  the  first  article  of  the 
treaty  of  Ghent, 

Mr.  Middleton  is  requested  to  consider  this  opinion  as  the  award  required 
of  the  Emperor  by  tlie  two  I'owers. 

He  will  doubtless  recollect  that  he,  as  well  as  the  Plenipotentiary  of  His 
Britannic  Majesty,  in  all  his  memorials,  has  principally  insisted  on  the  gram- 
matical sense  of  the  first  article  of  the  treaty  of  Ghent,  and  that,  even  in  his 
note  of  the  4th  (16th)  November.  1S21.  he  has  formally  declared  that  it  was 
on  the  signification  of  the  words  in  the  text  of  the  article  as  it  now  is  that  the 
decision  of  liis  Imperial  Majesty  should  be  founded. 


GREAT  BRITAIN 1822. 


639 


The  same  declaration  being  made  in  the  note  of  the  British  Plenipotentiary 
dated  8th  (20th)  October,  1821,  the  Emperor  had  only  to  conform  to  the  Mdshes 
expressed  by  the  two  parties,  by  devoting  all  his  attention  to  the  examination 
of  the  grammatical  question. 

The  above-mentioned  opinion  will  show  the  manner  in  which  His  Imperial 
Majesty  judges  of  this  question ; and  in  order  that  the  Cabinet  of  Washington 
may  also  know  the  motives  upon  which  the  Emperor’s  judgment  is  founded, 
the  undersigned  has  hereto  subjoined  an  extract  of  some  observations  upon  the 
literal  sense  of  the  first  article  of  the  treaty  of  Ghent. 

In  this  respect  the  Emperor  has  confined  himself  to  following  the  rules  of 
the  language  employed  in  drawing  up  the  act,  by  which  the  two  Powmrs  have 
required  his  arbitration,  and  defined  the  object  of  their  difference. 

His  Imperial  Majesty  has  thought  it  his  duty,  exclusively,  to  obey  the  author- 
ity of  these  rules,  and  his  opinion  could  not  but  be  the  rigorous  and  necessary 
consequence  thereof. 

The  undersigned  eagerly  embraces  this  occasion  to  renew  to  Mr.  Middleton 
the  assurances  of  his  most  distinguished  consideration. 

NESSELRODE. 

St.  Petersburg,  22d  April,  1822. 


HIS  IMPERIAL  majesty’s  AWARD. 

[Translation.  ] 

^ Invited  by  the  United  States  of  America  and  by  Great  Britain  to  give  an 
opinion,  as  Arbitrator,  in  the  differences  which  have  arisen  between  these  two 
Powers,  on  the  subject  of  the  interpretation  of  the  first  article  of  the  treaty 
which  they  concluded  at  Ghent,  on  the  24th  December,  1814,  the  Emperor  has 
taken  cognizance  of  all  the  acts,  memorials,  and  notes  in  which  the  resiiective 
Plenipotentiaries  have  set  forth  to  his  administration  of  foreign  affairs  the 
arguments  upon  which  each  of  the  litigant  parties  depends  in  support  of  th,e 
interpretation  given  by  it  to  the  said  article. 

After  having  maturely  weighed  the  observations  exhibited  on  both  sides: 

Considering  that  the  American  Plenipotentiary  and  the  Plenipotentiary  of 
Britain  have  desired  that  the  discussion  should  be  closed ; 

Considering  that  tb.e  former,  in  his  note  of  the  4th  (16th)  November,  1821, 
and  the  latter,  in  his  note  of  the  8th  (20th)  October,  of  the  same  year,  have 
declared  that  it  is  upon  the  construction  of  the  text  of  the  article  as  it  stands, 
that  the  Arbitrator's  decision  should  be  founded,  and  that  both  have  appealed, 
only  as  subsidiary  means,  to  the  general  principles  of  the  law  of  nations  and  of 
maritime  law ; 

The  Emperor  is  of  opinion  “ that  the  question  can  only  be  decided  according 
to  the  literal  and  grammatical  sense  of  the  first  article  of  the  treaty  of  Ghent.” 

As  to  the  literal  and  grammatical  sense  of  the  first  article  of  the  treaty  of 
Ghent : 

Considering  that  the  period  upon  the  signification  of  which  doubts  have 
arisen,  is  expressed  as  follows: 

“All  territory,  places,  and  possessions  whatsoever,  taken  by  either  party  from 
the  other  during  the  war.  or  which  may  be  taken  after  the  signing  of  this 
treaty,  excepting  only  the  islands  hereinafter  mentioned,  shall  be  restored  with- 
out delay,  and  without  causing  any  destruction  or  carrying  away  any  of  the 
artillery  or  other  public  property  originally  captured  in  the  said  forts  or  places, 
and  which  shall  remain  therein  upon  the  exchange  of  the  ratifications  of  this 
treaty,  or  any  slaves,  or  other  private  property;  and  all  archives,  records, 
deeds,  and  papers,  either  of  a public  nature,  or  belonging  to  private  persons, 
which,  in  the  course  of  the  war,  may  have  fallen  into  the  hands  of  the  officers 
of  either  party,  shall  be,  as  far  as  may  be  practicable,  forthwith  restored  and 
delivered  to  the  proper  authorities  .and  persons  to  whom  they  respectively 
belong.” 

Considering  that,  in  this  period,  the  words  originally  captured,  and  which 
shall  remain  therein  upon  the  exchange  of  the  ratifications,  form  an  incidental 
phrase,  which  can  have  respect,  grammatically,  only  to  the  substantives  or 
subjects  which  precede; 

That  the  first  article  of  the  treaty  of  Ghent  thus  prohibits  the  contracting 
parties  from  carrying  away  from  the  places  of  which  it  stipulates  the  restitu- 


640 


TREATIES,  CONVENTIONS,  ETC. 


tion,  only  the  public  property  which  might  have  heen  originally  captured  there, 
and  which  should  remain  therein  upon  the  exchange  of  the  raii/iculions,  but  that 
it  prohibits  the  carrying  away  from  these  same  places  any  private  property 
whatever ; 

That,  on  the  other  hand,  these  two  prohibitions  are  solely  applicable  to  the 
places  of  which  the  article  stipulates  the  restitution ; 

The  Emperor  is  of  opinion  : 

“ That  the  Fnited  States  of  America  are  entitled  to  a just  indemnification, 
from  Great  Britain,  for  all  private  property  carried  away  by  the  British  forces; 
and  as  the  question  regards  slaves  more  especially,  for  all  such  slaves  as  were 
carried  away  by  the  British  forces,  from  the  places  and  territories  of  which  the 
restitution  was  stipulatetl  by  the  treaty,  in  quitting  the  said  places  and 
territories ; * 

“That  the  T'nited  States  are  entitled  to  consider,  as  having  been  so  carried 
away,  all  such  slaves  as  may  have  been  transported  from  the  above-mentioned 
territories  on  board  of  the  British  vessels  within  the  waters  of  the  said  terri- 
tories, and  who.  for  this  reason,  have  not  lieen  restored; 

“ But  that,  if  there  should  be  any  American  slaves  who  were  carried  away 
fi’om  territories  of  which  the  first  article  of  the  treaty  of  Ghent  has  not  stipu- 
lated the  i-estitution  to  the  Thiited  States,  the  United  States  are  not  to  claim 
any  indemnification  for  the  said  slaves.” 

The  Emperor  declares,  besides,  that  he  is  ready  to  exercise  the  office  of 
mediator,  which  has  been  conferred  on  him  beforehand  by  the  two  States,  in 
the  negotiations  which  must  ensue  between  them  in  consequence  of  the  award 
which  they  have  demanded. 

Done  at  St.  Petersburg  22d  April.  1822. 


B. 

Count  Nesselrode  to  1/r.  Middleton. 

[Translation.] 

The  undersigned.  Secretary  of  State,  directing  the  Imperial  Administration  of 
Foreign  Affairs,  has,  without  delay,  laid  before  the  Emperor,  his  master,  the 
explanations  into  which  the  Ambassador  of  His  Britannic  Majesty  has  entered 
with  the  Imperial  Ministry,  in  consequence  of  the  preceding  confidential  com- 
munication which  was  made  to  Mr.  Middleton,  as  well  as  to  Sir  Charles  Bagot, 
of  the  opinion  expressed  by  the  Emperor  upon  the  true  sense  of  the  1st  article 
of  the  treaty  of  Ghent. 

Sir  Charles  Bagot  understands  that,  in  virtue  of  the  decision  of  His  Imperial 
IMajesty,  “ His  Britannic  Majesty  is  not  bound  to  indemnify  the  United  States 
for  any  slaves  who,  coming  from  places  which  have  never  been  occupied  by 
his  troops,  voluntarily  joined  the  British  forces,  either  in  consequence  of  the 
encouragement  which  His  Majesty’s  officers  had  offered  them,  or  to  free  them- 
selves from  the  power  of  their  master — these  slaves  not  having  been  carried 
away  from  places  or  territories  captured  by  His  Britannic  Majesty  during  the 
war,  and,  consequently,  not  having  been  carried  away  from  places  of  which 
the  article  stipulates  restitution.” 

In  answer  to  this  observation,  the  undersigned  is  charged  by  His  Imperial 
Majesty  to  communicate  what  follows  to  the  Minister  of  the  United  States  of 
America ; 

The  Emperor  having,  by  the  mutual  consent  of  the  two  Plenipotentiaries, 
given  an  opinion  founded  solely  upon  the  sense  which  results  from  the  text  of 
the  article  in  disi)ute.  does  not  think  himself  called  upon  to  decide  here  any 
question  relative  to  what  the  laws  of  war  permit  or  forbid  to  the  billigerents ; 
but,  always  faithful  to  the  grammatical  interpretation  of  the  1st  article  of  the 
treaty  of  Ghent,  His  Imperial  Majesty  declares,  a second  time,  that  it  appears 
to  him  according  to  this  interpretation ; 

“ That,  in  quitting  the  places  and  territories  of  which  the  treaty  of  Ghent 
stipulates  the  restitution  to  the  United  States.  His  Britannic  Majesty’s  forces 
had  no  right  to  carry  away  from  these  same  places  and  territories,  absolutely, 
any  slave,  by  whatever  means  he  had  fallen  or  come  into  their  power. 

“ But  that  if,  during  the  war,  American  slaves  had  been  carried  away  by  the 
English  forces,  from  other  places  than  those  of  which  the  treaty  of  Ghent  stipu^ 


GREAT  BRITAIN — 1822-1826. 


641 


lates  the  restitution,  upon  the  territory,  or  on  board  British  vessels.  Great 
Britain  should  not  be  bound  to  indemnify  the  United  States  for  the  loss  of 
these  slaves,  by  whatever  means  they  might  have  fallen  or  come  into  the  power 
of  her  officers.” 

Although  convinced,  by  the  previous  explanations  above  mentioned,  that  such 
is  also  the  sense  which  Sir  Charles  Bagot  attaches  to  his  observation,  the 
undersigned  has  nevertheless  received  from  His  Imperial  Majesty  orders  to 
address  the  present  note  to  the  respective  Plenipotentiaries,  which  will  prove 
to  them,  that,  in  order  the  better  to  justify  the  confidence  of  the  two  Govern- 
ments, the  Emperor  has  been  unwilling  that  the  slightest  doubt  should  arise 
regarding  the  consequences  of  his  opinion. 

The  undersigned  eagerly  embraces  this  occasion  of  repeating  to  Mr.  Middle- 
ton  the  assurance  of  his  most  distinguished  consideration, 

NESSELRODE. 

St.  Peteesbubg,  22d  April,  1822. 


The  Commission  provided  for  in  the  foregoing  treaty  met  In  Washington 
August  25,  1823,  and  having  fixed  the  average  value  of  the  slaves  on  September 
13,  1824,  met  to  consider  the  claims.  Being  unable  to  agree,  the  convention  of 
November  13,  1826,  was  negotiated  and  the  Commission  was  dissolved  March 
26,  1827. 


1826. 


Convention  Eelattve  to  Indemnity  foe  Slaves. 

Concluded  November  13.,  1826;  ratification  advised  by  the  senate 
December  26,  1826;  ratified  by  the  President  December  27,  1826 ; 
ratificatioTis  exchanged  February  6,  1827 ; 'proclaimed  March  19, 
1827.  ■ 


Akticles. 


I.  Sum  to  be  paid. 

II.  Convention  annulled. 
III.  Place  of  payment. 


IV.  To  be  in  full  payment. 

V.  Papers  of  the  commission. 

VI.  Ratification. 


Difficulties  having  arisen  in  the  execution  of  the  convention  con- 
cluded at  St.  Petersburg!!  on  the  twelfth  day  of  July,  1822,  under 
the  mediation  of  His  Majesty  the  Emperor  of  all  the  Russias,  between 
the  United  States  of  America  and  Great  Britain,  for  the  purpose  of 
carrying  into  effect  the  decision  of  His  Imperial  Majesty  upon  the  dif- 
ferences which  had  arisen  between  the  said  United  States  and  Great 
Britain  on  the  true  construction  and  meaning  of  the  first  article  of 
the  treaty  of  peace  and  amity  concluded  at  Ghent  on  the  twenty- 
fourth  day  of  December,  1814:  The  said  United  States  and  his 
Britannick  Majesty,  being  equally  desirous  to  obviate  such  difficulties, 
have  respectfully  named  Plenipotentiaries  to  treat  and  agree  respect- 
ing the  same,  that  is  to  say : 

The  President  of  the  United  States  of  America  has  appointed 
Albert  Gallatin  their  Envoy  Extraordinary  and  Minister  Plenipo- 
tentiary to  His  Britannick  Majesty;  and  His  Majesty  the  King  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  the  Right  Honour- 
able William  Huskisson,  a member  of  his  said  Majesty’s  Most  Honour- 
able Privy  Council,  a member  of  Parliament,  President  of  the 
Committee  of  Privy  Council  for  Affairs  of  Trade  and  Foreign  Planta- 
tions, and  Treasurer  of  his  said  Majesty’s  Navy,  and  Henry  Unwin 
24449— VOL  1—10 41 


642 


TREATIES,  CONVENTIONS,  ETC. 

Addington,  Esquire,  late  His  Majesty’s  Charge  d’ Affaires  to  the 
United  States  of  America ; 

AVlio,  after  having  communicated  to  each  other  their  respective  full 
powers,  found  to  be  in  due  and  proper  form,  have  agreed  upon  and 
concluded  the  following  articles : 

Article  I. 

His  Majesty  the  King  of  the  United  Kingdom  of  Great  Britain  and 
Ireland  agrees  to  pay,  and  the  United  States  of  America  agree  to 
receive,  for  the  use  of  the  persons  entitled  to  indemnifications  and 
compensation  by  virtue  of  the  said  decision  and  convention,  the  sum 
of  twelve  hundred  and  four  thousand  nine  hundred  and  sixty  dollars, 
current  money  of  the  United  States,  in  lieu  of,  and  in  full  and  com- 
plete satisfaction  for,  all  sums  claimed  or  claimable  from  Great 
Britain,  by  any  person  or  persons  whatsoever,  under  the  said  decision 
and  convention. 

Article  II. 

The  object  of  the  said  convention  being  thus  fulfilled,  that  conven- 
tion is  hereby  declared  to  be  cancelled  and  annulled,  save  and  except 
the  second  article  of  the  same,  which  has  already  been  carried  into 
execution  by  the  Commissioners  appointed  under  the  said  conven- 
tion;— and  save  and  except  so  much  of  the  third  article  of  the  same 
as  relates  to  the  definitive  list  of  claims  and  has  already  likewise 
been  carried  into  execution  by  the  said  Commissioners. 

ARTICLE  III. 

The  said  sum  of  twelve  hundred  and  four  thousand  nine  hundred 
and  sixty  dollars  shall  be  paid  at  Washington  to  such  person  or  per- 
sons as  shall  be  duly  authorized,  on  the  part  of  the  United  States,  to 
receive  the  same,  in  two  equal  payments  as  follows : 

The  payment  of  the  first  half  to  be  made  twenty  days  after  official 
notification  shall  have  been  made  by  the  Government  of  the  United 
States  to  His  Britannick  Majesty’s  Minister  in  the  said  United  States 
of  the  ratification  of  the  present  convention  by  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof. 

And  the  payment  of  the  second  half  to  be  made  on  the  first  day  of 
August,  1827. 

Article  IV. 

The  above  sums  being  taken  as  a full  and  final  liquidation  of  all 
claims  whatsoever  arising  under  the  said  decision  and  convention, 
both  the  final  adjustment  of  those  claims,  and  the  distribution  of 
the  sums  so  paid  by  Great  Britain  to  the  United  States,  shall  be  made 
in  such  manner  as  the  United  States  alone  shall  determine;  and  the 
Government  of  Great  Britain  shall  have  no  further  concern  or 
liability  therein. 

Article  V. 

It  is  agreed  that  from  the  date  of  the  exchange  of  the  ratifications 
of  the  present  convention,  the  joint  commission  appointed  under  the 


GREAT  BIRTAIN — 1826-182’7. 


643 


said  convention  of  St.  Petersbnrgh,  of  the  twelfth  of  July,  1822,  shall 
he  dissolved;  and  upon  the  dissolution  thereof,  all  the  documents 
and  papers  in  possession  of  the  said  commission,  relating  to  claims 
under  that  convention,  shall  he  delivered  over  to  such  person  or  per- 
sons as  shall  he  duly  authorized  on  the  part  of  the  United  States  to 
receive  the  same.  And  the  British  Commissioner  shall  make  over  to 
such  person  or  persons,  so  authorized,  all  the  documents  and  papers 
(or  authenticated  copies  of  the  same,  where  the  originals  cannot  con- 
veniently he  made  over)  relating  to  claims  under  the  said  convention, 
which  he  may  have  received  from  his  Government  for  the  use  of  the 
said  commission,  conformahly  to  the  stipulations  contained  in  the 
third  article  of  the  said  convention. 

Article  VI. 

The  present  convention  shall  he  ratified,  and  the  ratifications  shall 
be  exchanged  in  London,  in  six  months  from  this  date,  or  sooner  if 
possible. 

In  witness  whereof  the  Plenipotentiaries  aforesaid,  by  virtue  of 
their  respective  full  powers,  have  signed  the  same,  and  have  affixed 
thereunto  the  seals  of  their  arms. 

Done  at  London  this  thirteenth  day  of  November,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  twenty-six. 

[seal.]  Albert  Gallatin. 

[seal.]  Willia^i  Huskisson. 

[seal.]  Hexry  Unwin  Addington. 


By  Act  of  Congress  of  March  2,  1827,  a coniinission  was  anthorized  to  settle 
the  claims  referred  to  in  the  foregoing  convention.  Its  first  meeting  was  held 
July  10,  1827,  and  it  adjourned  August  31,  1828. 


1827. 

Convention  Continuing  in  Force  Article  III  Treaty  or  1818. 

Concluded  August  6^  1827 ; ratifcation  advised  hy  the  Senate  Fehru- 
ary  5,  1828;  ratified  hy  the  President  February  21^  1828;  ratifica- 
tions exchanged  April  2,  1828;  proclaimed  May  15^  1828. 

The  United  States  of  America  and  His  Majesty  the  King  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  being  equally  desirous 
to  prevent,  as  far  as  possible,  all  hazard  of  misunderstanding  between 
the  two  nations,  with  respect  to  the  territory  on  the  northwest  coast  of 
America,  west  of  the  Stoney  or  Rocky  Mountains,  after  the  expiration 
of  the  third  article  of  the  convention  concluded  between  them  on  the 
twentieth  of  October,  1818 ; and  also  with  a view  to  give  further  time 
for  maturing  measures  which  shall  have  for  their  object  a more 
definite  settlement  of  the  claims  of  each  party  to  the  said  territory, 
have  respectively  named  their  Plenipotentiaries  to  treat  and  agree 
concerning  a temporary  renewal  of  the  said  article,  that  is  to  say : 


644 


TREATIES,  CONVENTIONS,  ETC. 


The  President  of  the  United  States  of  America,  Albert  Gallatin, 
their  Envoy  Extraordinary  and  INIinister  Plenipotentiary  to  His 
Britannick  Majesty ; and  His  Majesty  the  King  of  the  United  King- 
dom of  Great  Britain  and  Ireland,  the  Right  Honourable  Charles 
Grant,  a member  of  his  said  Majesty’s  Most  Honourable  Privy  Coun- 
cil, a member  of  Parliament,  and  Vice-President  of  the  Committee  of 
Privy  Council  for  Affairs  of  Trade  and  Foreign  Plantations;  and 
Henry  Unwin  Addington,  Esquire: 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers,  found  to  be  in  due  and  proper  form,  have  agreed  upon  and 
concluded  the  following  articles: 

Article  L 

All  the  provisions  of  the  third  article  of  the  convention  concluded 
between  the  United  States  of  America  and  His  Majesty  the  King  of 
the  United  Kingdom  of  Great  Britain  and  Ireland  on  the  twentieth 
of  October,  1818,  shall  be,  and  they  are  hereby,  further  indefinitely 
extended  and  continued  in  force,  in  the  same  manner  as  if  all  the 
provisions  of  the  said  article  were  herein  specifically  recited. 

Article  II. 

It  shall  be  competent,  however,  to  either  of  the  contracting  parties, 
in  case  either  should  think  fit,  at  any  time  after  the  twentieth  of 
October,  1828,  on  giving  due  notice  of  twelve  months  to  the  other 
contracting  party,  to  annul  and  abrogate  this  convention : and  it 
shall,  in  such  case,  be  accordingly  entirely  annulled  and  abrogated, 
after  the  expiration  of  the  said  term  of  notice. 

Article  III. 

Nothing  contained  in  this  convention,  or  in  the  third  article  of  the 
convention  of  the  twentieth  of  October,  1818,  hereby  continued  in 
force,  shall  be  construed  to  impair,  or  in  any  manner  affect,  the 
claims  which  either  of  the  contracting  parties  may  have  to  any  part 
of  the  country  westward  of  the  Stoney  or  Rocky  ^Mountains. 

Article  IV. 

The  present  convention  shall  be  ratified,  and  the  ratifications  shall 
be  exchanged  in  nine  months,  or  sooner  if  possible. 

It  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
the  same,  and  have  affixed  thereto  the  seals  of  their  arms. 

Done  at  London  the  sixth  day  of  August,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  twenty-seven. 

[seal.]  Albert  Gallatin. 

[seal.]  Cha.  Grant. 

[seal.]  Henry  Unwin  Addington. 


The  boundary  from  the  Rocky  Mountains  to  the  Pacific  Coast  was  agreed  to 
by  the  treaty  of  1846. 


GEEAT  BEITAIN ^1827. 


645 


1827. 

Commercial  Convention. 

Concluded  August  6, 1827 ; rati-fication  advised  Ijy  the  Senate  January 

9,  1828;  rati-fied  hy  the  President  January  12^  1828;  ratifications 

exchanged  ApHl  2^  1828;  'proclaimed.  May  15^  1828. 

Articles. 

I.  Commercial  convention  continued  I III.  Ratification. 

II.  Duration.  1 

The  United  States  of  America,  and  His  Majesty  the  King  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  being  desirous  of  con- 
tinuing in  force  the  existing  commercial  regulations  between  the  two 
Countries,  which  are  contained  in  the  Convention  concluded  between 
Them  on  the  Third  of  July  1816,  and  further  renewed  by  the  Fourth 
Article  of  the  Convention  of  the  Twentieth  of  October  1818, — have, 
for  that  purpose,  named  Their  respective  Plenipotentiaries,  that  is 
to  say : 

The  President  of  the  United  States  of  America,  Albert  Gallatin, 
their  Envoy  Extraordinary  and  Minister  Plenipotentiary  to  His  Bri- 
tannick  Majesty : 

And  his  Majesty  The  King  of  the  United  Kingdom  of  Great 
Britain  and  Ireland,  The  Right  Honourable  Charles  Grant,  a Mem- 
ber of  His  said  Majesty’s  Most  Honourable  Privy  Council,  a Mem- 
ber of  Parliament,  and  Vice  President  of  the  Committee  of  Privy 
Council  for  Affairs  of  Trade  and  Foreign  Plantations; — and  Henry 
Unwin  Addington,  Esquire: — 

MTio,  after  having  communicated  to  each  other  their  respective  Full 
Powers,  found  to  be  in  due  and  proper  form,  have  agreed  upon  and 
concluded  the  following  Articles:— 

Article  I. 

All  the  Provisions  of  the  Convention  concluded  between  the  United 
States  of  America,  and  His  Majesty  The  King  of  the  United  Kingdom 
of  Great  Britain  and  Ireland,  on  the  Third  of  July  1815,  and  further 
continued  for  the  term  of  ten  Years  by  the  fourth  Article  of  the  Con- 
vention of  the  Twentieth  of  October  i818,  with  the  exception  therein 
contained,  as  to  S‘  Helena,  are  hereby  further  indefinitely,  and  with- 
out the  said  exception,  extended  and  continued  in  force,  from  the  date 
of  the  expiration  of  the  said  ten  Years,  in  the  same  manner  as  if  all 
the  Provisions  of  the  said  Convention  of  the  Third  of  July  1815,  were 
herein  specifically  recited. 

Article  II. 

It  shall  be  competent,  however,  to  either  of  the  Contracting  Parties, 
in  case  either  should  think  fit,  at  any  time  after  the  expiration  of  the 
said  ten  years, — that  is,  after  the  Twentieth  of  October,  1828, — on 
giving  due  notice  of  twelve  months  to  the  other  Contracting  Party, 
to  annul  and  abrogate  this  Convention: — and  it  shall,  in  such  case, 


646 


TREATIES,  CONVENTIONS,  ETC. 


be  accordingly  entirely  annulled  and  abrogated,  after  the  expiration 
of  the  said  term  of  notice. 

Article  III. 

The  present  Convention  shall  be  ratified,  and  the  Ratifications  shall 
be  exchanged  in  Nine  Months,  or  sooner  if  possible. 

In  Witness  whereof,  the  respective  Plenipotentiaries  have  signed  the 
same,  and  have  affixed  thereto  the  Seals  of  their  Arms. — 

Done  at  London  the  Sixth  day  of  August,  in  the  Year  of  Our  Lord 
One  Thousand  Eight  Hundred  and  Twenty-Seven. 

[seal.]  Albert  Gallatin 
[seal.]  Cha.  Grant. 

[seal.]  Henry  Unwin  Addington. 


1827. 

Convention  Providing  for  the  Subjiission  to  Arbitration  the 
Dispute  Concerning  the  Northeastern  Boundary. 


Conclvded  Septemher  £9,  1827;  ratification  advised  hy  the  Senate 
Jana  ary  i4, 1828;  ratified  hy  the  President  Fehriuu'y  12^  1828;  rati- 
fications exchanged  ApHl  2^  1828;  proclaimed  May  15, 1828. 


I.  Reference  of  difficnlties. 

II.  Statement  of  respective  cases. 

III.  Evidence. 

IV.  Maps. 


Articles. 

V.  Delivery  of  statement. 

VI.  Procedure. 

VII.  Decision. 

VIII.  Ratification. 


AVhereas  it  is  provided  by  the  fifth  article  of  the  treaty  of  Ghent, 
that,  in  case  the  Commissioners  appointed  under  that  article,  for  the 
settlement  of  the  boundary  line  therein  described,  should  not  be  able 
to  agree  upon  such  boundary  line,  the  report  or  reports  of  those  Com- 
missioners, stating  the  points  on  which  they  had  differed,  should  be 
submitted  to  some  friendly  Sovereign  or  State,  and  that  the  decision 
given  by  such  Sovereign  or  State,  on  such  points  of  difference,  should 
be  considered  by  the  contracting  parties  as  final  and  conclusive:  That 
case  having  now  arisen,  and  it  having,  therefore,  become  expedient  to 
proceed  to  and  regulate  the  reference  as  above  described,  the  United 
States  of  America  and  His  Majesty  the  King  of  the  United  Kingdom 
of  Great  Britain  and  Ireland  have,  for  that  purpose,  named  their 
Plenipotentiaries,  that  is  to  say: 

The  President  of  the  United  States  has  appointed  Albert  Gallatin, 
their  Envoy  Extraordinary  and  Minister  Plenipotentiary  at  the 
Court  of  His  Britannick  Majesty;  and  His  said  Majesty,  on  his  part, 
has  appointed  the  Right  Honourable  Charles  Grant,  a member  of 
Parliament,  a member  of  His  said  Majesty’s  Most  Honourable  Privy 
Council,  and  President  of  the  Committee  of  the  Privy  Council  for 
Affairs  of  Trade  and  Foreign  Plantations,  and  Henry  Unwin  Adding- 
ton, Esquire; 


GREAT  BRITAIN 1827. 


647 


AVho,  after  having  exchanged  their  respective  full  powers,  found 
to  be  in  due  and  proper  form,  have  agreed  to  and  concluded  the  fol- 
lowing articles: 

Article  I. 

It  is  agreed  that  the  points  of  difference  which  have  arisen  in  the 
settlement  of  the  boundary  between  the  American  and  British  domin- 
ions, as  described  in  the  5th  article  of  the  treaty  of  Ghent,  shall  be 
referred,  as  therein  provided,  to  some  friendly  Sovereign  or  State, 
who  shall  be  invited  to  investigate,  and  make  a decision  upon,  such 
points  of  difference. 

The  two  contracting  Powers  engage  to  proceed  in  concert,  to  the 
choice  of  such  friendly  Sovereign  or  State,  as  soon  as  the  ratifications 
of  this  convention  shall  have  been  exchanged,  and  to  use  their  best 
endeavours  to  obtain  a decision,  if  practicable,  within  two  years  after 
the  Arbiter  shall  have  signified  his  consent  to  act  as  such. 

0 

Article  II. 

The  reports  and  documents,  thereunto  annexed,  of  the  Commis- 
sioners appointed  to  carry  into  execution  the  5th  article  of  the  treaty 
of  Ghent,  being  so  voluminous  and  complicated  as  to  render  it  im- 
probable that  any  Sovereign  or  State  should  be  willing  or  able  to  un- 
dertake the  office  ofin  vestigating  and  arbitrating  upon  them, it  is  hereby 
agreed  to  substitute,  for  those  reports,  new  and  separate  statements 
of  the  respective  cases,  severally  drawn  up  by  each  of  the  contracting 
parties,  in  such  form  and  terms  as  each  may  think  fit. 

The  said  statements,  when  prepared,  shall  be  mutually  communi- 
cated to  each  other  by  the  contracting  parties,  that  is  to  say,  by  the 
United  States  to  His  Britannick  Majesty’s  Minister  or  Charge  d’Af- 
faires  at  Washington,  and  by  Great  Britain  to  the  Minister  or  Charge 
d’Affaires  of  the  United  States  at  London,  within  fifteen  months 
after  the  exchange  of  the  ratifications  of  the  present  convention. 

After  such  communication  shall  have  taken  place,  each  party  shall 
have  the  power  of  drawing  up  a second  and  definitive  statement,  if  it 
thinks  fit  so  to  do,  in  reply  to  the  statement  of  the  other  party,  so  com- 
municated, which  definitive  statements  shall  also  be  mutually  com- 
municated, in  the  same  manner  as  aforesaid,  to  each  other,  by  the 
contracting  parties,  within  twenty-one  months  after  the  exchange  of 
ratifications  of  the  present  convention. 

Article  III. 

Each  of  the  contracting  parties  shall,  within  nine  months  after  the 
exchange  of  ratifications  of  this  convention,  communicate  to  the  other, 
in  the  same  manner  as  aforesaid,  all  the  evidence  intended  to  be 
brought  in  support  of  its  claim,  beyond  that  which  is  contained  in  the 
reports  of  the  Commissioners,  or  papers  thereunto  annexed,  and  other 
written  documents  laid  before  the  Commission,  under  the  5th  article 
of  the  treaty  of  Ghent. 

Each  of  the  contracting  parties  shall  be  bound,  on  the  application  of 
the  other  party,  made  within  six  months  after  the  exchange  of  the 
ratifications  of  this  convention,  to  give  authentick  copies  of  such  indi- 


648 


TREATIES,  CONVEKTIONS,  ETC. 


vidually  specified  acts  of  a publick  nature,  relating  to  the  territory  in 
question,  intended  to  be  laid  as  evidence  before  the  Arbiter,  as  have 
been  issued  under  the  authority,  or  are  in  the  exclusive  possession,  of 
each  party. 

No  maps,  surveys,  or  topographical  evidence  of  any  description, 
shall  be  adduced  by  either  party,  be5mnd  that  v?hich  is  hereinafter 
stipulated,  nor  shall  any  fresh  evidence  of  any  description  be  adduced 
or  adverted  to,  by  either  party,  other  than  that  mutually  communi- 
cated or  applied  for  as  aforesaid. 

Each  party  shall  have  full  power  to  incorporate  in,  or  annex  to, 
either  its  first  or  second  statement,  any  portion  of  the  reports  of  the 
Commissioners,  or  papers  thereunto  annexed,  and  other  written  docu- 
ments laid  before  the  Commission  under  the  5th  article  of  the  treaty 
of  Ghent,  or  of  the  other  evidence  mutually  communicated  or  applied 
for  as  above  provided,  which  it  may  think  fit. 

Article  IV. 

The  map  called  Mitchell’s  map,  by  which  the  framers  of  the  treaty 
of  1783  are  acknowledged  to  have  regulated  their  joint  and  official 
proceedings,  and  the  map  A,  which  has  been  agreed  on  by  the  con- 
tracting parties,  as  a delineation  of  the  water-courses,  and  of  the 
boundary  lines  in  reference  to  the  said  water-courses,  as  contended  for 
by  each  party  respectively,  and  which  has  accordingly  been  signed 
by  the  above-named  Plenipotentiaries,  at  the  same  time  with  this  con- 
vention, shall  be  annexed  to  the  statements  of  the  contracting  parties, 
and  be  the  only  maps  that  shall  be  considered  as  evidence,  mutually 
acknowledged  by  the  contracting  parties,  of  the  topography  of  the 
country. 

It  shall,  however,  be  lawful  for  either  party  to  annex  to  its  respec- 
tive first  statement,  for  the  purposes  of  general  illustration,  any  of 
the  maps,  surveys,  or  topographical  delineations,  which  were  filed  by 
the  Commissioners  under  the  5th  article  of  the  treaty  of  Ghent,  any 
engraved  map  heretofore  published,  and  also  a transcript  of  the 
above-mentioned  map  A,  or  of  a section  thereof,  in  which  transcript 
each  party  may  lay  down  the  highlands,  or  other  features  of  the 
country,  as  it  shall  think  fit;  the  water  courses  and  the  boundry  lines, 
as  claimed  by  each  party,  remaining  as  laid  down  in  the  said  map  A. 

But  this  transcript,  as  well  as  all  the  other  maps,  surveys,  or  topo- 
graphical delineations,  other  than  the  map  A,  and  Mitchell’s  map,  in- 
tended to  be  thus  annexed,  by  either  party,  to  the  respective  state- 
ments, shall  be  communicated  to  the  other  party,  in  the  same  manner 
as  aforesaid,  within  nine  months  after  the  exchange  of  the  ratifica- 
tions of  this  convention,  and  shall  be  subject  to  such  objections  and 
observations  as  the  other  contracting  party  may  deem  it  expedient  to 
make  thereto,  and  shall  annex  to  his  first  statement,  either  in  the  mar- 
gin of  such  transcript,  map  or  maps,  or  otherwise. 

Article  V. 

All  the  statements,  papers,  maps,  and  documents,  above  mentioned, 
and  which  sliall  have  been  mutually  communicated  as  aforesaid,  sliall, 


GREAT  BRITAIN ^1827. 


649 


without  any  addition,  subtraction,  or  alteration,  whatsoever,  be 
jointly  and  simultaneously  delivered  in  to  the  arbitrating  Sovereign 
or  State  within  two  years  after  the  exchange  of  ratifications  of  this 
convention,  unless  the  Arbiter  should  not,  within  that  time,  have  con- 
sented to  act  as  such;  in  which  case  all  the  said  statements,  papers, 
maps,  and  documents  shall  be  laid  before  him  within  six  months  after 
the  time  when  he  shall  have  consented  so  to  act.  No  other  statements, 
papers,  maps,  or  documents  shall  ever  be  laid  before  the  Arbiter, 
except  as  hereinafter  provided. 


Article  VI. 

In  order  to  facilitate  the  attainment  of  a just  and  sound  decision  on 
the  part  of  the  Arbiter,  it  is  agreed  that,  in  case  the  said  Arbiter 
should  desire  further  elucidation  or  evidence  in  regard  to  any  spe- 
cifick  point  contained  in  any  of  the  said  statements  submitted  to  him, 
the  requisition  for  such  elucidation  or  evidence  shall  be  simultane- 
ously made  to  both  parties,  who  shall  thereupon  be  permitted  to 
bring  further  evidence,  if  required,  and  to  make,  each,  a written 
reply  to  the  specifick  questions  submitted  by  the  said  Arbiter,  but  no 
further ; and  such  evidence  and  replies  shall  be  immediately  commu- 
nicated by  each  party  to  the  other. 

And  in  case  the  Arbiter  should  find  the  topographical  evidence,  laid 
as  aforesaid  before  him,  insufficient  for  the  purposes  of  a sound  and 
just  decision,  he  shall  have  the  power  of  ordering  additional  surveys 
to  be  made  of  any  portions  of  the  disputed  boundary  line  or  territory, 
as  he  may  think  fit;  which  surveys  shall  be  made  at  the  joint  expense 
of  the  contracting  parties,  and  be  considered  as  conclusive  by  them. 


Article  VII. 

The  decision  of  the  Arbiter,  when  given,  shall  be  taken  as  final  and 
conclusive;  and  it  shall  be  carried,  without  reserve,  into  im.mediate 
effect,  by  Commissioners  appointed  for  that  purpose  by  the  contract- 
ing parties. 

Article  VIII. 


This  convention  shall  be  ratified,  and  the  ratifications  shall  be  ex- 
changed in  nine  months  from  the  date  hereof,  or  sooner  if  possible. 

In  witness  whereof,  we,  the  respective  Plenipotentiaries,  have 
signed  the  same,  and  have  affixed  thereto  the  seals  of  our  arms. 

Done  at  London  the  twenty-ninth  day  of  September,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  twenty-seven. 


SEAL. 

SEAL. 

SEAL. 


Albert  Gallatin. 

Cha.  Grant. 

Henry  Unwin  Addington. 


On  January  10,  1831,  the  King  of  the  Netherlands  submitted  an  award  which 
was  not  accepted  by  either  Government.  The  boundary  was  finally  determined 
by  the  convention  of  August  9,  1842. 


650 


TREATIES,  CONVENTIONS,  ETC. 

1842. 

Convention  as  to  Boundaries,  Suppression  of  Slave  Trade,  and 

Extradition.® 


(WEBSTBR-ASHBURTON  TREATY.) 

Concluded  August  9, 18If2;  ratification  advised  hy  the  Senate  August 
20,  18Jf2;  ratified  hy  the  President  August  22,  18Jf2 ; ratifications 
exchanged  October  13, 18Jf2 ; froclaimed  November  10, 181^2. 

Articles. 


I.  Northeastern  boundary  agreed  to. 

II.  Northern  boundary,  Lake  Huron 
to  Lake  of  the  Woods. 

III.  Navigation  of  St.  John  River. 

IV.  Confirmation  of  prior  land  grants. 

V.  Distribution  of  “ Disputed  terri- 
tory fund.” 

VI.  Commission  to  mark  northeastern 
boundary  line. 


VII.  Channels  open  to  both  parties. 

VIII.  Suppression  of  slave  trade. 

IX.  Remonstrances  with  other  pow- 
ers. 

X.  Extradition  of  fugitives  from 
justice. 

XI.  Duration. 

XII.  Ratification. 


Whereas  certain  portions  of  the  line  of  boundary  between  the 
United  States  of  America  and  the  British  dominions  of  North  Amer- 
ica, described  in  the  second  article  of  the  treaty  of  peace  of  1783,  have 
not  yet  been  ascertained  and  determined,  notwithstanding  the  re- 
peated attempts  which  have  been  heretofore  made  for  that  purpose; 
and  whereas  it  is  now  thought  to  be  for  the  interest  of  both  parties, 
that,  avoiding  further  discussion  of  their  respective  rights,  arising 
in  this  respect  under  the  said  treaty,  they  should  agree  on  a conven- 
tional line  in  said  portions  of  the  said  boundary,  such  as  may  be  con- 
venient to  both  parties,  with  such  equivalents  and  compensations  as 
are  deemed  just  and  reasonable;  and  whereas,  by  the  treaty  concluded 
at  Ghent  on  the  24th  day  of  December,  1814,  between  the  United 
States  and  His  Britannic  Majesty,  an  article  was  agreed  to  and  in- 
serted of  the  following  tenor,  vizt:  “Art.  10.  Whereas  the  traffic  in 
slaves  is  irreconcilable  with  the  principles  of  humanity  and  justice: 
and  whereas  both  His  Majesty  and  the  United  States  are  desirous  of 
continuing  their  efforts  to  promote  its  entire  abolition,  it  is  hereby 
agreed  that  both  the  contracting  parties  shall  use  their  best  endeav- 


® Federal  cases:  In  re  Kaine  (14  How.,  10.3),  U.  S.  v.  Rauscher  (119  U.  S., 
407),  Bryant  v.  U.  S.  (167  U.  S.,  104),  In  re  Kelly  (2  Lowell,  339),  In  re  Dugau 
(2  Lowell,  367),  Ex  parte  Ross  (2  Bond,  252),  The  British  Prisoners  (1  Wood. 
& M.,  60),  Ex  parte  Kaine  (3  Blatch.,  1),  Ex  parte  Van  Aernam  (3  Blatch.,  160), 
U.  S.  V.  Caldwell  (8  Blatch.,  131),  In  re  MacDonnell  (11  Blatch.,  79,  170), 
U.  S.  V.  Lawrence  (13  Blatch.,  295),  In  re  Fowler  (4  Fed.  Rep.,  303),  Ex  parte 
Lane  (6  Fed.  Rep.,  34),  U.  S.  v.  Watts  (14  Fed.  Rep.,  130),  In  re  Wadge  (15  Fed. 
Rep.,  864 : 16  Fed.  Rep.,  332),  In  re  Tully  (20  Fed.  Rep.,  812),  In  re  Miller  (23  Fed. 
Rep.,  32),  In  re  Kelley  (25  Fed.  Rep.,  268;  26  Fed.  Rep.,  8.52),  Ex  parte  Hibbs 
(26  Fed.  Rep.,  421),  In  re  Ferrelle  (28  Fed.  Rep.,  878),  In  re  McPhun  (30  Fed. 
Rep.,  57),  In  re  Fergus  (30  Fed.  Rep.,  607),  In  re  Herres  (33  Fed.  Rep.,  165),  In 
re  Charleston  (34  Fed.  Rep.,  531),  In  re  Reinitz  (39  Fed.  Rep.,  204),  In  re  Cross 
(43  Fed.  Rep.,  517),  In  re  Miiieau  (45  Fed.  Rep.,  188),  Hall  v.  Patterson  (45 
Fed.  Rep.,  352),  In  re  Carrier  (57  Fed.  Rep.,  578),  In  re  Sternaman  (77  Fed. 
Rep.,  ,595;  80  Federal.  883;  83  Federal,  690),  In  re  Newman  (79  Fed.  Rep.,  622), 
In  re  Bryant  (80  Fed.  Rep.,  282),  In  re  Ori)eu  (86  Fed.  Rep.  760),  Cohn  v. 
Jones  (100  Fed.  Rep.,  639),  In  re  Hersko\itz  (136  Fed.  Rep.,  713). 


GREAT  BRITAIN — 1842. 


651 


ors  to  accomplish  so  desirable  an  object;  ” and  whereas,  notwithstand- 
ing the  laws  which  have  at  various  times  been  passed  by  the  two 
Governments,  and  the  efFoits  made  to  suppress  it,  that  criminal  traffic 
is  still  prosecuted  and  carried  on ; and  whereas  the  United  States  of 
America  and  Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great 
Britain  and  Ireland  are  determined  that,  so  far  as  may  be  in  their 
power,  it  shall  be  effectually  abolished ; and  whereas  it  is  found  expe- 
dient, for  the  better  administration  of  justice  and  the  prevention  of 
crime  within  the  territories  and  jurisdiction  of  the  two  parties  re- 
spectively, that  persons  committing  the  crimes  hereinafter  enu- 
merated, and  being  fugitives  from  justice,  should,  under  certain  cir- 
cmnstances,  be  reciprocally  delivered  up:  The  United  States  of 
America  and  Her  Britannic  Majesty,  having  resolved  to  treat  on  these 
several  subjects,  have  for  that  purpose  appointed  their  respective 
Plenipotentiaries  to  negotiate  and  conclude  a treaty,  that  is  to  say: 

The  President  of  the  United  States  has,  on  his  part,  furnished  with 
full  powers  Daniel  Webster,  Secretary  of  State  of  the  United  States, 
and  Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain 
and  Ireland  has,  on  her  part,  appointed  the  Eight  Honorable  Alex- 
ander Lord  Ashburton,  a peer  of  the  said  United  Kingdom,  a mem- 
ber of  Her  Majesty's  Most  Honorable  Privy  Council,  and  Her  Maj- 
esty’s Minister  Plenipotentiary  on  a special  mission  to  the  United 
States; 

Who,  after  a reciprocal  communication  of  their  respective  full 
powers,  have  agreed  to  and  signed  the  following  articles : 

Article  I. 

It  is  hereby  agi’eed  and  declared  that  the  line  of  boundary  shall  be 
as  follows : Beginning  at  the  monument  at  the  source  of  the  river  St. 
Croix  as  designated  and  agreed  to  by  the  Commissioners  under  the 
fifth  article  of  the  treaty  of  1794,  between  the  Governments  of  the 
United  States  and  Great  Britain ; thence,  north,  following  the  ex- 
ploring line  run  and  marked  by  the  suiweyors  of  the  two  Governments 
in  the  years  1817  and  1818,  under  the  fifth  article  of  the  treat3'^  of 
Ghent,  to  its  intersection  Avith  the  river  St.  John,  and  to  the  middle 
of  the  channel  thereof ; thence,  up  the  middle  of  the  main  channel  of 
the  said  river  St.  John,  to  the  mouth  of  the  river  St.  Francis;  thence, 
up  the  middle  of  the  channel  of  the  said  river  St.  Francis,  and  of  the 
lakes  through  which  it  flows,  to  the  outlet  of  the  Lake  Pohenaga- 
mook;  thence,  southwesterly,  in  a straight  line,  to  a point  on  the 
northwest  branch  of  the  river  St.  John,  which  point  shall  be  ten 
miles  distant  from  the  main  branch  of  the  St.  John,  in  a straight 
line,  and  in  the  nearest  direction ; but  if  the  said  point  shall  be  found 
to  be  less  than  seven  miles  from  the  nearest  point  of  the  summit  or 
crest  of  the  highlands  that  divide  those  rivers  Avhich  empty  them- 
selves into  the  river  Saint  LaAvrence  from  those  which  fall  into  the 
river  Saint  John,  then  the  said  point  shall  be  made  to  recede  down 
the  said  northwest  branch  of  the  river  St.  John,  to  a point  seven 
miles  in  a straight  line  from  the  said  summit  or  crest;  thence,  in  a 
straight  line,  in  a course  about  south,  eight  degrees  west,  to  the  point 
where  the  parallel  of  latitude  of  46°  25'  north  intersects  the  southwest 
branch  of  the  St.  John’s;  thence,  southerly,  by  the  said  branch,  to  the 


652 


TBEATIES,  CONVENTIONS,  ETC. 


source  thereof  in  the  highlands  at  the  Metjarmette  portage;  thence, 
down  along  the  said  highlands  which  divide  the  waters  which  empty 
themselves  into  the  river  Saint  Lawrence  from  those  which  fall  into 
the  Atlantic  Ocean,  to  the  head  of  Hall’s  Stream;  thence,  down  the 
middle  of  said  stream,  till  the  line  thus  run  intersects  the  old  line  of 
boundary  surveyed  and  marked  by  Valentine  and  Collins,  previously 
to  the  year  1774,  as  the  45th  degree  of  north  latitude,  and  which  has 
been  known  and  understood  to  be  the  line  of  actual  division  between 
the  States  of  New  York  and  Vermont  on  one  side,  and  the  British 
province  of  Canada  on  the  other ; and  from  said  point  of  intersection, 
west,  along  the  said  dividing  line,  as  heretofore  known  and  under- 
stood, to  the  Iroquois  or  St.  Lawrence  River. 

Article  II. 

It  is  moreover  agreed,  that  from  the  place  where  the  joint  Commis- 
sioners terminated  their  labors  under  the  sixth  article  of  the  treaty 
of  Ghent,  to  wit,  at  a point  in  the  Neebish  Channel,  near  Muddy 
Lake,  the  line  shall  run  into  and  along  the  ship-channel  between 
Saint  Joseph  and  St.  Tammany  Islands,  to  the  division  of  the  chan- 
nel at  or  near  the  head  of  St.  Joseph’s  Island ; thence,  turning  east- 
wardly  and  northwardly  around  the  lower  end  of  St.  George’s  or 
Sugar  Island,  and  following  the  middle  of  the  channel  which  divides 
St.  George’s  from  St.  Joseph’s  Island;  thence  up  the  east  Neebish 
Channel,  nearest  to  St.  George’s  Island,  through  the  middle  of  Lake 
George;  thence,  west  of  Jonas’  Island,  into  St.  Mary’s  River,  to  a 
point  in  the  middle  of  that  river,  about  one  mile  above  St.  George’s 
or  Sugar  Island,  so  as  to  appropriate  and  assign  the  said  island  to  the 
United  States;  thence,  adopting  the  line  traced  on  the  maps  by  the 
Commissioners,  thro’  the  river  St.  Mary  and  Lake  Superior,  to  a 
point  north  of  He  Royale,  in  said  lake,  one  hundred  yards  to  the 
north  and  east  of  He  Chapeau,  which  last-mentioned  island  lies  near 
the  northeastern  point  of  He  Royale,  where  the  line  marked  by  the 
Commissioners  terminates ; and  from  the  last-mentioned  point,  south- 
westerly, through  the  middle  of  the  sound  between  He  Royale  and 
the  northwestern  main  land,  to  the  mouth  of  Pigeon  River,  and  up 
the  said  river,  to  and  through  the  north  and  south  Fowl  Lakes,  to  the 
lakes  of  the  height  of  land  between  Lake  Superior  and  the  Lake  of 
the  Woods;  thence,  along  the  water  communication  to  Lake  Saisagi- 
naga,  and  through  that  lake;  thence,  to  and  through  Cypress  Lake, 
Lac  du  Bois  Blanc,  Lac  la  Croix,  Little  Vermillion  Lake,  and  Lake 
Namecan  and  through  the  several  smaller  lakes,  straits,  or  streams, 
connecting  the  lakes  here  mentioned,  to  that  point  in  Lac  la  Pluie,  or 
Rainy  Lake,  at  the  Chaudiere  Falls,  from  which  the  Commissioners 
traced  the  line  to  the  most  northwestern  point  of  the  Lake  of  the 
Woods;  thence,  along  the  said  line,  to  the  said  most  northwestern 
point,  being  in  latitude  49°  23'  65"  north,  and  in  longitude  95°  14' 
38"  west  from  the  observatory  at  Greenwich;  thence,  according  to 
existing  treaties,  due  south  to  its  intersection  with  the  49th  parallel 
of  north  latitude,  and  along  that  parallel  to  the  Rocky  Mountains. 
It  being  understood  that  all  the  water  communications  and  all  the 
usual  portages  along  the  line  from  Lake  Superior  to  the  Lake  of  the 


GREAT  BRITAIN — ^1842. 


653 


Woods,  and  also  Grand  Portage,  from  the  shore  of  Lake  Superior  to 
the  Pigeon  River,  as  now  actually  used,  shall  be  free  and  open  to  the 
use  of  the  citizens  and  subjects  of  both  countries. 

Articbe  III. 

In  order  to  promote  the  interests  and  encourage  the  industry  of  all 
the  inhabitants  of  the  countries  watered  by  the  river  St.  John  and 
its  tributaries,  whether  living  within  the  State  of  Maine  or  the  prov- 
ince of  New  Brunswick,  it  is  agreed  that,  where,  by  the  provisions  of 
the  present  treaty,  the  river  St.  John  is  declared  to  be  the  line  of 
boundary,  the  navigation  of  the  said  river  shall  be  free  and  open  to 
both  parties,  and  shall  in  no  way  be  obstructed  by  either;  that  all 
the  produce  of  the  forest,  in  logs,  lumber,  timber,  boards,  staves,  or 
shingles,  or  of  agi’iculture,  not  being  manufactured,  grown  on  any  of 
those  parts  of  the  State  of  Maine  watered  by  the  river  St.  John,  or 
by  its  tributaries,  of  which  fact  reasonable  evidence  shall,  if  required, 
be  produced,  shall  have  free  access  into  and  through  the  said  river 
and  its  said  tributaries,  having  their  source  within  the  State  of 
Maine,  to  and  from  the  sea-port  at  the  mouth  of  the  said  river  St. 
John’s,  and  to  and  round  the  falls  of  the  said  river,  either  by  boats, 
rafts,  or  other  conveyance;  that  when  within  the  province  of  New 
Brunswick,  the  said  produce  shall  be  dealt  with  as  if  it  were  the  pro- 
duce of  the  said  province;  that,  in  like  manner,  the  inhabitants  of 
the  territory  of  the  upper  St.  John,  determined  by  this  treaty  to  be- 
long to  Her  Britannic  Majesty,  shall  have  free  access  to  and  through 
the  river,  for  their  produce,  in  those  parts  where  the  said  river  runs 
wholly  through  the  State  of  Maine ; Provided,  always,  that  this  agree- 
ment shall  give  no  right  to  either  party  to  interfere  with  any  regu- 
lations not  inconsistent  with  the  terms  of  this  treaty  which  the  gov- 
ernments, respectively,  of  Maine  or  of  New  Brunswick  may  make  re- 
specting the  navigation  of  the  said  river,  where  both  banks  thereof 
shall  belong  to  the  same  party. 

Article  IV. 

All  grants  of  land  heretofore  made  by  either  party,  within  the 
limits  of  the  territory  which  by  this  treaty  falls  within  the  dominions 
of  the  other  party,  shall  be  held  valid,  ratified,  and  confirmed  to  the 
persons  in  possession  under  such  grants,  to  the  same  extent  as  if  such 
territory  had  by  this  treaty  fallen  within  the  dominions  of  the  party 
by  whom  such  grants  were  made ; and  all  equitable  possessory  claims, 
arising  from  a possession  and  improvement  of  any  lot  or  parcel  of 
land  by  the  person  actually  in  possession,  or  by  those  under  whom 
such  person  claims,  for  more  than  six  years  before  the  date  of  this 
treaty,  shall,  in  like  manner,  be  deemed  valid,  and  be  confirmed  and 
quieted  by  a release  to  the  person  entitled  thereto,  of  the  title  to  such 
lot  or  parcel  of  land,  so  described  as  best  to  include  the  improve- 
ments made  thereon;  and  in  all  other  respects  the  two  contracting 
parties  agree  to  deal  upon  the  most  liberal  principles  of  equity  with 
the  settlers  actually  dwelling  upon  the  territory  falling  to  them, 
respectively,  which  has  heretofore  been  in  dispute  between  them. 


654 


TREATIES,  CONVENTIONS,  ETC. 
Article  V. 


Whereas  in  the  course  of  the  controversy  respecting  the  disputed 
territory  on  the  northeastern  boundary,  some  moneys  have  been  re- 
ceived by  the  authorities  of  Her  Britannic  Majesty’s  province  of 
New  Brunswick,  with  the  intention  of  preventing  depredations  on  the 
forests  of  the  said  territory,  which  moneys  were  to  be  carried  to  a 
fund  called  the  “ disputed  territory  fund,”  the  proceeds  whereof  it 
was  agreed  should  be  hereafter  paid  over  to  the  parties  interested,  in 
the  proportions  to  be  determined  by  a final  settlement  of  boundaries, 
it  is  hereby  agreed  that  a correct  account  of  all  receipts  and  pay- 
ments on  the  said  fund  shall  be  delivered  to  the  Government  of  the 
United  States  within  six  months  after  the  ratification  of  this  treaty; 
and  the  proportion  of  the  amount  due  thereon  to  the  States  of  IMaine 
and  Massachusetts,  and  any  bonds  or  securities  appertaining  thereto 
shall  be  paid  and  delivered  over  to  the  Government  of  the  United 
States ; and  the  Government  of  the  United  States  agrees  to  receive  for 
the  use  of,  and  pay  over  to,  the  States  of  Maine  and  Massachusetts, 
their  respective  portions  of  said  fund,  and  further,  to  pay  and  satisfy 
said  States,  respectively,  for  all  claims  for  expenses  incurred  by  them 
in  protecting  the  said  heretofore  disputed  territory  and  making  a 
survey  thereof  in  1838;  the  Government  of  the  United  States  agree- 
ing with  the  States  of  Maine  and  Massachusetts  to  pay  them  the 
further  sum  of  three  hundred  thousand  dollars,  in  equal  moieties,  on 
account  of  their  assent  to  the  line  of  boundary  described  in  this 
treaty,  and  in  consideration  of  the  conditions  and  equivalents  received 
therefor  from  the  Government  of  Her  Britannic  Majesty. 

Article  VI. 

It  is  furthermore  understood  and  agreed  that,  for  the  purpose  of 
running  and  tracing  those  parts  of  the  line  between  the  source  of 
the  St.  Croix  and  the  St.  Lawrence  River  which  will  require  to  be 
run  and  ascertained,  and  for  marking  the  residue  of  said  line  by 
proper  monuments  on  the  land,  two  Commissioners  shall  be  ap- 
pointed, one  by  the  President  of  the  United  States,  by  and  with  the 
advice  and  consent  of  the  Senate  thereof,  and  one  by  Her  Britannic 
Majesty;  and  the  said  Commissioners  shall  meet  at  Bangor,  in  the 
State  of  Maine,  on  the  first  day  of  May  next,  or  as  soon  thereafter  as 
may  be,  and  shall  proceed  to  mark  the  line  above  described,  from 
the  source  of  the  St.  Croix  to  the  river  St.  John ; and  shall  trace  on 
proper  maps  the  dividing-line  along  said  river  and  along  the  river 
St.  Francis  to  the  outlet  of  the  Lake  Pohenagamook ; and  from  the 
outlet  of  the  said  lake  they  shall  ascertain,  fix,  and  mark,  by  proper 
and  durable  monuments  on  the  land,  the  line  described  in  the  first 
article  of  this  treaty;  and  the  said  Commissioners  shall  make  to  each 
of  their  respective  Governments  a joint  report  or  declaration,  under 
their  hands  and  seals,  designating  such  line  of  boundary,  and  shall 
accompany  such  report  or  declaration  with  maps,  certified  by  them 
to  be  true  maps  of  the  new  boundary. 

Article  VII. 

It  is  further  agreed  that  the  channels  in  the  river  St.  Lawrence  on 
both  sides  of  the  Long  Sault  Islands  and  of  Barnhart  Island,  the 


GREAT  BRITAIN 1842. 


655 


channels  in  the  river  Detroit  on  both  sides  of  the  island  Bois  Blanc, 
and  between  that  island  and  both  the  American  and  Canadian  shores, 
and  all  the  several  channels  and  passages  between  the  various  islands 
lying  near  the  junction  of  the  river  St.  Clair  with  the  lake  of  that 
name,  shall  be  equally  free  and  open  to  the  ships,  vessels,  and  boats 
of  both  parties. 

Article  VIII.“ 

The  parties  mutually  stipulate  that  each  shall  prepare,  equip,  and 
maintain  in  service  on  the  coast  of  Africa  a sulRcient  and  adequate 
squadron  or  naval  force  of  vessels  of  suitable  numbers  and  descrip- 
tions, to  carry  in  all  not  less  than  eighty  guns,  to  enforce,  separately 
and  respectively,  the  laws,  rights,  and  obligations  of  each  of  the  two 
countries  for  the  suppression  of  the  slave-trade,  the  said  squadrons 
to  be  independent  of  each  other,  but  the  two  Governments  stipulat- 
ing, nevertheless,  to  give  such  orders  to  the  officers  commanding  their 
respective  forces  as  shall  enable  them  most  effectively  to  act  in  con- 
cert and  co-operation,  upon  mutual  consultation,  as  exigencies  may 
arise,  for  the  attainment  of  the  true  object  of  this  article,  copies  of 
all  such  orders  to  be  communicated  by  each  Government  to  the  other, 
respectively 

Article  IX. 

Whereas,  notwithstanding  all  efforts  which  may  be  made  on  the 
coast  of  Africa  for  suppressing  the  slave-trade,  the  facilities  for 
carrying  on  that  traffic  and  avoiding  the  vigilance  of  cruisers,  by  the 
fraudulent  use  of  flags  and  other  means,  are  so  great,  and  the  tempta- 
tions for  pursuing  it,  while  a market  can  be  found  for  slaves,  so  strong, 
as  that  the  desired  result  may  be  long  delayed  unless  all  markets  be 
shut  against  the  purchase  of  African  negroes,  the  parties  to  this 
treaty  agree  that  they  will  unite  in  all  becoming  representations  and 
remonstrances  with  any  and  all  Powers  within  whose  dominions  such 
markets  are  allowed  to  exist,  and  that  they  will  urge  upon  all  such 
Powers  the  propriety  and  duty  of  closing  such  markets  effectually, 
at  once  and  forever. 

Article  X.* *" 

It  is  agreed  that  the  United  States  and  Her  Britannic  Majesty 
shall,  upon  mutual  requisitions  by  them,  or  their  Ministers,  officers, 
or  authorities,  respectively  made,  deliver  up  to  justice  all  persons 
who,  being  charged  with  the  crime  of  murder,  or  assault  with  intent 
to  commit  murder,  or  piracy,  or  arson,  or  robbery,  or  forgery,  or  the 
utterance  of  forged  paper,  committed  within  the  jurisdiction  of 
either,  shall  seek  an  asylum  or  shall  be  found  within  the  territories  of 
the  other : Provided,  that  this  shall  only  be  done  upon  such  evidence 
of  criminality  as,  according  to  the  laws  of  the  place  where  the  fugi- 
tive or  person  so  charged  shall  be  found,  would  justify  his  apprehen- 
sion and  commitment  for  trial  if  the  crime  or  offence  had  there  been 
committed;  and  the  respective  judges  and  other  magistrates  of  the 
two  Governments  shall  have  power,  jurisdiction,  and  authority,  upon 


® See  Treaties  of  1862,  IS6.3,  1870,  and  General  Act  of  July  2,  1890,  p.  1964. 

* See  convention  of  1889,  p.  740. 


656 


TBEATIES,  CONVENTIONS,  ETC. 


complaint  made  under  oath,  to  issue  a warrant  for  the  apprehension 
of  the  fugitive  or  person  so  charged,  that  he  may  be  brought  before 
such  judges  or  other  magistrates,  respectively,  to  the  end  that  the  evi- 
dence of  criminality  may  be  heard  and  considered;  and  if,  on  such 
hearing,  the  evidence  be  deemed  sufficient  to  sustain  the  charge,  it 
shall  be  the  duty  of  the  examining  judge  or  magistrate  to  certify  the 
same  to  the  proper  executive  authority,  that  a warrant  may  issue 
for  the  surrender  of  such  fugitive.  The  expense  of  such  apprehen- 
sion and  delivery  shall  be  borne  and  defrayed  by  the  party  who  makes 
the  requisition  and  receives  the  fugitive. 

Akticle  XI. 

The  eighth  article  of  this  treaty  shall  be  in  force  for  five  years  from 
the  date  of  the  exchange  of  the  ratifications,  and  afterwards  until 
one  or  the  other  party  shall  signify  a wish  to  terminate  it.  The  tenth 
article  shall  continue  in  force  until  one  or  the  other  of  the  parties 
shall  signify  its  wish  to  terminate  it,  and  no  longer. 

Article  XII. 

• The  present  treaty  shall  be  duly  ratified,  and  the  mutual  exchange 
of  ratifications  shall  take  place  in  London,  within  six  months  from 
the  date  hereof,  or  earlier  if  possible. 

In  faith  whereof  we,  the  respective  Plenipotentiaries,  have  signed 
this  treaty  and  have  hereunto  affixed  our  seals. 

Done  in  duplicate  at  Washington,  the  ninth  day  of  August,  anno 
Domini  one  thousand  eight  hundred  and  forty-two. 

[seal.]  Danl.  Webster, 

[seal.]  Ashburton. 


1846.“ 

Treaty  Establishing  Boundary  West  of  the  Rocky  Mountains. 


Concluded  June  15,  ISlfi;  rati-fication  advised  hy  the  Senate  June  18, 
181^6;  ratif,ed  hy  the  President  June  19,  1846;  ratifications  ex- 
changed July  17, 1846;  proclaimed  August  5,  1846. 


Articles. 


I.  Boundary  established;  free  navi- 
gation. 

II.  Navigation  of  Columbia  River. 

III.  Property  rights. 


IV.  Property  of  Puget’s  Sound  Agricul- 
tural Company. 

V.  Ratification. 


The  United  States  of  America  and  Her  Majesty  the  Queen  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  deeming  it  to  be  de- 
sirable for  the  future  welfare  of  both  countries  that  the  state  of  doubt 
and  uncertainty  which  has  hitherto  prevailed  respecting  the  sover- 
eignty and  government  of  the  territory  on  the  northwest  coast  of 
America,  lying  westward  of  the  Rocky  or  Stony  Mountains,  should 


“Federal  Cases:  McKay  r.  Canipbeli  (2  Sawy.,  llS)  ; Town  v,  DeHaveu 
(6  Sawyer,  146). 


GBEAT  BKITAIN 1846. 


657 


be  finally  terminated  by  an  amicable  compromise  of  the  rights  mutually 
asserted  by  the  two  parties  over  the  said  territory,  have  respectively 
named  Plenipotentiaries  to  treat  and  agree  concerning  the  terms  of 
such  settlement,  that  is  to  say: 

The  President  of  the  United  States  of  America  has,  on  his  part, 
furnished  with  full  powers  James  Buchanan,  Secretary  of  State  of 
the  United  States,  and  Her  Majesty  the  Queen  of  the  United  King- 
dom of  Great  Britain  and  Ireland  has,  on  her  part,  appointed  the 
Right  Honorable  Richard  Pakenham,  a member  of  Her  Majesty’s 
Most  Honorable  Privy  Council,  and  Her  Majesty’s  Envoy  Extraordi- 
nary and  Minister  Plenipotentiary  to  the  United  States; 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers,  found  in  good  and  due  form,  have  agreed  upon  and  concluded 
the  following  articles: 

Article  I. 

From  the  point  on  the  forty-ninth  parallel  of  north  latitude,  where 
the  boundary  laid  down  in  existing  treaties  and  conventions  between 
the  United  States  and  Great  Britain  terminates,  the  line  of  boundary 
between  the  territories  of  the  United  States  and  those  of  Her  Britan- 
nic Majesty  shall  be  continued  westward  along  the  said  forty-ninth 
parallel  of  north  latitude  to  the  middle  of  the  channel  which  sepa- 
rates the  continent  from  Vancouver’s  Island;  and  thence  southerly 
through  the  middle  of  the  said  channel,  and  of  Fuca’s  Straits,  to  the 
Pacific  Ocean : Provided,  however,  that  the  navigation  of  the  whole 
of  the  said  channel  and  straits,  south  of  the  forty-ninth  parallel  of 
north  latitude,  remain  free  and  open  to  both  parties. 

Article  II. 

From  the  point  at  which  the  forty -ninth  parallel  of  north  latitude 
shall  be  found  to  intersect  the  great  northern  branch  of  the  Columbia 
River,  the  navigation  of  the  said  branch  shall  be  free  and  open  to  the 
Hudson’s  Bay  Company,  and  to  all  British  subjects  trading  with 
the  same,  to  the  point  where  the  said  branch  meets  the  main  stream  of 
the  Columbia,  and  thence  down  the  said  main  stream  to  the  ocean, 
with  free  access  into  and  through  the  said  river  or  rivers,  it  being 
understood  that  all  the  usual  portages  along  the  line  thus  described 
shall,  in  like  manner,  be  free  and  open.  In  navigating  the  said  river 
or  rivers,  British  subjects,  with  their  goods  and  produce,  shall  be 
treated  on  the  same  footing  as  citizens  or  the  United  States ; it  being, 
however,  always  understood  that  nothing  in  this  article  shall  be  con- 
strued as  preventing,  or  intended  to  prevent,  the  Government  of  the 
United  States  from  making  any  regulations  respecting  the  navigation 
of  the  said  river  or  rivers  not  inconsistent  with  the  present  treaty. 

Article  III. 

In  the  future  appropriation  of  the  territory  south  of  the  forty-ninth 
parallel  of  north  latitude,  as  provided  in  the  first  article  of  this 
treaty,  the  possessory  rights  of  the  Hudson’s  Bay  Company,  and  of 
all  British  subjects  who  may  be  already  in  the  occupation  of  land  or 
other  property  lawfully  acquired  within  the  said  territory,  shall  be 
respected. 

24449— VOL  1—10 42 


658 


TREATIES,  CONVENTIONS,  ETC. 

Article  IV. 


The  farms,  lands,  and  other  property  of  every  description  belonging 
to  the  Puget’s  Sound  Agricultural  Company,  on  the  north  side  of 
the  Columbia  River,  shall  be  confirmed  to  the  said  company.  In  case, 
however,  the  situation  of  those  farms  and  lands  should  be  considered 
by  the  United  States  to  be  of  public  and  political  importance,  and  the 
United  States  Government  should  signify  a desire  to  obtain  possession 
of  the  whole,  or  of  any  part  thereof,  the  property  so  required  shall  be 
transferred  to  the  said  Government,  at  a proper  valuation,  to  be  agreed 
upon  between  the  parties. 


Article  V. 

The  present  treaty  shall  be  ratified  by  the  President  of  the  United 
States,  by  and  with  the  advice  and  consent  of  the  Senate  thereof,  and 
by  Her  Britannic  Majesty;  and  the  ratifications  shall  be  exchanged  at 
London,  at  the  expiration  of  six  months  from  the  date  hereof,  or 
sooner  if  possible. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
same,  and  have  affixed  thereto  the  seals  of  their  arms. 

Done  at  Washington  the  fifteenth  day  of  June,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  forty-six. 

[seal.]  James  Buchanan. 

[seal.]  Richard  Pakenham. 


1870. 

Declaration  Approving  and  Adopting  the  Maps  Prepared  bt  the 
Joint  Commission  of  the  Northwest  Boundary  for  Surveying 
AND  Marking  the  Boundaries  between  the  British  Possessions 
AND  THE  United  States  along  the  49th  Parallel  of  North  Lati- 
tude, under  the  First  Article  of  the  Treaty  of  15th  June,  1846. 

Signed  at  Washington  February  2Jt.th,  1870. 

The  undersigned  Hamilton  Fish,  Secretary  of  State  of  the  United 
States,  and  Edward  Thornton,  Esquire,  Her  Britannic  Majesty's 
Envoy  Extraordinary  and  Minister  Plenipotentiary  to  the  United 
States,  duly  authorized  by  their  respective  Governments,  having  met 
together : 

The  set  of  maps,  seven  in  number,  which  have  been  prepared  by  the 
Commissioners  appointed  by  the  two  Powers  to  survey  and  mark  out 
the  Boundary  between  their  respective  Territories  under  the  first 
article  of  the  Treaty  concluded  between  them  at  Washington  on  the 
15th  of  June,  1846,  having  been  produced ; 

And  it  appearing  that  they  do  correctly  indicate  the  said  Boundary 
from  the  point  where  the  Boundary  laid  down  in  Treaties  and  Con- 
ventions prior  to  June  15th,  1846,  terminates  Westward  on  the  49th 
Parallel  of  North  Latitude  to  the  Eastern  shore  of  the  Gulf  of 
Georgia,  which  Boundary  has  been  defined  by  the  Commissioners  by 
marks  upon  the  ground; 


GBEAT  BRITAIN — 1846-1850. 


659 


The  undersigned,  without  prejudice  to  the  rights  of  their  respective 
Governments  as  to  the  settlement  and  the  determination  of  the  re- 
mainder of  the  said  Boundary,  hereby  declare  that  the  said  maps  certi- 
fied and  authenticated  under  the  signatures  of  Archibald  Campbell, 
Esquire,  the  Commissioner  of  the  United  States,  and  of  Colonel  John 
Summerfield  Hawkins,  Her  Britannic  Majesty’s  Commissioner,  and 
of  which  duplicate  copies  similarly  certified  and  authenticated  are 
in  the  possession  of  the  Government  of  Her  Britannic  Majesty  have 
been  duly  examined  and  considered,  and,  as  well  as  the  marks  by 
which  the  Boundary  to  the  Eastern  shore  of  the  Gulf  of  Georgia 
has  been  defined  upon  the  ground,  are  approved,  agreed  to,  and 
adopted  by  both  Governments. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
same  and  have  affixed  thereto  their  respective  seals. 

Done  at  Washington  the  twenty  fourth  day  of  February,  in  the 
year  of  our  Lord,  one  thousand  eight  hundred  and  seventy. 

[ seal.]  Hamilton  Fish 

[seal.]  Edwd.  Thornton 


1850.“ 


Convention  as  to  Ship-Canal  Connecting  Atlantic  and  Pacific 

Oceans. 

(CLAYTON-BULWER  TREATY.) 

Concluded  April  19, 1860;  ratification  advised  hy  the  Senate  May  22, 
1860;  rati^ed  hy  the  President  May  23,  1860;  ratifications  ex- 
changed July  Jf.,  1860;  proclaimed  July  6, 1860. 

Articles. 


I.  Declaration  as  to  control  of  canal, 
occupation  of  territory,  and 
commercial  advantages. 

II.  Neutrality  of  canal  in  case  of  war. 

III.  Protection  of  construction. 

IV.  Mutual  influence  to  facilitate  con- 

struction. 


V.  Guarantee  of  neutrality. 

VI.  Cooperation  of  other  States. 

VII.  Mutual  encouragement  to  speedy 
construction. 

VIII.  Protection  to  other  communica- 
tions. 

IX.  Ratiflcation. 


The  United  States  of  America  and  Her  Britannic  Majesty,  being 
desirous  of  consolidating  the  relations  of  amity  which  so  happily 
subsist  between  them  by  setting  forth  and  fixing  in  a convention  their 
views  and  intentions  with  reference  to  any  means  of  communication 
by  ship-canal  which  may  be  constructed  between  the  Atlantic  and 
Pacific  Oceans  by  the  way  of  the  river  San  Juan  de  Nicaragua,  and 


“ This  convention  is  superseded  by  the  convention  concluded  November  18, 
1901. 


660 


TBEATIES,  CONVENTIONS,  ETC. 


either  or  both  of  the  lakes  of  Nicara^ia  or  Managua,  to  any  port 
or  place  on  the  Pacific  Ocean,  the  President  of  the  United  States  has 
conferred  full  powers  on  John  M.  Clayton,  Secretary  of  State  of  the 
United  States,  and  Her  Britannic  Majesty  on  the  Right  Honourable 
Sir  Henry  Lytton  Bulwer,  a member  of  Her  Majesty’s  Most  Hon- 
ourable Privy  Council,  Knight  Commander  of  the  Most  Honourable 
Order  of  the  Bath,  and  Envoy  Extraordinary  and  Minister  Plenipo- 
tentiary of  Her  Britannic  Majesty  to  the  United  States,  for  the  afore- 
said purpose;  and  the  said  Plenipotentiaries,  having  exchanged  their 
full  powers,  which  were  found  to  be  in  proper  form,  have  agreed  to 
the  following  articles: 

Article  I. 

The  Governments  of  the  United  States  and  Great  Britain  hereby 
declare  that  neither  the  one  nor  the  other  will  ever  obtain  or  maintain 
for  itself  any  exclusive  control  over  the  said  ship-canal : agreeing 
that  neither  will  ever  erect  or  maintain  any  fortifications  command- 
ing the  same,  or  in  the  vicinity  thereof,  or  occupy,  or  fortify,  or 
colonize,  or  assume  or  exercise  any  dominion  over  Nicaragua,  Costa 
Rica,  the  Mosquito  coast,  or  any  part  of  Central  America;  nor  will 
either  make  use  of  any  protection  which  either  aft'ords  or  may  afford, 
or  any  alliance  which  either  has  or  may  have  to  or  with  any  State 
or  people  for  the  purpose  of  erecting  or  maintaining  any  such  forti- 
fications, or  of  occupying,  fortifying,  or  colonizing  Nicaragua,  Costa 
Rica,  the  Mosquito  coast,  or  any  part  of  Central  America,  or  of  as- 
suming or  exercising  dominion  over  the  same;  nor  will  the  United 
States  or  Great  Britain  take  advantage  of  any  intimacy,  or  use  any 
alliance,  connection,  or  influence  that  either  may  possess,  with  any 
State  or  Government  through  whose  territory  the  said  canal  may 
pass,  for  the  purpose  of  acquiring  or  holding,  directly  or  indirectly, 
for  the  citizens  or  subjects  of  the  one  any  rights  or  advantages  in 
regard  to  commerce  or  navigation  through  the  said  canal  which  shall 
not  be  offered  on  the  same  terms  to  the  citizens  or  subjects  of  the 
other. 

Article  II. 

Vessels  of  the  United  States  or  Great  Britain  traversing  the  said 
canal  shall,  in  case  of  war  between  the  contracting  parties,  be  exempted 
from  blockade,  detention,  or  capture  by  either  of  the  belligerents; 
and  this  provision  shall  extend  to  such  a distance  from  the  two  ends 
of  the  said  canal  as  may  hereafter  be  found  expedient  to  establish. 

Article  III. 

In  order  to  secure  the  construction  of  the  said  canal,  the  contract- 
ing parties  engage  that,  if  any  such  canal  shall  be  undertaken  upon 
fair  and  equitable  terms  by  any  2:)arties  having  the  authority  of  the 
local  government  or  governments  through  whose  territory  the  same 
may  pass,  then  the  persons  employed  in  making  the  said  canal,  and 
their  property  used  or  to  be  used  for  that  object,  shall  be  jirotected, 
from  the  commencement  of  the  said  canal  to  its  completion,  b}’^  the 


GREAT  BRITAIN — 1850. 


661 


Governments  of  the  United  States  and  Great  Britain,  from  unjust 
detention,  confiscation,  seizure,  or  any  violence  whatsoever. 

Article  IV. 

The  contracting  parties  will  use  whatever  influence  they  respec- 
tively exercise  with  any  State,  States,  or  Governments  possessing, 
or  claiming  to  possess,  any  jurisdiction  or  right  over  the  territory 
which  the  said  canal  shall  traverse,  or  which  shall  be  near  the  waters 
applicable  thereto,  in  order  to  induce  such  States  or  Governments  to 
facilitate  the  construction  of  the  said  canal  by  every  means  in  their 
power;  and,  furthermore,  the  United  States  and  Great  Britain  agree 
to  use  their  good  offices,  wherever  or  however  it  may  be  most  expedi- 
ent, in  order  to  procure  the  establishment  of  two  free  ports,  one  at 
each  end  of  the  said  canal. 


Article  V. 

The  contracting  parties  further  engage  that  when  the  said  canal 
shall  have  been  completed  they  will  protect  it  from  interruption, 
seizure,  or  unjust  confiscation,  and  that  they  will  guarantee  the 
neutrality  thereof,  so  that  the  said  canal  may  forever  be  open  and 
free,  and  the  capital  invested  therein  secure.  Nevertheless,  the 
Governments  of  the  United  States  and  Great  Britain,  in  according 
their  jirotection  to  the  construction  of  the  said  canal,  and  guarantee- 
ing its  neutrality  and  security  when  completed,  always  understand 
that  this  protection  and  guarantee  are  granted  conditionally,  and 
may  be  withdrawn  by  both  Governments,  or  either  Government,  if 
both  Governments  or  either  Government  should  deem  that  the  per- 
sons or  company  undertaking  or  managing  the  same  adopt  or  estab- 
lish such  regulations  concerning  the  traffic  thereupon  as  are  contrary 
to  the  spirit  and  intention  of  this  convention,  either  by  making 
unfair  discriminations  in  favor  of  the  commerce  of  one  of  the  con- 
tracting parties  over  the  commerce  of  the  other,  or  by  imposing 
oppressive  exactions  or  unreasonable  tolls  upon  passengers,  vessels, 
goods,  wares,  merchandise,  or  other  articles.  Neither  ]iarty,  how- 
ever, shall  withdraw  the  aforesaid  protection  and  guarantee  without 
first  giving  six  months’  notice  to  the  other. 

Article  VI. 

The  contracting  parties  in  this  convention  engage  to  invite  every 
State  with  which  both  or  either  have  friendly  intercourse  to  enter 
into  stipulations  with  them  similar  to  those  which  they  have  entered 
into  with  each  other,  to  the  end  that  all  other  States  may  share  in 
the  honor  and  advantage  of  having  contributed  to  a work  of  such 
general  interest  and  importance  as  the  canal  herein  contemplated. 
And  the  contracting  parties  likewise  agree  that  each  shall  enter  into 
treaty  stipulations  with  such  of  the  Central  American  States  as  they 
may  deem  advisable  for  the  purpose  of  more  effectually  carrying  out 
the  great  design  of  this  convention,  namely,  that  of  constructing  and 
maintaining  the  said  canal  as  a ship  communication  between  the  two 
oceans,  for  the  benefit  of  mankind,  on  equal  terms  to  all,  and  of  pro- 


662 


TREATIES,  CONVENTIONS,  ETC. 


tecting  the  same;  and  tliey  also  agree  that  the  good  offices  of  either 
shall  be  employed,  when  requested  by  the  other,  in  aiding  and  assist- 
ing the  negotiation  of  such  treaty  stiimlations ; and  should  any  dif- 
ferences arise  as  to  right  or  property  over  the  territory  through 
which  the  said  canal  shall  pass,  between  the  States  or  Governments  of 
Central  America,  and  such  differences  should  in  any  way  impede  or 
obstruct  the  execution  of  the  said  canal,  the  Governments  of  the 
United  States  and  Great  Britain  will  use  their  good  offices  to  settle 
such  differences  in  the  manner  best  suited  to  promote  the  interests  of 
the  said  canal,  and  to  strengthen  the  bonds  of  friendship  and  alliance 
which  exist  between  the  contracting  parties. 

Articee  VII. 

It  being  desirable  that  no  time  should  be  unnecessarily  lost  in  com- 
mencing and  constructing  the  said  canal,  the  Governments  of  the 
United  States  and  Great  Britain  determine  to  give  their  support  and 
encouragement  to  such  persons  or  company  as  may  first  offer  to  com- 
mence the  same,  with  the  necessary  capital,  the  consent  of  the  local 
authorities,  and  on  such  principles  as  accord  with  the  spirit  and  in- 
tention of  this  convention;  and  if  any  persons  or  company  should 
already  have,  with  any  State  through  which  the  proposed  ship-canal 
may  pass,  a contract  for  the  construction  of  such  a canal  as  that  speci- 
fied in  this  convention,  to  the  stipulations  of  which  contract  neither 
of  the  contracting  parties  in  this  convention  have  any  just  cause  to 
object,  and  the  said  persons  or  company  shall,  moreover,  have  made 
preparations  and  expended  time,  money,  and  trouble  on  the  faith  of 
such  contract,  it  is  hereby  agreed  that  such  persons  or  company  shall 
have  a priority  of  claim  over  every  other  person,  persons,  or  company 
to  the  protection  of  the  Governments  of  the  United  States  and  Great 
Britain,  and  be  allowed  a year  from  the  date  of  the  exchange  of  the 
ratifications  of  this  convention  for  concluding  their  arrangements 
and  presenting  evidence  of  sufficient  capital  subscribed  to  accomplish 
the  contemplated  undertaking;  it  being  understood  that  if,  at  the 
expiration  of  the  aforesaid  period,  such  persons  or  company  be  not 
able  to  commence  and  carry  out  the  proposed  enterprize,  then  the 
Governments  of  the  United  States  and  Great  Britain  shall  be  free  to 
afford  their  protection  to  any  other  persons  or  company  that  shall  be 
prepared  to  commence  and  proceed  with  the  construction  of  the  canal 
in  question. 

Article  VIII. 

The  Governments  of  the  United  States  and  Great  Britain  having 
not  only  desired,  in  entering  into  this  convention,  to  accomplish  a 
particular  object,  but  also  to  establish  a general  principle,  they  hereby 
agree  to  extend  their  protection,  by  treaty  stipulations,  to  any  other 
practicable  communications,  whether  by  canal  or  railway,  across  the 
isthmus  which  connects  North  and  South  America,  and  especially  to 
the  interoceanic  communications,  should  the  same  prove  to  be  jirac- 
ticable,  whether  by  canal  or  railway,  which  are  now  proposed  to  be 
established  by  the  way  of  Tehuantepec  or  Panama.  In  granting, 
however,  their  joint  protection  to  any  such  canals  or  railways  as  are 
by  this  article  specified,  it  is  always  understood  by  the  United  States 


GREAT  BRITAIN — 1850. 


663 


and  Great  Britain  that  the  parties  constructing  or  owning  the  same 
shall  impose  no  other  charges  or  conditions  of  traffic  thereupon  than 
the  aforesaid  Governments  shall  approve  of  as  just  and  equitable; 
and  that  the  same  canals  or  railways,  being  open  to  the  citizens  and 
subjects  of  the  United  States  and  Great  Britain  on  equal  terms,  shall 
also  be  open  on  like  terms  to  the  citizens  and  subjects  of  every  other 
State  which  is  willing  to  grant  thereto  such  protection  as  the  United 
States  and  Great  Britain  engage  to  atford. 

Article  IX. 

The  ratifications  of  this  convention  shall  be  exchanged  at  Washing- 
ton within  six  months  from  this  day,  or  sooner  if  possible. 

In  faith  whereof  we,  the  respective  Plenipotentiaries,  have  signed 
this  convention,  and  have  hereunto  affixed  our  seals. 

Done  at  Washington  the  nineteenth  day  of  April,  anno  Domini  one 
thousand  eight  hundred  and  fifty. 

[seal.]  John  M.  Clayton. 

[seal.]  Henry  Lytton  Bulwer. 


1850. 

Protocol  of  a Conference  held  at  the  Foreign  Office,  Decem- 
ber 9,  1850,  Ceding  Horse-Shoe  Reef  to  the  United  States. 

Abbott  Lawrence,  Esquire,  the  Envoy  Extraordinary  and  Minister 
Plenipotentiary  of  the  United  States  of  America  at  the  court  of  Her 
Britannic  Majesty,  and  Viscount  Palmerston,  Her  Britannic  Maj- 
esty’s Principal  Secretary  of  State  for  Foreign  Affairs,  having  met 
together  at  the  foreign  office: 

Mr.  Lawrence  stated  that  he  was  instructed  by  his  Government  to 
call  the  attention  of  the  British  Government  to  the  dangers  to  which 
the  important  commerce  of  the  great  Lakes  of  the  Interior  of  Amer- 
ica, and  more  particularly  that  concentrating  at  the  town  of  Buffalo 
near  the  entrance  of  the  Niagara  River  from  Lake  Erie,  and  that 
passing  through  the  Welland  Canal,  is  exposed  from  the  want  of  a 
lighthouse  near  the  outlet  of  Lake  Erie.  Mr.  Lawrence  stated  that 
the  current  of  the  Niagara  River  is  at  that  spot  very  strong,  and  in- 
creases in  rapidity  as  the  river  approaches  the  falls ; and  as  that  part 
of  the  river  is  necessarily  used  for  the  purpose  of  a harbor,  the  Con- 
gress of  the  United  States,  in  order  to  guard  against  the  danger  aris- 
ing from  the  rapidity  of  the  current,  and  from  other  local  causes, 
made  an  appropriation  for  the  construction  of  a lighthouse  at  the 
outlet  of  the  lake.  But  on  a local  survey  being  made,  it  was  found 
that  the  most  eligible  site  for  the  erection  of  the  lighthouse  was  a 
reef  known  by  the  name  of  the  “ Horse-shoe  Reef,”  which  is  within 
the  dominions  of  Her  Britannic  Majesty;  and  Mr.  Lawrence  was 
therefore  instructed  by  the  Government  of  the  United  States  to  ask 
whether  the  Government  of  Her  Britannic  Majesty  will  cede  to  the 
United  States  the  Horse-shoe  Reef,  or  such  part  thereof  as  may  be 
necessary  for  the  purpose  of  erecting  a lighthouse;  and  if  not, 


664 


TREATIES,  CONVENTIONS,  ETC. 


whether  the  British  Government  will  itself  erect  and  maintain  a 
lighthouse  on  the  said  Reef. 

Viscount  Palmerston  stated  to  Mr.  Lawrence  in  reply,  that  Her 
Majesty’s  Government  concurs  in  opinion  with  the  Government  of 
the  United  States,  that  the  proposed  lighthouse  would  be  of  great 
advantage  to  all  vessels  navigating  the  Lakes;  and  that  Her  Maj- 
jesty’s  Government  is  prepared  to  advise  Her  Majesty  to  cede  to  the 
United  States  such  portion  of  the  Horse-shoe  Reef  as  may  be  found 
requisite  for  the  intended  lighthouse,  provided  the  Government  of 
the  United  States  will  engage  to  erect  such  lighthouse,  and  to  main- 
tain a light  therein;  and  provided  no  fortification  be  erected  on  the 
said  Reef. 

Mr.  Lawrence  and  Viscount  Palmerston,  on  the  part  of  their  respec- 
tive Governments,  accordingly  agreed  that  the  British  Crown  should 
make  this  cession,  and  that  the  United  States  should  accept  it,  on  the 
above-mentioned  conditions. 

Abbott  Lawrence. 

Palmerston. 


On  the  receipt  of  this  Mr.  Webster,  January  17,  1851,  instructed  Mr.  Law- 
rence to  “address  a note  to  the  British  Secretary  of  State  for  Foreign  Affairs, 
acquainting  him  that  the  arrangement  referred  to  is  approved  by  this  Govern- 
ment.” MS.  Department  of  State.  Mr.  Lawrence  did  so  on  the  10th  of  the  fol- 
lowing February. 

The  acts  of  Congress  making  appropriations  for  the  erection  of  the  light-house 
will  be  found  in  9 St.  at  L.,  380  and  627,  and  10  St.  at  L.,  343.  It  was  erected 
in  the  year  1856. 


1853. 

Claims  Convention. 

Concluded  February  8, 1863;  ratif,cation  advised  by  the  Senate  March 
15^  1853;  ratified  by  the  President  March  17,  1853;  ratifications 
exchanged  July  26, 1853;  'proclaimed  August  20, 1853. 


Articles. 


I.  Claims;  commissioners,  etc, 

II.  Investigation  of  claims. 

III.  Time;  examination;  decision. 

IV.  Payment. 


V.  Finality  of  decision. 

VI.  Record ; compensation,  etc. 

VII.  Ratification. 


Whereas  claims  have  at  various  times  since  the  signature  of  the 
treaty  of  peace  and  friendship  between  the  United  States  of  America 
and  Great  Britain,  concluded  at  Ghent  on  the  24th  of  December,  1814. 
been  made  upon  the  Government  of  the  United  States  on  the  part  of 
corporations,  companies,  and  private  individuals,  subjects  of  Her  Bri- 
tannic Majesty,  and  upon  the  Government  of  Her  Britannic  Majesty 
on  the  part  of  corporations,  companies,  and  private  individuals,  citi- 
zens of  the  United  States;  and  whereas  some  of  such  claims  are  still 
pending,  and  remain  unsettled : The  President  of  the  United  States 
of  America,  and  Her  Majesty  the  Queen  of  the  United  Kingdom  of 
Great  Britain  and  Ireland,  being  of  opinion  that  a speedy  and 
equitable  settlement  of  all  such  claims  will  contribute  much  to  the 


GBEAT  BRITAIN 1853. 


665 


maintenance  of  the  friendly  feelings  which  subsist  between  the  two 
countries,  have  resolved  to  make  arrang  ents  for  that  purpose  by 
means  of  a Convention,  and  have  name*.,  as  their  Plenipotentiaries 
to  confer  and  agree  thereupon,  that  is  to  say : 

The  President  of  the  United  States  of  America,  Joseph  Reed  Inger- 
soll.  Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the 
United  States  to  Her  Britannic  Majesty;  and  Her  Majesty  the  Queen 
of  the  United  Kingdom  of  Great  Britain  and  Ireland,  the  Right 
Honourable  John  Russell,  (commonly  called  Lord  John  Russell,)  a 
member  of  Her  Britannic  Majesty’s  Most  Honourable  Privy  Council, 
a member  of  Parliament,  and  Her  Britannic  Majesty’s  Principal  Sec- 
retary of  State  for  Foreign  Affairs; 

MTio,  after  having  communicated  to  each  other  their  respective  full 
powers,  found  in  good  and  due  form,  have  agreed  as  follows: 

Article  I. 

The  high  contracting  parties  agree  that  all  claims  on  the  part  of 
corporations,  companies,  or  private  individuals,  citizens  of  the  United 
States  upon  the  Government  of  Her  Britannic  Majesty,  and  all  claims 
on  the  part  of  corporations,  companies,  or  private  individuals,  sub- 
jects of  Her  Britannic  Majesty,  upon  the  Government  of  the  United 
States,  which  may  have  been  presented  to  either  Government  for  its 
interposition  with  the  other  since  the  signature  of  the  treaty  of  peace 
and  friendship  concluded  between  the  United  States  of  America  and 
Great  Britain,  at  Ghent,  on  the  24th  of  December,  1814,  and  which  yet 
remained  unsettled,  as  well  as  any  other  such  claims  which  may  be 
presented  within  the  time  specified  in  Article  III,  hereinafter,  shall 
be  referred  to  two  Commissioners,  to  be  appointed  in  the  following 
manner,  that  is  to  say:  One  Commissioner  shall  be  named  by  the 
President  of  the  United  States,  and  one  by  Her  Britannic  Majesty. 
In  case  of  the  death,  absence,  or  incapacity  of  either  Commissioner, 
or  in  the  event  of  either  Commissioner  omitting  or  ceasing  to  act 
as  such,  the  President  of  the  United  States,  or  Her  Britannic  Majesty, 
respectively,  shall  forthwith  name  another  person  to  act  as  Commis- 
sioner in  the  place  or  stead  of  the  Commissioner  originally  named. 

The  Commissioners  so  named  shall  meet  at  London  at  the  earliest 
convenient  period  after  they  shall  have  been  respectively  named ; and 
shall,  before  proceeding  to  any  business,  make  and  subscribe  a solemn 
declaration  that  they  will  impartially  and  carefully  examine  and  de- 
cide, to  the  best  of  their  judgment,  and  according  to  justice  and 
equity,  without  fear,  favor,  or  affection  to  their  own  country,  upon  all 
such  claims  as  shall  be  laid  before  them  on  the  part  of  the  Govern- 
ments of  the  United  States  and  of  Her  Britannic  Majesty,  respec- 
tively; and  such  declaration  shall  be  entered  on  the  record  of  their 
proceedings. 

The  Commissioners  shall  then,  and  before  proceeding  to  any  other 
business,  name  some  third  person  to  act  as  an  Arbitrator  or  Umpire  in 
any  case  or  cases  on  which  they  may  themselves  differ  in  opinion.  If 
they  should  not  be  able  to  agree  upon  the  name  of  such  third  person, 
they  shall  each  name  a person ; and  in  each  and  every  case  in  which 
the  Commissioners  may  differ  in  opinion  as  to  the  decision  which 
they  ought  to  give,  it  shall  be  determined  by  lot  which  of  the  two 
persons  so  named  shall  be  the  Arbitrator  or  Umpire  in  that  particular 


666 


TREATIES,  CONVENTIONS,  ETC. 


case.  The  person  or  persons  so  to  be  chosen  to  be  Arbitrator  or  Um- 
pire shall,  before  proceeding  to  act  as  such  in  any  case,  make  and  sub- 
scribe a solemn  declaration  in  a form  similar  to  that  which  shall 
already  have  been  made  and  subscribed  by  the  Commissioners,  which 
shall  be  entered  on  the  record  of  their  proceedings.  In  the  event  of 
the  death,  absence,  or  incapacity  of  such  person  or  persons,  or  of  his 
or  their  omitting,  or  declining,  or  ceasing  to  act  as  such  Arbitrator 
or  Umpire,  another  and  different  person  shall  be  named  as  aforesaid 
to  act  as  such  Arbitrator  or  Umpire  in  the  place  and  stead  of  the 
person  so  originally  named  as  aforesaid,  and  shall  make  and  sub- 
scribe such  declaration  as  aforesaid. 

Article  II. 

The  Commissioners  shall  then  forthwith  conjointly  proceed  to  the 
investigation  of  the  claims  which  shall  be  presented  to  their  notice. 
They  shall  investigate  and  decide  upon  such  claims  in  such  order  and 
in  such  manner  as  they  may  conjointly  think  proper,  but  upon  such 
evidence  or  information  only  as  shall  be  furnished  by  or  on  behalf  of 
their  respective  Governments.  They  shall  be  bound  to  receive  and 
peruse  all  written  documents  or  statements  which  may  be  presented 
to  them  by  or  on  behalf  of  their  respective  Governments,  in  support 
of,  or  in  answer  to,  any  claim;  and  to  hear,  if  required,  one  person 
on  each  side,  on  behalf  of  each  Government,  as  counsel  or  agent  for 
such  Government,  on  each  and  every  separate  claim.  Should  they 
fail  to  agree  in  opinion  upon  any  individual  claim,  they  shall  call  to 
their  assistance  the  Arbitrator  or  Umpire  whom  they  may  have  agreed 
to  name,  or  who  may  be  determined  by  lot,  as  the  case  may  be;  and 
such  Arbitrator  or  Umpire,  after  having  examined  the  evidence  ad- 
duced for  and  against  the  claim,  and  after  having  heard,  if  required, 
one  person  on  each  side  as  aforesaid,  and  consulted  with  the  Commis- 
sioners, shall  decide  thereupon  finally,  and  without  appeal.  The 
decision  of  the  Commissioners,  and  of  the  Arbitrator  or  Umpire, 
shall  be  given  upon  each  claim  in  writing,  and  shall  be  signed  by  them 
respectively.  It  shall  be  competent  for  each  Government  to  name  one 
person  to  attend  the  Commissioners  as  agent  on  its  behalf,  to  present 
and  support  claims  on  its  behalf,  and  to  answer  claims  made  upon  it, 
and  to  represent  it  generally  in  all  matters  connected  with  the  investi- 
gation and  decision  thereof. 

The  President  of  the  United  States  of  America  and  Her  Majesty 
the  Queen  of  the  United  Kingdom  of  Great  Britain  and  Ireland 
hereby  solemnly  and  sincerely  engage  to  consider  the  decision  of 
the  Commissioners  conjointly,  or  of  the  Arbitrator  or  Umpire,  as 
the  case  may  be,  as  absolutely  final  and  conclusive  upon  each  claim 
decided  upon  by  them  or  him,  respectively,  and  to  give  full  effect  to 
such  decisions  without  any  objection,  evasion,  or  delay  whatsoever. 

It  is  agreed  that  no  claim  arising  out  of  any  transaction  of  a date 
prior  to  the  24th  of  December,  1814,  shall  be  admissible  under  this 
convention. 

Article  III. 

Every  claim  shall  be  presented  to  the  Commissioners  within  six 
months  from  the  day  of  their  first  meeting,  unless  in  any  case  where 
reasons  for  delay  shall  be  established  to  the  satisfaction  of  the  Com- 


GREAT  BRITAIN— 1853. 


667 


missi  oners,  or  of  the  Arbitrator  or  Umpire,  in  the  event  of  the  Com- 
missioners differing  in  opinion  thereupon ; and  then,  and  in  any  such 
case,  the  period  for  presenting  the  claim  may  be  extended  to  any 
time  not  exceeding  three  months  longer. 

The  Commissioners  shall  be  bound  to  examine  and  decide  upon 
every  claim  within  one  year  from  the  day  of  their  first  meeting.  It 
shall  be  competent  for  the  Commissioners  conjointly,  or  for  the  Ar- 
bitrator or  Umpire,  if  they  differ,  to  decide  in  each  case  whether  any 
claim  has  or  has  not  been  duly  made,  preferred,  or  laid  before  them, 
either  wholly,  or  to  any  and  what  extent,  according  to  the  true  intent 
and  meaning  of  this  convention. 

Article  IV. 

All  sums  of  money  which  may  be  awarded  by  the  Commissioners, 
or  by  the  Arbitrator  or  Umpire,  on  account  of  any  claim,  shall  be  paid 
by  the  one  Government  to  the  other,  as  the  case  may  be,  within  twelve 
months  after  the  date  of  the  decision,  without  interest,  and  without 
any  deduction,  save  as  specified  in  Article  VI  hereinafter. 

Article  V. 

The  high  contracting  parties  engage  to  consider  the  result  of  the 
proceedings  of  this  commission  as  a full,  perfect,  and  final  settlement 
of  every  claim  upon  either  Government  arising  out  of  any  transac- 
tion of  a date  prior  to  the  exchange  of  the  ratifications  of  the  present 
convention;  and  further  engage  that  every  such  claim,  whether  or 
not  the  same  may  have  been  presented  to  the  notice  of,  made,  pre- 
ferred, or  laid  before  the  said  commission,  shall,  from  and  after  the 
conclusion  of  the  proceedings  of  the  said  commission,  be  considered 
and  treated  as  finally  settled,  barred,  and  thenceforth  inadmissible. 

Article  VI. 

The  Commissioners,  and  the  Arbitrator  or  Umpire,  shall  keep  an 
accurate  record  and  correct  minutes  or  notes  of  all  their  proceedings, 
with  the  dates  thereof,  and  shall  appoint  and  employ  a clerk,  or  other 
persons,  to  assist  them  in  the  transaction  of  the  business  which  may 
come  before  them. 

Each  Government  shall  pay  to  its  Commissioner  an  amount  of 
salary  not  exceeding  three  thousand  dollars,  or  six  hundred  and 
twenty  pounds  sterling,  a year,  which  amount  shall  be  the  same  for 
both  Governments. 

The  amount  of  salary  to  be  paid  to  the  Arbitrator  (or  Arbitrators, 
as  the  case  may  be)  shall  be  determined  by  mutual  consent  at  the 
close  of  the  commission. 

The  salary  of  the  clerk  shall  not  exceed  the  sum  of  fifteen  hundred 
dollars,  or  three  hundred  and  ten  pounds  sterling,  a year. 

The  whole  expenses  of  the  commission,  including  contingent  ex- 
penses, shall  be  defrayed  by  a rateable  deduction  on  the  amount  of 
the  sums  awarded  by  the  commission;  provided  always  that  such 
deduction  shall  not  exceed  the  rate  of  five  per  cent,  on  the  sums  so 
awarded. 

The  deficiency,  if  any,  shall  be  defrayed  in  moieties  by  the  two 
Governments. 


668 


TREATIES,  CONVEKTIONS,  ETC. 

Article  VII. 


The  present  convention  shall  be  ratified  by  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof,  and  by  Her  Britannic  Majesty;  and  the  ratifications  shall 
be  exchanged  at  London  as  soon  as  may  be  within  twelve  months 
from  the  date  hereof. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
same,  and  have  affixed  thereto  the  seals  of  their  arms. 

Done  at  London  the  eighth  day  of  February,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fifty-three. 

[seal.]  J.  R.  Ingersoll. 

[seal.]  J.  Russell. 


The  commission  met  in  London  September  15,  18.53,  and  adjourned  January 
15,  1855.  The  auaids  in  favor  of  the  American  claimants  amounted  to 
$329,734.16,  and  to  British  claimants,  $277,102.88. 


1854.“  6 

Reciprocity  Treaty  as  to  Fisheries,  Duties  and  Navigation  British 

North  America. 


Concluded  June  5, 185^;  ratification  advised  hy  the  Senate  August 
185Jf.;  ratified  hy  the  President  August  P,  185!^.;  ratifications  ex- 
changed September  9, 1854-;  proclaimed  September  11, 186Jf. 


Articles. 


I.  Fisheries. 

II.  Rights  of  British  subjects. 

III.  Reciprocity. 

IV.  St.  Lawrence  & Canadian  canals. 


V.  Duration  of  treaty. 
VI.  Newfoundland. 

VH.  Ratification. 


The  Government  of  the  United  States  being  equally  desirous  with 
Her  Majesty  the  Queen  of  Great  Britain  to  avoid  further  misunder- 
standing between  their  respective  citizens  and  subjects  in  regard  to 
the  extent  of  the  right  of  fishing  on  the  coasts  of  British  North  Amer- 
ica, secured  to  each  by  article  I of  a convention  between  the  United 
States  and  Great  Britain  signed  at  London  on  the  20th  day  of  Octo- 
ber, 1818 ; and  being  also  desirous  to  regulate  the  commerce  and  navi- 
gation between  their  respective  territories  and  people,  and  more  espe- 
cially between  Her  Majesty’s  possessions  in  North  America  and  the 
United  States,  in  such  manner  as  to  render  the  same  reciprocally 
beneficial  and  satisfactory,  have,  respectively,  named  Plenipoten- 
tiaries to  confer  and  agree  thereupon,  that  is  to  say : 

The  President  of  the  United  States  of  America,  William  L.  Marcy, 
Secretary  of  State  of  the  United  States,  and  Her  Majesty  the  Queen 
of  the  United  Kingdom  of  Great  Britain  and  Ireland,  James,  Earl  of 
Elgin  and  Kincardine,  Lord  Bruce  and  Elgin,  a peer  of  the  United 


“ This  treaty  terminated  by  notice  from  the  United  States  March  17,  1866. 
Federal  case:  Pine  Lumber  (4  Blatch.,  182). 


GEBAT  BEITAIN — 1854. 


669 


Kingdom,  Knight  of  the  most  ancient  and  most  noble  Order  of  the 
Thistle,  and  Governor  General  in  and  over  all  Her  Britannic  Majesty’s 
provinces  on  the  continent  of  North  America,  and  in  and  over  the 
island  of  Prince  Edward; 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers,  found  in  good  and  due  form,  have  agreed  upon  the  following 
articles : 

Article  I. 

It  is  agreed  by  the  high  contracting  parties  that  in  addition  to  the 
liberty  secured  to  the  United  States  fishermen  by  the  above-mentioned 
convention  of  October  20,  1818,  of  taking,  curing,  and  drying  fish  on 
certain  coasts  of  the  British  North  American  Colonies  therein  defined, 
the  inhabitants  of  the  United  States  shall  have,  in  common  with  the 
subjects  of  Her  Britannic  Majesty,  the  liberty  to  take  fish  of  every 
kind,  except  shell-fish,  on  the  sea  coasts  and  shores,  and  in  the  bays, 
harbors,  and  creeks  of  Canada,  New  Brunswick,  Nova  Scotia,  Prince 
Edward’s  Island,  and  of  the  several  islands  thereunto  adjacent,  with- 
out being  restricted  to  any  distance  from  the  shore,  with  permission 
to  land  upon  the  coasts  and  shores  of  those  colonies  and  the  islands 
thereof,  and  also  upon  the  Magdalen  Islands,  for  the  purpose  of  dry- 
ing their  nets  and  curing  their  fish ; provided  that,  in  so  doing,  they 
do  not  interfere  with  the  rights  of  private  property,  or  with  British 
fishermen,  in  the  peaceable  use  of  any  part  of  the  said  coast  in  their 
occupancy  for  the  same  purpose. 

It  is  understood  that  the  above-mentioned  liberty  applies  solely  to 
the  sea  fishery,  and  that  the  salmon  and  shad  fisheries,  and  all  fisher- 
ies in  rivers  and  the  mouths  of  rivers,  are  hereby  reserved  exclusively 
for  British  fishermen. 

And  it  is  further  agreed  that,  in  order  to  prevent  or  settle  any  dis- 
putes as  to  the  places  to  which  the  reservation  of  exclusive  right  to 
British  fishermen  contained  in  this  article,  and  that  of  fishermen  of 
the  United  States  contained  in  the  next  succeeding  article,  apply, 
each  of  the  high  contracting  parties,  on  the  application  of  either  to 
the  other,  shall,  within  six  months  thereafter,  appoint  a Commissioner. 
The  said  Commissioners,  before  proceeding  to  any  business,  shall 
make  and  subscribe  a solemn  declaration  that  they  will  impartially 
and  carefully  examine  and  decide,  to  the  best  of  their  judgment,  and 
according  to  justice  and  equity,  without  fear,  favor,  or  affection  to 
their  own  country,  upon  all  such  places  as  are  intended  to  be  reserved 
and  excluded  from  the  common  liberty  of  fishing  under  this  and  the 
next  succeeding  article;  and  such  declaration  shall  be  entered  on  the 
record  of  their  proceedings. 

The  Commissioners  shall  name  some  third  person  to  act  as  an  Ar- 
bitrator or  Umpire  in  any  case  or  cases  on  which  they  may  themselves 
differ  in  opinion.  If  they  should  not  be  able  to  agree  upon  the  name 
of  such  third  person,  they  shall  each  name  a person,  and  it  shall  be 
determined  by  lot  which  of  the  two  persons  so  named  shall  be  the 
Arbitrator  or  Umpire  in  cases  of  difference  or  disagreement  between 
the  Commissioners.  The  person  so  to  be  chosen  to  be  Arbitrator  or 
Umpire  shall,  before  proceeding  to  act  as  such  in  any  case,  make  and 
subscribe  a solemn  declaration  in  a form  similar  to  that  which  shall 
already  have  been  made  and  subscribed  by  the  Commissioners,  which 


670 


TREATIES,  CONVENTIONS,  ETC. 


shall  be  entered  on  the  record  of  their  proceedings.  In  the  event  of 
the  death,  absence,  or  incapacity  of  either  of  the  Commissioners,  or 
of  the  Arbitrator  or  Umpire,  or  of  their  or  his  omitting,  declining,  or 
ceasing  to  act  as  such  Commissioner,  Arbitrator,  or  Umpire,  another 
and  different  person  shall  be  appointed  or  named  as  aforesaid  to  act 
as  such  Commissioner,  Arbitrator,  or  Umpire,  in  the  place  and  stead 
of  the  person  so  originally  appointed  or  named  as  aforesaid,  and 
shall  make  and  subscribe  such  declaration  as  aforesaid. 

Such  Commissioners  shall  proceed  to  examine  the  coasts  of  the 
North  American  provinces  and  of  the  United  States,  embraced  within 
the  provisions  of  the  first  and  second  articles  of  this  treaty,  and  shall 
designate  the  places  reserved  by  the  said  articles  from  the  common 
right  of  fishing  therein. 

The  decision  of  the  Commissioners  and  of  the  Arbitrator  or  Umpire 
shall  be  given  in  writing  in  each  case,  and  shall  be  signed  by  them 
respectively. 

The  high  contracting  parties  hereby  solemnly  engage  to  consider  the 
decision  of  the  Commissioners  conjointly,  or  of  the  Arbitrator  or 
Umpire,  as  the  case  may  be,  as  absolutely  final  and  conclusive  in  each 
case  decided  upon  by  them  or  him  respectively. 

Article  II. 

It  is  agreed  by  the  high  contracting  parties  that  British  subjects 
shall  have,  in  common  with  the  citizens  of  the  United  States  the 
liberty  to  take  fish  of  every  kind,  except  shell  fish,  on  the  eastern 
sea-coasts  and  shores  of  the  United  States  north  of  the  36th  parallel 
of  north  latitude,  and  on  the  shores  of  the  several  islands  thereunto 
adjacent,  and  in  the  bays,  harbors,  and  creeks  of  the  said  sea-coast  and 
shores  of  the  United  States  and  of  the  said  islands,  without  being  re- 
stricted to  any  distance  from  the  shore,  with  permission  to  land  upon 
the  said  coasts  of  the  United  States  and  of  the  islands  aforesaid,  for 
the  purpose  of  drying  their  nets  and  curing  their  fish : Provided,  that, 
in  so  doing,  they  do  not  interfere  with  the  rights  of  private  property, 
or  with  the  fishermen  of  the  United  States,  in  the  peaceable  use  of 
any  part  of  the  said  coasts  in  their  occupancy  for  the  same  purpose. 

It  is  understood  that  the  above-mentioned  liberty  applies  solely  to 
the  sea  fishery,  and  that  salmon  and  shad  fisheries,  and  all  fisheries  in 
rivers  and  mouths  of  rivers,  are  hereby  reserved  exclusively  for  fisher- 
men of  the  United  States. 

Article  III. 

It  is  agreed  that  the  articles  enumerated  in  the  schedule  hereunto 
annexed,  being  the  growth  and  produce  of  the  aforesaid  British  colo- 
nies or  of  the  United  States,  shall  be  admitted  into  each  country 
respectively  free  of  duty : 

Schedule. 

Grain,  flour,  and  breadstuffs,  of  all  kinds. 

Animals  of  all  kinds. 

Fresh,  smoked,  and  salted  meats. 


GKEAT  BEITAIN 1854. 


671 


Cotton-wool,  seeds,  and  vegetables. 

Undried  fruits,  dried  fruits. 

Fish  of  all  kinds. 

Products  of  fish,  and  of  all  other  creatures  living  in  the  water. 
Poultry,  eggs. 

Hides,  furs,  skins,  or  tails,  undressed. 

Stone  or  marble,  in  its  crude  or  unwrought  state. 

Slate. 

Butter,  cheese,  tallow. 

Lard,  horns,  manures. 

Ores  of  metals,  of  all  kinds. 

Coal. 

Pitch,  tar,  turpentine,  ashes. 

Timber  and  lumber  of  all  kinds,  round,  hewed,  and  sawed,  unmanu- 
factured in  whole  or  in  part. 

Firewood. 

Plants,  shrubs,  and  trees. 

Pelts,  wool. 

Fish-oil. 

Eice,  broom-corn,  and  bark. 

Gypsum,  ground  or  unground. 

Hewn,  or  wrought,  or  unwrought  burr  or  grindstones. 

Dyestuffs. 

Flax,  hemp,  and  tow,  unmanufactured. 

Unmanufactured  tobacco. 

Bags. 


Article  IV. 

It  is  agreed  that  the  citizens  and  inhabitants  of  the  United  States 
shall  have  the  right  to  navigate  the  Eiver  St.  Lawrence,  and  the 
canals  in  Canada  used  as  the  means  of  communicating  between  the 
great  lakes  and  the  Atlantic  Ocean,  with  their  vessels,  boats,  and 
crafts,  as  fully  and  freely  as  the  subjects  of  Her  Britannic  Majesty, 
subject  only  to  the  same  tolls  and  other  assessments  as  now  are,  or 
may  hereafter  be,  exacted  of  Her  Majesty’s  said  subjects;  it  being 
understood,  however,  that  the  British  Government  retains  the  right 
of  suspending  this  privilege  on  giving  due  notice  thereof  to  the  Gov- 
ernment of  the  United  States. 

It  is  further  agreed  that  if  at  any  time  the  British  Government 
should  exercise  the  said  reserved  right,  the  Government  of  the  United 
States  shall  have  the  right  of  suspending,  if  it  think  fit,  the  operations 
of  Art.  Ill  of  the  present  treaty,  in  so  far  as  the  province  of  Canada 
is  affected  thereby,  for  so  long  as  the  suspension  of  the  free  naviga- 
tion of  the  Eiver  ^t.  Lawrence  or  the  canals  may  continue. 

It  is  further  agreed  that  British  subjects  shall  have  the  right  freely 
to  navigate  Lake  Michigan  with  their  vessels,  boats,  and  crafts  so 
long  as  the  privilege  of  navigating  the  river  St.  Lawrence,  secured 
to  American  citizens  by  the  above  clause  of  the  present  article,  shall 
continue ; and  the  Government  of  the  United  States  further  engages 
to  urge  upon  the  State  governments  to  secure  to  the  subjects  of  Her 
Britannic  Majesty  the  use  of  the  several  State  canals  on  terms  of 
equality  with  the  inhabitants  of  the  United  States. 


672 


TBEATIES,  CONVENTIONS,  ETC. 


And  it  is  further  agreed  that  no  export  duty,  or  other  duty,  shall 
be  levied  on  lumber  or  timber  of  any  kind  cut  on  that  portion  of  the 
American  territory  in  the  State  of  Maine  watered  by  the  river  St. 
John  and  its  tributaries,  and  floated  down  that  river  to  the  sea,  when 
the  same  is  shipped  to  the  United  States  from  the  province  of  New 
Brunswick. 

Article  V. 

The  present  treaty  shall  take  effect  as  soon  as  the  laws  required  to 
carry  it  into  operation  shall  have  been  passed  by  the  Imperial  Parli- 
ment  of  Great  Britain  and  by  the  Provincial  Parliaments  of  those  of 
the  British  North  American  colonies  which  are  affected  by  this  treaty 
on  the  one  hand,  and  by  the  Congress  of  the  United  States  on  the 
other.  Such  assent  having  been  given,  the  treaty  shall  remain  in 
force  for  ten  years  from  the  date  at  which  it  may  come  into  opera- 
tion, and  further  until  the  expiration  of  twelve  months  after  either 
of  the  high  contracting  parties  shall  give  notice  to  the  other  of  its 
wish  to  terminate  the  same;  each  of  the  high  contracting  parties  be- 
ing at  liberty  to  give  such  notice  to  the  other  at  the  end  of  the  said 
term  of  ten  years,  or  at  any  time  afterwards. 

It  is  clearly  understood,  however,  that  this  stipulation  is  not  in- 
tended to  affect  the  reservation  made  by  article  IV  of  the  present 
treaty,  with  regard  to  the  right  of  temporarily  suspending  the  opera- 
tions of  articles  III  and  IV  thereof. 

Article  VI. 

And  it  is  hereby  further  agi’eed  that  the  provisions  and  stipulations 
of  the  foregoing  articles  shall  extend  to  the  island  of  Newfoundland, 
so  far  as  they  are  applicable  to  that  colony.  But  if  the  Imperial 
Parliament,  the  Provincial  Parliament  of  Newfoundland,  or  the 
Congress  of  the  United  States  shall  not  embrace  in  their  laws,  enacted 
for  carrying  this  treaty  into  effect,  the  colony  of  Newfoundland, 
then  this  article  shall  be  of  no  effect ; but  the  omission  to  make  provi- 
sion by  law  to  give  it  effect,  by  either  of  the  legislative  bodies  afore- 
said, shall  not  in  any  way  impair  the  remaining  articles  of  this  treaty. 

Article  VII. 

The  present  treaty  shall  be  duly  ratified,  and  the  mutual  exchange 
of  ratifications  shall  take  place  in  AVashington  within  six  months 
from  the  date  hereof,  or  earlier  if  possible. 

In  faith  whereof  we,  the  respective  Plenipotentiaries,  have  signed 
this  treaty  and  have  hereunto  affixed  our  seals. 

Done  in  triplicate,  at  AVashington,  the  fifth  day  of  June,  anno 
Domini  one  thousand  eight  hundred  and  fifty-four. 

[seal.]  AA^.  L.  Marcy. 

[seal.]  Elgin  & Kincardine. 


GBEAT  BRITAIN 1854. 


673 


1864. 

Claims  Convention. 

Concluded  July  17,  185 Jf;  ratification  advised  hy  the  Senate  July  21, 
185If.;  ratified  hy  the  President  July  2 If,  1851t.;  ratifications  ex- 
changed August  18, 185Ii.;  proclaimed  September  11,  1851^. 

Abticles. 

1.  Time  extended.  I II.  Ratification. 

Whereas  a convention  was  concluded  on  the  8th  day  of  February, 
1853,  between  the  United  States  of  America  and  Her  Britannic 
Majesty,  for  the  settlement  of  outstanding  claims,  by  a mixed  com- 
mission, limited  to  endure  for  twelve  months  from  the  day  of  the 
first  meeting  of  the  Commissioners;  and  whereas  doubts  have  arisen 
as  to  the  practicability  of  the  business  of  the  said  commission  being 
concluded  within  the  period  assigned,  the  President  of  the  United 
States,  and  Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great 
Britain  and  Ireland,  are  desirous  that  the  time  originally  fixed  for 
the  duration  of  the  commission  should  be  extended,  and  to  this  end 
have  named  plenipotentiaries  to  agree  upon  the  best  mode  of  effect- 
ing this  object,  that  is  to  say:  The  President  of  the  United  States, 
the  Honorable  William  L.  Marcy,  Secretary  of  State  of  the  United 
States,  and  Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great 
Britain  and  Ireland,  John  Fiennes  Crampton,  Esq’re,  Her  Majesty’s 
Envoy  Extraordinary  and  Minister  Plenipotentiary  at  Washington; 
who  have  agreed  as  follows: 


Article  I. 

The  high  contracting  parties  agree  that  the  time  limited  in  the  con- 
vention above  referred  to  for  the  termination  of  the  commission 
shall  be  extended  for  a period  not  exceeding  four  months  from  the 
15th  of  September  next,  should  such  extension  be  deemed  necessary 
by  the  Commissioners,  or  the  Umpire  in  case  of  their  disagreement; 
it  being  agreed  that  nothing  contained  in  this  article  shall  in  any- 
wise alter  or  extend  the  time  originally  fixed  in  the  said  convention 
for  the  presentation  of  claims  to  the  Commissioners. 

Article  II. 

The  present  convention  shall  be  ratified,  and  the  ratifications  shall 
be  exchanged  at  London,  as  soon  as  possible  within  four  months  from 
the  date  thereof. 

In  witness  Avhereof  the  respective  Plenipotentiaries  have  signed  the 
same,  and  have  affixed  thereto  the  seals  of  their  arms. 

Done  at  Washington  the  seventeenth  day  of  July,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  fifty-four. 

[seal.]  W.  L.  Marcy. 

[seal.]  John  F.  Crampton. 

24449— VOL  1—10 43 


674  TREATIES,  CONVEKTIOISIS,  ETC. 

1862. 

Treaty  for  the  Suppression  of  African  Slave  Trade.® 


Concluded  April  7, 1862;  ratification  adoised  hy  the  Senate  April  21^, 
1862;  ratified  hy  the  President  April  25,  1862;  ratifications  ex- 
changed May  20, 1862;  proclaimed  June  7, 1862. 

Aeticles. 


1.  Search  of  suspected  slavers  by 
war  vessels. 

II.  Authority  and  procedure. 

III.  Indemnity  for  losses. 

IV.  Mixed  courts  established. 

V.  Eeparation  for  wrongful  seizures. 

VI.  Evidences  of  slave  trading. 


VII.  No  compensation  to  vessels  with 
slave  equipments. 

VIII.  Disposal  of  vessels  condemned. 

IX.  Punishment  of  owners,  crew,  etc. 

X.  Release  of  negroes. 

XI.  Instructions  and  regulations. 

XII.  Ratification;  duration. 


The  United  States  of  America  and  Her  Majesty  the  Queen  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  being  desirous  to  ren- 
der more  effectual  the  means  hitherto  adopted  for  the  suppression  of 
the  slave  trade  carried  on  upon  the  coast  of  Africa,  have  deemed 
it  exjiedient  to  conclude  a treaty  for  that  purpose,  and  have  named 
as  their  Plenipotentiaries,  that  is  to  say : 

The  President  of  the  United  States  of  America,  William  H. 
Seward,  Secretary  of  State,  and  Her  Majesty  the  Queen  of  the  United 
Kingdom  of  Great  Britain  and  Ireland,  the  Eight  Honorable  Rich- 
ard Bickerton  Pemell,  Lord  Lyons,  a peer  of  her  United  Kingdom, 
a Knight  Grand  Cross  of  her  most  honorable  Order  of  the  Bath,  and 
her  Envoy  Extraordinary  and  Minister  Plenipotentiary  to  the  United 
States  of  America; 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers,  found  in  good  and  due  form,  have  agreed  upon  and  con- 
cluded the  following  articles; 

Article  I. 


The  two  high  contracting  parties  mutually  consent  that  those  ships 
of  their  respective  navies  which  shall  be  provided  with  special  in- 
struction for  that  purpose,  as  hereinafter  mentioned,  may  visit  such 
merchant  vessels  of  the  two  nations  as  may,  upon  reasonable  grounds, 
be  suspected  of  being  engaged  in  the  African  slave  trade,  or  of  hav- 
ing been  fitted  out  for  that  purpose ; or  of  having,  during  the  voyage 
on  which  they  are  met  by  the  said  cruisers,  been  engaged  in  the  Afri- 
can slave  trade,  contrary  to  the  provisions  of  this  treaty;  and  that 
such  cruisers  may  detain,  and  send  or  carry  away,  such  vessels,  in 
order  that  they  may  be  brought  to  trial  in  the  manner  hereinafter 
agreed  upon. 

In  order  to  fix  the  reciprocal  right  of  search  in  such  a manner  as 
shall  be  adapted  to  the  attainment  of  the  object  of  this  treaty,  and 
at  the  same  time  avoid  doubts,  disputes,  and  complaints,  the  said 
right  of  search  shall  be  understood  in  the  manner  and  according  to 
the  rules  following: 

First.  It  shall  never  be  exercised  except  by  vessels  of  war,  author- 
ized expressly  for  that  object,  according  to  the  stipulations  of  this 
treaty. 


See  convention  of  1870.  page  693,  and  General  Act,  page  1904. 


GEEAT  BRITAIN 1862. 


675 


Secondl5^  The  right  of  search  shall  in  no  case  be  exercised  with  re- 
spect to  a vessel  of  the  navy  of  either  of  the  two  Powers,  but  shall  be 
exercised  only  as  regards  merchant  vessels;  and  it  shall  not  be  exer- 
cised by  a vessel  of  war  of  either  contracting  party  within  the  limits 
of  a settlement  or  port,  nor  within  the  territorial  waters  of  the  other 
party. 

Thirdly.  Whenever  a merchant  vessel  is  searched  by  a ship  of  war, 
the  commander  of  the  said  ship  shall,  in  the  act  of  so  doing,  exhibit  to 
the  commander  of  the  merchant  vessel  the  special  instructions  by 
which  he  is  duly  authorized  to  search ; and  shall  deliver  to  such  com- 
mander a certificate,  signed  by  himself,  stating  his  rank  in  the  naval 
service  of  his  country,  and  the  name  of  the  vessel  he  commands,  and 
also  declaring  that  the  only  object  of  the  search  is  to  ascertain 
whether  the  vessel  is  employed  in  the  African  slave  trade,  or  is  fitted 
up  for  the  said  trade.  WTien  the  search  is  made  by  an  officer  of  the 
cruiser,  who  is  not  the  commander,  such  officer  shall  exhibit  to  the 
captain  of  the  merchant  vessel  a copy  of  the  before-mentioned  special 
instructions,  signed  by  the  commander  of  the  cruiser ; and  he  shall  in 
like  manner  deliver  a certificate  signed  by  himself,  stating  his  rank 
in  the  navy,  the  name  of  the  commander  by  whose  orders  he  proceeds 
to  make  the  search,  that  of  the  cruiser  in  which  he  sails,  and  the 
object  of  the  search,  as  above  described.  If  it  appears  from  the 
search  that  the  papers  of  the  vessel  are  in  regular  order,  and  that  it 
is  employed  on  lawful  objects,  the  officer  shall  enter  in  the  log-book 
of  the  vessel  that  the  search  has  been  made  in  pursuance  of  the  afore- 
said special  instructions;  and  the  vassel  shall  be  left  at  liberty  tcf  pur- 
sue its  voyage.  The  rank  of  the  officer  who  makes  the  search  must 
not  be  less  than  that  of  lieutenant  in  the  navy,  unless  the  command, 
either  by  reason  of  death  or  other  cause,  is  at  the  time  held  by  an 
officer  of  inferior  rank. 

Fourthly.  The  reciprocal  right  of  search  and  detention  shall  be 
exercised  only  within  the  distance  of  two  hundred  miles,  from  the 
coast  of  Africa,  and  to  the  southward  of  the  thirty-second  parallel  of 
north  latitude,  and  within  thirty  leagues  from  the  coast  of  the  island 
of  Cuba. 

Article  II. 

In  order  to  regulate  the  mode  of  carrying  the  provisions  of  the  pre- 
ceding article  into  execution,  it  is  agreed — 

First.  That  all  the  ships  of  the  navies  of  the  two  nations  which 
shall  be  hereafter  employed  to  prevent  the  African  slave  trade  shall 
be  furnished  by  their  respective  Governments  with  a copy  of  the 
present  treaty,  of  the  instructions  for  cruisers  annexed  thereto, 
(marked  A.)  and  of  the  regulations  for  the  mixed  courts  of  justice 
annexed  thereto,  (marked  B,)  which  annexes  respectively  shall  be 
considered  as  integral  parts  of  the  present  treaty. 

Secondly.  That  each  of  the  high  contracting  parties  shall,  from 
time  to  time,  communicate  to  the  other  the  names  of  the  several  ships 
furnished  with  such  insti’uctions,  the  force  of  each,  and  the  names  of 
their  several  commanders.  The  said  commanders  shall  hold  the  rank 
of  captain  in  the  navy,  or  at  least  that  of  lieutenant:  it  being  never- 
theless understood  that  tlie  instructions  originally  issued  to  an  officer 
holding  the  rank  of  lieutenant  of  the  navy,  or  other  superior  rank, 
shall,  in  case  of  his  death  or  temporary  absence,  be  sufficient  to  author- 


676 


TREATIES,  COKVEKTIOKS,  ETC. 


ize  the  officer  on  whom  the  command  of  the  vessel  has  devolved  to 
make  the  search,  although  such  an  officer  may  not  hold  the  aforesaid 
rank  in  the  service. 

Thirdly.  That  if  at  any  time  the  commander  of  a cruiser  of  either 
of  the  two  nations  shall  suspect  that  any  merchant  vessel  under  the 
escort  or  convoy  of  any  ship  or  ships  of  war  of  the  other  nation  car- 
ries negroes  on  board,  or  has  been  engaged  in  the  African  slave  trade, 
or  is  fitted  out  for  the  purpose  thereof,  the  commander  of  the  cruiser 
shall  communicate  his  suspicions  to  the  commander  of  the  convoy, 
who,  accompanied  by  the  commander  of  the  cruiser,  shall  proceed  to 
the  search  of  the  suspected  vessel;  and  in  case  the  suspicions  appear 
well  founded,  according  to  the  tenor  of  this  treaty,  then  the  said 
vessel  shall  be  conducted  or  sent  to  one  of  the  places  where  the  mixed 
courts  of  justice  are  stationed,  in  order  that  it  may  there  be  adjudi- 
cated upon. 

Fourthly.  It  is  further  mutually  agreed  that  the  commanders  of 
the  ships  of  the  two  navies,  respectively,  who  shall  be  employed  on 
this  service,  shall  adhere  strictly  to  the  exact  tenor  of  the  aforesaid 
instructions. 

Article  III. 

I 

As  the  two  preceding  articles  are  entirely  reciprocal,  the  two  high 
contracting  parties  engage  mutually  to  make  good  any  losses  which 
their  respective  subjects  or  citizens  may  incur  by  an  arbitrary  and 
illegal  detention  of  their  vessels;  it  being  understood  that  this  in- 
demnity shall  be  borne  by  the  Government  whose  cruiser  shall  have 
been  guilty  of  such  arbitrary  and  illegal  detention;  and  that  the 
search  and  detention  of  vessels  specified  in  the  first  article  of  this 
treaty  shall  be  elfected  only  by  ships  which  may  form  part  of  the  two 
navies,  respectively,  and  by  such  of  those  ships  only  as  are  provided 
with  the  special  instructions  annexed  to  the  present  treaty,  in  pur- 
suance of  the  provisions  thereof.  The  indemnification  for  the  dam- 
ages of  which  this  article  treats  shall  be  paid  within  the  term  of  one 
year,  reckoning  from  the  day  in  which  the  mixed  court  of  justice 
pronounces  its  sentence. 

Article  IV. 

In  order  to  bring  to  adjudication  with  as  little  delay  and  inconven- 
ience as  possible  the  vessels  which  may  be  detained  according  to  the 
tenor  of  the  first  article  of  this  treaty,  there  shall  be  established,  as 
soon  as  may  be  practicable,  three  mixed  courts  of  justice,  formed  of 
an  equal  number  of  individuals  of  the  two  nations,  named  for  this 
purpose  by  their  respective  Governments.  These  courts  shall  reside, 
one  at  Sierra  Leone,  one  at  the  Cape  of  Good  Hope,  and  one  at  New 
York. 

But  each  of  the  two  high  contracting  parties  reserves  to  itself  the 
right  of  changing,  at  its  pleasure,  the  place  of  residence  of  the  court 
or  courts  held  within  its  own  territories. 

These  courts  shall  judge  the  causes  submitted  to.them  according  to 
the  provisions  of  the  present  treaty,  and  according  to  the  regulations 
and  instructions  Avhich  are  annexed  to  the  present  treaty,  and  which 
are  considered  an  integral  part  thereof;  and  there  shall  be  no  apjieal 
from  their  decision.® 


“Abolished.  See  convention  of  1870,  page  693. 


GREAT  BRITAIN 1862. 


677 


Article  V. 

In  case  the  commanding  officer  of  any  of  the  ships  of  the  navies  of 
either  country,  duly  commissioned  according  to  the  provisions  of  the 
first  article  of  this  treaty,  shall  deviate  in  any  respect  from  the  stipu- 
lations of  the  said  treaty,  or  from  the  instructions  annexed  to  it,  the 
Government  which  shall  conceive  itself  to  be  ivronged  thereby  shall 
be  entitled  to  demand  reparation;  and  in  such  case  the  Government  to 
which  such  commanding  officer  may  belong  binds  itself  to  cause 
inquiry  to  be  made  into  the  subject  of  the  complaint,  and  to  inflict 
upon  the  said  officer  a punishment  proportioned  to  any  wilful  trans- 
gression which  he  may  be  proved  to  have  committed. 

Article  VI. 

It  is  hereby  further  mutually  agreed  that  every  American  or  British 
merchant  vessel  which  shall  be  searched  by  virtue  of  the  present 
treaty,  may  lawfully  be  detained,  and  sent  or  brought  before  the 
mixed  courts  of  justice  established  in  pursuance  of  the  provisions 
thereof,  if,  in  her  equipment,  there  shall  be  found  any  of  the  things 
hereinafter  mentioned,  namely: 

1st.  Hatches  with  open  gratings,  instead  of  the  close  hatches,  which 
are  usual  in  merchant  vessels. 

2nd.  Divisions  or  bulkheads  in  the  hold  or  on  deck,  in  greater  num- 
ber than  are  necessary  for  vessels  engaged  in  lawful  trade. 

3rd.  Spare  plank  fitted  for  laying  down  as  a second  or  slave  deck. 

4th.  Shackles,  bolts,  or  handcuffs. 

5th.  A larger  quantity  of  water  in  casks  or  in  tanks  than  is  requisite 
for  the  consumption  of  the  crew  of  the  vessel  as  a merchant  vessel. 

Cth.  An  extraordinary  number  of  water-casks,  or  of  other  vessels 
for  holding  liquid ; unless  the  master  shall  produce  a certificate  from 
the  custom  house  at  the  place  from  which  he  cleared  outwards,  stating 
that  a sufficient  security  had  been  given  by  the  owners  of  such  vessel 
that  such  extra  quantity  of  casks,  or  of  other  vessels,  should  be  used 
only  to  hold  palm-oil,  or  for  other  purposes  of  lawful  commerce. 

7th.  A greater  number  of  mess-tubs  or  kids  than  requisite  for  the 
use  of  the  crew  of  the  vessel  as  a merchant  vessel. 

8th.  A boiler,  or  other  cooking  apparatus,  of  an  unusual  size,  and 
larger,  or  capable  of  being  made  larger,  than  requisite  for  the  use  of 
the  crew  of  the  vessel  as  a merchant  vessel ; or  more  than  one  boiler, 
or  other  cooking  apparatus,  of  the  ordinary  size. 

9th.  An  extraordinary  quantity  of  rice,  of  the  flour  of  Brazil,  of 
manioc  or  cassada,  commonly  called  farinha,  of  maize,  or  of  Indian 
corn,  or  of  any  other  article  of  food  whatever,  beyond  the  probable 
wants  of  the  crew ; unless  such  rice,  flour,  farinha,  maize,  Indian  corn, 
or  other  article  of  food  be  entered  on  the  manifest  as  part  of  the  cargo 
for  trade. 

10th.  A quantity  of  mats  or  matting  greater  than  is  necessary  for 
the  use  of  the  crew  of  the  vessel  as  a merchant  vessel ; unless  such  mats 
or  matting  be  entered  on  the  manifest  as  part  of  the  cargo  for  trade. 

If  it  be  proved  that  any  one  or  more  of  the  articles  above  specified 
is  or  are  on  board,  or  have  been  on  board  during  the  voyage  in  which 
the  vessel  was  captured,  that  fact  shall  be  considered  as  prima-facie 
evidence  that  the  vessel  was  employed  in  the  African  slave  trade,  and 


678 


TREATIES,  CONVENTIONS,  ETC. 


she  shall  in  consequence  be  condemned  and  declared  lawful  prize; 
unless  the  master  or  owners  shall  furnish  clear  and  incontrovertible 
evidence,  proving  to  the  satisfaction  of  the  mixed  court  of  justice, 
that  at  the  time  of  her  detention  or  capture  the  vessel  was  employed 
in  a lawful  undertaking,  and  that  such  of  the  different  articles  above 
specified  as  were  found  on  board  at  the  time  of  detention,  or  as  maj' 
have  been  embarked  during  the  voyage  on  which  she  was  engaged 
when  captured,  were  indispensable  for  the  lawful  object  of  her  voyage. 

Article  VII. 

If  any  one  of  the  articles  specified  in  the  preceding  article  as 
grounds  for  condemnation  should  be  found  on  board  a merchant  ves- 
sel, or  should  be  proved  to  have  been  on  board  of  her  during  the  voy- 
age on  which  she  was  captured,  no  compensation  for  losses,  damages, 
or  expenses  consequent  upon  the  detention  of  such  vessel  shall,  in  any 
case,  be  granted  either  to  the  master,  the  owner,  or  any  other  person 
interested  in  the  equipment  or  in  the  lading,  even  though  she  should 
not  be  condemned  by  the  mixed  court  of  justice. 

Article  VIII. 

It  is  agreed  between  the  two  high  contracting  parties  that  in  all 
cases  in  which  a vessel  shall  be  detained  under  this  treaty,  by  their 
respective  cruisers,  as  having  been  engaged  in  the  African  slave  trade, 
or  as  having  been  fitted  out  for  the  purposes  thereof,  and  shall  con- 
sequently be  adjudged  and  condemned  by  one  of  the  mixed  courts  of 
justice  to  be  established  as  aforesaid,  the  said  vessel  shall,  immediately 
after  its  condemnation,  be  broken  up  entirely,  and  shall  be  sold  in 
separate  parts,  after  having  been  so  broken  up;  unless  either  of  the 
two  Governments  should  wish  to  purchase  her  for  the  use  of  its  navy, 
at  a price  to  be  fixed  by  a competent  person  chosen  for  that  purpose 
bv  the  mixed  court  of  justice;  in  which  case  the  Government  whose 
cruiser  shall  have  detained  the  condemned  vessel  shall  have  the  first 
option  of  purchase. 

Article  IX. 

The  captain,  master,  pilot,  and  crew  of  any  ve^el  condemned  by  the 
mixed  courts  of  justice  shall  be  punished  according  to  the  laws  of  the 
country  to  which  such  vessel  belongs,  as  shall  also  the  owner  or 
owners'  and  the  persons  interested  in  her  equipment  or  cargo,  unless 
they  prove  that  they  had  no  pai’ticipation  in  the  enterprise. 

For  this  purpose  the  two  high  contracting  parties  agree  that,  in  so 
far  as  it  may  not  be  attended  with  grievous  expense  and  inconvenience, 
the  master  and  crew  of  any  vessel  which  may  be  condemned  by  a sen- 
tence of  one  of  the  mixed  courts  of  justice,  as  well  as  any  other  persons 
found  on  board  the  vessel,  shall  be  sent  and  delivered  up  to  the  juris- 
diction of  the  nation  under  whose  flag  the  condemned  vessel  was 
sailing  at  the  time  of  capture;  and  that  the  witnesses  and  proofs 
necessary  to  establish  the  guilt  of  such  master^  ci’ew,  or  othei  persons 
shall  also  be  sent  with  them. 

The  same  course  shall  be  pursued  with  regard  to  subjects  or  citizens 
of  either  contracting  party  who  may  be  found  by  a cruiser  of  the 
other  on  board  a vessel  of  any  third  Power,  or  on  board  a vessel  sailing 
without  flag  or  papers,  which  may  be  condemned  by  any  competent 
court  for  having  engaged  in  the  African  slave  trade. 


GBEAT  BRITAIN 1862. 


679 


Article  X. 

The  negi’oes  who  are  found  on  board  of  a vessel  condemned  by  the 
mixed  courts  of  justice,  in  conformity  with  the  stipulations  of  this 
treaty,  shall  be  placed  at  the  disposal  of  the  Government  whose 
cruiser  has  made  the  capture.  They  shall  be  immediately  set  at 
liberty,  and  shall  remain  free,  the  Government  to  whom  they  have 
been  delivered  guaranteeing  their  liberty. 

Article  XI. 

The  acts  or  instruments  annexed  to  this  treaty,  and  which  it  is 
mutually  agreed  shall  form  an  integral  part  thereof,  are  as  follows : 

(A.)  Instructions  for  the  ships  of  the  navies  of  both  nations,  des- 
tined to  prevent  the  African  slave  trade. 

(B.)  Kegulations  for  the  mixed  courts  of  justice. 

Ajiticle  XII. 

The  present  treaty  shall  be  ratified,  and  the  ratifications  thereof 
shall  be  exchanged  at  London,  in  six  months  from  this  date,  or  sooner 
if  possible.  It  shall  continue  and  remain  in  full  force  for  the  term  of 
ten  yeai-s  from  the  day  of  exchange  of  the  ratifications,  and  further, 
until  the  end  of  one  year  after  either  of  the  contracting  parties  shall 
have  given  notice  to  the  other  of  his  intention  to  terminate  the  same, 
each  of  the  contracting  parties  reserving  to  itself  the  right  of  giving 
such  notice  to  the  other  at  the  end  of  said  term  of  ten  years ; and  it  is 
hereby  agreed  between  them  that,  on  the  expiration  of  one  year  after 
such  notice  shall  been  received  by  either  from  the  other  party,  this 
treaty  shall  altogether  cease  and  determine. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
present  treaty,  and  have  thereunto  affixed  the  seal  of  their  arms. 

Done  at  A^^ishington  the  seventh  day  of  April,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-two. 

[seal.]  William  H.  Seward. 

[seal.]  Lyons. 


ANNEX  (a)  to  the  TREATY  BETWEEN  THE  UNITED  STATES  OF  AMERICA 
AND  GREAT  BRITAIN,  FOR  THE  SUPPRESSION  OF  THE  AFRICAN  SLAVE 
TRADE.  SIGNED  AT  WASHINGTON  ON  THE  7tH  DAY  OF  APRIL,  1862.“ 

Instructions  for  the  ships  of  the  United  States  and  Bintish  navies 
employed  to  prevent  the  African  slave  trade. 

Article  I. 

The  commander  of  any  ship  belonging  to  the  United  States  or 
British  navy  which  shall  be  furnished  with  these  instructions  shall 
have  a right  to  search  and  detain  any  United  States  or  British  mer- 
chant vessel  which  shall  be  actually  engaged,  or  suspected  to  be  en- 
gaged, in  the  African  slave  trade,  or  to  be  fitted  out  for  the  purposes 

“ Superseded  by  treaty  of  1870  and  by  instructions  annexed  thereto. 


680 


TREATIES,  CONTENTIOlfS,  ETC. 


thereof,  or  to  have  been  enjxagecl  in  such  trade  during  the  voyage  in 
which  she  may  be  met  with  by  such  ship  of  the  United  States  or 
British  navy ; and  such  commander  shall  thereupon  bring  or  send  such 
merchant  vessel  (save  in  the  case  provided  for  in  Article  V of  these 
instructions)  as  soon  as  possible  for  judgment  before  one  of  the  three 
mixed  courts  of  justice  established  in  virtue  of  the  IVth  article  of  the 
said  treaty,  that  is  to  say: 

If  the  vessel  shall  be  detained  on  the  coast  of  Africa,  she  shall  be 
brought  before  that  one  of  the  two  mixed  courts  of  justice  to  be  estab- 
lished at  the  Cajie  of  Good  Hope  and  at  Sierra  Leone  which  may  be 
nearest  to  the  place  of  detention,  or  which  the  captor,  on  his  own 
responsibility,  may  think  can  be  soonest  reached  from  such  place. 

If  the  vessel  shall  be  detained  on  the  coast  of  the  Island  of  Cuba, 
she  shall  be  brought  before  the  mixed  court  of  justice  at  New  York. 

ArttcliE  II. 

Whenever  a ship  of  either  of  the  two  navies,  duly  authorized  as 
aforesaid,  shall  meet  a merchant  vessel  liable  to  be  searched  under  the 
provisions  of  the  said  treaty,  the  search  shall  be  conducted  with  the 
courtesy  and  consideration  which  ought  to  be  observed  between  allied 
and  friendly  nations;  and  the  search  shall,  in  all  cases,  be  made  by 
an  officer  holding  a rank  not  lower  than  that  of  lieutenant  in  the  navy, 
or  by  the  officer  who  at  the  time  shall  be  second  in  command  of  the 
ship  by  which  such  search  is  made. 

Article  HI. 

The  commander  of  any  ship  of  the  two  navies,  duly  authorized  as 
aforesaid,  who  may  detain  any  merchant -vessel  in  pursuance  of  the 
tenor  of  the  present  instructions,  shall  leave  on  board  the  vessel  so 
detained  the  master,  the  mate  or  boatswain,  and  two  or  three,  at  least, 
of  the  crew,  the  whole  of  the  negroes,  if  any,  and  all  the  cargo.  The 
captor  shall,  at  the  time  of  detention,  draw  up,  in  writing,  a declara- 
tion, which  shall  exhibit  the  state  in  which  he  found  the  detained 
vessel.  Such  declaration  shall  be  signed  by  himself,  and  shall  be 
given  in  or  sent,  together  with  the  captured  vessel,  to  the  mixed  court 
of  justice  before  which  such  vessel  shall  be  carried  or  sent  for  adjudi- 
cation. He  shall  deliver  to  the  master  of  the  detained  vessel  a signed 
and  certified  list  of  the  papers  found  on  board  the  same,  as  well  as  a 
certificate  of  the  number  of  negroes  found  on  board  at  the  moment  of 
detention. 

In  the  declaration  which  the  captor  is  hereby  required  to  make,  as 
well  as  in  the  certified  list  of  the  papers  seized,  and  in  the  certificate 
of  the  number  of  negroes  found  on  board  the  detained  vessel,  he  shall 
insert  his  own  name  and  surname,  the  name  of  the  capturing  ship,  and 
the  latitude  and  longitude  of  the  place  where  the  detention  shall  have 
been  made. 

The  officer  in  charge  of  the  detained  vessel  shall,  at  the  time  of 
bringing  the  vessel’s  papers  into  the  mixed  court  of  justice,  deliver  into 
the  court  a certificate,  signed  by  himself  and  verified  on  oath,  stating 
any  changes  which  may  have  taken  place  in  respect  to  the  vassel,  her 
crew,  the  negroes,  if  any,  and  her  cargo,  between  the  period  of  her 
detention  and  the  time  of  delivering  in  such  paper. 


GREAT  BRITAIN 1862. 


681 


Article  IV. 

If  urgent  reasons  arising  from  the  length  of  the  voyage,  the  state 
of  health  of  the  negroes,  or  any  other  cause,  should  require  that  either 
the  whole  or  a portion  of  such  negroes  should  be  disembarked  before 
the  vessel  can  arrive  at  the  place  at  which  one  of  the  mixed  courts  of 
justice  is  established,  the  commander  of  the  capturing  ship  may  take 
upon  himself  the  responsibility  of  so  disembarking  the  negroes,  pro- 
vided the  necessity  of  the  disembarkation,  and  the  causes  thereof,  be 
stated  in  a certificate  in  proper  form.  Such  certificate  shall  be  drawn 
up  and  entered  at  the  time  on  the  log-book  of  the  detained  vessel. 

Article  V. 

In  case  any  merchant  vessel  detained  in  pursuance  of  the  present 
instructions  should  prove  to  be  unseaworthy,  or  in  such  a condition 
as  not  to  be  taken  to  one  of  the  three  ports  where  the  mixed  courts  of 
justice  are  to  be  established  in  pursuance  of  the  treaty  of  this  date, 
the  commander  of  the  detaining  cruiser  may  take  upon  himself  the 
responsibility  of  abandoning  or  destroying  her,  provided  the  exact 
causes  which  made  such  a step  imperatively  necessary  be  stated  in  a 
certificate  verified  on  oath.  Such  certificate  shall  be  drawn  up  and 
formally  executed  in  duplicate  at  the  time. 

In  case  of  the  abandonment  or  destruction  of  a detained  vessel, 
the  master  and  crew,  together  with  the  negroes  and  papers  found  on 
board,  and  one  copy  of  the  sworn  certificate  mentioned  in  the  preced- 
ing paragraph  of  this  article,  shall  be  sent  and  delivered  to  the  proper 
mixed  court  of  justice  at  the  earliest  possible  moment. 

The  undersigned  Plenipotentiaries  have  agreed,  in  conformity  with 
the  Xlth  article  of  the  treaty  signed  by  them  on  this  day,  that  the 
present  instructions  shall  be  annexed  to  the  said  treaty  and  be  con- 
sidered an  integral  part  thereof. 

Done  at  Washington  the  seventh  day  of  April,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-two. 

[seal.]  William  H.  Seward. 

[seal.]  Lyons. 


ANNEX  (b)  to  the  TREATY  BETWEEN  THE  UNITED  STATES  OF  AMERICA 

AND  GREAT  BRITAIN,  FOR  THE  ABOLITION  OF  THE  AFRICAN  SLAVE  TRADE. 

SIGNED  AT  WASHINGTON  ON  THE  7tH  DAY  OF  APRIL,  1862.“ 

Regulations  for  the  mixed  courts  of  justice. 

Article  I. 

The  mixed  courts  of  justice  to  be  established  under  the  provisions 
of  the  treaty  of  which  these  regulations  are  declared  to  be  an  integral 
part,  shall  be  composed  in  the  following  manner: 

The  two  high  contracting  parties  shall  each  name  a judge  and  an 
arbitrator,  who  shall  be  authorized  to  hear  and  to  decide,  without 
appeal,  all  cases  of  capture  or  detention  of  vessels  which,  in  pur- 
suance of  the- stipulations  of  the  aforesaid  treaty,  shall  be  brought 
before  them. 


“Superseded  by  treaty  of  1870  and  by  instructions  annexed  thereto. 


682 


TREATIES,  CONVENTIONS,  ETC. 


The  judges  and  the  arbitrators  shall,  before  they  enter  upon  the 
duties  of  theii-  office,  respectively  make  oath  before  the  principal 
magistrate  of  the  place  in  which  such  courts  shall  respectively  reside, 
that  they  will  judge  fairly  and  faithfully;  that  they  will  have  no 
preference  either  for  claimant  or  for  captor;  and  that  they  will  act 
in  all  their  decisions  in  pursuance  of  the  stipulations  of  the  afore- 
said treaty. 

There  shall  be  attached  to  each  of  such  courts  a secretary  or  regis- 
trar, who  shall  be  appointed  by  the  party  in  whose  teri’itories  such 
court  shall  reside.  Such  secretary  or  registrar  shall  register  all  the 
acts  of  the  court  to  which  he  is  appointed ; and  shall,  before  he  enters 
upon  his  office,  make  oath  before  the  court  that  he  will  conduct  him- 
self with  due  respect  for  its  authority,  and  will  act  with  fidelity  and 
impartiality  in  all  matters  relating  to  his  office. 

The  salaries  of  the  judges  and  arbitrators  shall  be  paid  by  the 
Governments  by  whom  they  are  appointed. 

The  salary  of  the  secretary  or  registrar  of  the  court  to  be  estab- 
lished in  the  territories  of  the  United  States  shall  be  paid  by  the 
United  States  Government;  and  that  of  the  secretaries  or  registrars 
of  the  two  courts  to  be  estalblished  in  the  territories  of  Great  Britain 
shall  be  paid  by  Her  Britannic  Majesty. 

Each  of  the  two  Governments  shall  defray  half  of  the  aggregate 
amount  of  the  other  expenses  of  such  courts. 

Article  II. 

The  expenses  incurred  by  the  officer  charged  with  the  reception, 
maintenance,  and  care  of  the  detained  vessel,  negroes,  and  cargo,  and 
with  the  execution  of  the  sentence,  and  all  disbursments  occasioned 
by  bringing  a vessel  to  adjudication,  shall,  in  case  of  condemnation, 
be  defrayed  from  the  funds  arising  out  of  the  sale  of  the  materials 
of  the  vessel,  after  the  vessel  shall  have  been  bi’oken  up,  of  the  ship’s 
stores,  and  of  such  parts  of  the  cargo  as  shall  consist  of  merchandise. 
And  in  case  the  proceeds  arising  out  of  this  sale  should  not  prove 
sufficient  to  defray  such  expenses,  the  deficiency  shall  be  made  good 
by  the  Government  of  the  country  within  whose  territories  the  adjudi- 
cation shall  have  taken  place. 

If  the  detained  vessel  shall  be  released,  the  expenses  occasioned 
by  bringing  her  to  adjudication  shall  be  defrayed  by  the  captor,  ex- 
cept in  the  cases  specified  and  otherwise  provided  for  under  Article 
VII  of  the  treaty  to  which  these  regulations  form  an  amiex,  and 
under  Article  VII  of  these  regulations. 

Article  III. 

The  mixed  courts  of  justice  are  to  decide  upon  the  legality  of  the 
detention  of  such  vessels  as  the  cruisers  of  either  nation  shall  detain 
in  pursuance  of  said  treaty. 

The  said  courts  shall  adjudge  definitively,  and  without  appeal,  all 
questions  which  shall  arise  out  of  the  capture  and  detention  of  such 
vessels. 

The  proceedings  of  the  courts  shall  take  place  as  summarily  as 
possible;  and  for  this  purpose  the  courts  are  required  to  decide  each 
case,  as  far  as  may  be  practicable,  within  the  space  of  twenty  days, 
to  be  dated  from  the  day  on  which  the  detained  vessels  shall  have 
been  brought  into  the  port  where  the  deciding  court  shall  reside. 


GREAT  BRITAIN 1862. 


683 


The  final  sentence  shall  not  in  any  case  be  delayed  beyond  the 
period  of  two  months,  either  on  account  of  the  absence  of  witnesses 
or  for  any  other  cause,  except  upon  the  application  of  any  of  the 
parties  interested ; but  in  that  case,  ujjon  such  party  or  parties  giving 
satisfactory  security  that  they  will  take  upon  themselves  the  expense 
and  risks  of  the  delay,  the  courts  in^y,  at  their  discretion,  grant  an 
additional  delay,  not  exceeding  four  months. 

Each  party  shall  be  allowed  to  employ  such  counsel  as  he  may 
think  fit,  to  assist  him  in  the  conduct  of  his  cause. 

All  the  acts  and  essential  parts  of  the  proceedings  of  the  said 
courts  shall  be  committed  to  writing  and  be  placed  upon  record. 

Article  IV. 

The  form  of  the  process,  or  mode  of  proceeding  to  judgment,  shall 
be  as  follows : 

The  judges  appointed  by  the  two  Governments,  respectively,  shall 
in  the  first  place  proceed  to  examine  the  papers  of  the  detained  vessel, 
and  shall  take  the  depositions  of  the  master  or  commander,  and  of 
two  or  three,  at  least,  of  the  principal  individuals  on  board  of  such 
vessel ; and  shall  also  take  the  declaration  on  oath  of  the  captor,  if  it 
should  appear  to  them  necessary  to  do  so,  in  order  to  judge  and  to  pro- 
nounce whether  the  said  vessel  has  been  justly  detained  or  not,  ac- 
cording to  the  stipulations  of  the  aforesaid  treaty,  and  in  order  that, 
according  to  such  judgment,  the  vessel  may  be  condemned  or  released. 
In  the  event  of  the  two  judges  not  agreeing  as  to  the  sentence  which 
they  ought  to  pronounce  in  any  case  brought  before  them,  whether 
with  respect  to  the  legality  of  the  detention,  or  the  liability^  of  the 
vessel  to  condemnation,  or  as  to  the  indemnification  to  be  allowed,  or 
as  to  am'  other  question  which  may  arise  out  of  the  said  capture ; or 
in  case  any  difference  of  opinion  should  arise  between  them  as  to  the 
mode  of  proceeding  in  the  said  court,  they  shall  draw  by  lot  the  name 
of  one  of  the  two  arbitrators  so  appointed  as  aforesaid,  which  arbi- 
trator, after  having  considered  the  proceedings  which  have  taken 
place,  shall  consult  with  the  two  judges  on  the  case;  and  the  final  sen- 
tence or  decision  shall  be  pronounced  conformably  to  the  opinion  of 
the  majority  of  the  three. 

Article  V. 

If  the  detained  vessel  shall  be  restored  by  the  sentence  of  the  court, 
the  vessel  and  the  cargo,  in  the  state  in  which  they  shall  then  be 
found,  (with  the  exception  of  the  negi’oes  found  on  board,  if  such 
negroes  shall  have  been  previously  disembarked  under  the  provisions 
of  Articles  IV  and  V of  the  instructions  annexed  to  the  treaty  of 
this  date,)  shall  forthwith  be  given  up  to  the  master,  or  to  the  person 
who  represents  him ; and  such  master  or  other  person  may,  before  the 
same  court,  claim  a valuation  of  the  damages  which  he  may  have  a 
right  to  demand.  The  captor  himself,  and,  in  his  default,  his  Gov- 
ernment, shall  remain  responsible  for  the  damages  to  which  the  mas- 
ter of  such  vessel,  or  the  owners  either  of  the  vessel  or  of  her  cargo, 
may  be  pronounced  to  be  entitled. 

The  two  high  contracting  parties  bind  themselves  to  pay,  within  the 
term  of  a y'ear  from  the  date  of  the  sentence,  the  costs  and  damages 


684 


TREATIES,  CONVENTIONS,  ETC. 


which  may  be  awarded  by  the  court;  it  being  mutually  agreed  that 
such  costs  and  damages  shall  be  paid  by  the  Goverimienl  of  the  coun- 
try of  which  the  captor  shall  be  a subject. 

Article  VI. 

If  the  detained  vessel  shall  be  (Condemned,  she  shall  be  declared  law- 
ful iirize,  together  with  her  cargo,  of  whatever  description  it  may  be, 
with  the  exception  of  the  negi’oes  who  shall  have  been  brought  on 
board  for  the  purpose  of  trade;  and  the  said  vessel,  subject  to  the 
stipulations  in  the  Vlllth  article  of  the  treaty  of  this  date,  shall,  as 
well  as  her  cargo,  be  sold  by  public  sale  for  the  profit  of  the  two  Gov- 
ernments, subject  to  the  payment  of  the  expenses  hereinafter  men- 
tioned. 

The  negroes  who  may  not  previously  have  been  disembarked  shall 
receive  from  the  court  a certificate  of  emancipation,  and  shall  be  de- 
livered over  to  the  Government  to  whom  the  cruiser  which  made  the 
capture  belongs,  in  order  to  be  forthwith  set  at  liberty. 

Article  VII. 

The  mixed  courts  of  justice  shall  also  take  cognizance  of,  and  shall 
decide  definitively  and  without  appeal,  all  claims  for  compensation 
on  account  of  losses  occasioned  to  vessels  and  cargoes  which  shall 
have  been  detained  under  the  provisions  of  this  treaty,  but  which 
shall  not  have  been  condemned  as  legal  prize  by  the  said  courts ; and 
in  all  cases  wherein  restitution  of  such  vessels  and  cargoes  shall  be 
decreed,  save  as  mentioned  in  the  Vllth  article  of  the  treaty  to 
which  these  regulations  form  an  annex,  and  in  a subsequent  part  of 
these  regulations,  the  court  shall  award  to  the  claimant  or  claimants, 
or  to  his  or  their  lawful  attorney  or  attorneys,  for  his  or  their  use,  a 
just  and  complete  indemnification  for  all  costs  of  suit,  and  for  all  losses 
and  damages  which  the  owner  or  owners  may  have  actually  sustained 
by  such  capture  and  detention;  and  it  is  agreed  that  the  indemnifi- 
cation shall  be  as  follows: 

First.  In  case  of  total  loss,  the  claimant  or  claimants  shall  be  in- 
demnified— 

(A.)  For  the  ship,  her  tackle,  equipment,  and  stores. 

(B.)  For  all  freights  due  and  payable. 

(C.)  For  the  value  of  the  cargo  of  merchandise,  if  any,  deducting 
all  charges  and  expenses  which  would  have  been  payable  upon  the 
sale  of  such  cargo,  including  commission  of  sale. 

(D.)  For  all  other  regular  charges  in  such  case  of  total  loss. 

Secondly.  In  all  other  cases  (save  as  hereinafter  mentioned)  not 
of  total  loss,  the  claimant  or  claimants  shall  be  indemnified — 

(A.)  For  all  special  damages  and  expenses  occasioned  to  the  ship 
by  the  detention,  and  for  loss  of  freight,  when  due  or  payable. 

(B.)  For  demurrage  when  due,  according  to  the  schedule  annexed 
to  the  present  article. 

(C.)  For  any  deterioration  of  the  cargo. 

(D.)  For  ali  premium  of  insurance  on  additional  risks. 

The  claimant  or  claimants  shall  be  entitled  to  interest  at  the  rate  of 
5 (five)  per  cent,  per  annum  on  the  sum  awarded,  until  such  sum  is 
paid  by  the  Government  to  which  the  capturing  ship  belongs.  The 


GREAT  BRITAIN 1862. 


685 


whole  amount  of  such  indemnifications  shall  be  calculated  in  the 
money  of  the  country  to  which  the  detained  vessel  belongs,  and  shall 
be  liquidated  at  the  exchange  current  at  the  time  of  the  award. 

The  two  high  contracting  parties,  however,  have  agreed,  that  if  it 
shall  be  proved  to  the  satisfaction  of  the  judges  of  the  two  nations, 
and  without  having  recourse  to  the  decision  of  an  arbitrator,  that  the 
captor  has  been  led  into  error  by  the  fault  of  the  master  or  comman- 
der of  the  detained  vessel,  the  detained  vessel  in  that  case  shall  not 
have  the  right  of  receiving,  for  the  time  of  her  detention,  the  de- 
murrage stipulated  by  the  present  article,  nor  any  other  compensation 
for  losses,  damages,  or  expenses  consequent  upon  such  detention. 


Schedule  of  demm^age  or  daily  allowance  for  a vessel  of — 


100  tons  tc 

. 120, 

inclusive 

__  J£5 

per  diem 

121 

150, 

U 

6 

44 

151 

U 

170, 

4C 

_ 8 

44 

171 

(( 

200, 

44 

_ 10 

44 

201 

u 

220, 

44 

_ 11 

44 

221 

250, 

44 

_ 12 

44 

251 

u 

270, 

44 

_ 14 

44 

271 

u 

300, 

44 

_ 15 

44 

And 

so  on 

in  proportion. 

Article  VIII. 


Neither  the  judges,  nor  the  arbitrators,  nor  the  secretaries  or  regis- 
trars of  the  mixed  courts  of  justice,  shall  demand  or  receive  from  any 
of  the  parties  concerned  in  the  cases  which  shall  be  brought  before 
such  courts  any  emolument  or  gift,  under  any  pretext  whatsoever,  for 
the  performance  of  the  duties  which  such  judges,  arbitrators,  and 
secretaries  or  registrars  have  to  perform. 

Article  IX. 

The  two  high  contracting  parties  have  agreed  that,  in  the  event  of 
the  death,  sickness,  absence  on  leave,  or  any  other  legal  impediment 
of  one  or  more  of  the  judges  or  arbitrators  composing  the  above- 
mentioned  courts,  respectively,  the  post  of  such  judge  or  arbitrator 
shall  be  supplied,  ad  interim,  in  the  following  manner : 

First.  On  the  part  of  the  United  States,  and  in  that  court  which 
shall  sit  within  their  territories : If  the  vacancy  be  that  of  the  United 
States  judge,  his  place  shall  be  filled  by  the  United  States  arbritrator; 
and  either  in  that  case,  or  in  case  the  vacancy  be  originally  that  of 
the  United  States  arbitrator,  the  place  of  such  arbitrator  shall  be 
filled  by  the  judge  of  the  United  States  for  the  southern  district  of 
New  York;  and  the  said  court,  so  constituted  as  above,  shall  sit,  and, 
in  all  cases  brought  before  them  for  adjudication,  shall  proceed  to 
adjudge  the  same  and  pass  sentence  accordingly. 

Secondly.  On  the  part  of  the  United  States  of  America,  and  in 
those  courts  which  shall  sit  within  the  possessions  of  Her  Britannic 
Majesty:  If  the  vacancy  be  that  of  the  United  States  judge,  his  place 
shall  be  filled  by  the  United  States  arbitrator ; and  either  m that  case, 
or  in  case  the  vacancy  be  originally  that  of  the  United  States  arbi- 
trator, his  place  shall  be  filled  by  the  United  States  Consul,  or,  in  the 


686 


TREATIES,  CONVENTiUXS,  ETC. 


unavoidable  absence  of  the  Consul,  by  the  United  States  Vice-Consul. 
In  case  the  vacancy  be  both  of  the  United  States  judge  and  of  the 
United  States  arbitrator,  then  the  vacancy  of  the  judge  shall  be  filled 
by  the  United  States  Consul,  and  that  of  the  United  States  arbitrator 
by  the  United  States  Vice-Consul.  But  if  there  be  no  United  States 
Consul  or  Vice-Consul  to  fill  the  place  of  the  United  States  arbitrator, 
then  the  British  arbitrator  shall  be  called  in  in  those  cases  in  which 
the  United  States  arbitrator  would  be  called  in;  and  in  case  the 
vacancy  be  both  of  the  United  States  judge  and  of  the  United  States 
arbitrator,  and  there  be  neither  United  States  Consul  nor  Vice-Consul 
to  fill  ad  interim  the  vacancies,  then  the  British  judge  and  the  British 
arbitrator  shall  sit,  and,  in  all  cases  brought  before  them  for  adjudi- 
cation, shall  proceed  to  adjudge  the  same  and  pass  sentence  accord- 
ingly; 

Thirdly.  On  the  part  of  Her  Britannic  Majesty,  and  in  those  courts 
which  shall  sit  within  the  possessions  of  her  said  Majesty:  If  the  va- 
cancj^  be  that  of  the  British  judge,  his  place  shall  be  filled  by  the 
British  arbitrator;  and  either  in  that  case,  or  in  case  the  vacancy  be 
originally  that  of  the  British  arbitrator  the  place  of  such  arbitrator 
shall  be  filled  by  the  Governor  or  Lieutenant  Governor  resident  in 
such  possession ; in  his  unavoidable  absence,  by  the  principal  magis- 
trate of  the  same;  or  in  the  iina voidable  absence  of  the  principal 
magistrate,  by  the  secretary  of  the  Government ; and  the  said  court  so 
constituted  as  above,  shall  sit,  and,  in  all  cases  brought  before  it  for 
adjudication,  shall  proceed  to  adjudge  the  same,  and  to  pass  sentence 
accordingly. 

Fourthly.  On  the  part  of  Great  Britain,  and  in  that  court  which 
shall  sit  within  the  territories  of  the  United  States  of  America : If 
the  vacancy  be  that  of  the  British  judge,  his  place  shall  be  filled  by 
the  British  arbitrator;  and  either  in  that  case  or  in  case  the  vacancy 
be  originally  that  of  the  British  arbitrator,  his  place  shall  be  filled 
by  the  British  Consul ; or  in  the  unavoidable  absence  of  the  Consul, 
by  the  British  Vice-Consul;  and  in  case  the  vacancy  be  both  of  the 
British  judge  and  of  the  British  arbitrator,  then  the  vacancy  of  the 
British  judge  shall  be  filled  by  the  British  Consul,  and  that  of  the 
British  arbitrator  by  the  British  Vice-Consul.  But  if  there  be  no 
British  Consul  or  Vice-Consul  to  fill  the  place  of  British  arbitrator, 
then  the  United  States  arbitrator  shall  be  called  in  in  those  cases  in 
which  the  British  arbitrator  would  be  called  in ; and  in  case  the 
vacancy  be  both  of  the  British  judge  and  of  the  British  arbitrator, 
and  there  be  neither  British  Consul  nor  Vice-Consul  to  fill  ad  interim 
the  vacancies,  then  the  United  States  judge  and  arbitrator  shall  sit. 
and,  in  all  cases  brought  before  them  for  adjudication,  shall  proceed 
to  adjudge  the  same,  and  pass  sentence  accordingly. 

The  chief  authority  of  the  place  in  the  territories  of  either  high 
contracting  party  where  the  mixed  courts  of  justice  shall  sit.  shall, 
in  the  event  of  a vacancy  arising,  either  of  the  judge  or  the  arbitrator 
of  the  other  high  contracting  party,  forthwith  give  notice  of  the  same 
by  the  most  expeditious  method  in  his  power  to  the  Government  of 
that  other  high  contracting  party,  in  order  that  such  vacancy  may  be 
supplied  at  the  earliest  possible  period. 

And  each  of  the  high  contracting  parties  agrees  to  supply  defini- 
tively, as  soon  as  possible,  the  vacancies  which  ma}"  arise  in  the  above- 
mentioned  courts  from  death,  or  from  an}’-  other  cause  whatever. 


GREAT  BRITAIN 1862, 


687 


The  undersigned  Plenipotentiaries  have  agreed,  in  conformity  with 
the  Xlth  article  of  the  treaty  signed  by  them  oi  this  day,  that  the 
preceding  regulations  shall  be  annexed  to  the  said  treaty  and  con- 
sidered an  integral  part  thereof. 

Done  at  Washington  the  seventh  day  of  April,  in  the  year  of  our 
Lord  one  thousand  eight  himdred  and  sixty-two. 

[seal.]  William  H.  Seward, 

[seal.]  Lyons. 


1863. 

Additional  Articles  to  the  Treaty  for  the  Suppression  of  Slave 

Trade,  18G2. 

Concluded  February  17^  1863;  ratification  advised  by  the  Fenaie  Feb- 
ruary 27^  1863;  ratifed  by  the  President  March  -5,  1863 ; rutifca- 
tions  exchanged  April  7, 1863;  proclaimed  April  22^  1863. 

Wliereas  by  the  first  Article  “ of  the  treaty  between  the  United 
States  of  America  and  Her  Majesty  the  Queen  of  the  United  Kingdom 
of  Great  Britain  and  Ireland,  for  the  suppression  of  the  African 
slave  trade,  signed  at  Washington  on  the  of  Ajiril,  1862,  it  was 
stipulated  and  agreed  that  those  ships  of  the  respective  navies  of  the 
two  High  Contracting  Parties  which  shall  be  provided  wfith  special 
instructions  for  that  purpose,  as  thereinafter  mentioned,  may  visit 
such  merchant  vessels  of  the  two  nations  as  may,  upon  reasonable 
grounds,  be  suspected  of  being  engaged  in  the  African  slave  trade, 
or  of  having  been  fitted  out  for  that  purpose,  or  of  having,  during 
the  voyage  on  which  they  are  met  by  the  said  cruisers,  been  engaged 
in  the  African  slave  trade  contrary  to  the  provisions  of  the  said 
treaty;  and  that  such  cruisers  may  detain  and  send  or  carry  away 
such  vessels  in  order  that  they  may  be  brought  to  trial  in  the  manner 
thereinafter  agreed  upon:  And  whereas  it  was  by  the  said  Article 
further  stipulated  and  agreed,  that  the  reciprocal  right  of  search  and 
detention  should  be  exercised  only  within  the  distance  of  Uvo  hundred 
miles  from  the  Coast  of  Africa,  and  to  the  southward  of  the  thirty- 
second  parallel  of  north  latitude,  and  within  thirty  leagues  from  the 
coast  of  the  Island  of  Cuba : and  whereas  the  two  High  Contracting 
Parties  are  desirous  of  rendering  the  said  treaty  still  more  efficacious 
for  its  purpose;  the  Plenipotentiaries  who  signed  the  said  treaty  have, 
in  virtue  of  their  full  powers,  agreed  that  the  reciprocal  right  of 
visit  and  detention,  as  defined  in  the  Article  aforesaid,  may  be  exer- 
cised also  within  thirty  leagues  of  the  Island  of  Madagascar,  within 
thirty  leagues  of  the  Island  of  Puerto  Rico,  and  within  thirty  leagues 
of  the  Island  of  San  Domingo. 

The  present  Additional  Article  shall  have  the  same  force  and  valid- 
ity as  if  it  had  been  inserted  word  for  word  in  the  treaty  concluded 
between  the  two  High  Contracting  Parties  on  the  of  April,  1862, 
and  shall  have  the  same  duration  as  that  treaty.  It  shall  be  ratified, 
and  the  ratifications  shall  be  exchanged  at  London  in  six  months 
from  this  date,  or  sooner  if  possible. 


688 


TKEATIES,  CONVENTIONS,  ETC. 


In  witness  whereof,  the  respective  Plenipotentiaries  have  signed  ' 
the  same,  and  have  thereunto  affixed  the  seal  of  their  arms. 

Done  at  Washington  the  l7th  day  of  February,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-three. 

[seal.]  William  H.  Seward 

[seal.]  Lyons. 


1863. 

Treaty  for  Settlement  of  Claims  with  the  Hudson  Bay  Co.,  etc. 

Concluded  July  1,  1863, • ratification  advised  hy  the  Senate  January 

18,  1864;  ratified  hy  the  President  March  2,  1864.;  ratifications  ex- 
changed March  3,  1864-;  'proclaimed  March  5,  1864- 

Articles  : 

I.  Claims.  IV.  Award. 

II.  Commissioners.  V.  Ratification. 

III.  Records. 

The  United  States  of  America  and  Her  Majesty  the  Queen  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  being  desirous  to  pro- 
vide for  the  final  settlement  of  the  claims  of  the  Hudson’s  Bay  and 
Puget’s  Sound  Agricultural  Companies,  specified  in  Articles  HI  and 
IV  of  the  treaty  concluded  between  the  United  States  of  America  and 
Great  Britain  on  the  15th  of  June,  1816,  have  resolved  to  con- 
clude a treaty  for  this  purpose,  and  have  named  as  their  Plenipo- 
tentiaries, that  is  to  say  : 

The  President  of  the  United  States  of  America,  William  H. 
Seward,  Secretary  of  State;  and  Her  Majesty  the  Queen  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  the  Right  Honorable 
Richard  Bickerton  Pemell,  Lord  Lyons,  a peer  of  her  United  King- 
dom, a Knight  Grand  Cross  of  her  most  honorable  Order  of  the  Bath, 
and  her  Envoy  Extraordinary  and  Minister  Plenipotentiary  to  the 
United  States  of  America ; 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers,  found  in  good  and  due  form,  have  agreed  upon  and  con- 
cluded the  following  articles: 

Article  I. 

Whereas  by  the  Hid  and  IVth  articles  of  the  treaty  concluded  at 
Washington  on  the  15th  day  of  June,  1846,  between  the  United  States 
of  America  and  Her  Majesty  the  Queen  of  the  United  Kingdom  of 
Great  Britain  and  Ireland,  it  was  stipulated  and  agreed  that  in  the 
future  appropriation  of  the  territory  south  of  the  49th  parallel  of 
north  latitude,  as  provided  in  the  first  article  of  the  said  treaty,  the 
possessory  rights  of  the  Hudson’s  Bay  Company,  and  of  all  British 
subjects  who  may  be  already  in  the  occupation  of  land  or  other  prop- 
erty lawfully  acquired  within  the  said  territory,  should  be  respected, 
and  that  the  farms,  lands,  and  other  property  of  every  descript. on, 


GREAT  BRITAIN 1863. 


689 


belonging  to  the  Puget’s  Sound  Agricultural  Company,  on  the  north 
side  of  the  Columbia  River,  should  be  confirmed  to  the  said  company, 
but  that  in  case  the  situation  of  those  farms  and  lands  should  be 
considered  by  the  United  States  to  be  of  public  and  political  im- 
portance, and  the  United  States  Government  should  signify  a desire 
to  obtain  possession  of  the  whole  or  of  any  part  thereof,  the  property 
so  required  should  be  transferred  to  the  said  Government  at  a proper 
valuation  to  be  agreed  upon  between  the  parties ; 

And  whereas  it  is  desirable  that  all  questions  between  the  United 
States  authorities  on  the  one  hand,  and  the  Hudson’s  Bay  and  Puget’s 
Sound  Agricultural  Companies  on  the  other,  with  respect  to  the  pos- 
sessory rights  and  claims  of  those  companies,  and  of  any  other  British 
subjects  in  Oregon  and  Washington  Territory,  should  be  settled  by 
the  transfer  of  those  rights  and  claims  to  the  Government  of  the 
United  States  for  an  adequate  money  consideration : 

It  is  hereby  agreed  that  the  United  States  of  America  and  her  Bri- 
tannic Majesty  shall,  within  twelve  months  after  the  exchange  of  the 
ratifications  of  the  present  treaty,  appoint  each  a Commissioner  for 
the  purpose  of  examining  and  deciding  upon  all  claims  arising  out  of 
the  provisions  of  the  above  quoted  articles  of  the  treaty  of  June 
15,  iW 

Article  II. 

The  Commissioners  mentioned  in  the  preceding  article  shall,  at  the 
earliest  convenient  period  after  they  shall  have  been  respectively 
named,  meet  at  the  city  of  Washington,  in  the  District  of  Columbia, 
and  shall,  before  proceeding  to  any  business,  make  and  subscribe  a 
solemn  declaration  that  they  will  impartially  and  carefully  examine 
and  decide,  to  the  best  of  their  judgment,  and  according  to  justice 
and  equity,  without  fear,  favor,  or  affection  to  their  own  country 
all  the  matters  referred  to  them  for  their  decision,  and  such  decla- 
ration shall  be  entered  on  the  record  of  their  proceedings. 

The  Commissioners  shall  then  proceed  to  name  an  Arbitrator  or 
Umpire  to  decide  upon  any  case  or  cases  on  which  they  may  differ 
in  opinion;  and  if  they  cannot  agree  in  the  selection,  the  said  Arbi- 
trator or  Umpire  sluill  be  appointed  by  the  King  of  Italy,  whom 
the  two  high  contracting  parties  shall  invite  to  make  such  appoint- 
ment, and  whose  selection  shall  be  conclusive  on  both  parties.  The 
person  so  to  be  chosen  shall,  before  proceeding  to  act,  make  and  sub- 
scribe a solemn  declaration,  in  a form  similar  to  that  which  shall 
already  have  been  made  and  subscribed  by  the  Commissioners,  which 
declaration  shall  also  be  entered  on  the  record  of  the  proceedings. 
In  the  event  of  the  death,  absence,  or  incapacity  of  such  person,  or 
of  his  omitting  or  declining  or  ceasing  to  act  as  such  Arbitrator  or 
Umpire,  another  person  shall  be  named,  in  the  manner  aforesaid,  to 
act  in  his  place  or  stead,  and  shall  make  and  subscribe  such  decla- 
ration as  aforesaid. 

The  United  States  of  America  and  Her  Britannic  Majesty  engage 
to  consider  the  decision  of  the  two  Commissioners  conjointly,  or  of 
the  Arbitrator  or  Umpire,  as  the  case  may  be,  as  final  and  conclusive 
on  the  matters  to  be  referred  to  their  decision,  and  forthwith  to  give 
full  effect  to  the  same. 

24449— VOL  1—10 — -44 


690 


TREATIES,  CONVENTIONS,  ETC. 
Article  III. 


The  Commissioners  and  the  Arbitrator  or  Umpire  shall  keep  ac- 
curate records  and  correct  minutes  or  notes  of  all  their  proceedings, 
with  the  dates  thereof,  and  shall  appoint  and  employ  such  clerk  or 
clerks  or  other  persons  as  they  shall  find  necessary  to  assist  them  in 
the  transaction  of  the  business  which  may  come  befote  them. 

The  salaries  of  the  Commissioners  and  of  the  clerk  or  clerks  shall 
be  paid  by  their  respective  Governments.  The  salary  of  the  Arbi- 
trator or  Umpire  and  the  contingent  expenses  shall  be  defrayed  in 
equal  moieties  by  the  two  Governments. 

Article  IV. 

All  sums  of  money  which  may  be  awarded  by  the  Commissioners, 
or  by  the  Arbitrator  or  Uinjiire,  on  account  of  any  claim,  shall  be 
paid  by  the  one  Government  to  the  other  in  two  equal  annual  instal- 
ments, whereof  the  first  shall  be  paid  within  twelve  months  after  the 
date  of  the  award,  and  the  second  within  twenty-four  months  after 
the  date  of  the  award,  without  interest,  and  without  any  deduction 
whatever. 

Article  V. 

The  present  treaty  shall  be  ratified,  and  the  mutual  exchange  of 
ratifications  shall  take  place  in  Washington,  in  twelve  months  from 
the  date  hereof,  or  earlier  if  possible. 

In  faith  whereof  we,  the  respective  Plenipotentiaries,  have  signed 
this  treaty,  and  have  hereunto  affixed  our  seals. 

Done  in  duplicate  at  Washington,  the  first  day  of  July,  anno 
Domini  one  thousand  eight  hundred  and  sixty-three. 

[seal.]  William  H.  Seward. 

[seal.]  ' Lyons. 


award. 

At  a meeting  of  the  Commissioners  under  the  treaty  of  July  1st, 
1863,  between  the  United  States  of  America  and  Her  Britannic  Maj- 
esty, for  the  final  settlement  of  the  claims  of  the  Hudson  s Bay  and 
Puget’s  Sound  Agricultural  Companies,  held  at  the  city  of  Washing- 
ton, on  the  10th  day  of  September,  1869 — 

Present:  Alexander  S.  Johnson,  Commissioner  on  the  part  of  the 
United  States  of  America;  John  Bose,  Commissioner  on  the  part  of 
Her  Britannic  Majesty. 

The  Commissioners  having  heard  the  allegations  and  proofs  of  the 
respective  parties,  and  the  arguments  of  their  respective  counsel,  and 
duly  considered  the  same,  do  determine  and  award  that,  as  the  ade- 
quate money  consideration  for  the  transfer  to  the  United  States  of 
America  of  all  the  possessory  rights  and  claims  of  the  Hudson’s  Bay 
Company,  and  of  the  Puget’s  Sound  Agricultural  Company,  under 
the  first  article  of  the  treaty  of  July  1st.  1863,  and  the  third  and 
fourth  articles  of  the  treaty*  of  June  15.  1816,  commonly  called  the 
Oregon  treaty,  and  in  full  satisfaction  of  all  such  rights  and  claims, 


GREAT  BRITAIN 1863-1870. 


691 


there  ought  to  be  paid  in  gold  coin  by  the  United  States  of  America, 
at  the  times  and  in  the  manner  provided  by  the  fourth  article  of  the 
treaty  of  July  1,  1863,  on  account  of  the  possessory  rights  and  claims 
of  the  Hudson’s  Bay  Company,  four  hundred  and  fifty  thousand  dol- 
lars; and  on  account  of  the  possessory  rights  and  claims  of  the 
Puget’s  Sound  Agricultural  Company,  the  sum  of  two  hundred  thou- 
sand dollars ; and  that  at  or  before  the  time  fixed  for  the  first  payment 
to  be  made  in  pursuance  of  the  treaty  and  of  this  award,  each  of  the 
said  companies  do  execute  and  deliver  to  the  United  States  of  Amer- 
ica a sufficient  deed  or  transfer  and  release  to  the  United  States  of 
America,  substantially  in  the  form  hereunto  annexed. 

In  testimony  whereof  we,  the  said  Commissioners,  have  set  our 
hands  to  this  award  in  duplicate,  on  the  day  and  year  and  at  the  place 
aforesaid. 

Alexander  S.  Johnson, 
Commissioner  on  the  fart  of  the  United  States. 

John  Rose, 

Commissioner  on  the  fart  of  Her  BHtannic  Majesty. 


1870. 

Naturalization  Convention. 

Conclvded.  May  13^  1870;  ratification  advised  hy  the  Sevate  Jnhy  8, 
1870;  ratified  hy  the  President  Jxdy  19.  1870;  ratifications  ex- 
changed August  10, 1870;  froclaimed  Seftember  16, 1870. 

Articles. 

I.  Naturalization  recofoiized.  III.  Resumption  of  original  citizenship. 

II.  Renunciation  of  previous  natural-  IV.  Ratification, 
izatiou. 

The  President  of  the  United  States  of  America  and  Her  Majesty 
the  Queen  of  the  United  Kingdom  of  Great  Britain  and  Ireland, 
being  desirous  to  regulate  the  citizenship  of  citizens  of  the  United 
States  of  America  who  have  emigrated  or  who  may  emigrate  fi'om 
the  United  States  of  America  to  the  British  dominions,  and  of  Brit'sh 
subjects  who  have  emigrated  or  who  may  emigrate  from  the  British 
dominions  to  the  United  States  of  America,  have  resolved  to  conclude 
a convention  for  that  purpose,  and  have  named  as  their  Plenipoten- 
tiaries, that  is  to  say  : 

The  President  of  the  United  States  of  America,  John  Lothrop  Mot- 
ley, Esquire,  Envoy  Extraordinary  and  Minister  Plenipotentiary  of 
the  United  States  of  America  to  Her  Britannic  Majesty;  and  Her 
Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain  and 
Ireland,  the  Right  Honourable  George  William  Frederick,  Earl  of 
Clarendon,  Baron  Hyde  of  Hindon,  a peer  of  the  United  Kingdom, 
a niember  of  Her  Britannic  Majesty’s  most  honourable  Privy  Council, 
Knight  of  the  most  noble  Order  of  the  Garter,  Knight  Grand  Cross 
of  the  most  iionourable  Order  of  tlie  Bath.  Her  Britannic  Majesty’s 
Principal  Secretary  of  State  for  Foreign  Afiairs; 


692 


TBEATIES,  CONVENTIONS,  ETC. 


Who,  after  having  communicated  to  each  other  their  respective  full 
powers,  found  to  be  in  good  and  due  form,  have  agreed  upon  and  con- 
cluded the  following  articles: 

Articue  I. 

Citizens  of  the  United  States  of  America  who  have  become,  or  shall 
become,  and  are  naturalized  according  to  laAV  Avithin  the  British  do- 
minions as  British  subjects,  shall,  subject  to  the  proAusions  of  Article 
II,  be  held  by  the  United  States  to  be  in  all  respects  and  for  all  pur- 
poses British  subjects,  and  shall  be  treated  as  such  by  the  United 
States. 

Eeciprocally,  British  subjects  who  have  become,  or  shall  become, 
and  are  naturalized  according  to  law  within  the  United  States  of 
America  as  citizens  thereof,  shall,  subject  to  the  provisions  of  Article 
II,  be  held  by  Ureat  Britain  to  be  in  all  respects  and  for  all  purposes 
citizens  of  the  United  States,  and  shall  be  treated  as  such  by  Great 
Britain. 


Article  II. 

Such  citizens  of  the  United  States  as  aforesaid  who  have  become 
and  are  naturalized  within  the  dominions  of  Her  Britannic  Majesty 
as  British  subjects,  shall  be  at  liberty  to  renounce  their  naturalization 
and  to  resume  their  nationality  as  citizens  of  the  United  States,  pro- 
Auded  that  such  renunciation  be  publicly  declared  within  tAvo  years 
after  the  exchange  of  the  ratifications  of  the  present  convention. 

Such  British  subjects  as  aforesaid  who  have  become  and  are  natural- 
ized as  citizens  within  the  United  States,  shall  be  at  liberty  to  re- 
nounce their  naturalization  and  to  resume  their  British  nationality, 
provided  that  such  renunciation  be  publicly  declared  Avithin  two  years 
after  the  twelfth  day  of  May,  1870. 

The  manner  in  Avhich  this  renunciation  may  be  made  and  publicly 
declared  shall  be  agreed  upon  by  the  Governments  of  the  respective 
countries. 


Article  III. 

If  any  such  citizen  of  the  United  States  as  aforesaid,  naturalized 
within  the  dominions  of  Her  Britannic  Majesty,  should  reneAV  his 
residence  in  the  United  States,  the  United  States  GoATrnment  may,  on 
his  OAvn  application  and  on  such  conditions  as  that  GoATrnment  may 
think  fit  to  impose,  readmit  him  to  the  character  and  privileges  of  a 
citizen  of  the  United  States,  and  Great  Britain  shall  not,  in  that  case, 
claim  him  as  a British  subject  on  account  of  his  former  naturalization. 

In  the  same  manner,  if  any  such  British  subject  as  aforesaid  nat- 
uralized in  the  United  States  should  reneAv  his  residence  Avithin  the 
dominions  of  Her  Britannic  IMajesty,  Her  IMajesty’s  GoATrnment 
may,  on  his  own  application  and  on  such  conditions  as  that  Govern- 
ment may  think  fit  to  impose,  re-admit  him  to  the  character  and 
privileges  of  a British  subject,  and  the  United  States  shall  not.  in  that 
case,  claim  him  as  a citizen  of  the  United  States  on  account  of  his 
former  naturalization. 


GREAT  BRITAIN- — 1870. 


693 


Article  IV. 

The  present  convention  shall  be  ratified  by  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof,  and  by  Her  Britannic  Majesty,  and  the  ratifications  shall  be 
exchanged  at  London  as  soon  as  may  be  within  twelve  months  from 
the  date  hereof. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
same,  and  have  afiixed  thereto  their  respective  seals. 

Done  at  London  the  thirteenth  day  of  May,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  seventy. 

[seal.]  John  IjOthrop  Motley. 

[seal.]  Clarendon. 


1870. 

Convention  for  the  Suppression  of  Slave  Trade.® 

Concluded  June  3,  1870;  rati-fication  advised  hy  the  Senate  July  8, 
1870;  ratified  hy  the  President  July  19,  1870;  ratifications  ex- 
changed August  10,  1870;  'proclaimed  September  16,  1870. 

Articles. 


I.  Mixed  courts  abolished. 

II.  Jurisdiction  over  vessels  seized. 

III.  Procedure. 

IV.  Instructions  to  war  ships. 


V.  Former  treaty  continued. 

VI.  Notification  of  effect  of  conven- 
tion. 

VII.  Duration ; ratification. 


The  United  States  of  America  and  Her  Majesty  the  Queen  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  having  come  to  the 
conclusion  that  it  is  no  longer  necessary  to  maintain  the  three  mixed 
courts  of  justice  established  at  Sierra  Leone,  at  the  Cape  of  Good 
Hope,  and  at  New  York,  in  pursuance  of  the  treaty  concluded  at 
Washington  on  the  7th  day  of  April,  1862,  for  the  suppression  of  the 
African  slave  trade,  they  have  resolved  to  conclude  an  additional  con- 
vention for  the  purpose  of  making  the  requisite  modifications  of  the 
said  treaty,  and  have  named  as  their  Plenipotentiaries,  that  is  to  say : 

The  President  of  the  United  States  of  America,  Hamilton  Fish, 
Secretary  of  State,  and  Her  Majesty  the  Queen  of  the  United  King- 
dom of  Great  Britain  and  Ireland,  Edward  Thornton,  Esquire,  Com- 
panion of  the  Order  of  the  Bath,  and  Her  Envoy  Extraordinary  and 
Minister  Plenipotentiary  to  the  United  States  of  America; 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers,  found  in  good  and  due  form,  have  agreed  upon  and  concluded 
. the  following  articles: 

Article  I. 


Everything  contained  in  the  treaty  concluded  at  Washington  on 
the  7th  of  April,  1862,  between  the  United  States  of  America  and  Her 
Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain  and 


“ See  General  Act  for  Suppression  of  Slave  Trade,  July  2,  1890,  p.  1964. 


694 


TBEATIES,  CONVENTIONS,  ETC. 


Ireland,  for  the  suppression  of  the  African  slave  trade,  and  in  the 
annexes  A and  B thereto,  which  relates  to  the  establishment  of  three 
mixed  courts  of  justice  at  Sierra  Leone,  at  the  Cape  of  Good  Hope, 
and  at  New  York,  to  hear  and  decide  all  cases  of  capture  of  vessels 
which  may  be  brought  before  them  as  having  been  engaged  in  the 
African  slave  trade,  or  as  having  been  fitted  out  for  the  purposes 
thereof,  as  well  as  to  the  composition,  jurisdiction,  and  mode  of  pro- 
cedure of  such  courts,  shall  cease  and_  determine  as  regards  the  said 
mixed  courts,  from  and  after  the  exchange  of  the  ratifications  of  the 
present  additional  convention,  except  in  so  far  as  regards  any  act  or 
proceeding  done  or  taken  in  virtue  thereof,  before  this  additional 
convention  shall  be  officially  communicated  to  the  said  mixed  courts  of 
justice.  The  said  courts  shall  nevertheless  have  the  power,  and  it  shall 
be  their  duty,  to  proceed  with  all  practicable  dispatch  to  the  final  de- 
termination of  all  causes  and  proceedings  which  may  be  pending  and 
undetermined  in  them,  or  either  of  them,  at  the  time  of  receiving 
notice  of  the  ratification  of  this  convention. 

Article  II. 

The  jurisdiction  heretofore  exercised  by  the  said  mixed  courts  in 
pursuance  of  the  provisions  of  the  said  treaty  shall,  after  the  exchange 
of  the  ratifications  of  the  present  additional  convention,  be  exercised 
by  the  courts  of  one  or  the  other  of  the  high  contracting  parties  ac- 
cording to  their  respective  modes  of  procedure  in  matters  of  maritime 
prize;  and  all  the  provisions  of  the  said  treaty  with  regard  to  the 
sending  or  bringing  in  of  captured  vessels  for  adjudication  before  the 
said  mixed  courts,  and  with  regard  to  the  adjudication  of  such  vessels 
by  the  said  courts,  and  the  rules  of  evidence  to  be  applied  and  the 
proceedings  consequent  on  such  adjudication,  shall  apply,  mutatis 
mutandis,  to  the  courts  of  the  high  contracting  parties.  It  is,  how- 
ever, provided  that  there  may  be  an  appeal  from  the  decision  of  any 
court  of  the  high  contracting  parties,  in  the  same  manner  as  by  the 
law  of  the  country  where  the  court  sits  is  allowed  in  other  cases  of 
maritime  prize. 


Article  III. 

It  is  agreed  that  in  case  of  an  American  merchant  vessel  searched 
by  a British  cruiser  being  detained  as  having  been  engaged  in  the 
African  slave  trade,  or  as  having  been  fitted  out  for  the  purposes 
thereof,  she  shall  be  sent  to  New  York  or  Key  West,  whichever  shall 
be  most  accessible  for  adjudication,  or  shall  be  handed  over  to  an 
United  States  cruiser,  if  one  should  be  available  in  the  neighborhood 
of  the  capture;  and  that  in  the  corresponding  case  of  a British  mer- 
chant vessel  searched  by  an  United  States  cruiser  being  detained  as  , 
having  been  engaged  in  the  African  slave  trade,  or  as  having  been 
fitted  out  for  the  purposes  thereof,  she  shall  be  sent  for  adjudication 
to  the  nearest  or  most  accessible  British  colony,  or  shall  be  handed 
over  to  a British  cruiser,  if  one  should  be  available  in  the  neighbor- 
hood of  the  capture. 

All  the  witnesses  and  proofs  necessary  to  establish  the  guilt  of  the 
master,  crew,  or  other  persons  found  on  board  of  any  such  vessel,  shall 


GREAT  BRITAIN 1870. 


695 


be  sent  and  handed  over  with  the  vessel  itself,  in  order  to  be  produced 
to  the  court  before  which  such  vessel  or  persons  may  be  brought  for 
trial. 

All  negroes  or  others  (necessary  witnesses  excepted)  who  may  be  on 
board  either  an  American  or  a British  vessel  for  the  purpose  of  being 
consigned  to  slavery,  shall  be  handed  over  to  the  nearest  British  au- 
thority. They  shall  be  immediately  set  at  liberty,  and  shall  remain 
free.  Her  Britannic  Majesty  guaranteeing  their  liberty.  With  regard 
to  such  of  those  negroes  or  others  as  may  be  sent  in  with  the  detained 
vessel  as  necessary  witnesses,  the  Government  to  which  they  may  have 
been  delivered  shall  set  them  at  liberty  as  soon  as  their  testimony 
shall  no  longer  be  required,  and  shall  guarantee  their  liberty. 

\Wiere  a detained  vessel  is  handed  over  to  a cruiser  of  her  own 
nation,  an  officer  in  charge,  and  other  necessary  witnesses  and  proofs, 
shall  accompany  the  vessel.  * 

Article  IV. 

It  is  mutually  agreed  that  the  instructions  for  the  ships  of  the 
navies  of  both  nations  destined  to  prevent  the  African  slave  trade, 
which  are  annexed  to  this  convention,  shall  form  an  integral  part 
thereof,  and  shall  have  the  same  force  and  effect  as  if  they  had  been 
annexed  to  the  treaty  of  the  7th  of  April,  1862,  in  lieu  of  the  instruc- 
tions forming  annex  A to  that  treaty. 

Article  V. 

In  all  other  respects  the  stipulations  of  the  treaty  of  April  7,  1862, 
shall  remain  in  full  force  and  effect  until  terminated  by  notice  given 
by  one  of  the  high  contracting  parties  to  the  other,  in  the  manner  pre- 
scribed by  Article  XII  thereof. 

Article  VI. 

The  high  contracting  parties  engage  to  communicate  the  present 
convention  to  the  mixed  courts  of  justice,  and  to  the  officers  in  com- 
mand of  their  respective  cruisers,  and  to. give  them  the  requisite  in- 
structions in  pursuance  thereof,  with  the  least  possible  delay. 

Article  VII. 

The  present  additional  convention  shall  have  the  same  duration  as 
the  treaty  of  the  7th  of  April,  1862,  and  the  additional  article  thereto 
of  the  l7th  of  February,  1863.  It  shall  be  ratified,  and  the  ratifica- 
tions shall  be  exchanged  at  London  as  soon  as  possible. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
same,  and  have  affixed  thereto  their  respective  seals. 

Done  at  Washington  the  third  day  of  June,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  seventy. 

[seal.]  Hamilton  Fish. 

[seal.]  Edwd.  Thornton. 


696 


TREATIES,  C0NVE2SITI0NS,  ETC. 


ANNEX  TO  THE  ADDITION AE  CONVENTION  BETWEEN  THE  UNITED  STATES 

OF  AMERICA  AND  GREAT  BRITAIN,  FOR  THE  SUPPRESSION  OF  THE  AFRICAN 

SLAVE  TRADE.  SIGNED  AT  WASHINGTON  ON  THE  THIRD  DAY  OF  JUNE, 

1870. 

Instructions  for  tlie  ships  of  the  United  States  and  British  navies 
employed  to  prevent  the  African  slave  trade. 

Article  I. 

The  commander  of  any  ship  belonging  to  the  United  States  or 
British  navy,  which  shall  be  furnished  with  these  instructions,  shall 
have  a right  to  search  and  detain  any  United  States  or  British  mer- 
chant vessels  which  shall  be  actually  engaged,  or  suspected  to  be 
engaged,  in  the  African  slave  trade,  or  to  be  fitted  out  for  the  purposes 
thereof,  or  to  have  been  engaged  in  such  trade  during  the  voyage  in 
which  she  may  be  met  with  by  such  ship  of  the  United  States  or 
British  navy;  and  such  commander  shall  thereupon  bring  or  send 
such  merchant  vessel  (save  in  the  case  provided  for  in  Article  V of 
these  instructions)  as  soon  as  possible  for  judgment,  in  the  manner 
provided  by  Article  III  of  the  additional  convention  of  this  date,  that 
is  to  say: 

In  the  case  of  an  American  vessel  searched  and  detained  as  afore- 
said by  a British  cruiser,  she  shall  be  sent  to  New  York  or  Key  West, 
whichever  shall  be  most  accessible,  or  be  handed  over  to  an  United 
States  cruiser,  if  one  should  be  available  in  the  neighborhood  of  the 
capture. 

In  the  case  of  a British  vessel  searched  and  detained  as  aforesaid 
by  an  United  States  cruiser,  she  shall  be  sent  to  the  nearest  or  most 
accessible  British  colony,  or  shall  be  handed  over  to  a British  cruiser, 
if  one  should  be  available  in  the  neighborhood  of  the  capture. 

Article  II. 

YTienever  a ship  of  either  of  the  two  navies,  duly  authorized  as 
aforesaid,  shall  meet  a merchant  vessel  liable  to  be  searched  under 
the  provisions  of  the  treaty  of  the  Tth  of  April,  1862,  and  of  this 
additional  convention,  the  search  shall  be  conducted  with  the  courtesy 
and  consideration  which  ought  to  be  observed  between  allied  and 
friendly  nations;  and  the  search  shall,  in  all  cases,  be  made  by  an 
officer  holding  a rank  not  lower  than  that  of  lieutenant  in  the  navy, 
or  by  the  officer  who  at  the  time  shall  be  second  in  command  of  the 
ship  by  which  such  search  is  made. 

Article  III. 

The  commander  of  any  ship  of  the  two  navies,  duly  authorized  as 
aforesaid,  who  may  detain  any  merchant  vessel  in  pursuance  of  the 
tenor  of  the  present  instructions,  shall  leave  on  board  the  vessel  so 
detained  the  master,  the  mate,  or  boatswain,  two  or  three  at  least  of 
the  crew,  and  all  the  cargo.  The  captor  shall  at  the  time  of  detention 
draw  up  in  writing  a declaration  which  shall  exhibit  the  state  in 
which  he  found  the  detained  vessel ; such  declaration  shall  be  signed 
by  himself,  and  shall  be  given  or  sent  in  with  the  detained  vessel  to 
be  produced  as  evidence  in  the  proper  court.  He  shall  deliver  to  the 
master  of  the  detained  vessel  a signed  and  certified  list  of  the  papers 
found  on  board  the  same,  as  well  as  a certificate  of  the  number  of 


GREAT  BRITAIN 1870. 


697 


negroas  or  other  persons  destined  for  slavery  who  may  have  been 
found  on  board  at  the  moment  of  detention. 

In  the  declaration  which  the  captor  is  hereby  required  to  make,  as 
well  as  in  the  certified  list  of  the  papers  seized,  and  in  the  certificate 
of  the  number  of  negroes  or  others  destined  for  slavery  who  may  be 
found  on  board  the  detained  vessel,  he  shall  insert  his  own  name  and 
surname,  the  name  of  the  capturing  ship,  and  the  latitude  and  longi- 
tude of  the  place  where  the  detention  shall  have  been  made. 

The  officer  in  charge  of  the  detained  vessel  shall,  at  the  time  of 
delivering  the  vessel’s  papers  and  the  certificate  of  the  commander 
into  court,  deliver  also  a certificate,  signed  by  himself,  and  verified 
on  oath,  stating  any  changes  which  may  have  taken  place  in  respect 
to  the  vessel,  her  crew,  and  her  cargo,  between  the  time  of  her  deten- 
tion and  the  time  of  delivering  in  such  paper. 

IVhere  a detained  vessel  is  handed  over  to  a cruiser  of  her  own 
nation,  an  officer  in  charge,  and  other  necessary  witnesses  and  proofs, 
shall  accompany  the  vessel. 

Article  IV. 

All  the  negroes  or  others  (necessary  witnesses  excepted)  who  may 
be  on  board  either  an  American  or  a British  detained  vessel,  for  the 
purpose  of  being  consigned  to  slavery,  shall  be  handed  over  by  the 
commander  of  the  capturing  ship  to  the  nearest  British  authority. 

Article  V. 

In  case  any  merchant  vessel  detained  in  pursuance  of  the  present 
instructions  should  prove  to  be  unsea  worthy,  or  in  such  a condition 
as  not  to  be  taken  in  for  adjudication  as  directed  by  the  additional 
convention  of  this  date,  the  commander  of  the  detaining  cruiser  may 
take  upon  himself  the  responsibility  of  abandoning  or  destroying  her, 
provided  the  exact  causes  which  made  such  a step  imperatively  nec- 
essary be  stated  in  a certificate  verified  on  oath.  Such  certificate  shall 
be  drawn  up  and  formally  executed  by  him  in  duplicate  at  the  time, 
and  shall  be  received  as  prima  facie  evidence  of  the  facts  therein 
stated,  subject  to  rebuttal  by  counter  proof. 

In  case  of  the  abandonment  or  destruction  of  a detained  vessel,  the 
master  and  crew,  together  with  the  papers  found  on  board,  and 
other  necessary  proofs  and  witnesses,  and  one  of  the  certificates  men- 
tioned in  the  preceding  paragraph  of  this  article,  shall  be  sent  and 
delivered  at  the  earliest  possible  moment  to  the  proper  court  before 
which  the  vessel  would  otherwise  have  been  sent.  Upon  the  produc- 
tion of  the  said  certificate,  the  court  may  proceed  to  adjudicate  upon 
the  detention  of  the  vessel  in  the  same  maimer  as  if  the  vessel  had 
been  sent  in. 

The  negroes  or  others  intended  to  be  consigned  to  slavery  shall  be 
handed  over  to  the  nearest  British  authority. 

The  undersigned  Plenipotentiaries  have  agreed,  in  conformity  with 
the  IVth  Article  of  the  additional  convention,  signed  by  them  on  this 
day,  that  the  present  instructions  shall  be  annexed  to  the  said  con- 
vention, and  be  considered  an  integral  part  thereof. 

Done  at  IVashington  the  third  day  of  June,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  seventy. 

[seal.] 

[seal.] 


Hamilton  Fish. 
Edwd.  Thornton. 


698  TREATIES,  CONVENTIONS,  ETC. 

1871. 

Convention  as  to  Renunciation  of  Naturalization. 

Concluded  February  23^  1871;  ratification  advised  by  the  Senate 
March  22,  1871 ; ratifed  by  the  President  March  21^.,  1871;  ratif- 
cations  exchanged  May  4,  1871;  'proclaimed  May  5,  1871. 

Articles. 

I.  Eennnciation  of  naturalization.  I III.  Ratification. 

II.  Names  to  be  furnished.  I Annex.  Form. 

Whereas  by  the  second  article  of  the  convention  between  the  United 
States  of  America  and  Her  Majesty  the  Queen  of  the  United  King- 
dom of  Great  Britain  and  Ireland,  for  regulating  the  citizenship  of 
citizens  and  subjects  of  the  contracting  parties  who  have  emigrated 
or  may  emigrate,  from  the  dominions  of  the  one  to  those  of  the  other 
party,  signed  at  London,  on  the  13th  of  May,  1870,  it  was  stipulated 
that  the  manner  in  which  the  renunciation  by  such  citizens  and  sub- 
jects of  their  naturalization,  and  the  resumption  of  their  native  alle- 
giance may  be  made  and  publicly  declared,  should  be  agreed  upon  by 
the  Governments  of  the  respective  countries,  the  President  of  the 
United  States  of  America  and  Her  Majesty  the  Queen  of  the  United 
Kingdom  of  Great  Britain  and  Ireland,  for  the  purpose  of  effecting 
such  agreement,  have  resolved  to  conclude  a supplemental  convention, 
and  have  named  as  their  Plenipotentiaries,  that  is  to  say,  the  Presi- 
dent of  the  United  States  of  America,  Hamilton  Fish,  Secretary  of 
State,  and  Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great 
Britain  and  Ireland,  Sir  Edward  Thornton,  Knight  Commander  of 
the  Most  Honorable  Order  of  the  Bath,  and  her  Envoy  Extraordi- 
nary and  Minister  Plenipotentiary  to  the  United  States  of  America; 
who  have  agreed  as  follows : 

Article  I. 

Any  person,  being  originally  a citizen  of  the  United  States,  who 
had  previously  to  May  13th,  1870,  been  naturalized  as  a British 
subject,  may,  at  any  time  before  August  10th,  1872,  and  any  British 
subject  who,  at  the  date  first  aforesaid,  had  been  naturalized  as  a 
citizen  within  the  United  States,  may,  at  any  time  before  May  12th, 
1872,  publicly  declare  his  renunciation  of  such  naturalization  by  sub- 
scribing an  instrument  in  writing,  substantially  in  the  form  hereunto 
appended,  and  designated  as  Annex  A. 

Such  renunciation,  by  an  original  citizen  of  the  United  States,  of 
British  nationality,  shall,  within  the  territories  and  jurisdiction  of 
the  United  States,  be  made  in  duplicate,  in  the  presence  of  any  court 
authorized  by  law  for  the  time  being  to  admit  aliens  to  naturaliza- 
tion, or  before  the  clerk  or  prothonotary  of  any  such  court:  if  the 
declarant  be  beyond  the  territories  of  the  United  States,  it  shall  be 
made  in  duplicate,  before  any  diplomatic  or  consular  officer  of  the 
United  States.  One  of  such  duplicates  shall  remain  of  record  in  the 
custody  of  the  court  or  officer  in  whose  presence  it  was  made;  the 
other  shall  be,  without  delay,  transmitted  to  the  Department  of  State. 


GREAT  BRITAIN 1871. 


699 


Such  renunciation,  if  declared  by  an  original  British  subject,  of 
his  acquired  nationality  as  a citizen  of  the  United  States,  shall,  if 
the  declarant  be  in  the  United  Kingdom  of  Great  Britain  and  Ire- 
land, be  made  in  duplicate,  in  the  presence  of  a justice  of  the  peace; 
if  elsewhere  in  Her  Britannic  Majesty’s  dominions,  in  triplicate,  in 
the  presence  of  any  judge  of  civil  or  criminal  jurisdiction,  of  any 
justice  of  the  peace,  or  of  any  other  officer  for  the  time  being  author- 
ized by  law,  in  the  place  in  which  the  declarant  is,  to  administer  an 
oath  for  any  judicial  or  other  legal  purpose : if  out  of  Her  Majesty’s 
dominions,  in  triplicate,  in  the  presence  of  any  officer  in  the  diplo- 
matic or  consular  service  of  Her  Majesty. 


Article  II, 


The  contracting  parties  hereby  engage  to  communicate  each  to  the 
other,  from  time  to  time,  lists  of  the  persons  who,  within  their  re- 
spective dominions  and  territories,  or  before  their  diplomatic  and 
consular  officers,  have  declared  their  renunciation  of  naturalization, 
with  the  dates  and  places  of  making  such  declarations,  and  such  in- 
formation as  to  the  abode  of  the  declarants,  and  the  times  and  places 
of  their  naturalization,  as  they  may  have  furnished. 


Article  III. 


The  present  convention  shall  be  ratified  by  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof,  and  by  Her  Britannic  Majesty,  and  the  ratifications  shall  be 
exchanged  at  Washington  as  soon  as  may  be  convenient. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
same,  and  have  affixed  thereto  their  respective  seals. 

Done  at  Washington  the  twenty-third  day  of  February,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  seventy-one. 

[seal.]  Hamilton  Fish, 

[seal.]  Edwd.  Thornton. 


Annex  A. 


I,  A.  B.,  of  [insert  abode],  being  originally  a citizen  of  the  United 
States  of  America,  [or  a British  subject,]  and  having  become  nat- 
uralized within  the  dominions  of  Her  Britannic  Majesty  as  a British 
subject,  [or  as  a citizen  within  the  United  States  of  America,]  do 
hereby  renounce  my  naturalization  as  a British  subject,  [or  citizen  of 
the  United  States,]  and  declare  that  it  is  my  desire  to  resume  my 
nationality  as  a citizen  of  the  United  States,  [or  British  subject.] 
(Signed)  A.  B. 

Made  and  subscribed  to  before  me,  , in  [insert  country  or 

other  subdivision,  and  State,  province,  colony,  legation,  or  consulate,] 


this day  of , 187-. 


( Signed) 


X 

Justice  of  the  Peace  [or  other  title.] 


E.  F., 


[seal.] 

[seal.] 


Hamilton  Fish. 
Edwd.  Thornton. 


700 


TREATIES.  CONVENTIOKS,  ETC. 

1871.0 


(Treaty  of  Washington.) 

Concluded  May  8,  1871;  ratification  advised  hy  the  Senate  May  24-, 
1871;  ratified  Jjy  the  President  May  25,  1871;  ratifications  ex- 
changed June  17,  1871;  proclaimed  July  If,  1871. 

Articles. 


I.  Alabama  claims ; arbitrators. 

II.  Time  of  meeting. 

III.  Case  of  each  party. 

IV.  Counter  case;  time. 

V.  Arguments. 

VI.  Rules  to  govern. 

VII.  Decision. 

VIII.  Expense. 

IX.  Record. 

X.  Board  of  assessors;  awards. 

XI.  Finality  of  decision. 

XII.  Other  claims. 

XIII.  Investigation  of  claims. 

XIV.  Time  of  presentation;  deci- 

sion. 

XV.  Awards. 

XVI.  Records. 

XVII.  Finality  of  decision. 

XVIII.  Fishery  rights. 

XIX.  Fishery  rights. 

XX.  Exception  as  to  fishery  rights. 

XXI.  Duties. 

XXII.  Compensation  for  fishery 

rights. 

XXIII.  Commissioners. 

XXIV.  Proceeding  before  commission. 


XXV.  Records. 

XXVI.  Xavigation  of  St.  Lawrence. 

XXVII.  Use  of  canals. 

XXVIII.  Navigation  of  Lake  Michi- 
gan. 

XXIX.  Conveyance  of  merchandise 
through  United  States. 

XXX.  Conveyance  in  bond. 

XXXI.  Duty  on  lumber  cut  in 
Maine. 

XXXII.  Newfoundland. 

XXXIII.  Time  to  take  effect  Arti- 
cles XVIII  to  and  includ- 
ing XXV  and  Article 
XXX 

XXXIV.  Boundary. 

XXXV.  Award  of  Emijeror  of  Ger- 
many. 

XXXVI.  Time  of  hearing  case. 

XXXVH.  Evidence. 

XXXVIII.  Agents. 

XXXIX.  Proceeding  by  arbitrator. 

XL.  Secretary. 

XLI.  Expenses. 

XLII.  Award. 

XLIII.  Ratification. 


The  United  States  of  America  and  Her  Britannic  Majesty,  being 
desirous  to  provide  for  an  amicable  settlement  of  all  causes  of  dif- 
ference between  the  two  countries,  have  for  that  purpose  appointed 
their  respective  Plenipotentiaries,  that  is  to  say : The  President  of  the 
United  States  has  appointed,  on  the  part  of  the  United  States,  as 
Commissioners  in  a Joint  High  Commission  and  Plenipotentiaries, 
Hamilton  Fish,  Secretary  of  State ; Robert  Cumming  Schenck,  Envoy 
Extraordinary  and  Minister  Plenipotentiary  to  Great  Britain; 
Samuel  Nelson,  an  Associate  Justice  of  the  Supreme  Court  of  the 
United  States;  Ebenezer  Rockwood  Hoar,  of  Massachusetts;  and 
George  Henry  Williams,  of  Oregon;  and  Her  Britannic  ^Majesty,  on 
her  part,  has  appointed  as  her  High  Commissioners  and  Plenipo- 
tentiaries, the  Right  Honourable  George  Frederick  Samuel,  Earl  de 
Grey  and  Earl  of  Ripon,  Viscount  Goderich,  Baron  Grantham,  a 
Baronet,  a Peer  of  the  United  Kingdom,  Lord  President  of  Her 
Majesty’s  Most  Honourable  Privy  Council,  Knight  of  the  Most  Noble 
Order  of  the  Garter,  etc.,  etc.;  the  Right  Honourable  Sir  Stafford 
Henry  Northcote,  Baronet,  one  of  Her  Majesty’s  Most  Honourable 
Privy  Council,  a Member  of  Parliament,  a Companion  of  the  Most 
Honourable  Order  of  the  Bath,  etc.,  etc.;  Sir  Edward  Thornton, 
Knight  Commander  of  the  Most  Honourable  Order  of  the  Bath,  Her 


Weld  & Co.  V.  U.  S.  (23  Ct.  Cls.,  126). 


GREAT  BRITAIN 1871. 


701 


Majesty’s  Envoy  Extraordinary  and  Minister  Plenipotentiary  to  the 
United  States  of  America;  Sir  John  Alexander  Macdonald,  Knight 
Commander  of  the  Most  Honourable  Order  of  the  Bath,  a Member 
of  Her  Majesty’s  Privy  Council  for  Canada,  and  Minister  of  Justice 
and  Attorney  General  of  Her  Majesty’s  Dominion  of  Canada ; and 
Mountague  Bernard,  Esquire,  Chichele  Professor  of  International 
Law  in  the  University  of  Oxford. 

And  the  said  Plenipotentiaries,  after  having  exchanged  their  full 
powers,  which  were  found  to  be  in  due  and  proper  form,  have  agreed 
to  and  concluded  the  following  articles: 

Article  I.“ 

Whereas  differences  have  arisen  between  the  Government  of  the 
United  States  and  the  Government  of  Her  Britannic  Majesty,  and 
still  exist,  growing  out  of  the  acts  committed  by  the  several  vessels 
which  have  given  rise  to  the  claims  generically  known  as  the  “Ala- 
bama Claims:” 

And  whereas  Her  Britannic  Majesty  has  authorized  her  High  Com- 
missioners and  Plenipotentiaries  to  express,  in  a friendly  spirit,  the 
regret  felt  by  Her  Majesty’s  Government  for  the  escape,  under  what- 
ever circumstances,  of  the  Alabama  and  other  vessels  from  British 
ports,  and  for  the  depredations  committed  by  those  vessels : 

Now,  in  order  to  remove  and  adjust  all  complaints  and  claims  on  the 
part  of  the  United  States,  and  to  provide  for  the  speedy  settlement  of 
such  claims  which  are  not  admitted  by  Her  Britannic  Majesty’s  Gov- 
ernment, the  high  contracting  parties  agree  that  all  the  said  claims, 
growing  out  of  acts  committed  by  the  aforesaid  vessels,  and  gener- 
ically known  as  the  “Alabama  Claims,”  shall  be  referred  to  a tribunal 
of  arbitration  to  be  composed  of  five  Arbitrators,  to  be  appointed  in 
the  following  manner,  that  is  to  say:  One  shall  be  named  by  the 
President  of  the  United'  States ; one  shall  be  named  by  Her  Britannic 
Majesty;  His  Majesty  the  King  of  Italy  shall  be  requested  to  name 
one;  the  President  of  the  Swiss  Confederation  shall  be  requested  to 
name  one;  and  His  Majesty  the  Emperor  of  Brazil  shall  be  requested 
to  name  one. 

In  case  of  the  death,  absence,  or  incapacity  to  serve  of  any  or  either 
of  the  said  Arbitrators,  or,  in  the  event  of  either  of  the  said  Arbi- 
trators omitting  or  declining  or  ceasing  to  act  as  such,  the  President 
of  the  United  States,  or  Her  Britannic  Majesty,  or  His  Majesty  the 
King  of  Italy,  or  the  President  of  the  Swiss  Confederation,  or  His 
Majestj'^  the  Emperor  of  Brazil,  as  the  case  may  be,  may  forthwith 
name  another  person  to  act  as  Arbitrator  in  the  place  and  stead  of 
the  Arbitrator  originally  named  by  such  head  of  a State. 

And  in  the  event  of  the  refusal  or  omission  for  two  months  after 
recei]Dt  of  the  request  from  either  of  the  high  contracting  parties  of 
His  Majesty  the  King  of  Italy,  or  the  President  of  the  Swiss  Con- 
federation, or  His  Majesty  the  Emperor  of  Brazil,  to  name  an  Arbi- 
trator either  to  fill  the  original  appointment  or  in  the  place  of  one 
who  may  have  died,  be  absent,  or  incapacitated,  or  who  may  omit, 

“Articles  I to  XI.  inclusive,  relate  to  tlie  Tribunal  for  Arbitration  of  the 
Alabama  Claims,  which  Tribunal  met  at  Geneva,  September  14,  1S72,  awarding 
$15,500,000  in  favor  of  the  United  States. 

(See  text  of  Geneva  Award,  p.  717.) 


702 


TREATIES,  CONVENTIONS,  ETC. 


decline,  or  from  any  cause  cease  to  act  as  such  Arbitrator,  His 
Majesty  the  King  of  Sweden  and  Norway  shall  be  requested  to 
name  one  or  more  persons,  as  the  case  may  be,  to  act  as  such  Arbi- 
trator or  Arbitrators. 


Article  II. 

The  Arbitrators  shall  meet  at  Geneva,  in  Switzerland,  at  the  ear- 
liest convenient  day  after  they  shall  have  been  named,  and  shall 
proceed  impartially  and  catefully  to  examine  and  decide  all  ques- 
tions that  shall  be  laid  before  them  on  the  part  of  the  Governments 
of  the  United  States  and  Her  Britannic  Majesty  respectively.  All 
questions  considered  by  the  tribunal,  including  the  final  award,  shall 
be  decided  by  a majority  of  all  the  Arbitrators. 

Each  of  the  high  contracting  parties  shall  also  name  one  person 
to  attend  the  tribunal  as  its  Agent  to  represent  it  generally  in  all 
matters  connected  with  the  arbitration. 

Article  III. 

The  written  or  printed  case  of  each  of  the  two  parties,  accompanied 
by  the  documents,  the  official  correspondence,  and  other  evidence  on 
which  each  relies,  shall  be  delivered  in  duplicate  to  each  of  the 
Arbitrators  and  to  the  Agent  of  the  other  party  as  soon  as  may  be 
after  the  organization  of  the  tribunal,  but  within  a period  not 
exceeding  six  months  from  the  date  of  the  exchange  of  the  ratifica- 
tions of  this  treaty. 

Article  IV. 

Within  four  months  after  the  delivery  on  both  sides  of  the  written 
or  printed  case,  either  party  may,  in  like  manner,  deliver  in  duplicate 
to  each  of  the  said  Arbitrators,  and  to  the  Agent  of  the  other  party, 
a counter  case  and  additional  documents,  correspondence,  and  evi- 
dence, in  reply  to  the  case,  documents,  correspondence,  and  evidence 
so  presented  by  the  other  party. 

The  Arbitrators  may,  however,  extend  the  time  for  delivering  such 
counter  case,  documents,  correspondence,  and  evidence,  when,  in 
their  judgment,  it  becomes  necessary,  in  consequence  of  the  distance 
of  the  place  from  which  the  evidence  to  be  presented  is  to  be 
procured. 

If  in  the  case  submitted  to  the  Arbitrators  either  party  shall  have 
specified  or  alluded  to  any  report  or  document  in  its  own  exclusive 
possession  without  annexing  a copy,  such  jiarty  shall  be  bound,  if 
the  other  party  thinks  proper  to  apply  for  it,  to  furnish  that  party 
with  a copy  thereof;  and  either  party  may  call  upon  the  other, 
through  the  Arbitrators,  to  produce  the  originals  or  certified  copies 
of  any  papers  adduced  as  evidence,  giving  in  each  instance  such 
reasonable  notice  as  the  Arbitrators  may  require. 

Article  V. 

It  shall  be  the  duty  of  the  Agent  of  each  party,  within  two  months 
after  the  expiration  of  the  time  limited  for  the  delivery  of  the 
counter  case  on  both  sides,  to  deliver  in  duplicate  to  each  of  the  said 


GEEAT  BRITAIN 1871. 


703 


Arbitrators  and  to  the  Agent  of  the  other  party  a written  or  printed 
argument  showing  the  points  and  referring  to  the  evidence  upon 
which  his  Government  relies ; and  the  Arbitrators  may,  if  they  desire 
further  elucidation  with  regard  to  any  point,  require  a written  or 
printed  statement  or  argument,  or  oral  argument  by  counsel  upon 
it;  but  in  such  case  the  other  party  shall  be  entitled  to  reply  either 
orally  or  in  writing,  as  the  case  may  be. 

Article  VI. 

In  deciding  the  matters  submitted  to  the  Arbitrators,  they  shall  be 

governed  by  the  following  three  rules,  which  are  agreed  upon  by  the 
igh  contracting  parties  as  rules  to  be  taken  as  applicable  to  the  case, 
and  by  such  principles  of  international  law  not  inconsistent  there- 
with as  the  Arbitrators  shall  determine  to  have  been  applicable  to  the 
case. 

RTJTjES* 


A neutral  Government  is  bound — 

First,  to  use  due  diligence  to  prevent  the  fitting  out,  arming,  or 
equipping,  within  its  jurisdiction,  of  any  vessel  which  it  has  reason- 
able ground  to  believe  is  intended  to  cruise  or  to  carry  on  war  against 
a Power  with  which  it  is  at  peace;  and  also  to  use  like  diligence  to 
prevent  the  departure  from  its  jurisdiction  of  any  vessel  intended  to 
cruise  or  carry  on  war  as  above,  such  vessel  having  been  specially 
adapted,  in  whole  or  in  part,  within  such  jurisdiction,  to  warlike  use. 

Secondly,  not  to  permit  or  suffer  either  belligerent  to  make  use  of  its 
ports  or  waters  as  the  base  of  naval  operations  against  the  other,  or 
for  the  purpose  of  the  renewal  or  augmentation  of  military  supplies 
or  arms,  or  the  recruitment  of  men. 

Thirdly,  to  exercise  due  diligence  in  its  own  ports  and  waters,  and, 
as  to  all  persons  within  its  jurisdiction,  to  prevent  any  violation  of 
the  foregoing  obligations  and  duties. 

Her  Britannic  Majesty  has  commanded  her  High  Commissioners 
and  Plenipotentiaries  to  declare  that  Her  Majesty’s  Government  can- 
not assent  to  the  foregoing  rules  as  a statement  of  principles  of  inter- 
national law  which  were  in  force  at  the  time  when  the  claims  men- 
tioned in  Article  I arose,  but  that  Her  Majesty’s  Government,  in 
order  to  evince  its  desire  of  strengthening  the  friendly  relations  be- 
tween the  two  countries  and  of  making  satisfactory  provision  for  the 
future,  agrees  that  in  deciding  the  questions  between  the  two  countries 
arising  out  of  those  claims,  the  Arbitrators  should  assume  that  Her 
Majesty’s  Government  had  undertaken  to  act  upon  the  principles  set 
forth  in  these  rules. 

And  the  high  contracting  parties  agree  to  observe  these  rules  as  be- 
tween themselves  in  futui’e,  and  to  bring  them  to  the  knowledge  of 
other  maritime  Powers,  and  to  invite  them  to  accede  to  them. 

Article  VII. 

The  decision  of  the  tribunal  shall,  if  possible,  be  made  within  three 
months  from  the  close  of  the  argument  on  both  sides. 

It  shall  be  made  in  Avriting  and  dated,  and  shall  be  signed  by  the 
Arbitrators  who  may  assent  to  it. 


704 


TREATIES,  CONVENTIONS,  ETC. 


The  said  tribunal  shall  first  determine  as  to  each  vessel  separately 
whether  Great  Britain  has,  by  any  act  or  omission,  failed  to  fulfil  any 
of  the  duties  set  forth  in  the  foregoing  three  rules,  or  recognized  by 
the  principles  of  international  law  not  inconsistent  with  such  rules, 
and  shall  certify  such  fact  as  to  each  of  the  said  vessels.  In  case  the 
tribunal  find  that  Great  Britain  has  failed  to  fulfil  any  duty  or  duties 
as  aforesaid,  it  may,  if  it  think  proper,  proceed  to  award  a sum  in 
gross  to  be  paid  by  Great  Britain  to  the  United  States  for  all  the 
claims  referred  to  it ; and  in  such  case  the  gross  sum  so  awarded  shall 
be  paid  in  coin  by  the  Government  of  Great  Britain  to  the  Govern- 
ment of  the  United  States,  at  Washington,  within  twelve  months  after 
the  date  of  the  award. 

The  award  shall  be  in  duplicate,  one  copy  whereof  shall  be  delivered 
to  the  Agent  of  the  United  States  for  his  Government,  and  the  other 
copy  shall  be  delivered  to  the  Agent  of  Great  Britain  for  his  Gov- 
ernment. 

Article  VIII. 

Each  Government  shall  pay  its  own  Agent  and  provide  for  the 
proper  remuneration  of  the  counsel  employed  bj’’  it  and  of  the  Ar- 
bitrator appointed  by  it,  and  for  the  expense  of  preparing  and  sub- 
mitting its  case  to  the  tribunal.  All  other  expenses  connected  with 
the  arbitration  shall  be  defrayed  by  the  two  Governments  in  equal 
moieties. 

Article  IX. 

The  Arbitrators  shall  keep  an  accurate  record  of  their  proceedings, 
and  may  appoint  and  employ  the  necessary  ofiicers  to  assist  them. 

Article  X. 

In  case  the  tribunal  finds  that  Great  Britain  has  failed  to  fulfil  any 
duty  or  duties  as  aforesaid,  and  does  not  award  a sum  in  gross,  the 
high  contracting  parties  agree  that  a board  of  assessors  shall  be  ap- 
pointed to  ascertain  and  determine  what  claims  are  valid,  and  what 
amount  or  amounts  shall  be  paid  by  Great  Britain  to  the  United 
States  on  account  of  the  liability  arising  from  such  failure,  as  to  each 
vessel,  according  to  the  extent  of  such  liability  as  decided  by  the 
Arbitrators. 

The  board  of  assessors  shall  be  constituted  as  follows : One  member 
thereof  shall  be  named  by  the  President  of  the  United  States,  one 
member  thereof  shall  be  named  by  Her  Britannic  Majesty,  and  one 
member  thereof  shall  be  named  by  the  Eepresentative  at  Washington 
of  His  Majesty  the  King  of  Italy;  and  in  case  of  a vacancy  happen- 
ing from  any  cause,  it  shall  be  filled  in  the  same  manner  in  which  the 
original  appointment  was  made. 

As  soon  as  possible  after  such  nominations  the  board  of  assessors 
shall  be  organized  in  Washington,  with  power  to  hold  their  sittings 
there,  or  in  New  York,  or  in  Boston.  The  members  thereof  shall  sev- 
erally subscribe  a solemn  declaration  that  they  will  impartially  and 
carefully  examine  and  decide,  to  the  best  of  their  judgment  and  ac- 
cording to  justice  and  equity,  all  matters  submitted  to  them,  and 
shall  forthwith  proceed,  under  such  rules  and  regulations  as  they 
may  prescribe,  to  the  investigation  of  the  claims  which  shall  be  jire- 
sented  to  them  by  the  Government  of  the  United  «States,  and  shall 
examine  and  decide  upon  them  in  such  order  and  manner  as  they  may 


GEEAT  BBITAIN 1871. 


705 


think  proper,  but  upon  such  evidence  or  information  only  as  shall  be 
furnished  by  or  on  behalf  of  the  Governments  of  the  United  States 
and  of  Great  BritaiOj  respectively.  They  shall  be  bound  to  hear  on 
each  separate  claim,  if  required,  one  person  on  behalf  of  each  Gov- 
ernment, as  counsel  or  agent.  A majority  of  the  Assessors  in  each 
case  shall  be  sufficient  for  a decision. 

The  decision  of  the  Assessors  shall  be  given  upon  each  claim  in 
writing,  and  shall  be  signed  by  them  respectively  and  dated. 

Every  claim  shall  be  presented  to  the  Assessors  within  six  months 
from  the  day  of  their  first  meeting,  but  they  may,  for  good  cause 
shown,  extend  the  time  for  the  presentation  of  any  claim  to  a further 
period  not  exceeding  three  months. 

The  Assessors  shall  report,  to  each  Government,  at  or  before  the 
expiration  of  one  year  from  the  date  of  their  first  meeting,  the  amount 
of  claims  decided  by  them  up  to  the  date  of  such  report;  if  further 
claims  then  remain  undecided,  they  shall  make  a further  report  at  or 
before  the  expiration  of  two  years  from  the  date  of  such  first  meet- 
ing; and  in  case  any  claims  remain  undetermined  at  that  time,  they 
shall  make  a final  report  within  a further  period  of  six  months. 

The  report  or  reports  shall  be  made  in  duplicate,  and  one  copy 
thereof  shall  be  delivered  to  the  Secretary  of  State  of  the  United 
States,  and  one  copy  thereof  to  the  Representative  of  Her  Britannic 
Majesty  at  Washington. 

All  sums  of  money  which  may  be  awarded  under  this  article  shall 
be  payable  at  Washington,  in  coin,  within  twelve  months  after  the 
delivery  of  each  report. 

The  board  of  assessors  may  employ  such  clerks  as  they  shall  think 
necessary. 

The  expenses  of  the  board  of  assessors  shall  be  borne  equally  by  the 
two  Governments,  and  paid  from  time  to  time,  as  may  be  found  ex- 
pedient, on  the  production  of  accounts  certified  by  the  board.  The 
remuneration  of  the  Assessors  shall  also  be  paid  by  the  two  Govern- 
ments in  equal  moieties  in  a similar  manner. 

Article  XI. 

The  high  contracting  parties  engage  to  consider  the  result  of  the 
proceedings  of  the  tribunal  of  arbitration  and  of  the  board  of  Asses- 
sors, should  such  board  be  appointed,  as  a full,  perfect,  and  final  set- 
tlement of  all  the  claims  hereinbefore  referred  to;  and  further  en- 
gage that  every  such  claim,  whether  the  same  may  or  may  not  have 
been  presented  to  the  notice  of,  made,  preferred,  or  laid  before  the 
tribunal  or  board,  shall,  from  and  after  the  conclusion  of  the  pro- 
ceedings of  the  tribunal  or  board,  be  considered  and  treated  as  finally 
settled,  barred,  and  thenceforth  inadmissible. 

Article  XII.“ 

The  high  contracting  parties  agi’ee  that  all  claims  on  the  part  of 
corporations,  companies,  or  private  individuals,  citizens  of  the  United 

“The  commission  provided  for  in  Articles  XII  to  XVII  met  in  Washington 
September  26,  1871,  and  held  its  final  meeting  September  25,  1873,  awarding 
$1,929,819  gold  to  Great  Britain.  The  claims  of  United  States  citizens  against 
Great  Britain  were  all  disallowed. 

24449— VOL  1—10 45 


706 


TREATIES,  CONVENTIONS,  ETC. 


States,  upon  the  Government  of  Her  Britannic  Majesty,  arising  out 
of  acts  committed  against  the  persons  or  property  of  citizens  of  the 
United  States  during  the  period  between  the  thirteenth  of  April, 
eighteen  hundred  and  sixty-one,  and  the  ninth  of  April,  eighteen 
hundred  and  sixty-five,  inclusive,  not  being  claims  growing  out  of 
the  acts  of  the  vessels  referred  to  in  Article  I of  this  treaty,  and  all 
claims,  with  the  like  exception,  on  the  part  of  corporation,  companies, 
or  private  individuals,  subjects  of  Her  Britannic  Majesty,  upon  the 
Government  of  the  United  States,  arising  out  of  acts  committed 
against  the  persons  or  property  of  subjects  of  Her  Britannic  Majesty 
during  the  same  period,  which  may  have  been  presented  to  either 
Government  for  its  interposition  with  the  other,  and  which  yet  remain 
unsettled,  as  well  as  any  other  such  claims  which  may  be  presented 
within  the  time  specified  in  Article  XIV  of  this  treaty,  shall  be  re- 
ferred to  three  Commissioners,  to  be  appointed  in  the  following  man- 
ner, that  is  to  say : One  Commissioner  shall  be  named  by  the  Presi- 
dent of  the  United  States,  one  by  Her  Britannic  Majesty,  and  a third 
by  the  President  of  the  United  States  and  Her  Britannic  Majesty 
conjointly;  and  in  case  the  third  Commissioner  shall  not  have  been 
so  named  within  a period  of  three  months  from  the  date  of  the  ex- 
change of  the  ratifications  of  this  treaty,  then  the  third  Commissioner 
shall  be  named  by  the  Kepresentative  at  Washington  of  His  Majesty 
the  King  of  Spain.  In  case  of  the  death,  absence,  or  incapacity  of 
any  Commissioner,  or  in  the  event  of  any  Commissioner  omitting  or 
ceasing  to  act,  the  vacancy  shall  be  filled  in  the  manner  hereinbefore 
provided  for  making  the  original  appointment;  the  period  of  three 
months  in  case  of  such  substitution  being  calculated  from  the  date  of 
the  happening  of  the  vacancy. 

The  Commissioners  so  named  shall  meet  at  Washington  at  the 
earliest  convenient  period  after  they  have  been  respectiveh'^  named; 
and  shall,  before  proceeding  to  any  business,  make  and  subscribe  a 
solemn  declaration  that  they  will  impartially  and  carefully  examine 
and  decide,  to  the  best  of  their  judgment,  and  according  to  justice 
and  equity,  all  such  claims  as  shall  be  laid  before  them  on  the  part 
of  the  Governments  of  the  United  States  and  of  Her  Britannic  Maj- 
esty, respectively ; and  such  declaration  shall  be  entered  on  the  record 
of  their  proceedings. 

Article  XIII. 

The  Commissioners  shall  then  forthwith  proceed  to  the  investiga- 
tion of  the  claims  which  shall  be  presented  to  them.  They  shall  in- 
vestigate and  decide  such  claims  in  such  order  and  such  manner  as 
they  may  think  proper,  but  upon  such  evidence  or  information  only 
as  shall  be  furnished  by  or  on  behalf  of  the  respective  Governments. 
They  shall  be  bound  to  receive  and  consider  all  written  documents  or 
statements  which  may  be  presented  to  them  by  or  on  behalf  of  the 
respective  Governments  in  support  of,  or  in  answer  to,  any  claim, 
and  to  hear,  if  required,  one  person  on  each  side,  on  behalf  of  each 
Government,  as  counsel  or  agent  for  such  Government,  on  each  and 
every  separate  claim.  A majority  of  the  Commissioners  shall  be  suffi- 
cient for  an  award  in  each  case.  The  award  shall  be  given  upon 
each  claim  in  writing,  and  shall  be  signed  by  the  Commissioners  as- 
senting to  it.  It  shall  be  competent  for  each  Government  to  name 


GREAT  BRITAIN — 1871. 


707 


one  person  to  attend  the  Commissioners  as  its  agent,  to  present  and 
support  claims  on  its  behalf,  and  to  answer  claims  made  upon  it,  and 
to  represent  it  generally  in  all  matters  connected  with  the  investiga- 
tion and  decision  thereof. 

The  high  contracting  parties  hereby  engage  to  consider  the  de- 
cision of  the  Commissioners  as  absolutely  final  and  conclusive  upon 
each  claim  decided  upon  by  them,  and  to  give  full  effect  to  such 
decisions  without  any  objection,  evasion,  or  delay  whatsoever. 

Article  XIV. 

Every  claim  shall  be  presented  to  the  Commissioners  within  six 
months  from  the  day  of  their  first  meeting,  unless  in  any  case  where 
reasons  for  delay  shall  be  established  to  the  satisfaction  of  the  Com- 
missioners, and  then,  and  in*  any  such  case,  the  period  for  presenting 
the  claim  may  be  extended  by  them  to  any  time  not  exceeding  three 
months  longer. 

The  Commissioners  shall  be  bound  to  examine  and  decide  upon 
every  claim  within  two  years  from  the  day  of  their  first  meeting.  It 
shall  be  competent  for  the  Commissioners  to  decide  in  each  case 
whether  any  claim  has  or  has  not  been  duly  made,  preferred,  and 
laid  before  them,  either  wholly  or  to  any  and  what  extent,  according 
to  the  true  intent  and  meaning  of  this  treaty. 

Article  XV. 

All  sums  of  money  which  may  be  awarded  by  the  Commissioners 
on  account  of  any  claim  shall  be  paid  by  the  one  Government  to  the 
other,  as  the  case  may  be,  within  twelve  months  after  the  date  of  the 
final  award,  without  interest,  and  without  any  deduction  save  as 
specified  in  Article  XVI  of  this  treaty. 

Article  XVI. 

The  Commissioners  shall  keep  an  accurate  record,  and  correct 
minutes  or  notes  of  all  their  proceedings,  Avith  the  dates  thereof,  and 
may  appoint  and  employ  a secretary,  and  any  other  necessary  officer, 
or  officers,  to  assist  them  in  the  transaction  of  the  business  which  may 
come  before  them. 

Each  Government  shall  pay  its  own  Commissioner  and  Agent  or 
Council.  All  other  expenses  shall  be  defrayed  by  the  two  Govern- 
ments in  equal  moieties. 

The  whole  expenses  of  the  commission,  including  contingent  ex- 
penses, shall  be  defrayed  by  a ratable  deduction  on  the  amount  of 
the  sums  awarded  by  the  Commissioners,  provided  always  that  such 
deduction  shall  not  exceed  the  rate  of  five  per  cent,  on  the  sums  so 
awarded. 

Article  XVII. 

The  high  contracting  parties  engage  to  consider  the  result  of  the 
proceedings  of  this  commission  as  a full,  perfect,  and  final  settlement 
of  all  such  claims  as  are  mentioned  in  Article  XII  of  this  treaty  upon 
either  Government;  and  further  engage  that  every  such  claim, 
whether  or  not  the  same  may  have  been  presented  to  the  notice  of, 
made,  preferred,  or  laid  before  the  said  commission,  shall,  from  and 


708 


TREATIES,  CONVENTIONS,  ETC. 


after  the  conclusion  of  the  proceedings  of  the  said  commission,  be 
considered  and  treated  as  finally  settled,  barred,  and  thenceforth 
inadmissible. 

Article  XVIII.® 

It  is  agreed  by  the  high  contracting  parties  that,  in  addition  to  the 
liberty  secured  to  the  United  States  fishermen  by  the  convention  be- 
tween the  United  States  and  Great  Britain,  signed  at  London  on  the 
20th  day  of  October,  1818,  of  taking,  curing,  and  drying  fish  on 
certain  coasts  of  the  British  North  American  Colonies  therein  de- 
fined, the  inhabitants  of  the  United  States  shall  have,  in  common  with 
the  subjects  of  Her  Britannic  Majesty,  the  liberty,  for  the  term  of 
years  mentioned  in  Article  XXXIII  of  this  treaty,  to  take  fish  of 
every  kind,  except  shell-fish,  on  the  sea-Qoasts  and  shores,  and  in  the 
bays,  harbours,  and  creeks,  of  the  provinces  of  Quebec,  Nova  Scotia, 
and  New  Brunswick,  and  the  colony  of  Prince  Edwarcl’s  Island,  and 
of  the  several  islands  thereunto  adjacent,  without  being  restricted  to 
any  distance  from  the  shore,  with  permission  to  land  upon  the  said 
coasts  and  shores  and  islands,  and  also  upon  the  Magdalen  Islands, 
for  the  purpose  of  drying  their  nets  and  curing  their  fish ; provided 
that,  in  so  doing,  they  do  not  interfere  with  the  rights  of  private 
property,  or  with  British  fishermen,  in  the  peaceable  use  of  any  part 
of  the  said  coasts  in  their  occupancy  for  the  same  purpose. 

It  is  understood  that  the  above-mentioned  liberty  applies  solely  to 
the  sea  fishery,  and  that  the  salmon  and  shad  fisheries,  and  all  other 
fisheries  in  rivers  and  the  mouths  of  rivers,  are  hereby  reserved  ex- 
clusively for  British  fishermen. 

Article  XIX.® 

It  is  agreed  by  the  high  contracting  parties  that  British  subjects 
shall  have,  in  common  with  the  citizens  of  the  United  States,  the 
liberty,  for  the  term  of  years  mentioned  in  Article  XXXIII  of  this 
treaty,  to  take  fish  of  every  kind,  except  shell-fish,  on  the  eastern  sea 
coasts  and  shores  of  the  United  States  north  of  the  thirty-ninth 
parallel  of  north  latitude,  and  on  the  shores  of  the  several  islands 
thereunto  adjacent,  and  in  the  bays,  harbours,  and  creeks  of  the  said 
sea-coasts  and  shores  of  the  United  States  and  of  the  said  islands, 
without  being  restricted  to  any  distance  from  the  shore,  with  permis- 
sion to  land  upon  the  said  coasts  of  the  United  States  and  of  the 
islands  aforesaid,  for  the  jmrpose  of  dr5dng  their  nets  and  curing 
their  fish ; provided  that,  in  so  doing,  they  do  not  interfere  with  the 
rights  of  private  property,  or  with  the  fishermen  of  the  United  States 
in  the  peaceable  use  of  any  part  of  the  said  coasts  in  their  occupancy 
for  the  same  purpose. 

It  is  understood  that  the  above-mentioned  liberty  applies  solely  to 
the  sea  fishery,  and  that  salmon  and  shad  fisheries,  and  all  other 
fisheries  in  rivers  and  mouths  of  rivers,  are  hereby  reserved  ex- 
clusively for  fishermen  of  the  United  States. 


“Articles  XVIII  to  XXV,  inc.,  and  Articles  XXX  and  XXXII  were  terminated 
July  1,  1885,  upon  notice  given  in  pursuance  of  a joint  resolution  of  March  3, 
1883.  The  Commission  provided  for  in  Articles  XXII  to  XXV  met  at  Halifax, 
Nova  Scotia,  June  15,  1877,  and  November  23,  1877,  awarded  to  Great  Britain 
15,500,000  in  gold. 


GREAT  BRITAIN — -1871. 


709 


Article  XX.® 

It  is  agreed  that  the  places  designated  by  the  Commissioners  ap- 
pointed under  the  first  article  of  the  treaty  between  the  United  States 
and  Great  Britain,  concluded  at  Washington  on  the  5th  of  June, 
1854,  upon  the  coasts  of  Her  Britannic  Majesty’s  dominions  and  the 
United  States,  as  places  reserved  from  the  common  right  of  fishing 
under  that  treaty,  shall  be  regarded  as  in  like  manner  reserved  from 
the  common  right  of  fishing  under  the  preceding  articles.  In  case  any 
question  should  arise  between  the  Governments  of  the  United  States 
and  of  Her  Britannic  Majesty  as  to  the  common  right  of  fishing  in 
places  not  thus  designated  as  reserved,  it  is  agreed  that  a commission 
shall  be  appointed  to  designate  such  places,  and  shall  be  constituted  in 
the  same  manner,  and  have  the  same  powers,  duties,  and  authority  as 
the  commission  appointed  under  the  said  first  article  of  the  treaty  of 
the  5th  of  June,  1854. 

Article  XXI.“ 

It  is  agreed  that,  for  the  term  of  years  mentioned  in  Article 
XXXIII  of  this  treaty,  fish  oil  and  fish  of  all  kinds,  (except  fish  of 
the  inland  lakes,  and  of  the  rivers  falling  into  them,  and  except  fish 
preserved  in  oil,)  being  the  produce  of  the  fisheries  of  the  United 
States,  or  of  the  Dominion  of  Canada,  or  of  Prince  Edward’s  Island, 
shall  be  admitted  into  each  country,  respectively,  free  of  duty. 

Article  XXII.® 

Inasmuch  as  it  is  asserted  by  the  Government  of  Her  Britannic 
Majesty  that  the  privileges  accorded  to  the  citizens  of  the  United 
States  under  Article  XVIII  of  this  treaty  are  of  greater  value  than 
those  accorded  by  Articles  XIX  and  XXI  of  this  treaty  to  the  sub- 
jects of  Her  Britannic  Majesty,  and  this  assertion  is  not  admitted  by 
the  Government  of  the  United  States,  it  is  further  agreed  that  Com- 
missioners shall  be  appointed  to  determine,  having  regard  to  the 
privileges  accorded  by  the  United  States  to  the  subjects  of  Her 
Britannic  Majesty,  as  stated  in  Articles  XIX  and  XXI  of  this  treaty, 
the  amount  of  any  compensation  which,  in  their  opinion,  ought  to  be 
paid  by  the  Government  of  the  United  States  to  the  Government  of 
Her  Britannic  Majesty  in  return  for  the  privileges  accorded  to  the 
citizens  of  the  United  States  under  Article  XVIII  of  this  treaty; 
and  that  any  sum  of  mone}'^  which  the  said  Commissioners  may  so 
award  shall  be  paid  by  the  United  States  Government,  in  a gross 
sum,  within  twelve  months  after  such  award  shall  have  been  given. 

Article  XXIII.® 

The  Commissioners  referred  to  in  the  preceding  article  shall  be 
appointed  in  the  following  manner,  that  is  to  say : One  Commissioner 


® Articles  XVIII  to  XXV,  inc.,  and  Articles  XXX  and  XXXII  were  terminated 
July  1,  1885,  upon  notice  given  in  pursuance  of  a joint  resolution  of  March  .8, 
1883.  The  Commission  provided  for  in  Articles  XXII  to  XXV  met  at  Halifax, 
Nova  Scotia,  June  15,  1877,  and  November  23,  1877,  awarded  to  Great  Britain 
85,500,000  in  gold- 


710 


TREATIES,  COKVENTIONS,  ETC. 


shall  be  named  by  the  President  of  the  United  States,  one  by  Her 
Britannic  Majesty,  and  a third  by  the  President  of  the  United  States 
and  Her  Britannic  Majesty  conjointly;  and  in  case  the  third  Com- 
missioner shall  not  have  been  so  named  within  a period  of  three 
months  from  the  date  when  this  article  shall  take  effect,  then  the  third 
Commissioner  shall  be  named  by  the  Representative  at  London  of  His 
Majesty  the  Emperor  of  Austria  and  King  of  Hungary.  In  case  of  the 
death,  absence,  or  incapacity  of  any  Commissioner,  or  in  the  event  of 
any  Commissioner  omitting  or  ceasing  to  act,  the  vacancy  shall  be 
filled  in  the  manner  hereinbefore  provided  for  making  the  original 
appointment,  the  period  of  three  months  in  case  of  such  substitution 
being  calculated  from  the  date  of  the  happening  of  the  vacancy. 

The  Commissioners  so  named  shall  meet  in  the  city  of  Halifax,  in 
the  province  of  Nova  Scotia,  at  the  earliest  convenient  period  after 
they  have  been  respectively  named,  and  shall,  before  proceeding  to 
any  business,  make  and  subscribe  a solemn  declaration  that  they  will 
impartially  and  carefully  examine  and  decide  the  matters  referred  to 
them  to  the  best  of  their  judgment,  and  according  to  justice  and 
equity;  and  such  declaration  shall  be  entered  on  the  record  of  their 
proceedings. 

Each  of  the  high  contracting  parties  shall  also  name  one  person  to 
attend  the  commission  as  its  Agent,  to  represent  it  generally  in  all 
matters  connected  with  the  commission. 

Article  XXIV.® 

The  proceedings  shall  be  conducted  in  such  order  as  the  Commis- 
sioners appointed  under  Articles  XXII  and  XXIII  of  this  treaty 
shall  determine.  They  shall  be  bound  to  receive  such  oral  or  written 
testimony  as  either  Government  may  present.  If  either  party  shall 
offer  oral  testimony,  the  other  party  shall  have  the  right  of  cross- 
examination,  under  such  rules  as  the  Commissioners  shall  prescribe. 

If  in  the  case  submitted  to  the  Commissioners  either  party  shall 
have  specified  or  alluded  to  any  report  or  document  in  its  own  exclu- 
sive possession,  without  annexing  a copy,  such  party  shall  be  bound, 
if  the  other  party  thinks  proper  to  apply  for  it,  to  furnish  that  party 
with  a copy  thereof;  and  either  party  may  call  upon  the  other, 
through  the  Commissioners,  to  produce  the  originals  or  certified 
copies  of  any  papers  adduced  as  evidence,  giving  in  each  instance 
such  reasonable  notice  as  the  Commissioners  may  require. 

The  case  on  either  side  shall  be  closed  within  a period  of  six  months 
from  the  date  of  the  organization  of  the  Commission,  and  the  Com- 
missioners shall  be  requested  to  give  their  award  as  soon  as  possible 
thereafter.  The  aforesaid  period  of  six  months  may  be  extended  for 
three  months  in  case  of  a vacancy  occurring  among  the  Commis- 
sioners under  the  circumstances  contemplated  in  Article  XXIII  of 
this  treaty. 

Article  XXV.“ 

The  Commissi^ers  shall  keep  an  accurate  record  and  correct 
minutes  or  notes  of  all  their  proceedings,  with  the  dates  thereof,  and 


« Terminated  July  1, 1885. 


GREAT  BRITAIN 1871. 


711 


may  appoint  and  employ  a Secretary  and  any  other  necessary  officer 
or  officers  to  assist  them  in  the  transaction  of  the  business  which  may 
come  before  them 

Each  of  the  high  contracting  parties  shall  pay  its  own  Commis- 
sioner and  Agent  or  Counsel ; all  other  expenses  shall  be  defrayed  by 
the  two  Governments  in  equal  moieties. 

Article  XXVI. 

The  navigation  of  the  river  St.  Lawrence,  ascending  and  descend- 
ing, from  the  forty-fifth  parallel  of  north  latitude,  where  it  ceases  to 
form  the  boundary  between  the  two  countries,  from,  to,  and  into  the 
sea,  shall  forever  remain  free  and  open  for  the  purposes  of  commerce 
to  the  citizens  of  the  United  States,  subject  to  any  laws  and  regula- 
tions of  Great  Britain,  or  of  the  Dominion  of  Canada,  not  inconsistent 
with  such  privilege  of  free  navigation. 

The  navigation  of  the  rivers  Yukon,  Porcupine,  and  Stikine, 
ascending  and  descending,  from,  to,  and  into  the  sea,  shall  forever 
remain  free  and  open  for  the  purposes  of  commerce  to  the  subjects 
of  Her  Britannic  Majesty  and  to  the  citizens  of  the  United  States, 
subject  to  any  laws  and  regulations  of  either  country  within  its 
own  territory,  not  inconsistent  with  such  privilege  of  free  navigation. 

Article  XXVII. 

The  Government  of  Her  Britannic  Majesty  engages  to  urge  upon 
the  Government  of  the  Dominion  of  Canada  to  secure  to  the  citizens 
of  the  United  States  the  use  of  the  Welland,  St.  Lawrence,  and 
other  canals  in  the  Dominion  on  terms  of  equality  with  the  inhab- 
itants of  the  Dominion;  and  the  Government  of  the  United  States 
engages  that  the  subjects  of  Her  Britannic  ISIajesty  shall  enjoy  the 
use  of  the  St.  Clair  Flats  canal  on  terms  of  equality  with  the  in- 
habitants of  the  United  States,  and  further  engages  to  urge  upon 
the  State  Governments  to  secure  to  the  subjects  of  Her  Britannic 
Majesty  the  use  of  the  several  State  canals  connected  with  the  navi- 
gation of  the  lakes  or  rivers  traversed  by  or  contiguous  to  the  bound- 
ary line  between  the  possessions  of  the  high  contracting  parties, 
on  terms  of  equality  with  the  inhabitants  of  the  United  States. 

Article  XXVIII.<* 

The  navigation  of  Lake  Michigan  shall  also,  for  the  term  of  years 
mentioned  in  Article  XXXIII  of  this  treaty,  be  free  and  open  for 
the  purposes  of  commerce  to  the  subjects  of  Her  Britannic  Majesty, 
subject  to  any  laws  and  regulations  of  the  United  States  or  of  the 
States  bordering  thereon  not  inconsistent  with  such  privilege  of 
free  navigation. 

Article  XXIX.® 

It  is  agreed  that,  for  the  term  of  years  mentioned  in  Article 
XXXIII  of  this  treaty,  goods,  wares,  or  merchandise  arriving  at 
the  ports  of  New  York,  Boston,  and  Portland,  and  any  other  ports 


“Not  considered  in  effect.  (See  Messages  & Papers  of  Presidents,  vol.  IX, 
p.  335.) 


712 


TREATIES,  CONVENTIONS,  ETC. 


in  the  United  States  which  have  been  or  may,  from  time  to  time, 
be  specially  designated  by  the  President  of  United  States,  and  des- 
tined for  Her  Britannic  Majesty’s  possessions  in  North  America, 
may  be  entered  at  the  proper  custom-house  and  conveyed  in  transit, 
without  the  payment  of  duties,  through  the  territory  of  the  United 
States,  under  such  rules,  regulations,  and  conditions  for  the  pro- 
tection of  the  revenue  as  the  Government  of  the  United  States  may 
from  time  to  time  prescribe;  and  under  like  rules,  regulations,  and 
conditions,  goods,  wares,  or  merchandise  may  be  convej^ed  in  transit, 
without  the  payment  of  duties,  from  such  possessions  through  the 
territor}'  of  the  United  States  for  export  from  the  said  ports  of  the 
United  States. 

It  is  further  agreed  that,  for  the  like  period,  goods,  wares,  or  mer- 
chandise arriving  at  any  of  the  ports  of  Her  Britannic  Majesty’s 
possessions  in  North  America  and  destined  for  the  United  States 
may  be  entered  at  the  proper  custom-house  and  conveyed  in  transit, 
without  the  payment  of  duties,  through  the  said  possessions,  under 
such  rules  and  regulations,  and  conditions  for  the  protection  of  the 
revenue,  as  the  Governments  of  the  said  possessions  may  from  time 
to  time  prescribe;  and  under  like  rules,  regulations,  and  conditions 
goods,  wares,  or  merchandise  may  be  conveyed  in  transit,  without 
payment  of  duties,  from  the  United  States  through  the  said  pos- 
sessions to  other  places  in  the  United  States,  or  for  export  from 
ports  in  the  said  possessions. 

Article  XXX.“ 

It  is  agreed  that,  for  the  terms  of  years  mentioned  in  Article 
XXXIII  of  this  treaty,  subjects  of  Her  Britannic  Majesty  may 
carry  in  British  vessels,  without  payment  of  duty,  goods,  wares,  or 
merchandise  from  one  port  or  place  within  the  territory  of  the 
United  States  upon  the  St.  Lawrence,  the  great  lakes,  and  the  rivers 
connecting  the  same,  to  another  port  or  place  within  the  territory  of 
the  United  States  as  aforesaid:  Provided,  That  a portion  of  such 
transportation  is  made  through  the  Dominion  of  Canada  by  land 
carriage  and  in  bond,  under  such  rules  and  regulations  as  may  be 
agreed  upon  between  the  Government  of  Her  Britannic  Majesty  and 
the  Government  of  the  United  States. 

Citizens  of  the  United  States  may  for  the  like  period  carry  in 
United  States  vessels,  without  payment  of  duty,  goods,  wares,  or 
merchandise  from  one  port  or  place  within  the  possessions  of  Her 
Britannic  Majesty  in  North  America,  to  another  port  or  place  within 
the  said  possessions:  Provided,  That  a portion  of  such  transporta- 
tion is  made  through  the  territory  of  the  United  States  by  land 
carriage  and  in  bond,  under  such  rules  and  regulations  as  may  be 
agreed  upon  between  the  Government  of  the  United  States  and  the 
Government  of  Her  Britannic  Majesty. 

The  Government  of  the  United  States  further  engages  not  to  im- 
pose any  export  duties  on  goods,  wares,  or  merchandise  carried  under 
this  article  through  the  territory  of  the  United  States;  and  Her  Maj- 
esty’s Government  engages  to  urge  the  Parliament  of  the  Dominion 
of  Canada  and  the  Legislatures  of  the  other  colonies  not  to  impose 


TRis  article  terminated  July  1,  1885,  on  notice  by  United  States. 


GREAT  BRITAIN ^1871. 


713 


any  export  duties  on  goods,  wares,  or  merchandise  carried  under  this 
article;  and  the  Government  of  the  United  States  may,  in  case  such 
export  duties  are  imposed  by  the  Dominion  of  Canada,  suspend, 
during  the  23eriod  that  such  duties  are  imposed,  the  right  of  carry- 
ing granted  under  this  article  in  favor  of  the  subjects  of  Her  Britan- 
nic Majesty. 

The  Government  of  the  United  States  may  suspend  the  right  of 
carrying  granted  in  favor  of  the  subjects  of  Her  Britannic  Majesty 
under  this  article  in  case  the  Dominion  of  Canada  should  at  any 
time  deprive  the  citizens  of  the  United  States  of  the  use  of  the 
canals  of  the  said  Dominion  on  terms  of  equality  with  the  inhab- 
itants of  the  Dominion,  as  provided  in  Article  XXVII. 

Artk  t.e  XXXI. 

The  Government  of  Her  Britannic  Majesty  further  engages  to 
urge  upon  the  Parliament  of  the  Dominion  of  Canada  and  the  Legis- 
lature of  New  Brunswick,  that  no  export  duty,  or  other  duty,  shall 
be  levied  on  lumber  or  timber  of  any  kind  cut  on  that'  portion  of 
the  American  territory  in  the  State  of  Maine  watered  by  the  river 
St.  John  and  its  tributaries,  and  floated  down  that  river  to  the  sea, 
when  the  same  is  shipped  to  the  United  States  from  the  province 
of  New  Brunswick.  And,  in  case  any  such  export  or  other  duty 
continues  to  be  levied  after  the  expiration  of  one  year  from  the  date 
of  the  exchange  of  the  ratifications  of  this  treaty,  it  is  agreed  that 
the  Government  of  the  United  States  may  suspend  the  right  of 
carrying  hereinbefore  granted  under  Article  XXX  of  this  treaty  for 
such  period  as  such  export  or  other  duty  may  be  levied. 

Article  XXXII.“ 

It  is  further  agreed  that  the  provisions  and  stipulations  of  Articles 
XVIII  to  XXV  of  this  treaty,  inclusive,  shall  extend  to  the  colony 
of  Newfoundland,  so  far  as  they  are  applicable.  But  if  the  Imperial 
Parliament,  the  Legislature  of  Newfoundland,  or  the  Congress  of  the 
United  States,  shall  not  embrace  the  colony  of  Newfoundland  in  their 
laws  enacted  for  carrying  the  foregoing  articles  into  effect,  then  this 
article  shall  be  of  no  effect;  but  the  omission  to  make  provision  by 
law  to  give  it  effect,  by  either  of  the  legislative  bodies  aforesaid,  shMl 
not  in  any  way  impair  any  other  articles  of  this  treaty. 

Article  XXXIII. 

The  foregoing  Articles  XVIII  to  XXV,  inclusive,  and  Article 
XXX  of  this  treaty  shall  take  effect  as  soon  as  the  laws  required  to 
carry  them  into  operation  shall  have  been  passed  by  the  Imperial 
Parliament  of  Great  Britain,  by  the  Parliament  of  Canada,  and  by 
the  Legislature  of  Prince  Edward’s  Island  on  the  one  hand,  and  by 
the  Congress  of  the  United  States  on  the  other.  Such  assent  having 
been  given,  the  said  articles  shall  remain  in  force  for  the  period  of 
ten  years  from  the  date  at  which  they  may  come  into  operation ; and 
further  until  the  expiration  of  two  years  after  either  of  the  high 


“This  article  terminated  July  1,  1885,  on  notice  by  United  States. 


714 


TREATIES,  CONVENTIONS,  ETC. 


contracting  parties  shall  have  given  notice  to  the  other  of  its  wish 
to  terminate  the  same;  each  of  the  high  contracting  parties  being  at 
liberty  to  give  such  notice  to  the  other  at  the  end  of  the  said  period 
of  ten  years  or  at  any  time  afterward. 

Article  XXXIV.» 

IVhereas  it  was  stipulated  by  Article  I of  the  treaty  concluded  at 
Washington  on  the  15th  of  June,  1846,  between  the  United  States  and 
Her  Britannic  Majesty,  that  the  line  of  boundary  between  the  terri- 
tories of  the  United  States  and  those  of  Her  Britannic  Majesty,  from 
the  point  of  the  forty-ninth  parallel  of  north  latitude  up  to  which 
it  had  already  been  ascertained,  should  be  continued  westward  along 
the  said  parallel  of  north  latitude  “ to  the  middle  of  the  channel 
which  separates  the  continent  from  Vancouver’s  Island,  and  thence 
southerly,  through  the  middle  of  the  said  channel  and  of  Fuca  Straits, 
to  the  Pacific  Ocean;”  and  whereas  the  Commissioners  appointed  by 
the  two  high  contracting  parties  to  determine  that  portion  of  the 
boundary  which  runs  southerly  through  the  middle  of  the  channel 
aforesaid,  were  unable  to  agree  upon  the  same;  and  whereas  the 
Government  of  Her  Britannic  Majesty  claims  that  such  boundary 
line  should,  under  the  terms  of  the  treaty  above  recited,  be  run 
through  the  Rosario  Straits,  and  the  Government  of  the  United 
States  claims  that  it  should  be  run  through  the  Canal  de  Haro,  it  is 
agreed  that  the  respective  claims  of  the  Government  of  the  United 
States  and  of  the  Government  of  Her  Britannic  Majesty  shall  be 
submitted  to  the  arbitration  and  award  of  His  Majesty  the  Emperor 
of  Germany,  who,  having  regard  to  the  above-mentioned  article  of 
the  said  treaty,  shall  decide  thereupon,  finally  and  without  appeal, 
which  of  those  claims  is  most  in  accordance  with  the  true  interpreta- 
tion of  the  treaty  of  June  15,  1846. 

Article  XXXV.“ 

The  award  of  His  Majesty  the  Emperor  of  Germany  shall  be  con- 
sidered as  absolutely  final  and  conclusive:  and  full  effect  shall  be 
given  to  such  award  without  any  objection,  evasion,  or  delay  whatso- 
ever. Such  decision  shall  be  given  in  writing  and  dated;  it  shall  be 
in  whatsoever  form  His  Majesty  may  choose  to  adopt;  it  shall  be 
delivered  to  the  Rejiresentatives  or  other  public  Agents  of  the  United 
States  and  of  Great  Britain,  respectively,  who  may  be  actually  at 
Berlin,  and  shall  be  considered  as  operative  from  the  day  of  the 
date  of  the  delivery  thereof. 

Article  XXXVI.<» 

The  written  or  printed  case  of  each  of  the  two  parties,  accompanied 
by  the  evidence  offered  in  support  of  the  same,  shall  be  laid  before  His 
Majesty  the  Emperor  of  Germany  within  six  months  from  the  date 
of  the  exchange  of  the  ratifications  of  this  treaty,  and  a copy  of  such 
case  and  evidence  shall  be  communicated  by  each  party  to  the  other, 
through  their  respective  Representatives  at  Berlin. 

The  high  contracting  parties  may  include  in  the  evidence  to  be 
considered  by  the  Arbitrator  such  documents,  official  correspondence, 


“ See  award  of  Emperor  of  Germany,  page  716. 


GREAT  BRITAIN 1871. 


715 


and  other  official  or  public  statements  bearing  on  the  subject  of  the 
reference  as  they  may  consider  necessary  to  the  support  of  their 
respective  cases. 

After  the  written  or  printed  case  shall  have  been  communicated  by 
each  party  to  the  other,  each  party  shall  have  the  power  of  drawing 
up  and  laying  before  the  Arbitrator  a second  and  definitive  statement, 
if  it  think  fit  to  do  so,  in  reply  to  the  case  of  the  other  party  so  com- 
municated, which  definite  statement  shall  be  so  laid  before  the  Arbi- 
trator, and  also  be  mutually  communicated  in  the  same  manner  as 
aforesaid,  by  each  party  to  the  other,  within  six  months  from  the 
date  of  laying  the  first  statement  of  the  case  before  the  Arbitrator. 

Article  XXXVII.» 

If,  in  the  case  submitted  to  the  Arbitrator,  either  party  shall 
specify  or  allude  to  any  report  or  document  in  its  own  exclusive 
possession  without  annexing  a copy,  such  party  shall  be  bound,  if 
the  other  party  thinks  proper  to  apply  for  it,  to  furnish  that  party 
with  a copy  thereof,  and  either  party  may  call  upon  the  other, 
through  the  Arbitrator,  to  produce  the  originals  or  certified  copies 
of  any  papers  adduced  as  evidence,  giving  in  each  instance  such 
reasonable  notice  as  the  Arbitrator  may  require.  And  if  the  Arbi- 
trator should  desire  further  elucidation  or  evidence  with  regard  to 
any  point  contained  in  the  statements  laid  before  him,  he  shall  be 
at  liberty  to  require  it  from  either  party,  and  he  shall  be  at  liberty  to 
hear  one  Counsel  or  Agent  for  each  party,  in  relation  to  any  matter, 
and  at  such  time,  and  in  such  manner,  as  he  may  think  fit. 

Article  XXXVIII.» 

The  Representatives  or  other  public  Agents  of  the  United  States 
and  of  Great  Britain  at  Berlin,  respectively,  shall  be  considered  as 
the  Agents  of  their  respective  Governments  to  conduct  their  cases 
before  the  Arbitrator,  who  shall  be  requested  to  address  all  his  com- 
munications and  give  all  his  notices  to  such  Representatives  or  other 
public  Agents,  who  shall  repre.sent  their  respective  Governments 
generally,  in  all  matters  connected  with  the  arbitration. 

Article  XXXI  X.“ 

It  shall  be  competent  to  the  Arbitrator  to  proceed  in  the  said  arbi- 
tration, and  all  matters  relating  thereto,  as  and  when  he  shall  see  fit, 
either  in  person,  or  by  a person  or  persons  named  by  him  for  that 
purpose,  either  in  the  presence  or  absence  of  either  or  both  Agents, 
and  either  orally,  or  by  written  discussion  or  otherwise. 

Article  XL.® 

The  Arbitrator  may,  if  he  think  fit,  appoint  a Secretary,  or  Clerk, 
for  the  purposes  of  the  proposed  arbitration,  at  such  rate  of  renumer- 
ation as  he  shall  think  proper.  This,  and  all  other  expenses  of  and 
connected  with  the  said  arbitration,  shall  be  provided  for  as  herein- 
after stipulated. 


“ See  award,  page  716. 


716  TREATIES,  CONVENTIONS,  BTO. 

Article  XLI.“ 

The  Arbitrator  shall  be  requested  to  deliver,  together  with  his 
award,  an  account  of  all  the  costs  and  expenses  which  he  may  have 
been  put  to,  in  relation  to  this  matter,  which  shall  forthwith  be  re- 
paid by  the  two  Governments  in  equal  moieties. 

Article  XLII.® 

The  Arbitrator  shall  be  requested  to  give  his  award  in  writing  as 
early  as  convenient  after  the  whole  case  on  each  side  shall  have  been 
laid  before  him,  and  to  deliver  one  copy  thereof  to  each  of  the  said 
Agents. 

Article  XLIII. 

The  present  treaty  shall  be  duly  ratified  by  the  President  of  the 
United  States  of  America,  by  and  with  the  advice  and  consent  of 
the  Senate  thereof,  and  by  Her  Britannic  Majesty;  and  the  ratifica- 
tions shall  be  exchanged  either  at  Washington  or  at  London  within 
six  months  from  the  date  hereof,  or  earlier  if  possible. 

In  faith  whereof,  we,  the  respective  Plenipotentiaries,  have  signed 
this  treaty  and  have  hereunto  affixed  our  seals. 

Done  in  duplicate  at  Washington  the  eighth  day  of  May,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  seventy-one. 


SEAL.] 

Hamilton  Fish. 

SEAL.] 

Robt.  C.  Schenck. 

SEAL.] 

Samuel  Nelson. 

SEAL.] 

Ebenezer  Rockwood  Hoar. 

SEAL.] 

Geo.  H.  Williams. 

SEAL.] 

De  Grey  & Ripon. 

'seal.] 

Stafford  H.  Northcote. 

SEAL.] 

Edwd.  Thornton. 

SEAL.] 

John  A.  Macdonald. 

SEAL.] 

Montague  Bernard. 

AWARD  OP  THE  EMPEROR  OF  GERMANY  UNDER  THE  XXXIVth 
ARTICLE  OF  THE  TREATY  OP  MAY  8,  1871,  GIVING  THE  ISLAND  OF 
SAN  JUAN  TO  THE  UNITED  STATES. 


ITranslation.] 

We,  William,  by  the  grace  of  God,  German  Emperor,  King  of  Prussia, 

&c.,  &c.,  &c. 

After  examination  of  the  Treaty  concluded  at  Washington  on  the 
6th  ^ of  May,  1871,  between  the  Governments  of  Her  Britannic 
Majesty  and  of  the  United  States  of  America,  according  to  which 
the  said  Governments  have  submitted  to  Our  Arbitrament  the  ques- 
tion at  issue  between  them,  whether  the  boundary-line  which,  ac- 
cording to  the  Treaty  of  Washington  of  June  15,  1846,  after  being 
carried  westward  along  the  forty-ninth  parallel  of  northern  latitude 


“ See  award,  page  716. 

® So  in  the  original.  The  date  of  the  treaty  is,  however.  May  8th. 


GREAT  BRITAIN — IS*?!. 


717 


to  the  middle  of  the  channel  which  separates  the  continent  from  Van- 
couver’s Island  is  thence  to  be  drawn  southerly  through  the  middle 
of  the  said  channel  and  of  the  Fuca  Straits  to  the  Pacific  Ocean, 
should  be  drawn  through  the  Rosario  Channel  as  the  Government  of 
Her  Britannic  Majesty  claims,  or  through  the  Haro  Channel  as  the 
Government  of  the  United  States  claims;  to  the  end  that  We  may 
finally  and  without  appeal  decide  which  of  these  claims  is  most  in 
accordance  with  the  true  interpretation  of  the  treaty  of  June  15, 1846. 

After  hearing  the  report  made  to  Us  by  the  experts  and  jurists 
summoned  by  Us  upon  the  contents  of  the  interchanged  memorials 
and  their  appendices — 

Have  decreed  the  following  award: 

Most  in  accordance  with  the  true  interpretations  of  the  Treaty  con- 
cluded on  the  15th  of  June,  1846,  between  the  Governments  of  Her 
Britannic  Majesty  and  of  the  United  States  of  America,  is  the  claim 
of  the  Government  of  the  United  States  that  the  boundary-line  be- 
tween the  territories  of  Her  Britannic  Majesty  and  the  United  States 
should  be  drawn  through  the  Haro  Channel. 

Authenticated  by  Our  Autographic  Signature  and  the  impression 
of  the  imperial  great  seal. 

Given  at  Berlin,  October  the  21st,  1872. 

[seal.]  William. 


THE  geneva  award  UNDER  ARTICLES  I TO  XI  OF  THE  CONVEN- 
TION OF  1871  made  by  the  tribunal  of  arbitration  constituted  by  virtue  of 
the  first  article  of  the  treaty  concluded  at  Washington  the  8th  of  May  1871, 
between  the  United  States  and  Great  Britain. 

The  United  States  of  America  and  Her  Britannic  Majesty  having 
agreed  by  Article  I.  of  the  treaty  concluded  and  signed  at  Washing- 
ton the  8th  of  iMay  1871,  to  refer  all  the  claims  “ generically  known 
as  the  Alabama  claims  ” to  a tribunal  of  arbitration  to  be  composed 
of  five  arbitrators  named : 

One  by  the  President  of  the  United  States, 

One  by  Her  Britannic  Majesty, 

One  by  His  Majesty  the  King  of  Italy, 

One  by  the  President  of  the  Swiss  Confederation, 

One  by  his  Majesty  the  Emperor  of  Brazil; 

And  the  President  of  the  United  States,  Her  Britannic  Majesty, 
His  Majesty  the  King  of  Italy,  the  President  of  the  Swiss  Confed- 
eration, and  His  Majesty  the  Emperor  of  Brazil  having  respectively 
named  their  arbitrators,  to  wit : 

The  President  of  the  United  States,  Charles  Francis  Adams, 
esquire ; 

Her  Britannic  Majesty,  Sir  Alexander  James  Edmund  Cockburn, 
baronet,  a member  Her  Majesty’s  privy  council,  lord  chief  justice  of 
England ; 

His  Majesty  the  King  of  Italy,  His  Excellency  Count  Frederick 
Sclopis  of  Salerno,  a knight  of  the  order  of  the  Annunciata,  minister 
of  state,  senator  of  the  Kingdom  of  Italy  ; 

The  President  of  the  Swiss  Confederation,  M.  James  Stampfli; 

His  Majesty  the  Emperor  of  Brazil,  His  Excellency  Marcos 
Antonio  d’  Araujo,  Viscount  d’  Itajuba,  a grandee  of  the  Empire 
of  Brazil,  member  of  the  council  of  H.  M.  the  Emperor  of  Brazil, 
and  his  envoy  extraordinary  and  minister  plenipotentiary  in  France. 


718 


TREATIES,  CONVENTIONS,  ETC. 


And  the  five  arbitrators  above  named  having  assembled  at  Geneva 
(In  Switzerland)  in  one  of  the  chambers  of  the  Hotel  de  Ville  on 
the  15th  of  December,  1871,  in  conformity  with  the  terms  of  the 
second  article  of  the  treaty  of  Washington  of  the  8th  of  May  of  that 
year,  and  having  proceeded  to  the  inspection  and  verification  of 
their  respective  powers,  wdiich  were  found  duly  authenticated,  the 
tribunal  of  arbitration  was  declared  duly  organized. 

The  agents  named  by  each  of  the  high  contracting  parties,  by 
virtue  of  the  same  article  II.  to  wit: 

For  the  United  States  of  America,  John  C.  Bancroft  Davis, 
esquire; 

And  for  Her  Britannic  Majesty,  Charles  Stuart  Aubrey,  Lord 
Tenterden,  a peer  of  the  United  Kingdom,  companion  of  the  Most 
Honorable  Order  of  the  Bath,  assistant  under  secretary  of  state  for 
foreign  affairs; 

Whose  powers  were  found  likewise  duly  authenticated,  then  de- 
livered to  each  of  the  arbitrators  the  printed  case  prepared  by  each 
of  the  two  parties,  accompanied  by  the  documents,  the  official  corre- 
spondence, and  other  evidence  on  which  each  relied,  in  conformity 
with  the  terms  of  the  third  article  of  the  said  treaty. 

In  virtue  of  the  decision  made  by  the  tribunal  at  its  first  session, 
the  counter  case  and  additional  documents,  correspondence,  and  evi- 
dence referred  to  in  article  four  of  the  said  treaty  were  delivered  by 
the  respective  agents  of  the  two  parties  to  the  secretary  of  the  tri- 
bunal on  the  16th  of  April,  1872,  at  the  chamber  of  conference, 
at  the  Hotel  de  Ville  of  Geneva. 

The  tribunal,  in  accordance  with  the  vote  of  adjournment  passed  at 
their  second  session,  held  on  the  16th  of  December,  1871,  reassembled 
at  Geneva  on  the  16th  of  June  1872;  and  the  agent  of  each  of  the 
parties  duly  delivered  to  each  of  the  arbitrators,  and  to  the  agent  of 
the  other  party,  the  printed  argument  referred  to  in  article  V of 
the  said  treaty. 

The  tribunal  having  since  fully  taken  into  their  consideration  the 
treaty,  and  also  the  cases,  counter  cases,  documents,  evidence,  and  ar- 
guments, and  likewise  all  other  communications  made  to  them  by  the 
twm  parties  during  the  progress  of  their  sittings  and  having  impar- 
tially and  carefully  examined  the  same. 

Has  arrived  at  the  decision  embodied  in  the  present  award: 

Whereas,  having  regard  to  the  Vlth  and  Vllth  articles  of  the  said 
treaty,  the  arbitrators  are  bound  under  the  terms  of  the  said  Vlth 
article,  “ in  deciding  the  matters  submitted  to  them,  to  be  governed 
by  the  three  rules  therein  specified  and  by  sucli  principles  of  inter- 
national law,  not  inconsistent  therewith,  as  the  arbitrators  shall  de- 
termine to  have  been  applicable  to  the  case ; ” 

And  whereas  the  “ due  diligence  ” referred  to  in  the  first  and  third 
of  the  said  rules  ought  to  be  exercised  by  neutral  Governments  in 
exact  proportion  to  the  risks  to  which  either  of  the  belligerents  may 
be  exposed,  from  a failure  to  fulfill  the  obligations  of  neutrality  on 
their  part; 

And  whereas  the  circumstances  out  of  which  the  facts  constituting 
the  subject  matter  of  the  present  controversy  arose  were  of  a nature 
to  call  for  the  exercise  on  the  part  of  Her  Britannic  Majesty’s  Gov- 
ernment of  all  jjossible  solicitude  for  the  observance  of  the  rights  and 
the  duties  involved  in  the  proclamation  of  neutrality  issued  by  her 
Majesty  on  the  13th  day  of  May  1861; 


GREAT  BRITAIN 1871. 


719 


And  whereas  the  effects  of  a violation  of  neutrality  committed  by 
means  of  the  construction,  equipment  and  armament  of  a vessel  are 
not  done  away  with  by  any  commission  which  the  Government  of  the 
belligerent  power,  benefited  by  the  violation  of  neutrality,  may  after- 
wards have  granted  to  that  vessel;  and  the  ultimate  step,  by  which 
the  offense  is  completed  cannot  be  admissible  as  a ground  for  the 
absolution  of  the  offender,  nor  can  the  consummation  of  his  fraud 
become  the  means  of  establishing  his  innocence ; 

And  whereas  the  privilege  of  extraterritoriality  accorded  to  vessels 
of  war  has  been  admitted  into  the  law  of  Nations,  not  as  an  absolute 
right,  but  solely  as  a proceeding  founded  on  the  principle  of  courtesy 
and  mutual  deference  between  different  nations,  and  therefore  can 
never  be  appealed  to  for  the  protection  of  acts  done  in  violation  of 
neutrality ; 

And  whereas  the  absence  of  a previous  notice  cannot  be  regarded 
as  a failure  in  any  consideration  required  by  the  law  of  nations  in 
those  cases  in  which  a vessel  carries  with  it  its  own  condemnation ; 

And  whereas  in  order  to  impart  to  any  supplies  of  coal  a character 
inconsistent  with  the  second  rule  prohibiting  the  use  of  neutral  ports 
of  waters  as  a base  of  naval  operations  for  a belligerent  it  is  necessary 
that  the  said  supplies  should  be  connected  with  special  circum- 
stances of  time,  of  persons,  or  of  place,  which  may  combine  to  give 
them  such  character; 

And  whereas  with  respect  to  the  vessel  called  the  Alabama,  it 
clearly  results  from  all  the  facts  relative  to  the  construction  of  the 
ship  at  first  designated  by  the  number  “ 290  ” in  the  port  of  Liver- 
pool and  its  equipments  and  armament  in  the  vicinity  of  Terceira 
through  the  agency  of  the  vessels  called  the  “Agrippina”  and  the 
“ Bahama  ”,  dispatch  from  Great  Britain  to  that  end,  that  the  British 
Government  failed  to  use  due  diligence  in  the  performance  of  its 
neutral  obligations;  and  especially  that  it  omitted,  notwithstanding 
the  warnings  and  official  representations  made  by  the  diplomatic 
agents  of  the  United  States  during  the  construction  of  the  said  num- 
ber “ 290  ”,  to  take  in  due  time  any  effective  measures  of  prevention, 
and  that  those  orders  which  it  did  give  at  last,  for  the  detention  of 
the  vessel,  were  issued  so  late  that  their  execution  was  not  practicable ; 

And  whereas  after  the  escape  of  that  vessel,  the  measures  taken  for 
its  pursuit  and  its  arrest  were  so  imperfect  as  to  lead  to  no  result, 
and  therefore  cannot  be  considered  sufficient  to  release  Great  Britian 
from  the  responsibility  already  incurred; 

And  whereas,  in  spite  of  the  violations  of  the  neutrality  of  Great 
Britain  committed  % the  “ 290,”  this  same  vessel,  later  known  as 
the  confederate  cruiser  Alabama,  was  on  several  occasions  freely 
admitted  into  the  ports  of  colonies  of  Great  Britain,  instead  of 
being  proceeded  against  as  it  ought  to  have  been  in  any  and  every  port 
within  British  jurisdiction  in  which  it  might  have  been  found; 

And  whereas  the  Government  of  Her  Britannic  Majesty  cannot 
justify  itself  for  a failure  in  due  diligence  on  the  plea  of  insufficiency 
of  the  legal  means  of  action  which  it  possessed : 

For  the  arbitrators  for  the  reasons  above  assigned  and  the  fifth 
for  the  reasons  separately  signed  by  him. 

Are  of  opinion — 

That  Great  Britain  has  in  this  case  failed  by  omission,  to  fulfil 
the  duties  prescribed  in  the  first  and  the  third  of  the  rules,  established 
by  the  Vlth  article  of  the  treaty  of  Washington. 


720 


TREATIES,  CONVENTIONS,  ETC. 


And  whereas,  with  respect  to  the  vessel  called  the  “ Florida  *’  it 
results  from  all  the  facts  relative  to  the  construction  of  the  Oreto  ” 
in  the  port  of  Liverpool,  and  to  its  issue  there  from,  which  facts  failed 
to  induce  the  authorities  in  Great  Britain  to  resort  to  measures  ade- 
quate to  prevent  the  violation  of  the  neutrality  of  that  nation,  not- 
withstanding the  warnings  and  repeated  representations  of  the  agents 
of  the  United  States,  that  Her  Majesty’s  Government  has  failed  to 
use  due  diligence  to  fulfill  the  duties  of  neutrality ; 

And  whereas  it  likewise  results  from  all  the  facts  relative  to  the 
stay  of  the  “ Oreto  ” at  Nassau,  to  her  issue  from  that  port,  to  her 
enlistment  of  men,  to  her  supplies,  and  to  her  armament,  with  the  co- 
operation of  the  British  vessel  “ Prince  Alfred  ” at  Green  Cay,  that 
there  was  negligence  on  the  part  of  the  British  colonial  authorities ; 

And  whereas,  notwithstanding  the  violation  with  Great  Britain 
committed  by  the  Oreto,  this  same  vessel  later  known  as  the  con- 
federate cruiser  Florida,  was  nevertheless  on  several  occasions  freely 
admitted  into  the  ports  of  British  colonies; 

And  whereas  the  judicial  acquittal  of  the  “ Oreto  " at  Nassau  cannot 
relieve  Great  Britain  from  the  responsibility  incurred  by  her  under 
the  principles  of  international  law ; nor  can  the  fact  of  the  entry  of 
the  Florida  into  the  confederate  port  of  Mobile,  and  of  its  stay  there 
during  four  months  extinguish  the  responsibility  previously  to  that 
time  incurred  by  Great  Britain; 

For  these  reasons. 

The  tribunal  by  a majority  of  four  voices  to  one  is  of  opinion — 

That  Great  Britain  has  in  this  case  failed  by  omission  to  fulfill  the 
duties  prescribed  in  the  first,  in  the  second,  and  in  the  third  of  the 
rules  established  by  article  VI.  of  the  treaty  of  lYashington. 

And  whereas,  with  respect  to  the  vessel  called  the  ” Shenandoah,” 
it  results  from  all  the  facts  relative  to  the  departure  from  London  of 
the  merchant  vessel  “ The  Sea  King  ” and  to  the  transformation  of  that 
ship  into  a confederate  cruiser  under  the  name  of  the  Shenandoah 
near  the  Island  of  Madeira,  that  the  Government  of  Her  Britannic 
Majesty  is  not  chargeable  with  any  failure,  down  to  that  date,  in  the 
use  of  all  diligence  to  fulfill  the  duties  of  neutrality ; 

But  whereas  its  results  from  all  the  facts  connected  with  the  stay 
of  the  Shenandoah  at  Melbourne,  and  especially  with  the  augmenta- 
tion which  the  British  Government  itself  admits  to  have  been  clan- 
destinely effected  of  her  force,  by  the  enlistment  of  men  within  that 
port,  that  there  was  negligence  on  the  part  of  the  authorities  of  that 
place : 

For  these  reasons. 

The  tribunal  is  unanimously  of  opinion — 

That  Great  Britain  has  not  failed  by  any  act  or  omission,  “ to  fulfill 
any  of  the  duties  prescribed  by  the  three  rules  of  article  VI  in  the 
treaty  of  Washington  or  by  the  principles  of  law  not  inconsistent 
therewith,”  in  respect  to  the  vessel  called  the  Shenandoah,  during  the 
period  of  time  anterior  to  her  entry  into  the  port  of  Melbourne; 

And  by  a majoiuty  of  three  to  two  voices,  the  tribunal  decided  that 
Great  Britain  has  failed,  by  omission  to  fulfill  the  duties  prescribed 
by  the  second  and  third  of  rules  aforesaid,  in  the  case  of  this  same 
vessel,  from  and  after  her  entry  into  Hobson’s  Bay,  and  is  therefore 
responsible  for  all  acts  committed  by  that  vessel  after  her  departure 
from  Melbourne  on  the  18  day  of  February  1865. 


GREAT  BRITAIN 1871. 


721 


And  so  far  as  relates  to  the  vessels  called — The  Tuscaloosa,  (tender 
to  the  Alabama) , The  Clarence,  The  Tacony  and  The  Archer,  (tenders 
to  the  Florida), 

The  tribunal  is  unanimously  of  opinion — 

That  such  tenders  or  auxiliary  vessels,  being  properly  regarded  as 
accessories,  must  necessarily  follow  the  lot  of  their  principals,  and  be 
submitted  to  the  same  decision  which  applies  to  them  respectively. 

And  so  far  as  relates  to  the  vessel  called  “ Retribution,” 

The  tribunal  by  a majority  of  three  to  two  voices  is  of  opinion — 

That  Great  Britain  has  not  failed  by  any  act  or  omission  to  ful- 
fill any  of  the  duties  prescribed  by  the  three  rules  of  article  VI  in 
the  treaty  of  Washington,  or  by  the  principles  of  international  law 
not  inconsistent  therewith. 

And  so  far  as  relates  to  the  vessels  called — The  Georgia,  The  Sum- 
ter, The  Nashville,  The  Tallahasse,  and  The  Chickamauga,  respec- 

The  tribunal  is  unanimously  of  opinion — 

That  Great  Britain  has  not  failed,  by  any  act  or  omission  to  ful- 
fill any  of  the  duties  prescribed  by  the  three  rules  of  article  VI.  in  the 
treaty  of  Washington  or  by  the  principles  of  international  law  not 
inconsistent  therewith. 

And  so  far  as  relates  to  the  vessels  called — The  Sallie,  The  Jeffer- 
son Davis,  The  Music,  The  Boston  and  the  V.  H.  J oy,  respectively. 

The  tribunal  is  unanimously  of  opinion — 

That  they  ought  to  be  excluded  from  consideration  for  want  of 
evidence. 

And  whereas,  so  far  as  relates  to  the  particulars  of  the  indemnity 
claimed  by  the  United  States,  the  cost  of  pursuit  of  the  confederate 
cruisers,  are  not,  in  the  judgment  of  the  tribunal,  properly  distin- 
guishable from  the  general  expenses  of  the  war  carried  on  by  the 
United  States. 

The  tribunal  is  therefore  of  opinion,  by  a majority  of  three  to  two 
voices — 

That  there  is  no  ground  for  awarding  to  the  United  States  any 
sum  by  way  of  indemnity  under  this  head. 

And  whereas  prospective  earnings  cannot  properly  be  made  the 
subject  of  compensation,  inasmuch  as  they  depend  in  their  nature 
upon  future  and  uncertain  contingencies : 

The  tribunal  is  unanimously  of  opinion — 

That  there  is  no  good  ground  for  awarding  to  the  United  States 
any  sum  by  way  of  indemnity  under  this  head. 

And  whereas  in  order  to  arrive  at  an  equitable  compensation  for 
the  damages  which  have  been  sustained,  it  is  neccessary  to  set  aside 
all  double  claims  for  the  same  losses,  and  all  claims  for  “ gross 
freights  ” so  far  as  they  exceed  “ nef  freights ; ” 

And  whereas  it  is  just  and  reasonable  to  alloAV  interest  at  a reason- 
able rate; 

And  whereas,  in  accordance  with  the  spirit  and  letter  of  the  treaty 
of  Washington,  it  is  preferable  to  adopt  the  form  of  adjudication 
of  a sum  in  gross,  rather  than  refer  the  subject  of  comjiensation  for  a 
further  discussion  and  deliberation  to  a board  of  assessors,  as  pro- 
vided by  article  X of  the  said  treaty ; 

24449 — VOL  1 — 10 46 


722 


TREATIES,  CONVENTIONS,  ETC. 


The  tribunal,  making  use  of  the  authority  conferred  upon  it  by 
article  VII  of  the  said  treaty,  by  a majority  of  four  voices  to  one 
awards  to  the  United  States  a sum  of  $15,600,000  in  gold  as  the  in- 
demnity to  be  paid  by  Great  Britain  to  the  United  States,  for  the 
satisfaction  of  all  the  claims  referred  to  the  consideration  of  the 
tribunal,  conformably  to  the  provisions  contained  in  article  VII  of 
the  aforsaid  treaty. 

And,  in  accordance  with  the  terms  of  article  XI  of  the  said  treaty, 
the  tribunal  declares  that  “ all  the  claims  referred  to  in  the  treaty 
as  submitted  to  the  tribunal  are  hereby  fully,  perfectly,  and  finally 
settled 

Further  it  declares,  that  “each  and  every  one  of  the  said  claims, 
whether  the  same  may  or  may  not  have  been  presented  to  the  notice 
of,  or  made,  preferred,  or  laid  before  the  tribunal,  shall  henceforth 
be  considered  and  treated  as  finally  settled,  barred,  and  inadmissible.” 

In  testimony  whereof  this  present  decision  an  award  has  been  made 
in  duplicate  and  signed  by  the  arbitrators  who  have  given  their  assent 
thereto,  the  whole  being  in  exact  conformity  with  the  provisions  of 
article  VII  of  the  said  treaty  of  Washington. 

Made  and  concluded  at  the  Hotel  de  Ville  of  Geneva,  in  Switzer- 
land, the  14th  day  of  the  month  of  September,  in  the  year  of  our 
Lord,  One  thousand  eight  hundred  and  seventy-two. 

Chas.  Francis  Adams. 

Frederick  Sclopis. 

Stampfli. 

' ViCOMTE  d’ItAJUBA. 


1873. 

Additional  Article  to  Treaty  of  May  8,  1871,  Respecting 
Meeting  Places  for  the  Commission  under  Article  XII. 

Concluded  January  18,  1873;  ratification  advised  hy  the  Senate  Feb- 
ruary lit-,  1873;  ratified  by  the  President  February  28,  1873;  ratifi- 
cations exchanged  AfAl  10,  1873 ; proclaimed  April  15,  1873. 

Vdiereas,  pursuant  to  the  Xllth  Article  of  the  treaty  between  the 
United  States  and  Her  Britannic  Majesty  of  the  8th  of  May,  1871.  it 
was  stipulated  that  the  Commissioners  therein  provided  for  should 
meet  at  Washington;  but  whereas  it  has  been  found  inconvenient  in 
the  summer  season  to  hold  those  meetings  in  the  city  of  Washington, 
in  order  to  avoid  such  inconvenience,  the  President  of  the  United 
States  has  invested  Hamilton  Fish,  Secretary  of  State,  with  full 
power,  and  her  Britannic  Majesty  has  invested  the  Right  Idonourable 
Sir  Edward  Thornton,  one  of  Her  Majesty’s  Most  Honourable  Privy 
Council,  Knight  Commander  of  the  INIost  Honourable  Order  of  the 
Bath,  Her  Majesty’s  Envoy  Extraordinary  and  Minister  Plenipoten- 
tiary to  the  United  States,  with  like  power,  who  having  met  and 
examined  their  respective  powers,  which  were  found  to  be  in  proper 
form  have  agreed  upon  the  following 

additional  article. 

It  is  agreed  that  the  sessions  of  the  Commissioners  provided  for  by 
the  twelfth  Article  of  the  Treaty  between  the  United  States  and  Her 


GREAT  BRITAIN 1873. 


723 


Britannic  Majesty  of  the  8th  of  May  1871,  need  not  be  restricted  to 
the  city  of  Washington,  but  may  be  held  at  such  other  place  within 
the  United  States  as  the  commission  may  prefer. 

The  present  Additional  Article  shall  be  ratified,  and  the  ratifica- 
tions shall  be  exchanged  at  Washington  as  soon  as  possible  thereafter. 

In  witness  whereof,  we  the  respective  Plenipotentiaries  have  signed 
the  same  and  have  hereunto  affixed  our  respective  seals. 

Done  in  duplicate  at  the  city  of  Washington,  the  eighteenth  day  of 
January,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
seventy-three. 

[seal.]  Hamilton  Fish. 

[seal.]  Edwd.  Thornton. 


1873. 

Protocol  of  a Conference  at  Washington,  March  10,  1873, 
Eespecting  the  Northwest  Water.-Boundary. 

Whereas  it  was  provided  by  the  first  article  of  the  treaty  between 
the  United  States  of  America  and  Great  Britain,  signed  at  Wash- 
ington on  the  15th  of  June,  1846,  as  follows: 

“Article  I. 

“ From  the  point  on  the  49th  Parallel  of  North  Latitude,  where  the 
Boundary  laid  down  in  existing  treaties  and  conventions  between  the 
United  States  and  Great  Britain  terminates,  the  line  of  Boundary  be- 
tween the  territories  of  the  United  States  and  those  of  Her  Britannic 
Majesty  shall  be  continued  westward  along  the  said  49th  parallel  of 
North  Latitude,  to  the  middle  of  the  channel  which  separates  the 
Continent  from  Vancouver’s  Island;  and  thence  southerly  through 
the  middle  of  the  said  channel,  and  of  Fuca’s  Straits,  to  the  Pacific 
Ocean;  Provided^  however^  That  the  navigation  of  the  wdiole  of  the 
said  channel  and  straits,  south  of  the  49th  parallel  of  North  Latitude, 
remain  free  and  open  to  both  parties.” 

And  whereas  it  was  provided  by  the  XXXI Vth  Article  of  the 
Treaty  between  the  United  States  of  America  and  Great  Britain, 
signed  at  Washington  on  the  8th  of  May,  1871,  as  follows: 

Article  XXXIV. 

“ Whereas  it  was  stipulated  by  Article  I of  the  Treaty  concluded  at 
Washington  on  the  15th  of  June  1846,  between  the  United  States  and 
Her  Britannic  Majesty,  that  the  line  of  boundary  between  the  terri- 
tories of  the  United  States  and  those  of  Her  Britannic  Majesty,  from 
the  point  on  the  49th  parallel  of  North  Latitude  up  to  which  it  had 
already  been  ascertained,  should  be  continued  westward  along  the 
said  parallel  of  North  Latitude  to  the  middle  of  the  channel 
which  separates  the  Continent  from  Vancouver’s  Island,  and  thence 
southerly,  through  the  middle  of  the  said  channel  and  of  Fuca’s 
Straits  to  the  Pacific  Ocean — and  whereas  the  commisisoners  ap- 


724 


TREATIES,  CONVENTIONS,  ETC. 


pointed  by  the  two  high  contracting  parties  to  determine  that  portion 
of  the  Boundary  which  runs  southerly  through  the  middle  of  the 
channel  aforesaid  were  unable  to  agvee  upon  the  same;  and  whereas 
the  Govemment  of  Her  Britannic  Majesty  claims  that  such  boundary 
line  should  under  the  terms  of  the  Treaty  above  recited,  be  run 
through  the  Eosario  Straits,  and  the  Government  of  the  United  States 
claims  that  it  should  be  run  through  the  Canal  de  Haro,  it  is  agreed 
that  the  respective  claims  of  the  Government  of  the  United  States,  and 
of  the  Government  of  Her  Britannic  Majesty,  shall  be  submitted  to 
the  arbitration  and  award  of  His  Majesty  the  Emperor  of  Germany 
who  having  regard  to  the  abovementioned  article  of  the  said  Treaty, 
shall  decide  thereupon,  finally  and  without  appeal,  which  of  those 
claims  is  most  in  accordance  with  the  true  interpretation  of  the  treaty 
of  June  15th,  1846.” 

And  whereas  His  Majesty,  the  Emperor  of  Germany  has,  by  his 
award  dated  the  21st  of  October  1872,  decided  that  “ Mit  der  richtigen 
Auslegung  des  zwischen  den  Eegierungen  Hirer  Britischen  IMajestat 
und  der  Vereinigten  Staaten  von  Amerika  geschlossenen  Vertrages  de 
dato  Washington  den  15  Juni  1846,  steht  der  Auspruch  der  Eegierung 
der  Vereinigten  Staaten  am  meisten  im  Einklange,  dass  die  Grenzlinie 
zwischen  den  Gebieten  Hirer  Britischen  IMajestat  und  den  Vereinigten 
Staaten  durch  den  Plaro-Kanal  gezogen  warde.” 

The  undersigned  Hamilton  Fish  Secretary  of  State  of  the  United 
States,  and  the  Eight  Honourable  Sir  Edward  Thornton,  one  of  Her 
Majesty’s  Most  Honourable  Privy  Council,  Knight  Commander  of  the 
Most  Honourable  Order  of  the  Bath,  Her  Britannic  IMajesty’s  Envoy 
Extraordinary  and  Minister  Plenipotentiary  to  the  United  States  of 
America,  and  Eear- Admiral  Janies  Charles  Preimst,  Commissioner  of 
Her  Britannic  Majesty  in  respect  of  the  boundary  aforesaid,  duly  au- 
thorized by  their  respective  Governments  to  trace  out  and  mark  on 
charts  prepared  for  that  purpose,  the  line  of  Boundary  in  conformity 
with  the  award  of  His  Majesty,  the  Emperor  of  Germany,  and  to 
complete  the  determination  of  so  much  of  the  Boundary  line  between 
the  territory  of  the  United  States  and  the  possessions  of  Great  Brit- 
ain, as  was  left  uncomiileted  by  the  commissioners  heretofore  ap- 
pointed to  carry  into  effect  the  First  Article  of  the  Treaty  of  15th 
June  1846,  have  met  together  at  Washington,  and  have  traced  out  and 
marked  the  said  Boundary  line  on  four  charts,  severally  entitled — ■ 
“ North  America,  West  Coast,  Strait  of  Juan  de  Fuca  and  the  chan- 
nels between  the  Continent  and  Vancouver  Id.,  showing  the  Bound- 
ary line  between  British  and  American  Possessions,  from  the  ad- 
miralty surveys  by  Captains  H.  Kellett  E.  N.  1847,  and  G.  H.  Eich- 
ards,  E.  N.,  1858-1862  ” and  having  on  examination  agTeed  that  the 
lines  so  traced  out  and  marked  on  the  respective  charts  are  identical, 
they  have  severally  signed  the  said  charts  on  behalf  of  their  respective 
Governments,  two  copies  thereof  to  be  retained  by  the  Government 
of  the  United  States,  and  two  copies  thereof  to  be  retained  by  the 
Government  of  Her  Britannic  IMajesty,  to  serve  with  the  “ definition 
of  the  Boundary  line,”  attached  hereto,  showing  the  general  bear- 
ings of  the  line  of  Boundary  as  laid  down  on  the  charts,  as  a per- 
jietual  record  of  agreement  between  the  two  Governments  in  the 
matter  of  the  line  of  Boundary  between  their  respective  dominions 
under  the  First  Article  of  the  Treaty  concluded  at  Washington  on 
the  15th  of  June  1846. 


GREAT  BRITAIN — 1873. 


725 


In  witness  whereof  the  undersigned  have  signed  this  Protocol  and 
have  hereunto  affixed  their  seals. 

Done  in  duplicate  at  Washington,  this  tenth  day  of  March  in  the 
year  1873. 


Hamilton  Fish. 
Edwd.  Thornton. 
James  C.  Pkevost. 


[seal.] 

[seal.] 

[seal.] 


DEFINITION  OF  THE  BOHNDARY-LINE. 


The  chart  upon  which  the  Boundary  Line  between  the  British  and 
United  States  Possessions  is  laid  down,  is  entitled  “ North  America, 
West  Coast,  Strait  of  Juan  de  Fuca  and  the  channels  between  the  con- 
tinent and  Vancouver  Id.,  showing  the  Boundary  line  between  British 
and  American  Possessions,  from  the  Admiralty  surveys  by  Captains 
H.  Kellett,  R N,  1847,  and  G H Richards,  R N,  1858-1862.” 

The  Boundary  line  thus  laid  down  on  the  chart  is  a black  line 
shaded  red  on  the  side  of  the  British  possessions  and  blue  on  the  side 
of  the  possessions  of  the  United  States. 

The  Boundary  line  thus  defined  commences  at  the  point  on  the 
49th  parallel  of  North  Latitude  on  the  west  side  of  Point  Robarts 
which  is  marked  by  a stone  monument,  and  the  line  is  continued 
along  the  said  parallel  to  the  middle  of  the  channel  which  separates 
the  Continent  from  Vancouver  Island,  that  is  to  say  to  a point  in 
Longitude  123°  19'  15"  W,  as  shown  in  the  said  chart. 

It  then  proceeds  in  a direction  about  S 50°  E (true)  for  about 
fifteen  geographical  miles,  when  it  curves  to  the  southward  passing 
equidistant  between  the  west  point  of  Patos  Island  and  the  east  point 
of  Saturna  Island  until  the  point  midway  on  a line  drawn  between 
Turnpoint  on  Stewart  Island  and  Fairfax  point  on  Moresby  Island 
bears  S.  68°  W,  (true,)  distant  ten  miles  then  on  a course  south  68° 
W,  (true,)  ten  miles  to  the  said  point  midway  between  Turnpoint 
on  Stewart  Island  and  Fairfax  Point  on  Moresby  Island,  thence  on 
a course  about  south  12°  30'  east  (true)  for  about  eight  and  three 
quarter  miles  to  a point  due  east  one  mile  from  the  northernmost 
Kelp  Reef  which  reef  on  the  said  chart  is  laid  down  as  in  Latitude 
48°  33'  north  and  in  longitude  123°  15'  west,  then  its  direction  con- 
tinues about  S 20°  15'  east  (true)  six  and  one-eighth  miles  to  a point 
midway  between  Sea  Bird  Point  on  Discovery  Island  and  Pile  Point 
on  San  Juan  Island  thence  in  a straight  line  S 45°  E (true)  until 
it  touches  the  North  end  of  the  middle  Bank  in  between  13  and  18 
fathoms  of  water ; from  this  point  the  line  takes  a general  S 28°  30' 
W direction  (true)  for  about  ten  miles  when  it  reaches  the  center  of 
the  fairway  of  the  Strait  of  Juan  de  Fuca,  which  by  the  chart  is  in 
the  Latitude  of  48°  1'^'  north  and  longitude  123°  14'  40"  W. 

Thence  the  line  runs  in  a direction  S.  73°  W (true)  for  twelve 
miles  to  a point  on  a straight  line  drawn  from  the  lighthouse  on 
Race  Island  to  Angelos  Point  midway  between  the  same. 

Thence  the  line  runs  through  the  center  of  the  Strait  of  Juan  de 
Fuca  first  in  a direction  N.  80°  30'  IV  about  5f  miles  to  a point 
equidistant  on  a straight  line  between  Beechey  Head  on  Vancouver 
Island  and  Tongue  Point  on  the  shore  of  Washington  Territory, 
second  in  a direction  N.  76°  W,  about  13J  miles  to  a point  equidistant 


726 


TREATIES,  CONVENTIOKS,  ETC. 


in  a straight  line  between  Sherringham  Point  on  Vancouver  Island 
and  Pillar  Point  on  the  shore  of  Washington  Territory,  thirds  in  a 
direction  N.  68  W,  about  30|  miles  to  the  Pacific  Ocean  at  a point 
equidistant  between  Bonilla  Point  on  Vancouver  Island  and  Tatooch 
Island  lighthouse  on  the  American  shore — the  line  between  the  points 
being  nearly  due  North  and  South  (true.) 

The  courses  and  distances  as  given  in  the  foregoing  description  are 
not  assumed  to  be  perfectly  accurate  but  are  as  nearly  so  as  is  siqj- 
posed  to  be  necessary  to  a practical  definition  of  the  line  laid  down 
on  the  chart  and  intended  to  be  the  Boundary  line. 

Hamilton  Fish. 

Edwd.  Thornton. 

James  C.  Prevost. 


1873. 

Protocol  of  a Conference  Held  at  Washington,  June  7,  1873,  Set- 
ting THE  Time  at  avhich  Articles  18  to  25,  and  Article  30  of 
the  Treata'  of  Maa"  8,  1871,  Should  go  into  Effect,  with  Re- 
spect to  Prince  Edward’s  Island. 

Whereas  it  is  provided  by  Article  XXXIII  of  the  Treaty  between 
Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain  and 
Ireland,  and  the  United  States  of  America,  signed  at  Washington  on 
the  8th  of  May,  1871,  as  follows: — 

“ARTICLE  XXXIII. 

“ The  foregoing  Articles,  XVIII  to  XXV,  inclusive,  and  Article 
XXX  of  this  Treaty  shall  take  effect  as  soon  as  the  laws  required  to 
carry  them  into  operation  shall  have  been  passed  by  the  Imperial 
Parliament  of  Great  Britain,  by  the  Parliament  of  Canada,  and  by 
the  Legislature  of  Prince  Edward’s  Island  on  the  one  hand,  and  by 
the  Congress  of  the  United  States  on  the  other.  Such  assent  having 
been  given,  the  said  articles  shall  remain  in  force  for  the  period  of 
ten  years  from  the  date  at  which  they  may  come  into  operation,  and 
further  until  the  expiration  of  two  3"ears  after  either  of  the  High 
Contracting  Parties  shall  have  given  notice  to  the  other  of  its  wish 
to  terminate  the  same;  each  of  the  High  Contracting  Parties  being 
at  liberty  to  give  such  notice  to  the  other  at  the  end  of  the  said  period 
of  ten  years  or  at  any  time  afterward.” 

And  whereas,  in  accordance  with  the  stipulations  of  the  above 
recited  Article,  an  Act  was  passed  b}^  the  Imperial  Parliament  of 
Great  Britain  in  the  35th  and  36th  years  of  the  reign  of  Queen  Vic- 
toria, intituled  “ An  Act  to  carry  into  effect  a Treaty  between  Her 
Majesty  and  the  United  States  of  America.” 

And  whereas  an  Act  was  passed  by  the  Senate  and  House  of 
Commons  of  Canada  in  the  fifth  session  of  the  Eirst  Parliament, 
held  in  the  thirty-fifth  year  of  Her  IMajesty’s  Reign,  and  assented 
to  in  Her  Majesty’s  name,  by  the  Governor  General  on  the  Fourteenth 
day  of  June,  1872,  intituled  “ An  Act  relating  to  the  Treaty  of 
Washington  1871,” 


GKEAT  BRITAIN — 1873-1874. 


727 


And  whereas  an  Act  was  passed  by  the  Legislature  of  Prince  Ed- 
ward’s Island  and  assented  to  by  the  Lieutenant  Governor  of  that 
Colony  on  the  29th  day  of  June,  1872,  intituled  “An  Act  relating  to 
the  Treaty  of  Washington,  1871.” 

And  whereas  an  Act  was  passed  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Congress  assembled, 
and  approved  on  the  first  day  of  March  1873,  by  the  President  of  the 
United  States,  intituled  “An  Act  to  carry  into  effect  the  provisions  of 
the  Treaty  between  the  United  States  and  Great  Britain,  signed  in 
the  city  of  Washington,  the  eighth  day  of  May,  eighteen  hundred  and 
seventy-one,  relating  to  Fisheries.” 

The  undersigned  Hamilton  Fish,  Secretary  of  State  of  the  United 
States,  and  the  Right  Honourable  Sir  Edward  Thornton,  one  of  Her 
Majesty’s  Most  Honourable  Privy  Council,  Knight  Commander  of 
the  Most  Honourable  Order  of  the  Bath,  Her  Brittanic  Majesty’s 
Envoy  Extraordinary  and  Minister  Plenipotentiary  to  the  United 
States  of  America,  duly  authorized  for  this  purpose  by  their  respec- 
tive Governments,  having  met  together  at  Washington  and  having 
found  that  the  laws  required  to  carry  the  Articles  XVIII  to  XXV 
inclusive,  and  Article  XXX  of  the  Treaty  aforesaid  into  operation 
have  been  passed  by  the  Imperial  Parliament  of  Great  Britain,  by 
the  Parliament  of  Canada,  and  by  the  Legislature  of  Prince  Edward’s 
Island  on  the  one  part,  and  by  the  Congress  of  the  United  States  on 
the  other,  hereby  declare  that  Articles  XVIII  to  XXV  inclusive,  and 
Article  XXX  of  the  Treaty  between  Her  Britannic  Majesty  and  the 
United  States  of  America  of  the  8th  of  May,  1871,  will  take  effect  on 
the  First  day  of  July  next. 

In  witness  whereof  the  undersigned  have  signed  this  Protocol,  and 
have  hereunto  affixed  their  seals. 

Done  in  duplicate  at  Washington,  this  Seventh  day  of  June,  1873. 

[seal.]  Hamilton  Fish. 

[seal.]  Edwd.  Thornton. 


1874. 

Protocol  of  a Conference  Held  at  Washington  May  28,  1874  Set- 
ting THE  Time  at  Which  Articles  18  to  25,  and  Article  30  of 
THE  Treaty  of  May  8,  1871,  Should  go  into  Effect  With  Re- 
spect TO  Newfoundland. 

Whereas  it  is  provided  by  Article  XXXII  of  the  Treaty  between 
the  United  States  of  America  and  Her  Majesty  the  Queen  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  signed  at  Washing- 
ton on  the  8th  of  May,  1871,  as  follows: 

“Article  XXXII. 

“ It  is  further  agreed  that  the  provisions  and  stipulations  of  articles 
XVIII  to  XXV  of  this  Treaty,  inclusive,  shall  extend  to  the  Colony 
of  Newfoundland,  so  far  as  they  are  applicable.  But  if  the  Imperial 
Parliament,  the  Legislature  of  Newfoundland,  or  the  Congress  of  the 
United  States,  shall  not  embrace  the  Colony  of  Newfoundland  in 
their  laws  enacted  for  carrying  the  foregoing  articles  into  effect,  then 
this  article  shall  be  of  no  effect;  but  the  omission  to  make  provision 
by  law  to  give  it  effect,  by  either  of  the  legislative  bodies  aforesaid, 
shall  not  in  any  way  impair  any  other  articles  of  this  treaty.” 


728 


TREATIES,  CONVENTIONS,  ETC. 


And  whereas  an  Act  was  passed  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Congress  assembled 
and  approved  on  the  first  day  of  March  1873,  by  the  President  of  the 
United  States  entitled  “An  Act  to  carry  into  effect  the  provisions  of 
the  Treaty  between  the  United  States  and  Great  Britain  signed  in 
the  city  of  Washington  the  eighth  of  May  1871,  relating  to  fish- 
eries— ” by  which  Act  it  is  provided : 

“ Sec.  2.  That  whenever  the  Colony  of  Newfoundland  shall  give  its 
consent  to  the  application  of  the  stipulations  and  provisions  of  the 
said  Articles  eighteenth  to  twenty-fifth  of  said  Treaty,  inclusive,  to 
that  Colony,  and  the  Legislature  thereof,  and  the  Imperial  Parlia- 
ment shall  pass  the  necessary  laws  for  that  purpose,  the  above  enu- 
merated Articles,  being  the  produce  of  the  fisheries  of  the  Colony  of 
Newfoundland,  shall  be  admitted  into  the  United  States  free  of  dut}", 
from  and  after  the  date  of  a proclamation  by  the  President  of  the 
United  States,  declaring  that  he  has  satisfactory  evidence  that  the 
said  Colony  of  Newfoundland  has  consented,  in  a due  and  proper 
manner,  to  have  the  provisions  of  the  said  Articles  eighteenth  to 
twenty-fifth  inclusive,  of  the  said  Treaty  extended  to  it,  and  to  allow 
the  United  States  the  full  benefits  of  all  the  stipulations  therein  con- 
tained, and  shall  be  so  admitted  free  of  duty,  so  long  as  the  said 
Articles  eighteenth  to  twenty-fifth  inclusive,  and  Article  thirtieth  of 
said  Treaty,  shall  remain  in  force,  according  to  the  terms  and  condi- 
tions of  Article  thirty-third  of  said  Treaty.” 

And  whereas  an  Act  was  passed  by  the  Governor  Legislative 
Council  and  Assembly  of  Newfoundland  in  Legislative  session  con- 
vened in  the  thirty-seventh  year  of  Her  Majesty’s  reign  and  assented 
to  by  Her  Majesty  on  the  twelfth  day  of  May  1874,  entitled  “An  Act 
to  carry  into  effect  the  revisions  of  the  Treaty  of  Washington  as 
far  as  thev  relate  to  this  Colony.” 

The  undersigned  Hamilton  Fish,  Secretary  of  State  of  the  United 
States  and  the  Eight  Honorable  Sir  Edward  Thornton,  one  of  Her 
Majesty’s  Most  Honorable  Privy  Council,  Knight  Commander  of  the 
IMost  Honorable  Order  of  the  Bath,  Her  Britannic  Majesty’s  Envoy 
Extraordinary  and  Minister  Plenipotentiary  to  the  United  States  of 
America  duly  authorized  for  this  purpose  by  their  respective  Govern- 
ments, having  met  together  at  Washington,  and  having  found  that 
the  laws  required  to  carry  the  Articles  XVIII  to  XXV,  inclusive,  and 
Articles  XXX  and  XXXII  of  the  Treaty  aforesaid  into  operation 
have  been  passed  by  the  Congress  of  the  United  States  on  the  one  part, 
and  by  the  Imperial  Parliament  of  Great  Britain,  by  the  Parliament 
of  Canada  and  by  the  Legislature  of  Prince  Edward’s  Island  and  the 
Legislature  of  Newfoundland  on  the  other,  hereby  declare  that  Arti- 
cles XVIII  to  XXV  inclusive,  and  Article  XXX  of  the  Treaty  be- 
tween the  United  States  of  America  and  Her  Britannic  Majesty, 
shall  take  effect  in  accordance  with  Article  XXXIII  of  said  Treaty 
between  the  citizens  of  the  United  States  of  America  and  Her  Maj- 
esty’s subjects  in  the  Colony  of  Newfoundland  on  the  first  day  of 
June  next. 

In  witness  whereof  the  undersigned  have  signed  this  protocol  and 
have  hereunto  affixed  their  seals. 

Done  in  duplicate  at  Washington  this  twenty-eighth  day  of  May 


1874. 

[seal.] 

[seal.] 


Hamilton  Fish. 
Edivd.  Thornton. 


GREAT  BRITAIN 1871. 


729 


1885. 

Agreement  Between  the  United  States  and  Great  Britain 
, Bespecting  the  Fisheries. 


(Under  treaty  of  1871.) 

Concluded  June  1886. 
notice. 

By  direction  of  the  President,  the  undersigned,  Secretary  of  State, 
hereby  makes  known  to  all  whom  it  may  concern  that  a temporary 
diplomatic  agreement  has  been  entered  into  between  the  Government 
of  the  United  States  and  the  Government  of  Her  Britannic  Majesty 
in  relation  to  the  fishing  privileges  which  were  granted  by  the  fishery 
clauses  of  the  treaty  between  the  United  States  and  Great  Britain  of 
May  8,  1871,  whereby  the  privilege  of  fishing,  which  would  otherwise 
have  terminated  with  the  treaty  clauses  of  the  1st  of  July  proximo, 
may  continue  to  be  enjoyed  by  the  citizens  and  subjects  of  the  two 
countries  engaged  in  fishing  operations  throughout  the  season  of  1885. 

This  agreement  proceeds  from  the  mutual  good-will  of  the  two 
Governments,  and  has  been  reached  solely  to  avoid  all  misunderstand- 
ing and  difficulties  which  might  otherwise  arise  from  the  abrupt 
termination  of  the  fishing  of  1885  in  the  midst  of  the  season.  The 
immunity  which  is  accorded  by  this  agreement  to  the  vessels  belonging 
to  citizens  of  the  United  States  engaged  in  fishing  in  the  British 
American  waters  will  likewise  be  extended  to  British  vessels  and  sub- 
jects engaged  in  fishing  in  the  waters  of  the  United  States. 

The  joint  resolution  of  Congress  of  March  3,  1883,  providing  for 
the  termination  of  the  fishing  articles  of  the  treaty  of  May  8,  1871, 
having  repealed  in  terms  the  act  of  March  1,  1873,  for  the  execution 
of  the  fishing  articles,  and  that  repeal  being  express  and  absolute  from 
the  date  of  the  termination  of  the  said  fishing  articles,  under  due  notifi- 
cation given  and  proclaimed  by  the  President  of  the  United  States,  to 
wit,  July  1,  1885,  the  present  temporary  agreement  in  no  way  affects 
the  question  of  statutory  enactment  or  exemption  from  customs  duties^ 
as  to  which  the  abrogation  of  the  fishing  articles  remains  complete. 

As  part  of  this  agreement,  the  President  will  bring  the  whole  ques- 
tion of  the  fisheries  before  Congress  at  its  next  session  in  December, 
and  recommend  the  appointment  of  a joint  commission  by  the  Govern- 
ments of  the  United  States  and  Great  Britain  to  consider  the  matter, 
in  the  interest  of  maintaining  good  neighborhood  and  friendly  inter- 
course between  the  two  countries,  thus  affording  a prospect  of  nego- 
tiation for  the  development  and  extension  of  trade  between  the  United 
States  and  British  North  America. 

Copies  of  the  memoranda  and  exchanged  notes  on  which  this  tem- 
porary agreement  rests  are  appended. 

Reference  is  also  made  to  the  President’s  proclamation  ® of  January 
31, 1885,  terminating  the  fishing  articles  of  the  Treaty  of  Washington. 

By  direction  of  the  President : 

T.  F.  Bayard, 

Secretary  of  State. 


Proclamatiou,  page  734. 


730 


TREATIES,  CONVENTIONS,  ETC, 
APPENDICES. 


1.  Mr.  West’s  memorandum  of  March  12,  1885. 

2.  Mr.  Bayard  to  Mr.  West,  memorandum  of  April  22,  1885. 

3.  Mr.  West’s  memdranda  of  June  13,  1885. 

4.  Mr.  Bayard  to  Mr.  West,  June  19,  1885. 

5.  Mr.  West  to  Mr.  Bayard,  June  20,  1885. 

6.  Mr.  Bayard  to  Mr.  West,  June  20,  1885. 

7.  Mr.  Bayard  to  Mr.  West,  June  22,  1885. 

8.  Mr.  West  to  Mr.  Bayard,  June  22,  1885. 

President’s  proclamation,  January  31,  1885. 


1. — Mr.  West's  memorandum  of  March  12,  1885. 

[Memorandum. — Confidential.] 

The  fishery  clauses  of  the  Treaty  of  Washington  of  1871  will  expire  on  the 
1st  of  July  next.  It  has  been  represented  by  the  Canadian  Government  that 
much  inconvenience  is  likely  to  arise  in  consequence,  unless  some  agreement  can 
be  made  for  an  extension  of  the  period. 

When  the  time  comes  (1st  of  July  next)  American  ships  will  be  actually 
engaged  in  fishing  within  the  territorial  waters  of  the  Dominion.  These  vessels 
will  have  been  fitted  out  for  the  season’s  fishing  and  have  made  all  their  usual 
arrangements  for  following  it  up  until  its  termination  in  the  autumn.  If, 
under  these  circumstances,  the  provincial  or  municipal  authorities  in  Canada 
were  to  insist  upon  their  strict  rights,  and  to  compel  such  vessels,  on  pain  of 
seizure,  to  desist  from  fishing,  considerable  hardship  would  be  occasioned  to 
the  owners,  and  a feeling  of  bitterness  engendered  on  both  sides  which  it  is 
clearly  the  interest  of  both  Governments  to  avert. 

It  seems  therefore  desirable,  in  order  to  avoid  such  possible  complications, 
that  both  Governments  should  come  to  an  agreement  under  which  the  clauses 
might  be  in  effect  extended  until  the  1st  of  January,  1886. 

If  this  were  done  the  existing  state  of  things  would  come  to  an  end  at  a 
date  between  the  fishery  season  of  1885  and  that  of  1886,  and  an  abrupt  transi- 
tion at  a moment  when  fishery  operations  were  being  carried  on  would  be  thus 
avoided. 

Washington,  March  12,  1885. 


2. — Mr.  Bayard  to  Mr.  West,  April  22,  1885, 

[Memorandum  of  April  22,  1885. — Personal.] 

Department  of  State, 

Washington,  April  22,  1885. 

Dear  Mr.  West  : I have  on  several  occasions  lately,  in  conversation,  ac- 
quainted you  with  my  interest  in  the  fisheries  memorandum  which  accompanied 
your  personal  letter  of  March  12. 

Several  informal  talks  I have  had  with  Sir  Ambrose  Shea  have  enabled  me 
to  formulate  the  views  of  this  Government  upon  the  proposition  made  in  behalf 
of  the  Dominion  and  the  Province  of  Newfoundland,  and  I take  pleasure  in 
handing  you  herewith  a memorandum  embodying  the  results.  If  this  suits,  I 
shall  be  happy  to  confirm  the  arrangement  by  an  exchange  of  notes  at  your 
early  convenience. 

I am,  my  dear  Mr.  West,  very  sincerely  yours, 

T.  F.  Bayard. 

The  Hon.  L.  S.  Sackville  West,  &c. 


MEMORANDUM. 

The  legislation  passed  by  the  Congress  of  the  United  States,  act  of  March  1, 
1873,  for  the  execution  of  the  fishery  articles  of  the  Treaty  of  Washington,  has 
been  repealed  by  the  joint  resolution  of  March  3,  1883,  the  repeal  to  take  effect 
July  1,  1885.  From  that  date  the  effects  of  the  fisheries  articles  of  the  Treaty 


731 


j F of  Washington  absolutly  determine,  so  far  as  their  execution  within  the  juris- 
k diction  of  the  United  States  is  concerned,  and  without  new  legislation  by 
' * Congress  modifying  or  postponing  that  repeal  the  Executive  is  not  constitu- 
tionally competent  to  extend  the  reciprocal  fisheries  provisions  of  the  treaty 
I r beyond  the  1st  of  July  next,  the  date  fixed  by  the  action  of  Congress. 

I f Mr.  West’s  memorandum  of  March  12,  1885,  suggests  the  mutual  practical 
I ; convenience  that  would  accrue  from  allowing  the  fishing  ventures  commenced 

I j prior  to  July  1,  1885,  to  continue  until  the  end  of  the  season  for  fishing  of  that 

i year,  thus  preventing  their  abrupt  termination  in  the  midst  of  fishing  operations 

■ on  the  1st  of  July. 

f It  has  been,  moreover,  suggested  on  the  part  of  the  Province  of  Newfound- 
land  and  of  the  Dominion  of  Canada,  that  in  view  of  the  mutual  benefit  and 
i convenience  of  the  present  local  traflic,  consisting  of  the  purchase  of  ice,  bait, 

9 wood,  and  general  ship  supplies  by  the  citizens  of  the  United  States  engaged  in 

i fishing  from  the  inhabitants  of  the  British  American  fishing  coast,  the  usual 

\ operations  of  the  fishing  season  of  1885  should  be  continued  by  the  fishing 

' vessels  belonging  to  citizens  of  the  United  States  until  the  end  of  the  season 

j of  that  year,  and  that  the  local  authorities  of  Newfoundland  and  of  the 

Dominion  of  Canada,  in  a spirit  of  amity  and  good  neighborhood,  should  abstain 
f from  molesting  such  fishermen  or  impeding  their  progress  or  their  local  traflic 

f with  the  inhabitants  incidental  to  fishing  during  the  remainder  of  the  season  of 

\ 1885,  and  all  this  with  the  understanding  that  the  I’resident  of  the  United  States 

V would  bring  the  whole  question  of  the  fisheries  before  Congress  at  its  next 

V session  in  December,  and  recommend  the  appointment  of  a commission  in  which 

4 the  Governments  of  the  United  States  and  of  Great  Britain  should  be  respec- 

tively  represented,  which  commission  should  be  charged  with  the  consideration 
1 and  settlement,  upon  a just,  equitable,  and  honorable  basis,  of  the  entire  ques- 
tion of  the  fishing  rights  of  the  two  Governments  and  their  respective  citizens 
‘ on  the  coasts  of  the  United  States  and  British  North  America. 

The  President  of  the  United  States  would  be  prepared  to  recommend  the 
, adoption  of  such  action  by  Congress  with  the  understanding  that  in  view  and  in 
consideration  of  such  promised  recommeudation  there  would  be  no  enforcement 
of  restrictive  and  penal  laws  and  regulations  by  the  authorities  of  the  Dominion 
of  Canada  or  of  the  Province  of  Newfoundland,  against  the  fishermen  of  the 
United  States  resorting  to  British-American  waters  between  the  1st  of  July 
, next  and  the  close  of  the  present  year’s  fishing  season;  the  mutual  object  and 
intent  being  to  avoid  any  annoyance  to  the  individuals  engaged  in  this  business 
and  traffic,  and  the  irritation  or  ill-feeling  that  might  be  engendered  by  a harsh 
or  vexatious  enforcement  of  stringent  local  regulations  on  the  fishing  coast 
pending  an  effort  to  have  a just  and  amicable  arrangement  of  an  important  and 
somewhat  delicate  question  between  the  two  nations. 

Public  knowledge  of  this  understanding  and  arrangement  can  be  given  by 
an  exchange  of  notes  between  Mr.  West  and  myself,  which  can  be  given  to 
the  press. 


3. — Mr  West’s  memoranda  of  June  13,  18S5. 

[Memoranda.] 

It  is  proposed  to  state  in  notes  according  temporary  arrangements  respecting 
fisheries  that  an  agreement  has  been  arrived  at  under  circumstances  affording 
prospect  of  negotiation  for  development  and  extension  of  trade  between  the 
United  States  and  British  North  America. 

The  Government  of  Newfoundland  do  not  make  refunding  of  duties  a con- 
dition of  their  acceptance  of  the  proposed  agreement,  but  they  rely  on  it  having 
due  consideration  before  the  international  commission  which  may  be  appointed. 


4. — Mr.  Bayard  to  Mr.  West,  June  19,  1885. 
[Confidential.] 


Department  of  State, 

Washington,  June  19,  1885. 

My  Dear  Mr.  West  : I assume  that  the  two  confidential  memoranda  you 
handed  to  me  on  the  13th  instant  embrace  the  acceptance  by  the  Dominion  and 
the  British-American  coast  provinces  of  the  general  features  of  my  memo- 


732 


TEEATIES,  CONVENTIONS,  ETC, 


randum  of  April  21,  concerning  a temporary  arrangement  respecting  the  fisher- 
ies, with  the  understanding  expressed  on  their  side  that  the  “ agreement  has 
been  arrived  at  under  circumstances  affording  prospect  of  negotiation  for  de- 
velopment and  extension  of  trade  between  the  United  States  and  British  North 
America.” 

To  such  a contingent  understanding  I can  have  no  objection.  Indeed,  I re- 
gard it  as  covered  by  the  statement  in  my  memorandum  of  May  21,  that  the 
arrangement  therein  contemplated  would  be  reached  “ with  the  understanding 
that  the  President  of  the  United  States  would  bring  the  whole  question  of  the 
fisheries  before  Congress  at  its  next  session  in  December,  and  recommend  the 
appointment  of  a commission  in  which  the  Governments  of  the  United  States 
and  of  Great  Britain  should  be  respectively  represented,  which  commission 
should  be  charged  with  the  consideration  and  settlement,  upon  a just,  equitable, 
and  honorable  basis,  of  the  entire  question  of  the  fishing  rights  of  the  two 
Governments  and  their  respective  citizens  on  the  coasts  of  the  United  States 
and  British  North  America.” 

The  equities  of  the  question  being  before  such  a mixed  commission  would 
doubtless  have  the  fullest  latitude  of  expression  and  treatment  on  both  sides; 
and  the  purpose  in  view  being  the  maintenance  of  good  neighborhood  and  iutei’- 
course  between  the  two  countries,  the  recommendation  of  any  measures  which 
the  commission  might  deem  necessary  to  attain  those  ends  would  seem  to  fall 
within  its  province,  and  such  recommendations  could  not  fail  to  receive  attentive 
consideration. 

I am  not,  therefore,  prepared  to  state  limits  to  the  proposals  to  be  brought 
forward  in  the  suggested  commission  on  behalf  of  either  party. 

I believe  this  statement  will  be  satisfactory  to  you,  and  I should  be  pleased 
to  be  informed  at  the  earliest  day  practicable  of  your  acceptance  of  the  under- 
standing on  behalf  of  British  North  America ; and  by  this  simple  exchange  of 
notes  and  memoranda  the  agreement  will  be  completed  in  season  to  enable  the 
President  to  make  the  result  publicly  known  to  the  citizens  engaged  in  the 
fishing  on  the  British-Americau  Atlantic  coast. 

I have  the  honor  to  be,  with  the  highest  respect,  sir,  your  obedient  servant, 

T.  F.  BAYARD. 

The  Hon.  L.  S.  Sackville  West. 


5. — Mr.  West  to  Mr.  Bayard,  June  20,  1S85. 

[Confidential.] 

British  Legation, 

. Washington,  June  20,  1885. 

My  Dear  Mr.  Bayard  : I beg  to  acknowledge  the  receipt  of  your  confidential 
note  of  yesterday’s  date,  concerning  the  proposed  temporary  arrangement  re- 
specting the  fisheries,  which  I am  authorized  by  Her  Majesty’s  Government  to 
negotiate  with  you  on  behalf  of  the  Government  of  the  Dominion  of  Canada  and 
the  Government  of  Newfoundland,  to  be  effected  by  an  exchange  of  notes 
founded  on  your  memorandum  of  the  21st  of  April  last. 

The  two  confidential  memoranda  which  I handed  to  you  on  the  13th  instant  con- 
tain, as  you  assume,  the  acceptance  by  the  Dominion  and  the  British-American 
coast  provinces  of  the  general  features  of  your  above-mentioned  memorandum, 
with  the  understanding  expressed  on  their  side  that  the  agreement  has  been 
arrived  at  under  circumstances  affording  prospects  of  negotiation  for  the  de- 
velopment and  extension  of  ti’ade  between  the  United  States  and  British  North 
America,  a contingent  understanding  to  which,  as  you  state,  you  can  have  no 
objection,  as  you  regard  it  as  covered  by  the  terms  of  your  memorandum  of 
April  21. 

In  authorizing  me  to  negotiate  this  agreement.  Earl  Granville  states,  as  I 
have  already  had  occasion  to  intimate  to  you,  that  it  is  on  the  distinct  under- 
standing that  it  is  a temporary  one,  and  that  its  conclusion  must  not  be  held  to 
prejudice  any  claim  which  may  be  advanced  to  more  satisfactory  equivalents 
by  the  colonial  governments  in  the  course  of  the  negotiation  for  a more  perma- 
nent settlement.  Earl  Granville  further  wishes  me  to  tell  you  that  Her 
Majesty’s  Government  and  the  colonial  governments  have  consented  to  the  ar- 
rangement, solely  as  a mark  of  good  will  to  the  Government  and  people  of  the 
United  States,  and  to  avoid  difficulties  which  might  be  raised  by  the  termina- 
tion of  the  fishery  articles  in  the  midst  of  a fishing  season ; and  also  the  ac- 


GREAT  BRITAIN 1871. 


733 


ceptance  of  such  a modus  vivendi  does  not,  by  any  implication,  affect  the  value 
of  the  inshore  fisheries  by  the  Governments  of  Canada  and  Newfoundland. 
I had  occasion  to  remark  to  you  that  while  the  colonial  governments  are  asked 
to  guarantee  immunity  from  interference  to  American  vessels  resorting  to 
Canadian  waters,  no  such  immunity  is  offered  in  your  memorandum  to  Canadian 
vessels  resorting  to  American  waters,  but  that  the  Dominion  Government  pre- 
sumed that  the  agreement  in  this  respect  would  be  mutual.  As  you  accepted 
this  view,  it  would,  I think,  be  as  well  that  mention  should  be  made  to  this 
effect  in  the  notes. 

Under  the  reservations,  as  above  indicated,  in  which  I believe  you  acquiesce,  I 
am  prepared  to  accept  the  understanding  on  behalf  of  British  North  America, 
and  to  exchange  notes  in  the  above  sense. 

I have  the  honor  to  be,  With  the  highest  respect,  §ir,  your  obedient  servant. 

L.  S.  Sackville  West. 

Hon.  T.  F.  Bayard,  &c. 


6. — Mr.  Bayard  to  Mr.  West,  June  20,  18S5. 

Department  of  State, 

Washington,  June  20,  1885. 

Sir  : I have  just  received  your  note  of  to-day’s  date  in  regard  to  the  proposed 
temporary  arrangement  touching  the  fisheries. 

I'ndoubtedly  it  is  our  clear  and  mutual  understanding  that  the  arrangement 
now  made  is  only  temporary,  and  that  it  proceeds  from  the  mutual  good  will 
of  our  respective  Governments,  and  solely  to  avoid  all  difficulties  which  might 
otherwise  arise  from  the  termination  of  the  fishing  of  1885  in  the  midst  of  the 
season. 

I understand,  also,  that  the  same  immunity  which  is  accorded  by  this  agree- 
ment to  the  vessels  belonging  to  the  citizens  of  the  United  States,  engaged  in 
fishing  in  fhe  British-American  waters,  will  be  extended  to  British  vessels  and 
subjects  engaged  in  fishing  in  the  waters  of  the  United  States.  Perceiving, 
therefore,  no  substantial  difference  between  our  respective  propositions  and 
these  statements  as  contained  in  our  correspondence  on  the  subject,  I shall 
consider  the  agreement  as  embodied  in  our  memoranda  and  the  correspondence 
between  us  and  as  thus  concluded ; and  public  notification  to  that  effect  will  be 
given  in  a few  days  by  the  President. 

I have  the  honor  to  be,  with  the  highest  consideration,  sir,  your  obedient 
servant, 

T.  F.  Bayard. 

The  Hon.  L.  S.  Sackville  West,  &c. 


7. — Mr.  Bayard  to  Mr.  West,  June  22.  1885. 

Department  of  State, 
Washington,  June  22,  1885. 

Sir:  In  compliance  with  your  verbal  request  of  this  morning  that  I should 
restate  part  of  my  note  to  you  of  the  19th,  I repeat  that  the  arrangement, 
whereby  a modus  vh-endi  on  the  fishing  question  has  been  reached,  rests  on  the 
memoranda  and  correspondence  exchanged;  that  your  memorandum  of  the  13th 
instant  expressed  the  understanding  on  your  side  that  the  “ agreement  has 
been  arrived  at  under  circumstances  affording  prospect  of  negotiation  for 
development  and  extension  of  trade  between  the  United  States  and  British 
North  America ; ” that  I not  only  had  no  objection  to  such  an  understanding, 
but,  in  fact,  regarded  it  as  amply  embraced  in  our  proposal  to  recommend  a 
commission  to  deal  with  the  whole  subject  in  the  interest  of  good  neighborhood 
and  intercourse,  and  that  the  recommendation  of  any  measures  which  the  com- 
mission might  deem  necessary  to  attain  those  ends  would  seem  to  fall  within 
its  province,  and  such  recommendations  could  not  fail  to  have  attentive  con- 
sideration. 

Having  thus  not  only  admitted  the  proviso  of  your  memorandum  in  your  own 
language,  but  gone  still  further  and  pointed  out  that  no  limits  would  be  set, 
so  far  as  I was  concerned,  to  the  proposals  to  be  brought  forward  in  the  sug- 
gested commission  on  behalf  of  either  party,  I do  not  see  how  it  is  possible 


734 


TREATIES,  CONVENTIONS,  ETC, 


for  me  to  give  any  stronger  assurance  that  the  understanding  has  “ been  reached 
under  circumstances  affording  a prospect  of  negotiation  for  the  development 
and  extension  of  trade  between  the  United  States  and  British  America.” 

I have  the  honor  to  be,  with  the  highest  consideration,  sir, 

T.  F.  Bayard. 

The  Hon.  L.  S.  Sackville  West,  &c. 


8. — Mr.  West  to  Mr.  Bayard,  June  22,  1885. 

Washington,  June  22,  1885. 

Sir:  I have  the  honor  to  acknowledge  the  receipt  of  your  notes  of  the  20th 
and  22d  instant  in  regard  to  the  proposed  temporary  arrangement  touching 
the  fisheries,  in  which  you  state  that  it  is  our  clear  and  mutual  understanding 
that  such  arrangement  is  only  temporary,  and  that  it  proceeds  from  the  mutual 
good-will  of  our  respective  Governments,  and  solely  to  avoid  all  difficulties 
which  might  otherwise  arise  from  the  termination  of  the  fishing  of  1885  in 
the  midst  of  the  season.  Also  that  the  same  immunity  which  is  accorded  by 
this  Government  to  the  vessels  belonging  to  the  citizens  of  the  United  States 
engaged  in  fishing  in  the  British-American  waters  will  be  extended  to  British. 
A^essels  and  subjects  engaged  in  fishing  in  the  waters  of  the  United  States,  and 
that  the  agreement  has  been  reached  under  circumstances  affording  a prospect 
of  negotiation  for  the  development  and  extension  of  trade  between  the  United 
States  and  British  North  America. 

As  therefore  there  exists  no  substantial  difference  between  our  respective 
propositions  and  the  statements  as  contained  in  our  correspondence  on  the 
subject,  I shall  consider  the  agreement  as  embodied  in  our  memoranda  and  the 
correspondence  between  us  as  thus  concluded,  and  shall  inform  Her  Majesty’s 
Government  and  the  Governments  of  the  Dominion  of  Canada  and  Newfound- 
land accordingly. 

I have  the  honor  to  be,  with  the  highest  consideration,  sir,  your  obedient 
servant, 

L.  S.  Sackville  West. 

Hon.  T.  F.  Bayard,  &c. 


BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA, 

A PROCLAMATION. 

Whereas  the  Treaty  concluded  between  the  United  States  of  America  and 
Her  Majesty  the  Queen  of  Great  Britain  and  Ireland,  concluded  at  Washington 
on  the  8th  day  of  May,  1871,  contains  among  other  Articles  the  following,  viz : 

“Article  XVIII.” 

“ It  is  agreed  by  the  High  Contracting  Parties  that,  in  addition  to  the  liberty 
secured  to  the  United  States  fishermen  by  the  Convention  between  the  United 
States  and  Great  Britain,  signed  at  London  on  the  20th  day  of  October,  1818, 
of  taking,  curing,  and  drying  fish  on  certain  coasts  of  the  British  North  American 
Colonies  therein  defined,  the  inhabitants  of  the  United  States  shall  have  in  com- 
mon with  the  subjects  of  Her  Britannic  Majesty,  the  liberty,  for  the  term  of 
years  mentioned  in  Article  XXXIII  of  this  Treaty,  to  take  fish  of  every  kind, 
except  shell-fish,  on  the  sea-coasts  and  shores,  and  in  the  bays,  harbors,  and 
creeks,  of  the  Provinces  of  Quebec,  Nova  Scotia,  and  New  Brunswick,  and  the 
Colony  of  Prince  Edward’s  Island,  and  of  the  several  islands  thereunto  adja- 
cent, without  being  restricted  to  any  distance  from  the  shore,  with  permission 
to  land  upon  the  said  coasts  and  shores  and  islands,  and  also  upon  the  Magdalen 
Islands,  for  the  purpose  of  drying  their  nets  and  curing  their  fish ; provided 
that  in  so  doing,  they  do  not  interfere  with  the  rights  of  private  property,  or 
with  British  fishermen,  in  the  peaceable  use  of  any  part  of  the  said  coasts  in 
their  occupancy  for  the  same  purpose. 

“ It  is  understood  that  the  above-mentioned  liberty  applies  solely  to  the  sea 
fishery,  and  that  the  salmon  and  shad  fisheries,  and  all  other  fisheries  in  rivers 
and  the  mouths  of  rivers  are  hereby  reserved  exclusively  for  British  fishermen,” 


GEEAT  BRITAIN 1871. 


735 


“Article  XIX.” 

“It  is  agreed  by  the  High  Contracting  Parties  that  British  subjects  shall 
have,  in  common  with  the  citizens  of  the  United  States,  the  liberty,  for  the 
term  of  years  mentioned  in  Article  XXXIII  of  this  Treaty,  to  take  fish  of  every 
kind,  except  shell-fish,  on  the  eastern  sea -coasts  and  shores  of  the  United  States 
north  of  the  thirty-ninth  parallel  of  north  latitude,  and  on  the  shores  of  the 
several  islands  thereunto  adjacent,  and  in  the  bays,  harbors,  and  creeks  of  the 
said  sea-coasts  and  shores  of  the  United  States  and  of  the  said  islands,  without 
being  restricted  to  any  distance  from  the  shore,  with  permission  to  land  upon 
the  said  coasts  of  the  United  States  and  of  the  islands  aforesaid,  for  the  pur- 
pose of  drying  their  nets  and  curing  their  fish ; provided  that,  in  so  doing,  they 
do  not  interfere  with  the  rights  of  private  property,  or  with  the  fishermen  of 
the  United  States  in  the  peaceable  use  of  any  part  of  the  said  coasts  in  their 
occupancy  for  the  same  purpose. 

“ It  is  understood  that  the  above-mentioned  liberty  applies  solely  to  the  sea 
fishery,  and  that  salmon  and  shad  fisheries,  and  all  other  fisheries  in  rivers 
and  mouths  of  rivers,  are  hereby  reserved  exclusively  for  fishermen  of  the 
United  States.” 

“Article  XX.” 

“ It  is  agreed  that  the  places  designated  by  the  Commissioners  appointed 
under  the  first  Article  of  the  Treaty  between  the  United  States  and  Great 
Britain,  concluded  at  Washington  on  the  5th  of  June,  1854,  upon  the  coasts  of 
Her  Britannic  Majesty's  Dominions  and  the  United  States,  as  places  reserved 
from  the  common  right  of  fishing  under  that  Treaty,  shall  be  regarded  as  in 
like  manner  reserved  from  the  common  right  of  fishing  under  the  preceding 
articles.  In  case  any  question  should  arise  between  the  Governments  of  the 
United  States  and  of  Her  Britannic  Majesty  as  to  the  common  right  of  fishing 
in  places  not  thus  designated  as  reserved,  it  is  agreed  that  a Commission  shall 
be  appointed  to  designate  such  places,  and  shall  be  constituted  in  the  same 
manner,  and  have  the  same  powers,  duties,  and  authority  as  the  Commission 
appointed  under  said  first  Article  of  the  Treaty  of  the  5th  of  June,  1854.” 

“Article  XXI.” 

“ It  is  agreed  that,  for  the  term  of  years  mentioned  in  Article  XXXIII  of 
this  Treaty,  fish  oil  and  fish  of  all  kinds,  (except  fish  of  the  inland  lakes,  and 
of  the  rivers  falling  into  them,  and  except  fish  preserved  in  oil,)  being  the 
produce  of  the  fisheries  of  the  United  States,  or  of  the  Dominion  of  Canada, 
or  of  Prince  Edward’s  Island,  shall  be  admitted  into  each  country,  respectively, 
free  of  duty.” 

“Article  XXII.” 

“ Inasmuch  as  it  is  asserted  by  the  Government  of  Her  Britannic  Majesty 
tlmt  the  privileges  accorded  to  the  citizens  of  the  United  States  under  Article 
XtTII  of  this  Treaty  are  of  greater  value  than  those  accorded  by  Articles  XIX 
and  XXI  of  this  Treaty  to  the  subjects  of  Her  Britannic  Majesty,  and  this 
assertion  is  not  admitted  by  the  Government  of  the  United  States,  it  is  further 
agreed  that  Commissioners  shall  be  appointed  to  determine,  having  regard  to 
the  privileges  accorded  by  the  United  States  to  the  subjects  of  Her  Britannic 
Majesty,  as  stated  in  Articles  XIX  and  XXI  of  this  Treaty,  the  amount  of  any 
compensation  which,  in  their  opinion,  ought  to  be  paid  by  the  Government  of 
the  United  States  to  the  Government  of  Her  Britannic  Majesty  in  return  for 
the  privileges  accorded  to  the  citizens  of  the  United  States  under  Article  XVIII 
of  this  Treaty;  and  that  any  sum  of  money  which  the  said  Commissioners  may 
so  award  shall  be  paid  by  the  United  States  Government,  in  a gross  sum,  within 
twelve  months  after  such  award  shall  have  been  given  ” 

“Article  XXIII.” 

“ The  Commissioners  referred  to  in  the  preceding  Article  shall  be  appointed 
in  the  following  manner,  that  is  to  say:  One  Commissioner  shall  be  named 
by  the  President  of  the  United  States,  one  by  Her  Britannic  Majesty,  and  a 
third  by  the  President  of  the  United  States  and  Her  Britannic  Majesty  con- 
jointly; and  in  case  the  third  Commissioner  shall  not  have  been  so  named  within 
a period  of  three  months  from  the  date  when  this  article  shall  take  effect,  then 


736 


TREATIES,  CONVENTIONS,  ETC, 


the  third  Commissioner  shall  be  named  by  the  Representative  at  London  of 
His  Majesty  the  Emperor  of  Austria  and  King  of  Hungary.  In  case  of  the 
death,  absence,  or  incapacity  of  any  Commissioner,  or  in  the  event  of  any  Com- 
missioner omitting  or  ceasing  to  act,  the  vacancy  shall  be  filled  in  the  manner 
hereinbefore  provided  for  making  the  original  appointment,  the  period  of  three 
months  in  case  of  such  substitution  being  calculated  from  the  date  of  the 
happening  of  the  vacancy. 

“ The  Commissioners  so  named  shall  meet  in  the  City  of  Halifax,  in  the 
Province  of  Nova  Scotia,  at  the  earliest  convenient  period  after  they  have  been 
respectively  named,  and  shall,  before  proceeding  to  any  business,  make  and 
subscribe  a solemn  declaration  that  they  will  impartially  and  carefully  examine 
and  decide  the  matters  referred  to  them  to  the  best  of  their  judgment,  and 
according  to  justice  and  equity;  and  such  declaration  shall  be  entered  on  the 
record  of  their  proceedings. 

“ Each  of  the  High  Contracting  Parties  shall  also  name  one  person  to  attend 
the  Commission  as  its  agent,  to  represent  it  generally  in  all  matters  connected 
with  the  Commission.” 

“Article  XXIV.” 

“ The  proceedings  shall  be  conducted  in  such  order  as  the  Commissioners 
appointed  under  Articles  XXII  and  XXIII  of  this  Treaty  shall  determine. 
They  shall  be  bound  to  receive  such  oral  or  written  testimony  as  either  Gov- 
ernment may  present.  If  either  Party  shall  offer  oral  testimony,  the  other 
Party  shall  have  the  right  of  cross-examination,  under  such  rules  as  the  Com- 
missioners shall  prescribe. 

“ If  in  the  case  submitted  to  the  Commissioners  either  Party  shall  have 
specified  or  alluded  to  any  report  or  document  in  its  own  exclusive  possession, 
without  annexing  a copy,  such  Party  shall  be  bound,  if  the  other  Party  thinks 
proper  to  apply  for  it,  to  furnish  that  Party  with  a copy  thereof;  and  either 
Party  may  call  upon  the  other,  through  the  Commissioners,  to  produce  the 
originals,  or  certified  copies  of  any  papers  adduced  as  evidence,  giving  in  each 
instance  such  reasonable  notice  as  the  Commissioners  may  require. 

“ The  case  on  either  side  shall  be  closed  within  a period  of  six  months  from 
the  date  of  the  organization  of  the  Commission,  and  the  Commissioners  shall 
be  requested  to  give  their  award  as  soon  as  possible  thereafter.  The  aforesaid 
period  of  six  months  may  be  extended  for  three  months  in  case  of  a vacancy 
occurring  among  the  Commissioners  under  the  circumstances  contemplated  in 
Article  XXIII  of  this  treaty.” 


“Article  XXV.” 

“ The  Commissioner  shall  keep  an  accurate  record  and  correct  minutes  or 
notes  of  all  their  proceedings,  with  the  dates  thereof,  and  may  appoint  ami 
employ  a secretary  and  any  other  necessary  officer  or  officers  to  assist  them  in 
the  transaction  of  the  business  which  may  come  before  them. 

“ Each  of  the  High  Contracting  Parties  shall  pay  its  own  Commissioner  and 
agent  or  counsel ; all  other  expenses  shall  be  defrayed  by  the  two  Governments 
in  equal  moieties.” 

“Article  XXX.” 

“ It  is  agreed  that,  for  the  term  of  years  mentioned  in  Article  XXXIII  of 
this  Treaty,  subjects  of  Her  Britannic  Majesty  may  carry  in  British  vessels, 
without  payment  of  duty,  goods,  wares,  or  merchandise  from  one  port  or  place 
within  the  territory  of  the  United  States  upon  the  St.  Lawrence,  the  Great 
Lakes,  and  the  rivers  connecting  the  same,  to  another  port  or  place  within  the 
territory  of  the  United  States  as  aforesaid : Provided,  That  a portion  of  such 
transiiortation  is  made  through  the  Dominion  of  Canada  by  land  carriage  and 
in  bond,  under  such  rules  and  regulations  as  may  be  agreed  upon  between  the 
Government  of  Her  Britannic  Majesty  and  the  Government  of  the  United  States. 

“ Citizens  of  the  United  States  may  for  the  like  period  carry  in  United  States 
vessels,  without  payment  of  duty,  goods,  wares,  or  merchandise  from  one  port 
or  jilace  within  the  Possessions  of  Her  Britannic  Majesty  in  North  America  to 
another  port  or  place  within  the  said  Possessions : Provided,  That  a portion  of 
such  transportation  is  made  through  the  territory  of  the  United  States  by  land 
carriage  and  in  bond,  under  such  rules  and  regulations  as  may  be  agreed  upon 
between  the  Government  of  the  United  States  and  the  Government  of  Her 
Britannic  Majesty. 


GREAT  BRITAIN — 1871-18’77. 


737 


“ The  Government  of  the  United  States  further  engages  not  to  impose  any 
export  duties  on  goods,  wares,  or  merchandise  carried  under  this  article  through 
the  territory  of  the  United  States;  and  Her  Majesty’s  Government  engages  to 
urge  the  Parliament  of  the  Dominion  of  Canada  and  the  Legislatures  of  the 
other  colonies  not  to  impose  any  export  duties  on  goods,  wares  or  merchandise 
carried  under  this  article;  and  the  Government  of  the  United  States  may,  in 
case  such  export  duties  are  imposed  by  the  Dominion  of  Canada,  suspend,  during 
the  period  that  such  duties  are  imposed,  the  right  of  carrying  granted  under 
this  article  in  favor  of  the  subjects  of  Her  Britannic  Majesty. 

“ The  Government  of  the  United  States  may  suspend  the  right  of  carrying 
granted  in  favor  of  the  subjects  of  Her  Britannic  Majesty  under  this  article, 
in  case  the  Dominion  of  Canada  should  at  any  time  deprive  the  citizens  of 
the  United  States  of  the  use  of  the  canals  in  the  said  Dominion  on  terms  of 
equality  with  the  inhabitants  of  the  Dominion,  as  provided  in  Article  XXVII.” 

“Abticle  XXXII.” 

“ It  is  further  agreed  that  the  provisions  and  stipulations  of  Articles  XVIII 
to  XXV  of  this  Treaty,  inclusive,  shall  extend  to  the  Colony  of  Newfoundland, 
so  far  as  they  are  applicable.  But  if  the  Imperial  Parliament,  the  Legislature 
of  Newfoundland,  or  the  Congress  of  the  United  States,  shall  not  embrace  the 
Colony  of  Newfoundland  in  their  laws  enacted  for  carrying  the  foregoing 
articles  into  effect,  then  this  article  shall  be  of  no  effect;  but  the  omission  to 
make  provision  by  law  to  give  it  effect  by  either  of  the  legislative  bodies  afore- 
said, shall  not  in  any  way  impair  any  other  articles  of  this  Treaty.” 

And,  whereas,  pursuant  to  the  provisions  of  Article  XXXIII  of  said  Treaty, 
due  notice  has  been  given  to  the  Government  of  Her  Britannic  Majesty  of  the 
intention  of  the  Government  of  the  United  States  of  America,  to  terminate 
the  above  recited  Articles  of  the  Treaty  in  question,  on  the  1st  day  of  July, 
1885; 

And,  whereas,  pursuant  to  the  terms  of  said  Treaty,  and  of  the  notice  given 
thereunder  by  the  Government  of  the  United  States  of  America  to  that  of  Her 
Britannic  Majesty,  the  above  recited  articles  of  the  Treaty  of  Washington, 
concluded  May  8,  1871,  will  expire  and  terminate  on  the  1st  day  of  July,  1885 ; 

Now,  therefore,  I,  Chester  A.  Arthur,  President  of  the  United  States  of 
America,  do  hereby  give  public  notice  that  Articles  XVIII,  XIX,  XX,  XXI, 
XXII,  XXIH,  XXIV,  XXV,  XXX,  and  XXXII,  of  the  Treaty  of  Washington, 
concluded  May  8,  1871,  will  expire  and  terminate  on  the  1st  day  of  July,  1885, 
and  all  citizens  of  the  United  States  are  hereby  w’arned  that  none  of  the 
privileges  secured  by  the  above  recited  articles  of  the  Treaty  in  question  will 
exist  after  the  1st  day  of  July  next;  all  American  fishermen  should  govern 
themselves  accordingly. 

Done  at  the  City  of  Washington,  this  31st  day  of  January,  in  the  year  of 
Our  Lord  one  thousand  eight  hundred  and  eighty-five,  and  of  the  Independence 
of  the  United  States  of  America  the  one  hundred  and  ninth. 

[SEAL.]  Chesteb  a.  Abthub, 

By  the  President : 

Fbedk.  T.  Feelinghutsen, 

Secretafy  of  State. 


1877. 

Declaration  Atfording  Reciprocal  Protection  to  Trade-Marks. 

Concluded  October  1877 ; ratification  advised  by  the  Senate  May 
^2,  1878;  ratified  by  the  President  May  25\  1878;  no  exchange  of 
ratifications  made;  ^proclaimed  July  17.,  1878. 

The  Government  of  the  United  States  of  America,  and  the  Govern- 
ment of  Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great 
24449— VOL  1—10 47 


738 


TREATIES,  CONVENTIONS,  ETC. 


Britain  and  Ireland,  with  a view  to  the  reciprocal  protection  of  the 
marks  of  manufacture  and  trade  in  the  two  countries,  have  agreed 
as  follows: 

The  subjects  or  citizens  of  each  of  the  Contracting  Parties  shall 
have,  in  the  dominions  and  possessions  of  the  other,  the  same  rights 
as  belong  to  native  subjects  or  citizens,  or  as  are  now  granted  or  may 
hereafter  be  granted  to  the  subjects  and  citizens  of  the  most  favored 
nation,  in  everything  relating  to  property  in  trade  marks  and  trade 
labels. 

It  is  understood  that  any  person  who  desires  to  obtain  the  aforesaid 
protection  must  fulfil  the  formalities  required  by  the  laws  of  the 
respective  countries. 

In  witness  whereof  the  undersigned  have  signed  the  present  decla- 
ration, and  have  affixed  thereto  the  seal  of  their  arms. 

Done  at  London,  the  twenty  fourth  day  of  October  1877. 

[seal.]  Edwards  Pierrepont 

[seal.]  Derby 


1888. 

Original  Modus  Vivendi  Pending  the  Eattfication  of  the  Treaty 
Concerning  Fisheries. 

Signed  February  15,  1888. 

PROTOCOL. 

The  Treaty  having  been  signed  the  British  Plenipotentiaries  desire 
to  state  that  they  have  been  considering  the  position  which  will  be 
created  by  the  immediate  commencement  of  the  fishing  season  before 
the  Treaty  can  possibly  be  ratified  by  the  Senate  of  the  United  States, 
by  the  Parliament  of  Canada,  and  the  Legislature  of  Newfoundland. 

In  the  absence  of  such  ratification  the  old  conditions  which  have 
given  rise  to  so  much  friction  and  irritation  might  be  revived,  and 
might  interfere  with  the  unprejudiced  consideration  of  the  Treaty  by 
the  legislative  bodies  concerned. 

Under  these  circumstances,  and  with  the  further  object  of  affording 
evidence  of  their  anxious  desire  to  promote  good  feeling  and  to  re- 
move all  possible  subjects  of  controversy,  the  British  Plenipotentiaries 
are  ready  to  make  the  following  temporary  arrangements  for  a period 
not  exceeding  two  years,  in  order  to  afford  a '"'‘modus  vivendV  pend- 
ing the  ratification  of  the  Treaty. 

1.  For  a period  not  exceeding  two  years  from  the  present  date,  the 
privilege  of  entering  the  bays  and  harbors  of  the  Atlantic  coasts  of 
Canada  and  of  Newfoundland  shall  be  granted  to  United  States  fish- 
ing vessels  by  annual  Licenses  at  a fee  of  $1^  per  ton — for  the  follow- 
ing purposes: 

The  purchase  of  bait,  ice,  seines,  lines,  and  all  other  supplies  and 
outfits. 

Transshipment  of  catch  and  shipping  of  crews. 


GKEAT  BRITAIK — ^1888-1889. 


739 


2.  If  during  the  continuance  of  this  arrangement,  the  United 
States  should  remove  the  duties  on  fish,  fish  oil,  whale  and  seal  oil 
(and  their  coverings,  packages,  &c.,)  the  said  licenses  shall  be  issued 
free  of  charge. 

3.  United  States  fishing  vessels  entering  the  bays  and  harbors  of 
the  Atlantic  coasts  of  Canada  or  of  Newfoundland  for  any  of  the 
four  purposes  mentioned  in  Article  I.  of  the  Convention  of  October 
20,  1818,  and  not  remaining  therein  more  than  twenty-four  hours, 
shall  not  be  required  to  enter  or  clear  at  the  custom-house,  providing 
that  they  do  not  communicate  with  the  shore. 

4.  Forfeiture  to  be  exacted  only  for  the  offences  of  fishing  or  pre- 
paring to  fish  in  territorial  waters. 

5.  This  arrangement  to  take  effect  as  soon  as  the  necessary  measures 
can  be  completed  by  the  Colonial  Authorities. 

Washington,  February  15th,  1888. 

J Chamberlain 
L S Sackville  West 
Charles  Tupper 


PROTOCOL. 

The  American  Plenipotentiaries  having  received  the  communication 
of  the  British  Plenipotentiaries  of  this  date  conveying  their  plan  for 
the  administration  to  be  observed  by  the  Governments  of  Canada  and 
Newfoundland  in  respect  of  the  Fisheries  during  the  period  which 
may  be  requisite  for  the  consideration  by  the  Senate  of  the  Treaty  this 
day  signed,  and  the  enactment  of  the  legislation  by  the  respective 
Governments  therein  proposed,  desire  to  express  their  satisfaction 
with  this  manifestation  of  an  intention  on  the  part  of  the  British 
Plenipotentiaries,  by  the  means  referred  to,  to  maintain  the  relations 
of  good  neighborhood  between  the  British  Possessions  in  North 
America  and  the  United  States;  and  they  will  convey  the  communica- 
tion of  the  British  Plenipotentiaries  to  the  President  of  the  United 
States,  with  a recommendation  that  the  same  may  be  by  him  made 
known  to  the  Senate  for  its  information,  together  with  the  Treaty, 
when  the  latter  is  submitted  to  that  body  for  ratification. 

Washingon,  February  15,  1888. 

T.  F,  Bayard 
William  L Putnam 
James  B.  Angell 


1889. 

June  IJf.^  1889. 

General  Act,  Between  Great  Britain,  Germany  and  United 
States,  for  the  Neutrality  and  Autonomous  Government  of 
Samoan  Islands. 


(For  text  of  this  General  Act  see  “ Samoan  Islands,”  page  1576.) 


740 


TREATIES,  CONVENTIONS,  ETC. 

1889. 

Extradition  Convention.®  ® 


Concluded  July  12,  1889;  ratification  advised  hy  the  Senate  with 
amendments  February  18, 1890;  ratified  by  the  President  Febi'uary 
25, 1890;  ratifications  exchanged  March  11, 1890;  proclaimed  March 
25,  1890. 


Articles. 


I.  Additional  extraditable  crimes. 
II.  Political  crimes. 

III.  Prior  offenses. 

IV.  Delivery  of  articles  seized. 


VI.  Procedure. 

VII.  Escaped  convicts. 
VIII.  No  prior  effect. 

IX.  Ratification;  duration, 


V.  Crimes  committed  in  other  coun- 
tries. 

Whereas  by  the  Tenth  Article  of  the  Treaty  concluded  between  the 
United  States  of  America  and  Her  Britannic  Majesty  on  the  ninth 
day  of  August,  1842,  provision  is  made  for  the  extradition  of  persons 
charged  with  certain  crimes; 

And  Whereas  it  is  now  desired  by  the  High  Contracting  Parties 
that  the  provisions  of  the  said  Article  should  embrace  certain  crimes 
not  therein  specified,  and  should  extend  to  fugitives  convicted  of  the 
crimes  specified  in  the  said  Article  and  in  this  Convention ; 

The  said  High  Contracting  Parties  have  appointed  as  their  Pleni- 
potentiaries to  conclude  a Convention  for  this  purpose,  that  is  to 

The  President  of  the  United  States  of  America,  James  G.  Blaine, 
Secretary  of  State  of  the  United  States; 

And  Her  Majesty,  the  Queen  of  the  United  Kingdom  of  Great 
Britain  and  Ireland,  Sir  Julian  Pauncefote,  Knight  Grand  Cross  of 
the  Most  Distinguished  Order  of  Saint  Michael  and  Saint  George, 
Knight  Commander  of  the  Most  Honorable  Order  of  the  Bath,  and 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  Her  Britannic 
Majesty  to  the  United  States; 

AVho,  after  having  communicated  to  each  other  their  respective 
full  powers,  found  in  good  and  due  form,  have  agreed  upon  and  con- 
cluded the  following  Articles: 


Article  I, 


The  provisions  of  the  said  Tenth  Article  are  hereby  made  applica- 
ble to  the  following  additional  crimes : 

1.  Manslaughter,  when  voluntary. 

2.  Counterfeiting  or  altering  money;  uttering  or  bringing  into 
circulation  counterfeit  or  altered  money. 


“Federal  cases:  Bryaut  v.  U.  S.  (167  U.  S.,  104),  Cosgrove  v.  Winney  (174 
U.  S.,  64),  Rice  v.  Ames  (ISO  U.  S.,  .371),  Wright  v.  Henkel  (190  U.  S.,  45), 
Pettit  V.  Walshe  (194  U.  S.,  -05),  Barrington  v.  Missouri  (205  U.  S.,  483),  Col- 
lins V.  O’Neill  (214  U.  S.,  113),  in  re  Breen  (75  Fed.  Rep.,  458),  in  re  Bryaut 
(80  Fed.  Rep.,  282),  in  re  Taylor  (118  Fed.  Rep.,  196),  in  re  Wright  (123  Fed. 
Rep.,  263),  in  re  Frank  (107  Fed.  Rep.,  272),  in  re  Walshe  (125  Fed.  Rep., 
572),  U.  S.  V.  Piaza  (133  Fed.  Rep.,  998),  U.  S.  v.  Greene  (146  Fed.  Rep.,  766), 
ex  parte  Brown  (148  Fed.  Rep.,  68),  Greene  v.  U.  S.  (154  Fed.  Rep.,  401),  and 
in  re  Mitchell  (171  Fed.  Rep.,  189). 

® See  Supp.  Extradition,  pages  780  and  798. 


' GEEAT  BBITAIN — ^1889. 


741 


3.  Embezzlement ; larceny ; receiving  any  money,  valuable  security, 
or  other  property,  Imowing  the  same  to  have  been  embezzled,  stolen, 
or  fraudulently  obtained. 

4.  Fraud  a bailee,  banker,  agent,  factor,  trustee,  or  director  or 
member  or  officer  of  any  company,  made  criminal  by  the  laws  of  both 
countries. 

5.  Perjury,  or  subornation  of  perjury. 

6.  Eape;  abduction;  child-stealing;  kidnapping. 

7.  Burglary;  house-bi'eaking  or  shop-breaking. 

8.  Piracy  by  the  law  of  nations. 

9.  Eevolt,  or  conspiracy  to  revolt  by  two  or  more  persons  on  board 
a ship  on  the  high  seas,  against  the  authority  of  the  master ; wrong- 
fully sinking  or  destroying  a vessel  at  sea,  or  attempting  to  do  so; 
assaults  on  board  a ship  on  the  high  seas,  with  intent  to  do  grievous 
bodily  harm. 

10.  Crimes  and  offenses  against  the  laws  of  both  countries  for  the 
suppression  of  slavery  and  slave-trading. 

Extradition  is  also  to  take  place  for  participation  in  any  of  the 
crimes  mentioned  in  this  Convention  or  in  the  aforesaid  Tenth  Ar- 
ticle, provided  such  participation  be  punishable  by  the  laws  of  both 
countries. 

Article  II. 

A fugitive  criminal  shall  not  be  surrendered,  if  the  offense  in  re- 
spect of  which  his  surrender  is  demanded  be  one  of  a political  charac- 
ter, or  if  he  proves  that  the  requisition  for  his  surrender  has  in  fact 
been  made  with  a view  to  try  or  punish  him  for  an  offense  of  a politi- 
cal character. 

No  person  surrendered  by  either  of  the  High  Contracting  Parties 
to  the  other  shall  be  triable  or  tried,  or  be  punished  for  any  political 
crime  or  offense,  or  for  any  act  connected  therewith,  committed  pre- 
viously to  his  extradition. 

If  any  question  shall  arise  as  to  whether  a case  comes  within  the 
provisions  of  this  Article,  the  decision  of  the  authorities  of  the  gov- 
ernment in  whose  jurisdiction  the  fugitive  shall  be  at  the  time  shall 
be  final. 

Article  III. 

No  person  surrendered  by  or  to  either  of  the  High  Contracting 
Parties  shall  be  triable  or  be  tried  for  any  crime  or  offense,  com- 
mitted prior  to  his  extradition,  other  than  the  offense  for  which  he 
was  surrendered,  until  he  shall  have  had  an  opportunity  of  returning 
to  the  country  from  which  he  was  surrendered. 

Article  IV. 

All  articles  seized  which  were  in  the  possession  of  the  person  to 
be  surrendered  at  the  time  of  his  apprehension,  whether  being  the 
proceeds  of  the  crimq  or  offence  charged,  or  being  material  as  evidence 
in  making  proof  of  the  crime  or  offense,  shall,  so  far  as  practicable, 
and  if  the  competent  authority  of  the  State  applied  to  for  the  extradi- 
tion has  ordered  the  delivery  thereof,  be  given  up  when  the  extra- 
dition takes  place.  Nevertheless,  the  rights  of  third  parties  with 
regard  to  the  articles  aforesaid  shall  be  duly  respected. 


742  TKEATIES,  CONVENTIONS,  ETC. 

Article  V. 

If  the  individual  claimed  by  one  of  the  two  High  Contracting 
Parties,  in  pursuance  of  the  present  Convention,  should  also  be 
claimed  by  one  or  several  other  Powers  on  account  of  crimes  or 
offenses  committed  within  their  respective  jurisdictions,  his  extradi- 
tion shall  be  granted  to  that  state  whose  demand  is  first  received. 

The  provisions  of  this  Article,  and  also  of  Articles  II  to  IV,  in- 
clusive, of  the  present  Convention,  shall  apply  to  surrender  for 
offenses  specified  in  the  aforesaid  Tenth  Article,  as  well  as  to  sur- 
render for  offenses  specified  in  this  Convention. 

Article  VI. 

The  extradition  of  fugitives  under  the  provisions  of  this  Conven- 
tion and  of  the  said  Tenth  Article  shall  be  carried  out  in  the  United 
States  and  in  Her  Majesty’s  dominions,  respectively,  in  conformity 
with  the  laws  regulating  extradition  for  the  time  being  in  force  in  the 
surrendering  State. 

Article  VII. 

The  provisions  of  the  said  Tenth  Article  and  of  this  Convention 
shall  apply  to  persons  convicted  of  the  crimes  therein  respectively 
named  and  specified,  whose  sentence  therefor  shall  not  have  been 
executed. 

In  case  of  a fugitive  criminal  alleged  to  have  been  convicted  of  the 
crime  for  which  his  surrender  is  asked,  a copy  of  the  record  of  the 
conviction  and  of  the  sentence  of  the  court  before  which  such  convic- 
tion took  place,  duly  authenticated,  shall  be  produced,  together  with 
the  evidence  proving  that  the  prisoner  is  the  person  to  whom  such 
sentence  refers. 

Article  VIII. 

The  present  Convention  shall  not  apply  to  any  of  the  crimes  herein 
specified  which  shall  have  been  committed,  or  to  any  conviction  which 
shall  have  been  pronounced,  prior  to  the  date  at  which  the  Convention 
shall  come  into  force. 

Article  IX. 

This  Convention  shall  be  ratified,  and  the  ratifications  shall  be 
exchanged  at  London  as  soon  as  possible. 

It  shall  come  into  force  ten  days  after  its  publication,  in  conformity 
with  the  forms  prescribed  by  the  laws  of  the  High  Contracting 
Parties,  and  shall  continue  in  force  until  one  or  the  other  of  the  High 
Contracting  Parties  shall  signify  its  wish  to  terminate  it,  and  no 
longer. 

In  witness  whereof,  the  undersigned  have  signed  the  same  and  have 
affixed  thereto  their  seals. 

Done  in  duplicate  at  the  city  of  Washington,  this  twelfth  day  of 
July,  1889. 

[seal.]  James  G.  Blaine, 

[seal.]  Julian  Pauncefote. 


GREAT  BRITAIN 1889-1891. 


743 


1891. 

Claims  Protocol. 

Concluded  June  13,  1891. 

This  protocol,  in  reference  to  arbitration  of  claims  against 
Portugal,  will  be  found  under  (Portugal)  June  13,  1891,  page  1460. 


1891. 

Modus  Vivendi  Eespecting  the  Fur-Seal  Fisheries  in  Behring 

Sea. 

Signed  June  15, 1891 ; Proclaimed  June  16, 1891. 

Articles. 

I.  Prohibition  by  Great  Britain.  I III.  Seizure  of  vessels. 

II.  Prohibition  by  the  United  States.  ] IV.  Right  of  visit. 

agreejment  between  the  government  of  the  united  states  and  the 

GOVERNMENT  OF  HER  BRITANNIC  MAJESTY  FOR  A MODUS  VIVENDI  IN 

RELATION  TO  THE  FUR  SEAL  FISHERIES  IN  BEHRING  SEA. 

For  the  purpose  of  avoiding  irritating  differences  and  with  a view 
to  promote  the  friendly,  settlement  of  the  questions  pending  between 
the  two  Governments  touching  their  respective  rights  in  Be&ing  Sea, 
and  for  the  preservation  of  the  seal  species,  the  following  agreement 
is  made  without  prejudice  to  the  rights  or  claims  of  either  party. 

I.  Her  Majesty’s  Government  will  prohibit,  until  May  next,  seal 
killing  in  that  part  of  Behring  Sea  lying  eastward  of  the  line  of 
demarcation  described  in  Article  No.  1 of  the  Treaty  of  1867  between 
the  United  States  and  Russia,  and  will  promptly  use  its  best  efforts 
to  ensure  the  observance  of  this  prohibition  by  British  subjects  and 
vessels. 

II.  The  United  States  Government  will  prohibit  seal  killing  for 
the  same  period  in  the  same  part  of  Behring  Sea  and  on  the  shores 
and  islands  thereof,  the  property  of  the  United  States  (in  excess  of 
7,500  to  be  taken  on  the  islands  for  the  subsistence  and  care  of  the 
natives)  and  will  promptly  use  its  best  efforts  to  ensure  the  observance 
of  this  prohibition  by  United  States  citizens  and  vessels. 

III.  Every  vessel  or  person  offending  against  this  prohibition  in  the 
said  waters  of  Behring  Sea  outside  of  the  ordinary  territorial  limits 
of  the  United  States,  may  be  seized  and  detained  by  the  naval  or  other 
duly  commissioned  officers  of  either  of  the  High  Contracting  Parties, 
but  they  shall  be  handed  over  as  soon  as  practicable  to  the  authorities 
of  the  nation  to  which  they  respectively  belong,  who  shall  alone  have 
jurisdiction  to  try  the  offense  and  impose  the  penalties  for  the  same. 
The  witnesses  and  proofs  necessary  to  establish  the  offense  shall  also 
be  sent  with  them. 


744 


TEEATIES,  CONVENTIONS,  ETC. 


IV.  In  order  to  facilitate  such  proper  inquiries  as  Her  Majesty’s 
Government  may  desire  to  make,  with  a view  to  the  presentation  of 
the  case  of  that  government  before  arbitrators,  and  in  expectation  that 
an  agreement  for  arbitration  may  be  arrived  at,  it  is  agreed  that 
suitable  persons  desi^ated  by  Great  Britain  will  be  permitted  at  any 
time,  upon  application,  to  visit  or  to  remain  upon  the  seal  islands 
during  the  present  sealing  season  for  that  purpose. 

Signed  and  sealed  in  duplicate  at  Washington,  this  fifteenth  day  of 
June  1891,  on  behalf  of  their  respective  Governments,  by  William  F. 
Wharton,  Acting  Secretary  of  State  of  the  United  States,  and  Sir 
Julian  Pauncefote,  G.  C.  M.  G.,  K.  C.  B.,  H.  B.  M.  Envoy  Extraor- 
dinary and  Minister  Plenipotentiary. 

William  F.  Wharton  [seal.] 
Julian  Pauncefote  [seal.] 


1891. 

Agreement  Between  the  Secretary  of  State  of  the  United  States 

AND  THE  Envoy  Extraordinary  and  Minister  Plenipotentiary 

OF  Great  Britain  on  the  Text  of  Articles  for  Insertion  in  the 

Bering  Sea  Arbitration  Agreement. 

Signed  Deceniber  18,  1891. 

The  following  is  the  text  of  Articles  for  insertion  in  the  Behring 
Sea  Arbitration  Agreement  as  settled  in  the  Diplomatic  Correspond- 
ence between  the  Government  of  the  United  States  and  the  Govern- 
ment of  Great  Britain : 

I. 

"What  exclusive  jurisdiction  in  the  sea  now  known  as  the  Behring’s 
Sea,  and  what  exclusive  rights  in  the  seal  fisheries  therein,  did  Kussia 
assert  and  exercise  prior  and  up  to  the  time  of  the  cession  of  Alaska 
to  the  United  States  ? 

II. 

How  far  were  these  claims  of  jurisdiction  as  to  the  seal  fisheries 
recognized  and  conceded  by  Great  Britain  ? 

III. 

Was  the  body  of  water  now  known  as  the  Behring’s  Sea  included  in 
the  phrase  “ Pacific  Ocean  ”,  as  used  in  the  Treaty  of  1825  between 
Great  Britain  and  Russia ; and  what  rights,  if  any,  in  the  Behring’s 
Sea  were  held  and  exclusively  exercised  by  Russia  after  said  Treaty? 

IV. 

Did  not  all  the  rights  of  Russia  as  to  jurisdiction,  and  as  to  the 
seal  fisheries  in  Behring’s  Sea  east  of  the  water  boundary,  in  the 
Treaty  between  the  United  States  and  Russia  of  the  30th  March,  1867, 
pass  unimpaired  to  the  United  States  under  that  Treaty  ? 


GREAT  BRITAIN — 1891. 


745 


V. 

Has  the  United  States  any  right,  and,  if  so,  what  right  of  protec- 
tion or  property  in  the  fur  seals  frequenting  the  islands  of  the  United 
States  in  Behring  Sea  when  such  seals  are  found  outside  the  ordinary 
three-mile  limit? 

VI. 

If  the  determination  of  the  foregoing  questions  as  to  the  exclusive 
jurisdiction  of  the  United  States  shall  leave  the  subject  in  such  posi- 
tion that  the  concurrence  of  Great  Britain  is  necessary  to  the  estab- 
lishment of  Regulations  for  the  proper  protection  and  preservation 
of  the  fur  seal  in,  or  habitually  resorting  to,  the  Behring’s  Sea,  the 
Arbitrators  shall  then  determine  what  concurrent  Regulations  outside 
the  jurisdictional  limits  of  the  respective  Governments  are  necessary, 
and  over  what  waters  such  Regulations  should  extend,  and  to  aid 
them  in  that  determination  the  report  of  a Joint  Commission  to  be 
appointed  by  the  respective  Governments  shall  be  laid  before  them, 
with  such  other  evidence  as  either  Government  may  submit. 

The  Contracting  Powers  furthermore  agree  to  co-operate  in  secur- 
ing the  adhesion  of  other  Powers  to  such  Regulations. 

VII. 

The  respective  Governments  having  found  themselves  unable  to 
agree  upon  a reference  which  shall  include  the  question  of  the  liability 
of  each  for  the  injuries  alleged  to  have  been  sustained  by  the  other, 
or  by  its  citizens,  in  connection  with  the  claims  presented  and  urged 
by  it;  and,  being  solicitous  that  this  subordinate  question  should  not 
interrupt  or  longer  delay  the  submission  and  determination  of  the 
main  questions,  do  agree  that  either  may  submit  to  the  Arbitrators 
any  question  of  fact  involved  in  said  claims  and  ask  for  a finding 
thereon,  the  question  of  the  liability  of  either  Government  upon  the 
facts  found  to  be  the  subject  of  further  negotiation. 

James  G.  Blaine  18  December  1891 
Julian  Pauncefote  18  Dec.  1891. 


The  following  is  the  text  of  the  Behring’s  Sea  Joint  Commission 
Agreement  as  settled  in  the  Diplomatic  Correspondence  between  the 
Government  of  the  United  States  and  the  Government  of  Great 
Britain : 

Each  Government  shall  appoint  two  Commissioners  to  investigate 
conjointly  with  the  Commissioners  of  the  other  Government  all  the 
facts  having  relation  to  seal  life  in  Behring’s  Sea,  and  the  measures 
necessary  for  its  proper  protection  and  preservation. 

The  four  Commissioners  shall,  so  far  as  they  may  be  able  to  agree, 
make  a joint  report  to  each  of  the  two  Governments,  and  they  shall 
also  report,  either  jointly  or  severally,  to  each  Goverment  on  any 
points  upon  which  they  may  be  unable  to  agree. 

These  reports  shall  not  be  made  public  until  they  shall  be  submitted 
to  the  Arbitrators,  or  it  shall  appear  that  the  contingency  of  their 
being  used  by  the  Arbitrators  cannot  arise. 

James  G.  Blaine  18  December  1891 
Julian  Pauncefote  18  Dec.  1891. 


746 


TREATIES,  CONVENTIONS,  ETC. 

1891. 

Copyright  Proclamation. 


Note. — See  copyright  proclamation  Belgium,  France,  Great  Brit- 
ain and  Switzerland,  page  105. 


1892. 


Convention  Relating  to  Fur-Seals  in  Behring  Sea. 

Concluded  Fehruary  29,  1892 ; ratification  advised  hy  Senate  March 
29,  1892;  ratified  by  Presiuent  April  22,  1892;  ratifications  ex- 
changed May  7, 1892;  proclaimed  May  9, 1892. 


Articles. 

I.  Tribunal. 

II.  Meeting;  agent. 

III.  Submission  of  case. 

IV.  Procedure. 

V.  Arguments. 

VI.  Points  for  decision. 

VII.  Regulations  to  preserve  seals 

VIII.  Liabilities  for  injuries. 

The  United  States  of  America  and  Her  Majesty  the  Queen  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  being  desirous  to 
provide  for  an  amicable  settlement  of  the  questions  which  have  arisen 
between  their  respective  governments  concerning  the  jurisdictional 
rights  of  the  United  States  in  the  waters  of  Behring’s  Sea,  and  con- 
cerning also  the  preservation  of  the  fur-seal  in,  or  habitually  resort- 
ing to,  the  said  Sea,  and  the  rights  of  the  citizens  and  subjects  of 
either  country  as  regards  the  taking  of  fur-seal  in,  or  habitually  re- 
sorting tOj  the  said  waters,  have  resolved  to  submit  to  arbitration  the 
questions  involved,  and  to  the  end  of  concluding  a convention  for  that 
purpose  have  appointed  as  their  respective  Plenipotentiaries: 

The  President  of  the  United  States  of  America,  James  G.  Blaine, 
Secretary  of  State  of  the  United  States ; and 

Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain 
and  Ireland,  Sir  Julian  Pauncefote,  G.  C.  M.  G.,  K.  C.  B.,  Her 
Majesty’s  Envoy  Extraordinary  and  Minister  Plenipotentiary  to 
the  United  States; 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers  which  were  found  to  be  in  due  and  proper  form,  have  agreed 
to  and  concluded  the  following  articles. 

Article  I. 


IX.  Report. 

X.  Expenses. 

XI.  Decision. 

XII.  Arbitration  expenses. 

XIII.  Record. 

XIV.  Final  settlement. 

XV.  Ratification. 


The  questions  which  have  arisen  between  the  Government  of  the 
United  States  and  the  Government  of  Her  Britannic  Majesty  con- 
cerning the  jurisdictional  rights  of  the  United  States  in  the  waters  of 
Behring’s  Sea,  and  concerning  also  the  preservation  of  the  fur-seal 
in,  or  habitually  resorting  to,  the  said  Sea,  and  the  rights  of  the 


GKEAT  BEITAIN — ^1892. 


747 


citizens  and  subjects  of  either  country  as  regards  the  taking  of  fur- 
seal  in,  or  habitually  resorting  to,  the  said  waters,  shall  be  submitted 
to  a tribunal  of  Arbitration,  to  be  composed  of  seven  Arbitrators, 
who  shall  be  appointed  in  the  following  manner,  that  is  to  say : Two 
shall  be  named  by  the  President  of  the  United  States;  two  shall  be 
named  by  Her  Britannic  Majesty;  His  Excellency  the  President  of 
the  French  Republic  shall  be  jointly  requested  % the  High  Con- 
tracting Parties  to  name  one;  His  Majesty  the  King  of  Italy  shall 
be  so  requested  to  name  one;  and  His  Majesty  the  King  of  Sweden 
and  Norway  shall  be  so  requested  to  name  one.  The  seven  Arbitra- 
tors to  be  so  named  shall  be  jurists  of  distinguished  reputation  in 
their  respective  countries ; and  the  selected  Powers  shall  be  requested 
to  choose,  if  possible,  jurists  who  are  acquainted  with  the  English 
language. 

In  case  of  the  death,  absence  or  incapacity  to  serve  of  any  or  either 
of  the  said  Arbitrators,  or  in  the  event  of  any  or  either  of  the  said 
Arbitrators  omitting  or  declining  or  ceasing  to  act  as  such,  the  Pres- 
ident of  the  United  States,  or  Her  Britannic  Majesty,  or  His  Excel- 
lency the  President  of  the  French  Republic,  or  His  Majesty  the 
King  of  Italy,  or  His  Majesty  the  King  of  Sweden  and  Norway,  as 
the  case  may  be,  shall  name,  or  shall  be  requested  to  name  forthwith 
another  person  to  act  as  Arbitrator  in  the  place  and  stead  of  the 
Arbitrator  originally  named  by  such  head  of  a State. 

And  in  the  event  of  the  refusal  or  omission  for  two  months  after 
receipt  of  the  joint  request  from  the  High  Contracting  Parties  of 
His  Excellency  the  President  of  the  French  Republic,  or  His  Majesty 
the  King  of  Italy,  or  His  Majesty  the  King  of  Sweden  and  Norway, 
to  name  an  Arbitrator,  either  to  fill  the  original  appointment  or  to 
fill  a vacancy  as  above  provided,  then  in  such  case  the  appointment 
shall  be  made  or  the  vacancy  shall  be  filled  in  such  manner  as  the 
High  Contracting  Parties  shall  agree. 

Article  II. 

The  Arbitrators  shall  meet  at  Paris  within  twenty  days  after  the 
delivery  of  the  counter  cases  mentioned  in  Article  IV,  and  shall 
proceed  impartially  and  carefully  to  examine  and  decide  the  ques- 
tions that  have  been  or  shall  be  laid  before  them  as  herein  provided 
on  the  part  of  the  Governments  of  the  United  States  and  Her 
Britannic  Majesty  respectively.  All  questions  considered  by  the 
tribunal,  including  the  final  decision,  shall  be  determined  by  a 
majority  of  all  the  Arbitrators. 

Each  of  the  High  Contracting  Parties  shall  also  name  one  person 
to  attend  the  tribunal  as  its  Agent  to  represent  it  generally  in  all 
matters  connected  with  the  arbitration. 

Article  III. 

The  printed  case  of  each  of  the  two  parties,  accompanied  by  the 
documents,  the  official  correspondence,  and  other  evidence  on  which 
each  relies,  shall  be  delivered  in  duplicate  to  each  of  the  Arbitrators 
and  to  the  Agent  of  the  other  party  as  soon  as  may  be  after  the 
appointment  of  the  members  of  the  tribunal,  but  within  a period 
not  exceeding  four  months  from  the  date  of  the  exchange  of  the 
ratifications  of  this  treaty. 


748 


TREATIES,  CONVENTIONS,  ETC. 

Article  IV. 


Within  three  months  after  the  delivery  on  both  sides  of  the  printed 
case,  either  party  may,  in  like  manner  deliver  in  duplicate  to  each  of 
the  said  Arbitrators,  and  to  the  Agent  of  the  other  party,  a counter 
case,  and  additional  documents,  correspondence,  and  evidence,  in 
reply  to  the  case,  documents,  correspondence,  and  evidence  so  pre- 
sented by  the  other  party. 

If,  however,  in  consequence  of  the  distance  of  the  place  from 
which  the  evidence  to  be  presented  is  to  be  procured,  either  party 
shall,  within  thirty  days  after  the  receipt  by  its  agent  of  the  case  of 
the  other  party,  give  notice  to  the  other  party  that  it  requires  addi- 
tional time  for  the  delivery  of  such  counter  case,  documents,  corre- 
spondence and  evidence,  such  additional  time  so  indicated,  liut  not 
exceeding  sixty  days  beyond  the  three  months  in  this  Article  pro- 
vided, shall  be  allowed. 

If  in  the  case  submitted  to  the  Arbitrators  either  party  shall  have 
specified  or  alluded  to  any  report  or  document  in  its  own  exclusive 
possession,  without  annexing  a copy,  such  party  shall  be  bound,  if 
the  other  party  thinks  proper  to  aj)ply  for  it,  to  furnish  that  party 
with  a copy  thereof;  and  either  party  may  call  upon  the  other, 
through  the  Arbitrators,  to  produce  the  originals  or  certified  copies 
of  any  papers  adduced  as  evidence,  giving  in  each  instance  notice 
thereof  within  thirty  days  after  delivery  of  the  case ; and  the  original 
or  copy  so  requested  shall  be  delivered  as  soon  as  may  be  and  within 
a period  not  exceeding  forty  days  after  receipt  of  notice. 

Aritcle  V. 

It  shall  be  the  duty  of  the  Agent  of  each  party,  within  one  month 
after  the  expiration  of  the  time  limited  for  the  delivery  of  the  coun- 
ter case  on  both  sides,  to  deliver  in  duplicate  to  each  of  the  said 
Arbitrators  and  to  the  agent  of  the  other  party  a printed  argument 
showing  the  points  and  referring  to  the  evidence  upon  which  his 
Government  relies,  and  either  party  may  also  support  the  same 
before  the  Arbitrators  by  oral  argument  of  counsel;  and  the  Arbi- 
trators may,  if  they  desire  further  elucidation  with  regard  to  any 
point,  require  a written  or  printed  statement  or  argument,  or  oral 
argument  by  counsel,  upon  it;  but  in  such  case  the  other  party  shall 
be  entitled  to  reply  either  orally  or  in  writing,  as  the  case  may  be. 

Article  VI. 

In  deciding  the  matter  submitted  to  the  Arbitrators,  it  is  agreed 
that  the  following  five  points  shall  be  submitted  to  them,  in  order 
that  their  awards  shall  embrace  a distinct  decision  upon  each  of  said 
five  points,  to  wit: 

1.  What  exclusive  jurisdiction  in  the  sea  now  known  as  the  Behring’s 
Sea,  and  what  exclusive  rights  in  the  seal  fisheries  therein,  did  Russia 
assert  and  exercise  prior  and  up  to  the  time  of  the  cession  of  Alaska 
to  the  United  States? 

2.  How  far  were  these  claims  of  jurisdiction  as  to  the  seal  fisheries 
recognized  and  conceded  by  Great  Britain? 


GREAT  BRITAIN 1892. 


749 


3.  Was  the  body  of  water  now  known  as  the  Behring’s  Sea  included 
in  the  phrase  “ Pacific  Ocean  ”,  as  used  in  the  Treaty  of  1825  between 
Great  Britain  and  Eussia ; and  what  rights,  if  any,  in  the  Behring’s 
Sea  were  held  and  exclusively  exercised  by  Eussia  after  said  Treaty? 

4.  Did  not  all  the  rights  of  Eussia  as  to  jurisdiction,  and  as  to  the 
seal  fisheries  in  Behring’s  Sea  east  of  the  water  boundary,  in  the 
Treaty  between  the  United  States  and  Eussia  of  the  30th  March,  1867, 
pass  unimpaired  to  the  United  States  under  that  Treaty  ? 

5.  Has  the  United  States  any  right,  and  if  so,  what  right  of  protec- 
tion or  property  in  the  fur-seals  frequenting  the  islands  of  the  United 
States  in  Behring  Sea  when  such  seals  are  found  outside  the  ordinary 
three-mile  limit? 

Article  VII. 

If  the  determination  of  the  foregoing  questions  as  to  the  exclusive 
jurisdiction  of  the  United  States  shall  leave  the  subject  in  such  posi- 
tion that  the  concurrence  of  Great  Britain  is  necessary  to  the  estab- 
lishment of  Eegulations  for  the  proper  protection  and  preservation 
of  the  fur-seal  in,  or  habitually  resorting  to,  the  Behring  Sea,  the 
Arbitrators  shall  then  determine  what  concurrent  Eegulations  outside 
the  jurisdictional  limits  of  the  respective  Governments  are  necessary, 
and  over  what  waters  such  Eegulations  should  extend,  and  to  aid 
them  in  that  determination  the  report  of  a Joint  Commission  to  be 
appointed  by  the  respective  Governments  shall  be  laid  before  them, 
with  such  other  evidence  as  either  Government  may  submit. 

The  High  Contracting  Parties  furthermore  agree  to  cooperate  in 
securing  the  adhesion  of  other  Powers  to  such  Eegulations. 

Article  VIII. 

The  High  Contracting  Parties  having  found  themselves  unable  to 
agree  upon  a reference  which  shall  include  the  question  of  the  liability 
of  each  for  the  injuries  alleged  to  have  been  sustained  by  the  other,  or 
by  its  citizens,  in  connection  with  the  claims  presented  and  urged  by 
it;  and,  being  solicitous  that  this  subordinate  question  should  not  in- 
terrupt or  longer  delay  the  submission  and  determination  of  the  main 
questions,  do  agree  that  either  may  submit  to  the  Arbitrators  any 
question  of  fact  involved  in  said  claims  and  ask  for  a finding  thereon, 
the  question  of  the  liability  of  either  Government  upon  the  facts 
found  to  be  the  subject  of  further  negotiation. 

Article  IX. 

The  High  Contracting  Parties  have  agreed  to  appoint  two  Commis- 
sioners on  the  part  of  each  Government  to  make  the  joint  investigation 
and  report  contemplated  in  the  preceding  Article  VTI,  and  to  include 
the  terms  of  the  said  Agreement  in  the  present  Convention,  to  the  end 
that  the  joint  and  several  reports  and  recommendations  of  said  Com- 
missioners may  be  in  due  form  submitted  to  the  Arbitrators  should  the 
contingency  therefor  arise,  the  said  Agreement  is  accordingly  herein 
included  as  follows: 

Each  Government  shall  appoint  two  Commissioners  to  investigate 
conjointly  with  the  Commissioners  of  the  other  Government  all  the 
facts  having  relation  to  seal  life  in  Behring’s  Sea,  and  the  measures 
necessary  for  its  proper  protection  and  preservation. 


750 


TKEATIES,  CONVENTIONS,  ETC. 


The  four  Commissioners  shall,  so  far  as  they  may  be  able  to  agree, 
make  a joint  report  to  each  of  the  two  Governments,  and  they  shall 
also  report,  either  jointly  or  severally,  to  each  Government  on  any 
points  upon  which  they  may  be  unable  to  agree. 

These  reports  shall  not  be  made  public  until  they  shall  be  submitted 
to  the  Arbitrators,  or  it  shall  appear  that  the  contingency  of  their 
being  used  by  the  Arbitrators  can  not  arise. 

Article  X. 

Each  Government  shall  pay  the  expenses  of  its  members  of  the 
Joint  Commission  in  the  investigation  referred  to  in  the  preceding 
Article. 

Article  XI. 

The  decision  of  the  tribunal  shall,  if  possible,  be  made  within  three 
months  from  the  close  of  the  argument  on  both  sides. 

It  shall  be  made  in  writing  and  dated,  and  shall  be  signed  by  the 
Arbitrators  who  may  assent  to  it. 

The  decision  shall  be  in  duplicate,  one  copy  whereof  shall  be  de- 
livered to  the  Agent  of  the  United  States  for  his  Government,  and 
the  other  copy  shall  be  delivered  to  the  Agent  of  Great  Britain  for 
his  Government. 

Article  XII. 

Each  Government  shall  pay  its  own  Agent  and  provide  for  the 
proper  remuneration  of  the  counsel  employed  by  it  and  of  the  Arbi- 
trators appointed  by  it,  and  for  the  expense  of  preparing  and  sub- 
mitting its  case  to  the  tribunal.  All  other  expenses  connected  with 
the  Arbitration  shall  be  defrayed  by  the  two  Governments  in  equal 
moieties. 

Article  XIII. 

The  Arbitrators  shall  keep  an  accurate  record  of  their  proceedings, 
and  may  appoint  and  employ  the  necessary  officers  to  assist  them. 

Article  XIV. 

The  High  Contracting  Parties  engage  to  consider  the  result  of  the 
proceedings  of  the  tribunal  of  arbitration,  as  a full,  perfect,  and  final 
settlement  of  all  the  questions  referred  to  the  Arbitrators. 

Article  XV. 

The  present  treaty  shall  be  duly  ratified  by  the  President  of  the 
United  States  of  America,  by  and  with  the  advice  and  consent  of  the 
Senate  thereof,  and  by  Her  Britannic  Majesty;  and  the  ratification 
shall  be  exchanged  either  at  Washington  or  at  London  within  six 
months  from  the  date  hereof,  or  earlier  if  possible. 

In  faith  whereof,  we,  the  respective  Pleniiiotentiaries,  have  signed 
this  treaty  and  have  hereunto  affixed  our  seals. 

Done  in  duplicate  at  Washington  the  twenty-ninth  day  of  Febru- 
ary, one  thousand  eight  hundred  and  ninety-two. 

James  G.  Blaine  [seal] 
Julian  Paunceeote  [seal] 


GEEAT  BEITAIN 1892. 


751 


Award  of  the  Tribunal  of  Arbitration  Constituted  under  the 

Treaty  Concluded  at  Washington,  the  29'^^^  of  February  1892, 

BETWEEN  THE  IJnITED  StATES  OF  AmERICA  AND  HeR  MaJESTY 

THE  Queen  of  the  United  Kingdom  of  Great  Britain  and 

Ireland. 

Whereas  by  a Treaty  between  the  United  States  of  America  and 
Great  Britain,  signed  at  Washington,  February  29,  1892,  the  ratifica- 
tions of  which  by  the  Governments  of  the  two  Countries  were  ex- 
changed at  London  on  May  the  7^“,  1892,  it  was,  amongst  other  things, 
agreed  and  concluded  that  the  questions  which  had  arisen  between  the 
Government  of  the  United  States  of  America  and  the  Government  of 
Her  Britannic  Majesty,  concerning  the  jurisdictional  rights  of  the 
United  States  in  the  waters  of  Behring’s  Sea,  and  concerning  also 
the  preservation  of  the  fur-seal  in  or  habitually  resorting  to  the 
said  sea,  and  the  rights  of  the  citizens  and  subjects  of  either  Country 
as  regards  the  taking  of  fur-seals  in  or  habitually  resorting  to  the 
said  waters,  should  be  submitted  to  a Tribunal  of  Arbitration  to  be 
composed  of  seven  Arbitrators,  who  should  be  appointed  in  the  fol- 
lowing manner,  that  is  to  say : two  should  be  named  by  the  President 
of  the  United  States ; two  should  be  named  by  Her  Britannic  Majesty ; 
His  Excellency  the  President  of  the  French  Republic  should  be 
jointly  requested  by  the  High  Contracting  Parties  to  name  one;  His 
Majesty  the  King  of  Italy  should  be  so  requested  to  name  one;  His 
Majesty  the  King  of  Sweden  and  Norway  should  be  so  requested  to 
name  one;  the  seven  Arbitrators  to  be  so  named  should  be  jurists  of 
distinguished  reputation  in  their  respective  Countries,  and  the  se- 
lecting Powers  should  be  requested  to  choose,  if  possible,  jurists  who 
are  acquainted  with  the  English  language; 

And  whereas  it  was  further  agreed  by  article  II  of  the  said  Treaty 
that  the  Arbitrators  should  meet  at  Paris  within  twenty  days  after 
the  delivery  of  the  Counter-Cases  mentioned  in  article  IV,  and  should 
proceed  impartially  and  carefully  to  examine  and  decide  the  questions 
which  had  been  or  should  be  laid  before  them  as  in  the  said  Treaty 
provided  on  the  part  of  the  Governments  of  the  United  States  and  of 
Her  Britannic  Majesty  respectively,  and  that  all  questions  considered 
by  the  Tribunal,  including  the  final  decision,  should  be  determined 
by  a majority  of  all  the  Arbitrators; 

And  whereas  by  article  VI  of  the  said  Treaty,  it  was  further  pro- 
vided as  follows : “ In  deciding  the  matters  submitted  to  the  said 
“ Abritrators,  it  is  agreed  that  the  following  five  points  shall  be  sub- 
“ mitted  to  them  in  order  that  their  award  shall  embrace  a distinct 
“ decision  upon  each  of  said  five  points,  to  wit : 

“ 1.  What  exclusive  jurisdiction  in  the  sea  now  known  as  the 
“ Behring’s  Sea,  and  what  exclusive  rights  in  the  seal  fisheries  therein^ 
“ did  Russia  assert  and  exercise  prior  and  up  to  the  time  of  the  cession 
“ of  Alaska  to  the  United  States? 

“ 2.  How  far  were  these  claims  of  jurisdiction  as  to  the  seal  fisheries 
“ recognized  and  conceded  by  Great  Britain  ? 

“ 3.  Was  the  body  of  water  now  known  as  the  Behring’s  Sea  in- 
“ eluded  in  the  phrase  Pacific  Ocean^  as  used  in  the  Treaty  of  1825 
“ between  Great  Britain  and  Russia ; and  what  rights,  if  any,  in  the 
“ Behring’s  Sea  were  held  and  exclusively  exercised  by  Russia  after 
“ said  Treaty  ? 


752 


TREATIES,  CONVENTIONS,  ETC. 


“ 4.  Did  not  all  the  rights  of  Eussia  as  to  jurisdiction  and  as  to  the 
“ seal  fisheries  in  Behring’s  Sea  east  of  the  water  boundary,  in  the 
“ Treaty  between  the  United  States  and  Russia  of  the  30^*’  of  March 
“ 1867,  pass  unimpaired  to  the  United  States  under  that  treaty? 

“ 5.  Has  the  United  States  any  right,  and  if  so,  what  right  of  pro- 
“ tection  or  property  in  the  fur-seals  frequenting  the  islands  of  the 
“ United  States  in  Behring  Sea  when  such  seals  are  found  outside  the 
“ ordinary  three-mile  limit?” 

And  whereas,  by  article  VII  of  the  said  Treaty,  it  was  further 
agreed  as  follows : 

“ If  the  determination  of  the  foregoing  questions  as  to  the  exclusive 
“ jurisdiction  of  the  United  States  shall  leave  the  subject  in  such  posi- 
“ tion  that  the  concurrence  of  Great  Britain  is  necessary  to  the  estab- 
“ lishment  of  Regulations  for  the  proper  protection  and  preservation 
“ of  the  fur-seal  in,  or  habitually  resorting  to,  the  Behring  Sea,  the 
“ Arbitrators  shall  then  determine  what  concurrent  Regulations,  out- 
“ side  the  jurisdictional  limits  of  the  respective  Governments,  are 
“ necessary,  and  over  what  waters  such  Regulations,  should  extend 

“ The  High  Contracting  Parties  furthermore  agree  to  cooperate  in 
“ securing  the  adhesion  of  other  Powers  to  such  Regulations;” 

And  whereas,  by  article  VIII  of  the  said  Treaty,  after  reciting  that 
the  High  Contracting  Parties  had  found  themselves  unable  to  agree 
upon  a reference  which  should  include  the  question  of  the  liability  of 
each  for  the  injuries  alleged  to  have  been  sustained  by  the  other,  or 
by  its  citizens,  in  connection  with  the  claims  presented  and  urged  by 
it,  and  that  “ they  were  solicitous  that  this  subordinate  question 
“ should  not  interrupt  or  longer  delay  the  submission  and  determi- 
“ nation  of  the  main  questions  ”,  the  High  Contracting  Parties  agreed 
that  “ either  of  them  might  submit  to  the  Arbitrators  any  question  of 
“ fact  involved  in  said  claims  and  ask  for  a finding  thereon,  the  ques- 
“ tion  of  the  liability  of  either  Government  upon  the  facts  found,  to 
“ be  the  subject  of  further  negociation ;” 

And  w’^hereas  the  President  of  the  United  States  of  America  named 
The  Honourable  John  M.  Harlan,  Justice  of  the  Supreme  Court  of 
the  United  States,  and  the  Honourable  John  T.  Morgan,  Senator  of 
the  United  States,  to  be  two  of  the  said  Arbitrators,  and  Her  Britan- 
nic Majesty  named  The  Right  Honourable  Lord  Hannen  and  The 
Honourable  Sir  John  Thompson,  Minister  of  Justice  and  Attorney 
General  for  Canada,  to  be  two  of  the  said  Ai-bitrators,  and  His  Ex- 
cellency the  President  of  the  French  Republic  named  the  Baron  de 
CouRCEL,  Senator,  Ambassador  of  France,  to  be  one  of  the  said  Arbi- 
trators, and  His  Majesty  the  King  of  Italy  named  the  Marquis 
Emilio  Visconti  Venosta,  former  Minister  of  Forei^i  Affairs  and 
Senator  of  the  Kingdom  of  Italy,  to  be  one  of  the  said  Arbitrators, 
and  His  Majesty  the  King  of  Sweden  and  Norway  named  Mr. 
Gregers  Gram,  Minister  of  State,  to  be  one  of  the  said  Arbitrators; 

And  whereas  We,  the  said  Arbitrators,  so  named  and  appointed, 
having  taken  upon  ourselves  the  burden  of  the  said  Arbitration,  and 
having  duly  met  at  Paris,  proceeded  impartially  and  carefully  to  ex- 
amine and  decide  all  the  questions  submitted  to  us  the  said  Arbi- 
trators, under  the  said  Treaty,  or  laid  before  us  as  provided  in  the 
said  Treaty  on  the  part  of  the  Governments  of  Her  Britannic  Majesty 
and  the  United  States  respectively; 


GREAT  BRITAIN ^1892. 


753 


NOW  WE,  the  said  Arbitrators,  having  impartially  and  carefully 
examined  the  said  questions,  do  in  like  manner  by  this  our  Award 
decide  and  determine  the  said  questions  in  the  manner  following,  that 
is  to  say,  we  decide  and  determine  as  to  the  five  points  mentioned  in 
article  VI  as  to  which  our  Award  is  to  embrace  a distinct  decision 
upon  each  of  them: 

As  to  the  first  of  the  said  five  points.  We,  the  said  Baron  de 
CouRCEL,  ]Mr  Justice  Harlan,  Lord  Hannen,  Sir  John  Thompson, 
Marquis  Visconti  Venosta  and  Mr  Gregers  Gram,  being  a majority 
of  the  said  Arbitrators,  do  decide  and  determine  as  follows : 

By  the  Ukase  of  1821,  Russia  claimed  jurisdiction  in  the  sea  now 
known  as  the  Behring’s  Sea,  to  the  extent  of  100  Italian  miles  from 
the  coasts  and  islands  belonging  to  her,  but,  in  the  course  of  the  nego- 
ciations  which  led  to  the  conclusion  of  the  Treaties  of  1824  with  the 
United  States  and  of  1825  with  Great  Britain,  Russia  admitted  that 
her  jurisdiction  in  the  said  sea  should  be  restricted  to  the  reach  of  can- 
non shot  from  shore,  and  it  appears  that,  from  that  time  up  to  the 
time  of  the  cession  of  Alaska  to  the  United  States,  Russia  never  as- 
serted in  fact  or  exercised  any  exclusive  jurisdiction  in  Behring’s  Sea 
or  any  exclusive  rights  in  the  seal  fisheries  therein  beyond  the  ordi- 
nary limit  of  territorial  waters. 

As  to  the  second  of  the  said  five  points.  We,  the  said  Baron  de 
CouRCEL,  Mr  Justice  Harlan,  Lord  Hannen,  Sir  John  Thompson, 
Marquis  Visconti  Venosta  and  Mr  Gregers  Gram,  being  a majority 
of  the  said  Arbitrators,  do  decide  and  determine  that  Great  Britain 
did  not  recognize  or  concede  any  claim,  upon  the  part  of  Russia,  to 
exclusive  jurisdiction  as  to  the  seal  fisheries  in  Behring  Sea,  outside 
of  ordinary  territorial  waters. 

As  to  the  third  of  the  said  five  points,  as  to  so  much  thereof  as  requires 
us  to  decide  whether  the  body  of  water  now  known  as  the  Behring  Sea 
was  included  in  the  phrase  “ Pacific  Ocean  ” as  used  in  the  Treaty  of 
1825  between  Great  Britain  and  Russia,  We,  the  said  Arbitrators,  do 
unanimously  decide  and  determine  that  the  body  of  water  now  known 
as  the  Behring  Sea  was  included  in  the  phrase  “ Pacific  Ocean  ” as 
used  in  the  said  Treaty. 

And  as  to  so  much  of  the  said  third  point  as  requires  us  to  decide 
what  rights,  if  any,  in  the  Behring  Sea  were  held  and  exclusively 
exercised  by  Russia  after  the  said  Treaty  of  1825,  We,  the  said  Baron 
de  Coijrcel,  Mr.  Justice  Harlan,  Lord  Hannen,  Sir  John  Thomp- 
son, Marquis  Visconti  Venosta  and  Mr.  Gregers  Gram,  being  a 
majority  of  the  said  Arbitrators,  do  decide  and  determine  that  no 
exclusive  rights  of  jurisdiction  in  Behring  Sea  and  no  exclusive  rights 
as  to  the  seal  fisheries  therein,  were  held  or  exercised  by  Russia  out- 
side of  ordinary  territorial  waters  after  the  Treaty  of  1825. 

As  to  the  fourth  of  the  said  five  points.  We,  the  said  Arbitrators, 
do  unanimously  decide  and  determine  that  all  the  rights  of  Russia  as 
to  jurisdiction  and  as  to  the  seal  fisheries  in  Behring  Sea,  east  of  the 
water  boundary,  in  the  Treaty  between  the  United  States  and  Russia 
of  the  30^^*  March  1867,  did  pass  unimpaired  to  the  United  States 
under  the  said  Treaty. 

As  to  the  fifth  of  the  said  five  points.  We,  the  said  Baron  de 
CouRCEL,  Lord  Hennen,  Sir  John  Thompson,  Marquis  Visconti 
Venosta  and  M.  Gregers  Gram  being  a majority  of  the  said  arbi- 
24449— VOL  1—10 48 


754 


TREATIES,  CONVENTIONS,  ETC. 


trators,  do  decide  and  determine  that  the  United  States  has  not  any 
right  of  protection  or  property  in  the  fur-seals  frequenting  the  islands 
of  the  United  States  in  Behring  Sea,  when  such  seals  are  fqund  out- 
side the  ordinary  three-mile  limit. 

And  whereas  the  aforesaid  determination  of  the  foregoing  ques- 
tions as  to  the  exclusive  jurisdiction  of  the  United  States  mentioned 
in  Article  VI  leaves  the  subject  in  such  a position  that  the  concurrence 
of  Great  Britain  is  necessary  to  the  establishment  of  Regulations  for 
the  proper  protection  and  preservation  of  the  fur-seal  in  or  habitually 
resorting  to  the  Behring  Sea,  the  Tribunal  having  decided  by  a ma- 
jority as  to  each  Article  of  the  folloAving  Regulations,  We,  the  said 
Baron  de  Courcel,  Lord  Hannen,  Marquis  Visconti  Venosta,  and 
Mr.  Gregers  Gram,  assenting  to  the  whole  of  the  nine  Articles  of  the 
following  Regulations,  and  being  a majority  of  the  said  Arbitrators, 
do  decide  and  determine  in  the  mode  provided  by  the  Treaty,  that 
the  following  concurrent  Regulations  outside  the  jurisdictional  limits 
of  the  respective  Governments  are  necessary  and  that  they  should  ex- 
tend over  the  waters  hereinafter  mentioned,  that  is  to  say : 

Article  1. 

The  Governments  of  the  United  States  and  of  Great  Britain  shall 
forbid  their  citizens  and  subjects  respectively  to  kill,  capture  or  pur- 
sue at  any  time  and  in  any  manner  whatever,  the  animals  commonly 
called  fur  seals,  within  a zone  of  sixty  miles  around  the  Pribilov 
Islands,  inclusive  of  the  territorial  waters. 

The  miles  mentioned  in  the  preceding  paragraph  are  geographical 
miles,  of  sixty  to  a degree  of  latitude. 

Article  2. 

The  two  Governments  shall  forbid  their  citizens  and  subjects  re- 
spectively to  kill,  capture  or  pursue,  in  any  manner  whatever,  during 
the  season  extending,  each  year,  from  the  1®*  of  May  to  the  of 
July,  both  inclusive,  the  fur  seals  on  the  high  sea,  in  the  part  of  the 
Pacific  Ocean,  inclusive  of  the  Behring  sea,  which  is  situated  to  the 
North  of  the  35^’’  degree  of  North  latitude,  and  eastward  of  the  180‘'' 
degree  of  longitude  from  Greenwich  till  it  strikes  the  water  boundary 
described  in  Article  1 of  the  Treaty  of  1867  between  the  United  States 
and  Russia,  and  following  that  line  up  to  Behring  straits. 

Article  3. 

During  the  period  of  time  and  in  the  waters  in  which  the  fiv  seal 
fishing  is  allowed,  only  sailing  vessels  shall  be  permitted  to  carry  on 
or  take  part  in  fur-seal  fishing  operations.  They  will  however  be  at 
liberty  to  avail  themselves  of  the  use  of  such  canoes  or  undecked 
boats,  propelled  by  paddles,  oars,  or  sails,  as  are  in  common  use  as 
fishing  boats. 

Article  4. 

Each  sailing  vessel  authorised  to  fish  for  fur  seals  must  be  pro- 
vided with  a special  license  issued  for  that  purpose  by  its  Government 
and  shall  be  required  to  carry  a distinguishing  flag  to  be  prescribed 
by  its  Govermnent. 


GEEAT  BRITAIN — 1892. 


755 


Article  5. 

The  masters  of  the  vessels  engaged  in  fur  seal  fishing  shall  enter 
accurately  in  their  official  log  book  the  date  and  place  of  each  fur 
seal  fishing  operation,  and  also  the  number  and  sex  of  the  seals 
cajitured  upon  each  day.  These  entries  shall  be  communicated  by 
each  of  the  two  Governments  to  the  other  at  the  end  of  each  fishing 
season. 

Article  6. 

The  use  of  nets,  fire  arms  and  explosives  shall  be  forbidden  in  the 
fur  seal  fishing.  This  restriction  shall  not  apply  to  shot  guns  when 
such  fishing  takes  place  outside  of  Behring’s  sea,  during  the  season 
when  it  may  be  lawfully  carried  on. 

Article  7. 

The  two  Governments  shall  take  measures  to  control  the  fitness 
of  the  men  authorized  to  engage  in  fur  seal  fishing;  these  men  shall 
have  been  proved  fit  to  handle  with  sufficient  skill  the  weapons  by 
means  of  which  this  fishing  may  be  carried  on. 

Article  8. 

The  regulations  contained  in  the  preceding  articles  shall  not  apply 
to  Indians  dwelling  on  the  coasts  of  the  territory  of  the  United  States 
or  of  Great  Britain,  and  carrying  on  fur  seal  fishing  in  canoes  or 
undecked  boats  not  transported  by  or  used  in  connection  with  other 
vessels  and  propelled  wholly  by  paddles,  oars  or  sails  and  manned 
by  not  more  than  five  persons  each  in  the  way  hitherto  practised  by 
the  Indians,  provided  such  Indians  are  not  in  the  employment  of 
other  persons  and  provided  that,  when  so  hunting  in  canoes  or  un- 
decked boats,  they  shall  not  hunt  fur  seals  outside  of  territorial 
waters  under  contract  for  the  delivery  of  the  skins  to  any  person. 

This  exemption  shall  not  be  construed  to  affect  the  Municipal  law 
of  either  country,  nor  shall  it  extend  to  the  waters  of  Behring  Sea 
or  the  waters  of  the  Aleutian  Passes. 

Nothing  herein  contained  is  intended  to  interfere  with  the  em- 
ployment of  Indians  as  hunters  or  otherwise  in  connection  with  fur 
sealing  vessels  as  heretofore. 


Article  9. 

The  concurrent  regulations  hereby  determined  with  a view  to  the 
protection  and  preservation  of  the  fur  seals,  shall  remain  in  force 
until  they  have  been,  in  whole  or  in  part,  abolished  or  modified  by 
common  agreement  between  the  Governments  of  the  United  States 
and  of  Great  Britain. 

The  said  concurrent  regulations  shall  be  submitted  every  five  years 
to  a new  examination,  so  as  to  enable  both  interested  Governments  to 
consider  whether,  in  the  light  of  past  experience,  there  is  occasion 
for  any  modification  thereof. 

And  whereas  the  Government  of  Her  Britannic  Majesty  did  sub- 
mit to  the  Tribunal  of  Arbitration  by  article  VIII  of  the  said  Treaty 


756 


TEEATIES,  CONVENTIONS,  ETC. 


certain  questions  of  fact  involved  in  the  claims  referred  to  in  the 
said  article  VIII,  and  did  also  submit  to  us,  the  said  Tribunal,  a 
statement  of  the  said  facts,  as  follows,  that  is  to  say: 

’‘'"Findings  of  fact  proposed  hy  the  Agent  of  Great  Britain  and 
’‘'"agreed  to  as  proved  hy  the  Agent  for  the  United  States,  and  sub- 
mitted  to  the  Trihuncd  of  Arbitration  for  its  consideration^ 

“ 1.  That  the  several  searches  and  seizures,  whether  of  ships  or 
“goods,  and  the  several  arrests  of  masters  and  crews,  respectively 
“ mentioned  in  the  Schedule  to  the  British  Case,  pages  1 to  60  inclu- 
“ sive,  were  made  by  the  authority  of  the  United  States  Government. 
“ The  questions  as  to  the  value  of  the  said  vessels  or  their  contents  or 
“ either  of  them,  and  the  question  as  to  whether  the  vessels  mentioned 
“ in  the  Schedule  to  the  British  Case,  or  any  of  them,  were  wholly  or 
“ in  part  the  actual  property  of  citizens  of  the  United  States,  have 
“been  withdrawn  from  and  have  not  been  considered  by  the  Tri- 
“ bunal,  it  being  understood  that  it  is  open  to  the  United  States  to 
“ raise  these  questions  or  any  of  them,  if  they  think  fit,  in  any  future 
“negotiations  as  to  the  liability  of  the  United  States  Government 
“ to  pay  the  amounts  mentioned  in  the  Schedule  to  the  British  Case ; 

“ 2.  That  the  seizures  aforesaid,  with  the  exception  of  the  “ Path- 
“ finder  ” seized  at  Neah-Bay,  were  made  in  Behring  Sea  at  the 
“ distances  from  shore  mentioned  in  the  Schedule  annexed  hereto 
“ marked  “ C ” ; 

“ 3.  That  the  said  several  searches  and  seizures  of  vessels  were 
“made  by  public  armed  vessels  of  the  United  States,  the  command- 
“ ers  of  which  had,  at  the  several  times  when  they  were  made,  from 
“ the  Executive  Department  of  the  Government  of  the  United  States, 
“ instructions,  a copy  of  one  of  which  is  annexed  hereto,  marked  “A” 
“ and  that  the  others  were,  in  all  substantial  respects,  the  same : that 
“ in  all  the  instances  in  which  proceedings  were  had  in  the  District 
“ Courts  of  the  United  States  resulting  in  condemnation,  such  pro- 
“ ceedings  were  begun  by  the  filing  of  libels,  a copy  of  one  of  which 
“ is  annexed  hereto,  marked  “ B ”,  and  that  the  libels  in  the  other 
“ proceedings  were  in  all  substantial  respects  the  same : that  the 
“ alleged  acts  or  offences  for  which  said  several  searches  and  seizures 
“ were  made  were  in  each  case  done  or  committed  in  Behring  Sea 
“ at  the  distances  from  shore  aforesaid ; and  that  in  each  case  in 
“ which  sentence  of  condemnation  was  passed,  except  in  those  cases 
“when  the  vessels  were  released  after  condemnation,  the  seizure  was 
“adopted  by  the  Government  of  the  United  States:  and  in  those 
“ cases  in  which  the  vessels  were  released  the  seizure  was  made  by 
“the  authority  the  United  States;  that  the  said  fines  and  imprison- 
“ ments  Avere  for  alleged  breaches  of  the  municipal  laws  of  the 
“ United  States,  which  alleged  breaches  were  whollj^  committed  in 
“ Behring  Sea  at  the  distances  from  the  shore  aforesaid : 

“ 4.  That  the  several  orders  mentioned  in  the  Schedule  annexed 
“ hereto  and  marked  “ C ” warning  vessels  to  leaA^e  or  not  to  enter 
“ Behring  Sea  were  made  by  public  armed  vessels  of  the  United  States 
“ the  commanders  of  which  had,  at  the  seA^eral  times  when  they  were 
“ given,  like  instructions  as  mentioned  in  finding  3,  and  that  the  ves- 
“ sels  so  warned  Avere  engaged  in  sealing  or  prosecuting  voyages  for 
“ that  iDurpose,  and  that  such  action  was  adopted  by  the  Government 
“ of  the  United  States ; 


GBEAT  BEITAIN — 1892. 


757 


“ 5.  That  the  District  courts  of  the  United  States  in  which  any  pro- 
“ ceedings  were  had  or  taken  for  the  purpose  of  condemning  any  ves- 
“ sel  seized  as  mentioned  in  the  Schedule  to  the  Case  of  Great  Britain, 
“ pages  1 to  60,  inclusive,  had  all  the  jurisdiction  and  powers  of 
“ Courts  of  Admiralty,  including  the  prize  jurisdiction,  but  that  in 
“ each  case  the  sentence  pronounced  by  the  Court  was  based  upon  the 
“ grounds  set  forth  in  the  libel 

“ Annex  A. 

“ Teeasuey  Depaetment,  Office  of  the  Seceetaey, 

“ Washington,  April  21,  1886. 

“ Sie: 

“ Referring  to  Department  letter  of  this  date,  directing  you  to  proceed  with 
“ the  revenue-steamer  Bear,  under  your  command,  to  the  seal  Islands,  etc.,  you 
“ are  hereby  clothed  with  full  power  to  enforce  the  law  contained  in  the  pro- 
“ visions  of  Section  1956  of  the  United  States’  Revised  Statutes,  and  directed  to 
“ seize  all  vessels  and  arrest  and  deliver  to  the  proper  authorities  any  or  all 
“ persons  whom  you  may  detect  violating  the  law  referred  to,  after  due  notice 
“ shall  have  been  given. 

“ You  will  also  seize  any  liquors  or  fire-arms  attempted  to  be  introduced  into 
“ the  country  without  proper  permit,  under  the  provisions  of  Section  1955  of 
“ the  Revised  Statutes,  and  the  Proclamation  of  the  President  dated  4*“  Febru- 
“ ary,  1870.” 

“ Respectfully  yours,” 

“ Signed : C.  S.  Faiechild,” 

“ Acting  Secretary." 

“ Captain  M.  A.  Healy, 

“ Commanding  Revenue-Steamer  Bear,  San-Francisco,  California.” 

“ Annex  B. 

“ In  the  District  Court  of  the  United  States  for  the  District  of  Alaska.  August 

special  term,  1886. 

“ To  the  Honourable  Lafayette  Dawson, 

“Judge  of  said  District  Court: 

“ The  libel  of  information  of  M.  D.  Ball,  Attorney  for  the  United  States  for 
“ the  District  of  Alaska,  who  prosecutes  on  behalf  of  said  United  States,  and 
“ being  present  here  in  Court  in  his  proper  person,  in  the  name  and  on  behalf 
“ of  the  said  United  States,  against  the  schooner  Thornton,  her  tackle,  apparel, 
“ boats,  cargo,  and  furniture,  and  against  all  persons  intervening  for  their 
“ interest  therein,  in  a cause  of  forfeiture,  alleges  and  informs  as  follows ; 

“ That  Charles  A.  Abbey,  an  officer  in  the  Revenue  marine  Service  of  the 
“ United  States,  and  on  special  duty  in  the  waters  of  the  district  of  Alaska, 
“ heretofore,  to  wit,  on  the  1“'  day  of  August,  1886,  within  the  limits  of  Alaska 
“ Territory,  and  in  the  waters  thereof,  and  within  the  civil  and  judicial  district 
“ of  Alaska,  to  wit,  within  the  waters  of  that  portion  of  Behring  sea  belonging 
“ to  the  said  district,  on  waters  navigable  from  the  sea  by  vessels  of  10  or 
“ more  tons  burden,  seized  the  ship  or  vessel  commonly  called  a schooner,  the 
“ Thormton,  her  tackle,  apparel,  boats,  cargo,  and  furniture,  being  the  property 
“ of  some  person  or  persons  to  the  said  Attorney  unknown,  as  forfeited  to  the 
“ United  States,  for  the  following  causes : 

“ That  the  said  vessel  or  schooner  was  found  engaged  in  killing  fur-seal 
“ within  the  limits  of  Alaska  Territory,  and  in  the  waters  thereof,  in  violation 
“ of  section  1956  of  the  Revised  Statutes  of  the  United  States. 

“ And  the  said  Attorney  saith  that  all  and  singular  the  premises  are  and  were 
“ true,  and  within  the  Admiralty  and  maritime  jurisdiction  of  this  Court,  and 
“ that  by  reason  thereof,  and  by  force  of  the  Statutes  of  the  United  States  in 
“ such  cases  made  and  provided,  the  afore-mentioned  and  described  schooner 
“ or  vessel,  being  a vessel  of  over  20  tons  burden,  her  tackle,  apparel,  boats, 
“ cargo,  and  furniture,  became  and  are  forfeited  to  the  use  of  the  said  United 
“ States,  and  that  said  schooner  is  now  within  the  district  aforesaid. 

“ Wherefore  the  said  Attorney  prays  the  usual  process  and  monition  of  this 
“ honourable  Court  issue  in  this  behalf,  and  that  all  persons  interested  in  the 
“ before-mentioned  and  described  schooner  or  vessel  may  be  cited  in  general 
“ and  special  to  answer  the  premises,  and  all  due  proceedings  being  had.  that 
“ the  said  schooner  or  vessei,  her  tackle,  apparel,  boats,  cargo,  and  furniture 


758 


TEEATIES,  CONVENTIONS,  ETC. 


“ may,  for  the  cause  aforesaid,  and  others  appearing,  be  condemned  by  the 
“ definite  sentence  and  decree  of  this  honourable  Court,  as  forfeited  to  the  use 
“ of  the  said  United  States,  according  to  the  form  of  the  Statute  of  the  said 
“ United  States  in  such  cases  made  and  provided. 

“ Signed : M.  D.  Ball, 

“ United  States  District  Attorney  for  the  District  of  Alaska. 

“ Annex  C. 

“ The  following  Table  shows  the  names  of  the  British  sealing-vessels  seized 
“ or  w'arned  by  United  States  revenue  cruizers  1886-1890,  and  the  approximate 
“ distance  from  land  when  seized.  The  distances  assigned  in  the  cases  of  the 
“ Carolena,  Thornton  and  Onward  are  on  the  authority  of  U.  S.  Naval  Com- 
“ mander  Abbey  ( see  50'“  Congress,  2°“'  Session,  Senate  Executive  Documents 
“ N°  106,  pp.  20,  30,  40).  The  distances  assigned  in  the  cases  of  the  Anna  Beck, 
“ TF.  P.  Saytoard,  Dolphin  and  Grace  are  on  the  authority  of  Captain  Shepard 
“ U.  S.  R.  M.  (Blue  Book,  United  States  N"  2,  1890. — pp.  80-82.  See  Appendix, 
“vol.  III.)” 


Name  of  vessel. 

Date  of  seizure. 

Approximate  distance  from  land  when  seized. 

United 
States  ves- 
sel making 
seizure. 

Carolena 

August  1 1880  

75  miles 

Onward 

August  2 1 880  

115  miles 

Favourite 

Anna  Beck 

August  2 1886  

July  2 1887  

/Warned  by  Corwin  in  about  Lame  position  as 
\ Onward. 

66  miles 

W.  P.  Say  ward... 

July  9 1887  

July  12  1887  

Grace 

July  17  1887  

96  miles 

Ada 

August  25  1887  

15  miles 

Bear. 

Triumph 

August  4 1887  

July  31  18S9 

Warned  by  Rush  net  to  enter  Behring  Sea. 

July  29,1889  

Triumph 

July  11  1889  

July  11  1889  ...  . 

Ordered  out  of  Behring  Sea  by  Rush.  (?)  As 
to  position  when  warned. 

Ariel 

Kate 

July  .30  1889  

August  13  1889  

July  15  1889  

Ordered  out  of  Behring  Sea  by  Rush. 

Ditto. 

Pathfinder 

March  27  1890  

Seized  in  Neah  Baya 

Corwin. 

“ Neah  Bay  is  in  the  State  of  AVashington,  and  the  Pathfinder  was  seized  there  on 
charges  made  against  her  in  the  Behring  Sea  in  the  previous  year.  She  was  released  two 
days  later. 


And  Avhereas  the  Government  of  Her  Britannic  Majesty  did  ask 
the  said  Arbitrators  to  find  the  said  facts  as  set  forth  in  the  said 
statement,  and  whereas  the  Agent  and  Counsel  for  the  United  States 
Government  thereupon  in  our  presence  informed  us  that  the  said 
statement  of  facts  was  sustained  by  the  evidence,  and  that  they  had 
agreed  with  the  Agent  and  Counsel  for  Her  Britannic  Majesty  that 
We,  the  Arbitrators,  if  we  should  think  fit  so  to  do  might  find  the 
said  statement  of  facts  to  be  true. 

Now,  We,  the  said  Arbitrators,  do  unanimously  find  the  facts  as 
set  forth  in  the  said  statement  to  be  true. 

And  whereas  each  and  every  question  which  has  been  considered 
by  the  Tribunal  has  been  determined  by  a majority  of  all  the  Arbi- 
trators; 

Now  We,  Baron  de  Courcel,  Lord  Hannen,  Mr  Justice  Harlan, 
Sir  John  Thompson,  Senator  Morgan,  the  Marquis  Visconti  Ve- 
NOSTA  and  Mr  Gregers  Gram,  the  respective  minorities  not  with- 
drawing their  votes,  do  declare  this  to  be  the  final  Decision  and 
Award  in  writing  of  this  Tribunal  in  accordance  with  the  Treaty. 


GREAT  BRITAIN — 1892. 

Made  in  duplicate  at  Paris  and  signed  by  us  the  fifteenth  day  of 
August  in  the  year  1893. 

And  We  do  certify  this  English  Version  thereof  to  be  true  and 
accurate.  • 

Alph.  de  Courcel 
John  M.  Harlan 
John  T.  Morgan 
Hannen 

Jno  S D Thompson 
Visconti  Venosta 
G.  Gram. 


Declarations  made  by  the  Tribunal  of  Arbitration  and  Referred 

TO  THE  Governments  of  the  United  States  and  Great  Britain 

for  their  Consideration. 

I 

The  Arbitrators  declare  that  the  concurrent  Regulations,  as  deter- 
mined upon  by  the  Tribunal  of  Arbitration,  by  virtue  of  article  VII 
of  the  Treaty  of  the  29“*  of  February  1892,  being  applicable  to  the 
high  sea  only,  should,  in  their  opinion,  be  supplemented  by  other 
Regulations  applicable  within  the  limits  of  the  sovereignty  of  each  of 
the  two  Powers  interested  and  to  be  settled  by  their  common  agree- 
ment. 

II 

In  view  of  the  critical  condition  to  which  it  appears  certain  that 
the  race  of  fur-seals  is  now  reduced  in  consequence  of  circumstances 
not  fully  known,  the  Arbitrators  think  fit  to  recommend  both  Govern- 
ments to  come  to  an  understanding  in  order  to  prohibit  any  killing 
of  fur-seals,  either  on  land  or  at  sea,  for  a period  of  two  or  three 
years,  or  at  least  one  year,  subject  to  such  exceptions  as  the  two 
Governments  might  think  proper  to  admit  of. 

Such  a measure  might  be  recurred  to  at  occasional  intervals  if 
found  beneficial, 

III 

The  Arbitrators  declare  moreover  that,  in  their  opinion,  the  carry- 
ing out  of  the  Regulations  determined  upon  by  the  Tribunal  of  Arbi- 
tration, should  be  assured  by  a system  of  stipulations  and  measures 
to  be  enacted  by  the  two  Powers;  and  that  the  Tribunal  must,  in  con- 
sequence, leave  it  to  the  two  Powers  to  decide  upon  the  means  for 
giving  effect  to  the  Regulations  determined  upon  by  it. 

We  do  certify  this  English  version  to  be  true  and  accurate  and  have 
signed  the  same  at  Paris  this  IS***  day  of  August  1893. 

Alph  De  Courcel 
John  M.  Harlan 

I approve  declarations  I & III 

Hannen 

I approve  declarations  I & III 

Jno  S D Thompson 
John  T.  Morgan 
Visconti  Venosta 
G.  Gram. 


760 


TEEATIES,  CONVENTIONS,  ETC. 

1892. 


Convention  for  the  Renewal  of  the  Existing  Modus  Vivendi 

IN  Behring  Sea. 


Concluded  April  18,  1892;  ratification  advised  hy  the  Senate  April 
19,  1892;  ratified  hy  the  President  April  22,  1892;  ratifications 
exchanged  May  7, 1892;  proclaimed  May  9, 1892. 


Articles  : 


I.  Prohibition  by  Great  Britain. 

II.  Prohibition  by  United  States. 

III.  Seizure  of  vessels. 

IV.  Right  of  visit. 


V.  Arbitration. 
VI.  Denunciation. 
Vll.  Ratification. 


convention  between  the  united  STATES  OF  AMERICA  AND  GREAT 

BRITAIN  FOE  THE  RENEWAL  OF  THE  EXISTING  “ MODUS  VIVENDI  IN 

Behring’s  sea. 

Whereas  by  a Convention  concluded  between  the  United  States  of 
America  and  Her  Majesty  the  Queen  of  the  United  Kingdom  of 
Great  Britain  and  Ireland,  on  the  twenty -ninth  day  of  February,  one 
thousand  eight  hundred  and  ninety-two,  the  High  Contracting  Par- 
ties have  agreed  to  submit  to  Arbitration,  as  therein  stated,  the  ques- 
tions which  have  arisen  between  them  concerning  the  jurisdictional 
rights  of  the  United  States  in  the  waters  of  Behring’s  Sea  and  con- 
cerning also  the  preservation  of  the  fur-seal  in,  or  habitually  resort- 
ing to,  the  said  sea,  and  the  rights  of  the  citizens  and  subjects  of  either 
country  as  regards  the  taking  of  fur-seal  in,  or  habitually  resorting  to, 
the  said  waters;  and  whereas  the  High  Contracting  Parties,  having 
differed  as  to  what  restrictive  Regulations  for  seal-hunting  are  neces- 
sary, during  the  pendency  of  such  Arbitration,  have  agreed  to  adjust 
such  difference  in  manner  hereinafter  mentioned,  and  without  preju- 
dice to  the  rights  of  either  party : 

The  said  High  Contracting  Parties  have  appointed  as  their  Pleni- 
potentiaries to  conclude  a Convention  for  this  purpose,  that  is  to  say : 

The  President  of  the  United  States  of  America,  James  G.  Blaine, 
Secretary  of  State  of  the  United  States  ; 

And  Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Brit- 
ain and  Ireland,  Sir  Julian  Pauncefote,  Knight  Grand  Cross  of  the 
Most  Distinguished  Order  of  Saint  INIichael  and  Saint  George, 
Knight  Commander  of  the  Most  Honourable  Order  of  the  Bath,  and 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  Her  Britannic 
Majesty  to  the  United  States; 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers,  found  in  due  and  good  form,  have  agreed  upon  and 
concluded  the  following  Articles: 

Article  I. 

Her  Majesty’s  Government  will  prohibit,  during  the  pendency  of 
the  Arbitration,  seal  killing  in  that  part  of  Behring  Sea  lying  east- 
ward of  the  line  of  demarcation  described  in  Article  No.  I of  the  Treaty 


GEEAT  BKITAIN — 1892. 


761 


I 


of  1867  between  the  United  States  and  Kussia,  and  will  promptly 
use  its  best  efforts  to  ensure  the  observance  of  this  prohibition  by 
British  subjects  and  vessels. 

Article  II. 

The  United  States  Government  will  prohibit  seal-killing  for  the 
same  period  in  the  same  part  of  Behring’s  Sea,  and  on  the  shores 
and  islands  thereof,  the  property  of  the  United  States  (in  excess  of 
seven  thousand  five  hundred  to  be  taken  on  the  islands  for  the  sub- 
sistence of  the  Natives),  and  will  promptly  use  its  best  efforts  to 
ensure  the  observance  of  this  prohibition  by  United  States  citizens 
and  vessels. 

Article  III. 

Every  vessel  or  person  offending  against  this  prohibition  in  the 
said  waters  of  Behring  Sea  outside  of  the  ordinary  territorial  limits 
of  the  United  States,  may  be  seized  and  detained  by  the  naval  or 
other  duly  commissioned  officers  of  either  of  the  High  Contracting 
Parties,  but  they  shall  be  handed  over  as  soon  as  practicable  to  the 
authorities  of  the  Nation  to  which  they  respectively  belong,  who  alone 
shall  have  jurisdiction  to  try  the  offence  and  impose  the  penalties  for 
the  same.  The  witnesses  and  proof  necessary  to  establish  the  offence 
shall  also  be  sent  with  them. 

Article  IV. 

In  order  to  facilitate  such  proper  inquiries  as  Her  Majesty’s  Gov- 
ernment may  desire  to  make  with  a view  to  the  presentation  of  the 
case  and  arguments  of  that  Government  before  the  Arbitrators,  it  is 
agreed  that  suitable  persons  designated  by  Great  Britain  will  be  per- 
mitted at  any  time,  upon  application,  to  visit  or  remain  upon  the  Seal 
Islands  during  the  sealing  season  for  that  purpose. 

Article  V. 

If  the  result  of  the  Arbitration  be  to  affirm  the  right  of  British 
Sealers  to  take  seals  in  Behring  Sea  within  the  bounds  claimed  by 
the  United  States,  under  its  purchase  from  Russia,  then  comjiensa- 
tion  shall  be  made  by  the  United  States  to  Great  Britain  (for  the  use 
of  her  subjects)  for  abstaining  from  the  exercise  of  that  right  during 
the  pendency  of  the  Arbitration  upon  the  basis  of  such  a regulated 
and  limited  catch  or  catches  as  in  the  opinion  of  the  Arbitrators 
might  have  been  taken  without  an  undue  diminution  of  the  seal- 
herds;  and,  on  the  other  hand,  if  the  result  of  the  Arbitration  shall 
be  to  deny  the  right  of  British  sealers  to  take  seals  within  the  said 
waters,  then  compensation  shall  be  made  by  Great  Britain  to  the 
United  States  (for  itself,  its  citizens  and  lessees)  for  this  agreement 
to  limit  the  island  catch  to  seven  thousand  five  hundred  a season, 
upon  the  basis  of  the  difference  between  this  number  and  such  larger 
catch  as  in  the  opinion  of  the  Arbitrators  might  have  been  taken 
without  an  undue  diminution  of  the  seal-herds. 

The  amount  awarded,  if  any,  in  either  case  shall  be  such  as  under 
all  the  circumstances  is  just  and  equitable,  and  shall  be  promptly  paid. 


762 


TREATIES,  CONVENTIONS,  ETC. 
Article  VI. 


This  Convention  may  be  denounced  by  either  of  the  High  Contract- 
ing Parties  at  any  time  after  the  thirty-first  day  of  October,  one 
thousand  eight  hundred  and  ninety-three,  on  giving  to  the  other 
Party  two  months  notice  of  its  termination;  and  at  the  expiration  of 
such  notice  the  Convention  shall  cease  to  be  in  force. 

Article  VII. 

The  present  Convention  shall  be  duly  ratified  by  the  President  of 
the  United  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof,  and  by  Her  Britannic  Majesty : and  the  ratifications  shall  be 
exchanged  either  at  IVashington  or  at  London  as  early  as  possible. 

In  faith  whereof.  We,  the  respective  Plenipotentiaries  have  signed 
this  Convention  and  have  hereunto  affixed  our  Seals. 

Done  in  duplicate  at  Washington,  this  eighteenth  day  of  April,  one 
thousand  eight  hundred  and  ninety-two. 

James  G.  Blaine  [seal] 
Julian  Pauncefote  [seal] 


1892. 

Treaty  for  the  Recovery  of  Deserters  from  Merchant  Vessels. 

Concluded  June  3,  189.3;  ratification  advised  hy  the  Senate  June  30, 
1893;  ratified  hy  the  President  July  IJf,,  1892;  ratifications  ex- 
changed August  i,  1892;  'proclaimed  August  1,  1892. 

Aeticles. 

I.  Arrests  of  deserting  seamen.  I III.  Duration. 

II.  Ratifications.  I 

"Whereas  the  Governments  of  the  United  States  of  America  and  of 
Great  Britain  are  desirous  to  make  provision  for  the  apprehension, 
recovery  and  restoration  of  iiersons  who  may  desert  from  merchant 
vessels  of  their  respective  countries  while  in  the  ports  of  the  other 
country,  and  to  conclude  a treaty  for  the  above  purpose,  the  Higli 
Contracting  Parties  have  accordingly  appointed  as  their  PlenijDoten- 
tiaries  to  conclude  the  said  treaty,  that  is  to  say: 

The  President  of  the  United  States  of  America,  James  G.  Blaine, 
Secretary  of  State  of  the  United  States ; and 

Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain 
and  Ireland,  Sir  Julian  Pauncefote,  G.  C.  M.  G..  K.  C.  B.,  Her 
Majesty’s  Envoy  Extraordinary  and  Minister  Plenipotentiary  to  the 
United  States; 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers  found  in  due  and  good  form,  have  agreed  upon  the  fol- 
lowing articles. 

Article  I. 

The  Consuls  General,  Consuls,  Vice-Consuls  and  Consular  Agents 
of  either  of  the  High  Contracting  Parties,  residing  in  the  dominions. 


GREAT  BRITAIN 1892. 


763 


possessions  or  colonies  of  the  other,  shall  have  power  to  require  from 
the  proper  authorities  the  assistance  provided  by  law  for  the  appre- 
hension, recovery  and  restoration  of  seamen  who  may  desert  from 
any  ship  belonging  to  a citizen  or  subject  of  their  respective  coun- 
tries, while  in  the  ports  of  the  other  country.  If,  however,  any  such 
deserter  shall  have  committed  any  crime  or  offence  in  the  country 
where  he  is  found,  his  surrender  or  restoration  may  be  delayed  until 
the  proper  tribunal  before  which  the  case  shall  be  pending  or  may  be 
cognizable,  shall  have  pronounced  its  sentence  and  the  sentence  shall 
have  been  carried  into  effect. 

It  is  understood  that  the  preceding  stipulations  shall  not  apply 
to  the  citizens  or  subjects  of  the  country  where  the  desertion  shall 
take  place. 

Article  II. 

The  present  Treaty  shall  be  ratified  and  the  ratifications  shall  be 
exchanged  at  Washington  or  at  London  without  delay. 

Article  III. 

The  present  Treaty  shall  come  into  operation  at  the  expiration  of 
thirty  days  from  the  date  of  the  exchange  of  ratifications.  It  shall 
remain  in  force  for  five  years  after  that  date  and  thereafter  until 
terminated  by  a twelve  months’  notice  to  be  given  by  either  High 
Contracting  Party  to  the  other. 

In  faith  whereof,  we,  the  respective  Plenipotentiaries  have  signed 
tliis  Treaty  and  have  hereunto  affixed  our  Seals. 

Done  in  duplicate  at  Washington,  this  third  day  of  June,  one 
thousand  oight  hundred  and  ninety-two. 

James  G.  Blaine  [seal.] 
Julian  Pauncefote  [seal.] 


1892. 

Convention  for  Delimiting  Boundaries  not  Permanently 

Marked. 

Concluded  July  22^  1892;  ratification  advised  hy  the  Senate  July  25, 
1892;  ratified  hy  the  President  July  29,  1892;  ratifications  ex- 
changed August  23, 1892;  'proclaimed  August  26, 1892. 

Articles. 

I.  Commissions  to  survey  Alaskan  boundary. 

II.  Commission  to  mark  the  boundary  in  Passamaquoddy  Bay. 

III.  Ratification. 

The  United  States  of  America  and  Her  Majesty  the  Queen  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  being  equally  de- 
serious  to  provide  for  the  removal  of  all  possible  cause  of  difference 
between  their  respective  governments  hereafter  in  regard  to  the 
delimitation  of  the  existing  boundary  between  the  United  States  and 
Her  Majesty’s  possessions  in  North  America  in  respect  to  such  por- 
tions of  said  boundary  as  may  not  in  fact  have  been  permanently 
marked  in  virtue  of  treaties  heretofore  concluded;  have  resolved  to 
conclude  a Convention  in  furtherance  of  these  ends,  and  for  that 
purpose  have  appointed  as  their  respective  plenipotentiaries; 


764 


TREATIES,  CONVENTIONS,  ETC. 


The  President  of  the  United  States,  John  W.  Foster,  Secretary  of 
State  of  the  United  States,  and 

Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain 
and  Ireland,  The  Honorable  Michael  H.  Herbert,  Charge  d’Affaires 
ad  interim  of  Great  Britain, 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers,  which  were  found  to  be  in  due  and  proper  form,  have 
agreed  to  and  concluded  the  following  Articles : 

Article  I. 

The  High  Contracting  Parties  agree  that  a coincident  or  joint 
survey  (as  may  be  found  in  practice  most  convenient)  shall  be  made 
of  the  territory  adjacent  to  that  part  of  the  boundary  line  of  the 
United  States  of  America  and  the  Dominion  of  Canada  dividing  the 
Territory  of  Alaska  from  the  Province  of  British  Columbia  and  the 
Northwest  Territory  of  Canada,  from  the  latitude  of  54°  40'  North 
to  the  point  where  the  said  boundary  line  encounters  the  141®*^  degree 
of  longitude  westward  from  the  meridian  of  Greenwich,  by  Com- 
missions to  be  appointed  severally  by  the  High  Contracting  Parties, 
with  a view  to  the  ascertainment  of  the  facts  and  data  necessary  to 
the  permanent  delimitation  of  said  boundary  line  in  accordance  with 
the  spirit  and  intent  of  the  existing  treaties  in  regard  to  it  between 
Great  Britain  and  Kussia  and  between  the  United  States  and  Eussia. 

Application  will  be  made  without  delay  to  the  respective  legislative 
bodies  for  the  appropriations  necessary  for  the  prosecution  of  the 
survey,  and  the  Commissions  to  be  appointed  by  the  two  governments 
shall  meet  at  Ottawa  within  two  months  after  said  appropriation 
shall  have  been  made,  and  shall  proceed  as  soon  as  practicable  there 
after  to  the  active  discharge  of  their  duties. 

The  respective  Commissions  shall  complete  the  survey  and  submit 
their  final  reports  thereof  within  two  years  from  the  date  of  their  first 
meeting. 

The  Commissions  shall,  so  far  as  they  may  be  able  to  agree,  make  a 
joint  report  to  each  of  the  two  governments,  and  they  shall  also  re- 
port, either  jointly  or  severally,  to  each  government  on  any  points 
upon  which  they  may  be  unable  to  agree. 

Each  government  shall  pay  the  expenses  of  the  Commission  ap- 
pointed by  it. 

Each  government  engages  to  facilitate  in  every  possible  way  any 
operations  which,  in  pursuance  of  the  plan  to  be  agreed  upon  by  the 
Commisions,  may  be  conducted  within  its  territory  by  the  Commis- 
sion of  the  other. 

The  High  Contracting  Parties  agree  that,  as  soon  as  practicable 
after  the  report  or  reports  of  the  Commissions  shall  have  been  re- 
ceived, they  will  proceed  to  consider  and  establish  the  boundary  line 
in  question. 

Article  II. 

The  High  Contracting  Parties  agree  that  the  Governments  of  the 
United  States  and  of  Her  Britannic  Majesty  in  behalf  of  the  Domin- 
ion of  Canada  shall,  with  as  little  delay  as  possible,  appoint  two  Com- 
missioners, one  to  be  named  by  each  party,’  to  determine  upon  a 
method  of  more  accurately  marking  the  boundary  line  between  the 
two  countries  in  the  waters  of  Passamaquoddy  Bay  in  front  of  and 


GREAT  BRITAIN — ^1892-1894. 


765 


adjacent  to  Eastport,  in  the  State  of  Maine,  and  to  place  buoys  or  fix 
such  other  boundary  marks  as  they  may  determine  to  be  necessary. 

Each  government  shall  pay  the  expenses  of  its  own  Commissioner, 
and  cost  of  marking  the  boundary  in  such  manner  as  shall  be  deter- 
mined upon  shall  be  defrayed  by  the  High  Contracting  Parties  in 
equal  moieties. 

Article  III. 

The  present  Convention  shall  be  duly  ratified  by  the  President  of 
the  United  States  of  America,  by  and  with  the  advice  and  consent  of 
the  Senate  thereof,  and  by  Her  Britannic  Majesty;  and  the  ratifica- 
tions shall  be  exchanged  at  Washington  within  twelve  months  from 
the  date  hereof,  or  earlier  if  possible. 

In  faith  whereof  we,  the  respective  Plenipotentiaries,  have  signed 
this  Convention  and  have  hereunto  affixed  our  seals. 

Done  in  duplicate  at  Washington  the  22^  day  of  July  one  thou- 
sand eight  hundred  and  ninety -two. 

John  W.  Foster.  [seal.] 
Michael  H Herbert  [seal.] 


1894. 

Convention  Extending  the  Terms  of  the  Alaskan  Boundary 

Commissions. 

Concluded  February  3^  1891^;  ratification  advised  by  the  Senate  Feb- 
ruary 12,  ISOlf.;  ratified  by  the  President  February  16,  189.it.;  ratifi- 
cations exchanged  March  28, 189 It;  proclaimed  March  28, 189 1^. 

Articles. 

I.  Term  of  commissions  extended.  | II.  Ratification. 

The  Governments  of  the  United  States  of  America  and  of  Her 
Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain  and 
Ireland,  being  credibly  advised  that  the  labors  of  the  Commission 
organized  pursuant  to  the  Convention  which  was  concluded  between 
the  High  Contracting  Parties  at  Washington,  July  22,  1892,  pro- 
viding for  the  delimitation  of  the  existing  boundary  between  the 
United  States  and  Her  Majesty’s  possessions  in  North  America  in 
respect  to  such  portions  of  said  boundary  line  as  may  not  in  fact 
have  been  permanently  marked  in  virtue  of  treaties  heretofore  con- 
cluded, can  not  be  accomplished  within  the  period  of  two  years  from 
the  first  meeting  of  the  Commission  as  fixed  by  that  Convention, 
have  deemed  it  expedient  to  conclude  a supplementary  convention 
extending  the  term  for  a further  period  and  for  this  purpose  have 
named  as  their  respective  plenipotentiaries: 

The  President  of  the  United  States,  Walter  Q.  Gresham,  Secretary 
of  State  of  the  United  States,  and 
Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain  and 
Ireland,  His  Excellency  Sir  Julian  Pauncefote,  G.  C.  B.,  G.  C.  M.  G., 
Ambassador  Extraordinary  and  Plenipotentiary  of  Great  Britain; 

"Who,  after  having  communicated  to  each  other  their  respective  full 
powers  which  were  found  to  be  in  due  and  proper  form,  have  agreed 
upon  the  following  articles: 


766  TREATIES,  CONVENTIONS,  ETC. 

Article  I. 

The  third  paragraph  of  Article  I of  the  Convention  of  July  22, 
1892,  states  that  the  respective  Commissions  shall  complete  the  sur- 
vey and  submit  their  final  reports  thereof  within  two  years  from  the 
date  of  their  first  meeting.  iTe  Joint  Commissioners  held  their  first 
meeting  November  28,  1892;  hence  the  time  allowed  b}'  that  Conven- 
tion expires  November  28,  1894.  Believing  it  impossible  to  complete 
the  required  work  within  the  specified  period,  the  two  Governments 
hereby  mutually  agree  to  extend  the  time  to  December  31,  1895. 

Article  II. 

The  present  Convention  shall  be  duly  ratified  by  the  President  of 
the  United  States  of  America,  by  and  with  the  advice  and  consent  of 
the  Senate  thereof,  and  by  Her  Britannic  Majesty,  and  the  ratifica- 
tions shall  be  exchanged  at  Washington  at  the  earliest  practicable  date. 

In  faith  whereof  we,  the  respective  Plenipotentiaries,  have  signed 
this  Convention  and  have  hereunto  affixed  our  seals. 

Done  in  duplicate  at  Washington,  the  3"^  day  of  February,  one 
thousand  eight  hundred  and  ninety-four. 

[seal.]  W.  Q.  Gresham 

[seal.]  Julian.  Pauncefote 


1896. 


Convention  for  the  Settlement  of  Claims  Presented  bt  Great 
Britain  Against  the  United  States  in  Virtue  of  the  Conven- 
tion of  February  19,  1892. 

Concluded  February  8,  1896;  ratification  advised  by  the  Senate^  with 
amendments^  Ayndl  15,  1896 ; ratified  by  the  President  April  23, 
1896;  ratifications  exchanged  June  3,  1896;  proclaimed  June  11, 
1896. 

Akticles. 


I.  Reference  of  claims. 

II.  Commissioners;  meeting. 

III.  Examination;  determination. 

IV.  Secretary. 

V.  Failure  to  agree. 


VI.  Death  of  commissioner. 

VII.  Remuneration  of  commissioners. 
Vm.  Payment  of  award. 

IX.  Ratification. 


Whereas  by  a Treaty  between  the  United  States  of  America  and 
Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain  and 
Ireland,  signed  at  Washington  on  February  29,  1892,  the  questions 
which  had  arisen  between  their  respective  Governments  concerning 
the  jurisdictional  rights  of  the  United  States  in  the  waters  of  Beh- 
ring Sea,  and  concerning  also  the  preservation  of  the  fur-seal  in,  or 
habitually  resorting  to,  the  said  Sea,  and  the  rights  of  the  citizens 
and  subjects  of  either  country  as  regards  the  taking  of  fur-seal  in,  or 
habitually  resorting  to,  the  said  waters,  were  submitted  to  a Tribunal 
of  Arbitration  as  therein  constituted; 

And  whereas  the  High  Contracting  Parties  having  found  them- 
selves unable  to  agree  upon  a reference  which  should  include  the 
question  of  the  liability  of  each  for  the  injuries  alleged  to  have  been 
sustained  by  the  other,  or  by  its  citizens,  in  connection  with  the 
claims  presented  and  urged  by  it,  did,  by  Article  VIII  of  the  said 
Treaty,  agree  that  either  party  might  submit  to  the  Arbitrators  any 
questions  of  fact  involved  in  said  claims  and  ask  for  a finding 


GREAT  BRITAIN— 1896. 


767 


thereon,  the  question  of  the  liability  of  either  Government  on  the 
facts  found  to  be  the  subject  of  further  negotiation; 

And  whereas  the  Agent  of  Great  Britain  did,  in  accordance  with 
the  provisions  of  said  Article  VIII,  submit  to  the  Tribunal  of  Arbi- 
tration certain  findings  of  fact  which  were  agreed  to  as  proved  the 
Agent  of  the  United  States,  and  the  Arbitrators  did  unanimously 
find  the  facts  so  set  forth  to  be  true,  as  appears  by  the  Award  of  the 
Tribunal  rendered  on  the  15th  day  of  August,  1893 ; 

And  whereas  in  view  of  the  said  findings  of  fact  and  of  the  deci- 
sion of  the  Tribunal  of  Arbitration  concerning  the  jurisdictional 
rights  of  the  United  States  in  Behring  Sea  and  the  right  of  protec- 
tion or  property  of  the  United  States  in  the  fur-seals  frequenting 
the  islands  of  the  United  States  in  Behring  Sea,  the  Government  of 
the  United  States  is  desirous  that  in  so  far  as  its  liability  is  not 
already  fixed  and  determined  by  the  findings  of  fact  and  the  decision 
of  said  Tribunal  of  Arbitration,  the  question  of  such  liability  should 
be  definitely  and  fully  settled  and  determined,  and  compensation 
made,  for  any  injuries  for  which,  in  the  contemplation  of  the  Treaty 
aforesaid,  and  the  award  and  findings  of  the  Tribunal  of  Arbitration 
compensation  may  be  due  to  Great  Britain  from  the  United  States; 

And  whereas  it  is  claimed  by  Great  Britain,  though  not  admitted 
by  the  United  States,  that  prior  to  the  said  award  certain  other  claims 
against  the  United  States  accrued  in  favor  of  Great  Britain  on  ac- 
count of  seizures  of  or  interference  with  the  following  named  British 
sealing  vessels, — to  wit,  the  “ Wanderer,”  the  “ Winifred,”  the  “ Hen- 
rietta ” and  the  “ Oscar  and  Hattie,”  and  it  is  for  the  mutual  interest 
and  convenience  of  both  the  High  Contracting  Parties  that  the 
liability  of  the  United  States,  if  any,  and  the  amount  of  compensa- 
tion to  be  paid,  if  any,  in  respect  of  such  claims  and  each  of  them 
should  also  be  determined  under  the  provisions  of  this  Convention — 
all  claims  by  Great  Britain  under  Article  V of  the  Modus  Vivendi  of 
April  18,  1892,  for  the  abstention  from  fishing  of  British  sealers  dur- 
ing the  pendency  of  said  arbitration  having  been  definitely  waived 
before  the  Tribunal  of  Arbitration ; 

The  United  States  of  America  and  Her  Majesty  the  Queen  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  to  the  end  of 
concluding  a Convention  for  that  purpose,  have  appointed  as  their 
respective  Plenipotentiaries : 

The  President  of  the  United  States,  the  Honorable  Richard  Olney, 
Secretary  of  State;  and  Her  Majesty  the  Queen  of  the  United  King- 
dom of  Great  Britain  and  Ireland,  the  Right  Honorable  Sir  Julian 
Pauncefote,  G.  C.  B.,  G.  C.  M.  G.,  Her  Majesty’s  Ambassador  Ex- 
traordinary and  Plenipotentiary  to  the  United  States; 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers,  which  were  found  in  due  and  proper  form,  have  agreed  to 
and  concluded  the  following  Articles: 

Article  I, 

The  High  Contracting  Parties  agree  that  all  claims  on  account  of 
injuries  sustained  by  persons  in  whose  behalf  Gieat  Britain  is  en- 
titled to  claim  compensation  from  the  United  States  and  arising  by 
virtue  of  the  Treaty  aforesaid,  the  award  and  the  findings  of  the  said 
Tribunal  of  Arbitration,  as  also  the  additional  claims  specified  in  the 


768 


TREATIES,  CONVENTIONS,  ETC. 


5th  paragraph  of  the  preamble  hereto,  shall  be  referred  to  two  Com- 
missioners, one  of  whom  shall  be  appointed  by  the  President  of  the 
United  States,  and  the  other  by  her  Britannic  Majesty,  and  each  ot 
whom  shall  be  learned  in  the  law.  Appended  to  this  Convention  is 
a list  of  the  claims  intended  to  be  referred. 

Article  II. 

The  two  Commissioners  shall  meet  at  Victoria,  in  the  Province  of 
British  Columbia,  Canada,  as  soon  as  practicable  after  the  exchange 
of  the  ratifications  of  this  Convention,  and,  after  taking  an  oath  that 
they  will  fairly  and  impartially  investigate  the  claims  referred  to 
them  and  render  a just  decision  thereon,  they  shall  proceed  jointly 
to  the  discharge  of  their  duties. 

The  Commission  shall  also  sit  at  San  Francisco,  California,  as  well 
as  Victoria,  provided  either  Commissioner  shall  so  request  if  he  shall 
be  of  opinion  that  the  interests  of  justice  shall  so  require,  for  reasons 
to  be  recorded  on  the  minutes. 

Article  III. 

The  said  Commissioners  shall  determine  the  liability  of  the  United 
States,  if  any,  in  respect  of  each  claim  and  assess  the  amount  of  com- 
pensation, if  any,  to  be  paid  on  account  thereof — so  far  as  they  shall 
be  able  to  agree  thereon — and  their  decision  shall  be  accepted  by  the 
two  Governments  as  final. 

They  shall  be  authorized  to  hear  and  examine,  on  oath  or  affirma- 
tion, which  each  of  said  Commissioners  is  hereby  empowered  to  ad- 
minister or  receive,  every  question  of  fact  not  found  by  the  Tribunal 
of  Arbitration,  and  to  receive  all  suitable  authentic  testimony  con- 
cerning the  same;  and  the  Government  of  the  United  States  shall 
have  the  right  to  raise  the  question  of  its  liability  before  the  Commis- 
sioners in  any  case  where  it  shall  be  proved  that  the  vessel  was  wholly 
or  in  part  the  actual  property  of  a citizen  of  the  United  States. 

The  said  Commission,  when  sitting  at  San  Francisco  or  Victoria, 
shall  have  and  exercise  all  such  powers  for  the  procurement  or  en- 
forcement of  testimony  as  may  hereafter  be  provided  by  appropriate 
legislation. 

Article  IV. 

The  Commissioners  may  appoint  a Secretary  and  a clerk  or  clerks 
to  assist  them  in  the  transaction  of  the  business  of  the  Commission. 

Article  V. 

In  the  cases,  if  any,  in  which  the  Commissioners  shall  fail  to  agree, 
they  shall  transmit  to  each  Government  a joint  report  stating  in  de- 
tail the  points  on  which  they  differ,  and  the  grounds  on  which  their 
opinions  have  been  formed ; and  any  such  difference  shall  be  referred 
for  final  adjustment  to  an  Umpire  to  be  appointed  by  the  two  Gov- 
ernments jointly,  or,  in  case  of  disagreement,  to  be  nominated  by  the 
President  of  the  Swiss  Confederation  at  the  request  of  the  two  Gov- 
ernments. 

Article  VI. 

In  case  of  the  death,  or  incapacity  to  serve,  from  sickness  or  any 
other  cause,  of  either  of  the  two  Commissioners,  or  of  the  Umpire,  if 
any,  his  place  shall  be  filled  in  the  manner  herein  provided  for  the 
original  appointment. 


GKEAT  BRITAIN 1896. 


769 


Article  VII. 

Each  Government  shall  provide  for  the  remuneration  of  the  Com- 
missioner appointed  by  it. 

The  remuneration  of  the  Umpire,  if  one  should  be  appointed,  and 
all  contingent  and  incidental  expenses  of  the  Commission,  or  of  the 
Umpire,  shall  be  defrayed  by  the  two  Governments  in  equal  moieties. 

Article  VIII. 

The  amount  awarded  to  Great  Britain  under  this  Convention  on 
account  of  any  claimant  shall  be  paid  by  the  Government  of  the 
United  States  to  the  Government  of  Her  Britannic  Majesty  within 
six  months  after  the  amount  thereof  shall  have  been  finally 
ascertained. 

Article  IX. 

The  present  convention  shall  be  duly  ratified  by  the  President  of 
the  United  States  of  America,  by  and  with  the  advice  and  consent  of 
the  Senate  thereof,  and  by  Her  Britannic  Majesty;  and  the  ratifica- 
tions shall  be  exchanged  either  at  Washington  or  at  London  within 
six  months  from  the  date  hereof,  or  earlier,  if  possible. 

In  faith  whereof,  we,  the  respective  Plenipotentiaries,  have  signed 
this  Convention  and  have  hereunto  affixed  our  seals. 

Done  in  duplicate  at  Washington,  the  eighth  day  of  February,  1896. 

Eichard  Olney  [seal] 

Julian  Pauncefote  [seal] 

Appendix  of  Claims. 

Claims  submitted  to  the  Tribunal  of  Arbitration  at  Paris. 


Name  oi  vessel. 

Date  of  seiz- 
ure. 

Approximate  distance  from  land  when 
seized. 

United 
States  ves- 
sel making 
seizure. 

Carolina 

Aug.  1,1886 
Aug.  1,1886 
Aug.  2, 1886 
Aug.  2, 1886 

75  miles 

Thornton 

70  miles 

115  miles 

Favorite 

Warned  by  Corwin  in  about  same  position  as 

Onward. 

Anna  Beck ‘ 

July  2, 1887 
July  9,1887 
July  12,1887 
July  17,1887 
Aug.  10,1887 
Aug.  25,1887 
Aug.  4, 1887 

66  miles 

59  miles 

Dolphin  

40  miles 

Grace 

96  miles 

Alfred  Adams 

62  miles 

Ada 

15  miles 

Bear. 

Triumph 

Warned  by  Rush  not  to  enter  Behring  Sea. 

Juanita 

July  31,1889 
July  29,1889 
July  11,1889 

66  miles 

Pathfinder 

Push 

Triumph 

Ordered  out  of  Behring  Sea  by  Rush— Query  as  to  position 

Black  Diamond 

July  11,1889 
Aug.  6, 1889 
July  30,1889 
Aug.  13,1889 
July  15,1889 
Mar.  27,1890 

when  warned. 

35  miles 

Lily 

66  miles 

Ariel 

Kate 

Ordered  out  of  Behring  Sea  by  Rush. 

Minnie 

65  miles 

Pathfinder 

Corwin. 

Personal  Claims 1886. 

Personal  Claims 1887. 


Costs  in  Sayward  Case. 

ADDITIONAL  CLAIMS. 


Wanderer 1887-89. 

Winifred 1891. 

Henrietta 1892. 

Oscar  and  Hattie 1892. 


24449— VOL  1—10 49 


770 


TREATIES,  CONVENTIONS,  ETC. 


The  commissioners  under  the  foregoing  convention,  on  Dec.  17, 
1897  rendered  an  award  of  $473,151.26  against  the  United  States. 


1898. 

Protocol  of  the  Conferences  at  Washington  in  May,  1898, 

Preliminary  to  the  Appointment  of  a Joint  Commission  for 

THE  Adjustment  of  Questions  at  Issue  between  the  United 

States  and  Great  Britain,  in  respect  to  the  Relations  of  the 

Former  with  the  Dominion  of  Canada. 

At  the  first  meeting  of  the  conferees,  held  on  the  25th  day  of  May, 
were  present : 

On  the  part  of  Great  Britain,  His  Excellency  The  Right  Honorable 
Sir  Julian  Pauncefote,  G.  C.  B.,  G.  C.  M.  G.,  Her  Britannic  Majesty’s 
ambassador  at  Washington,  etc.,  and  the  Honorable  Sir  Louis  Davies, 
K.  C.  M.  G.,  minister  of  marine  and  fisheries  of  the  Dominion  of 
Canada;  and 

On  the  part  of  the  United  States,  the  Honorable  John  W.  Foster, 
late  Secretary  of  State  of  the  United  States,  etc.,  and  the  Honorable 
John  A.  Kasson,  special  commissioner  plenipotentiary,  etc. 

At  this  meeting  the  conferees  considered  and  adojited  the  following 
declaration : 

There  is  concurrence  of  views  on  both  sides  upon  the  following 
points : 

I. 

It  is  desirable  that  all  controversies  between  the  United  States  and 
Great  Britain  in  respect  to  the  Dominion  of  Canada  should  be 
amicably  settled,  to  the  end  that  their  intercourse  shall  be  established 
and  maintained  on  the  principles  of  a cordial  friendship  between 
coterminous  neighbors. 

II- 

To  accomplish  this  result  it  is  expedient  that  each  should  communi- 
cate to  the  other,  in  outline,  the  modification  of  existing  conditions, 
the  concessions  or  adjustments  which  it  believes  ought  to  be  made  for 
the  removal  of  grievances  and  for  the  improvement  of  its  commercial 
or  international  relations  with  the  other. 

III. 

That  for  the  final  consideration  and  adjustment  of  the  questions 

so  presented  a joint  commission,  to  consist  of  members,  to  be 

appointed  by  each  of  the  Governments,  should  be  created  with  pleni- 
potentiary powers,  whose  conclusions  shall  be  presented  in  the  form 
of  a convention  or  conventions  between  the  two  Governments. 

IV. 

In  the  meantime  it  is  expedient  that  informal  'pour  parlors  should 
proceed,  with  a view  to  formulate  the  propositions  to  serve  as  bases 


GREAT  BRITAIN 1898. 


771 


for  the  consideration  and  determination  of  the  commission  to  be 
appointed  as  above  suggested. 

At  the  second  meeting,  held  on  the  26th  day  of  May,  the  same  con- 
ferees being  present,  the  subjects  which  should  be  presented  for  the 
consideration  and  action  of  the  projiosed  joint  commission  were  pre- 
sented and  discussed.  The  number  of  members  of  which  the  commis- 
sion should  consist,  and  the  place  where  the  sessions  of  the  commission 
should  be  held,  were  also  considered. 

The  conferees  on  the  part  of  the  United  States  expressed  their 
desire  to  consult  the  wishes  of  the  Canadian  government  in  respect 
to  the  place  of  meeting  of  the  commission,  and  would  not  object  to  a 
convenient  point  in  Canada,  if  this  should  be  more  agreeable  to  that 
government. 

They  further  expressed  the  opinion  that  in  view  of  the  number  and 
character  of  the  questions  before  the  commission,  it  should  be  com- 
posed of  five  representatives  of  each  government. 

The  conferees  on  the  part  of  Great  Britain  were  apiirehensive  that 
so  large  a number  might  be  conducive  to  debate  and  delay  rather  than 
to  deliberation  and  decision. 

Without  concluding  the  consideration  of  the  foregoing  subjects,  the 
meeting  was  adjourned  until  Friday,  the  27th. 

At  the  third  meeting,  held  on  Friday,  May  27,  the  same  conferees 
being  present,  the  subjects  d-iscussed  at  the  previous  meeting  were 
again  under  consideration,  and  the  following  statement  of  the  subjects 
to  be  presented  for  the  action  of  the  joint  commission  Avas  agreed 
upon  : 

In  order  to  attain  a complete  concord  in  the  relations  between  the 
United  States  and  the  Dominion  of  Canada,  it  is  expedient  to  come  to 
an  agreement  upon  the  following  subjects: 

First.  The  questions  in  respect  to  the  fur  seals  in  Bering  Sea  and 
the  waters  of  the  North  Pacific  Ocean. 

Second.  Provisions  in  respect  to  the  fisheries  off  the  Atlantic  and 
Pacific  coasts  and  in  the  inland  waters  of  their  common  frontier. 

Third.  Provisions  for  the  delimitation  and  establishment  of  the 
Alaska-Canadian  boundary  by  legal  and  scientific  experts  if  the  com- 
mission shall  so  decide,  or  otherwise. 

Fourth.  Provisions  for  the  transit  of  merchandise  in  transportation 
to  or  from  either  country  across  intermediate  territory  of  the  other, 
whether  by  land  or  water,  including  natural  and  artificial  waterways 
and  intermediate  transit  by  sea. 

Fifth.  Provisions  relating  to  the  transit  of  merchandise  from  one 
country  to  be  delivered  at  points  in  the  other  beyond  the  frontier. 

Sixth.  The  question  of  the  alien-labor  laws  applicable  to  the  sub- 
jects or  citizens  of  the  United  States  and  of  Canada. 

Seventh.  Mining  rights  of  the  citizens  or  subjects  of  each  country 
within  the  territory  of  the  other. 

Eighth.  Such  readjustment  and  concessions  as  may  be  deemed 
mutually  advantageous,  of  customs  duties  applicable  in  each  country 
to  the  products  of  the  soil  or  industry  of  the  other,  upon  the  basis  of 
reciprocal  equivalents. 

Ninth.  A revision  of  the  agreement  of  1817  respecting  naval  vessels 
on  the  Lakes. 


772 


TREATIES,  CONVENTIONS,  ETC. 


Tenth.  Arrangements  for  the  more  complete  definition  and  marking 
of  any  part  of  the  frontier  line,  by  land  or  water,  where  the  same  is 
now  so  insufficiently  defined  or  marked  as  to  be  liable  to  dispute. 

Eleventh.  Provisions  for  the  conveyance  for  trial  or  punishment  of 
persons  in  the  lawful  custody  of  the  officers  of  one  country  through 
the  territory  of  the  other. 

Any  other  unsettled  difference  not  included  in  the  foregoing  specifi- 
cations may  be  considered  and  acted  upon  by  mutual  agreement  of  the 
commissioners  representing  the  two  Governments. 

It  was  also  understood  that,  so  far  as  j^racticable  and  in  accordance 
with  the  second  paragraph  of  the  declaration  adopted  at  the  first  meet- 
ing, each  Government  should  communicate  to  the  other  in  advance  of 
the  meeting  of  the  commission  a memorandum  of  its  views  on  each  of 
the  aforesaid  subjects. 

There  was  also  a concurrence  of  opinion  that  each  Government 
should  defray  the  expenses  of  its  own  commissioners,  and  that  any 
joint  expenses  incurred  by  order  of  the  joint  commission,  and  so  certi- 
fied, should  be  paid  in  equal  moieties  by  the  respective  Governments. 

And  that  the  joint  commission,  when  assembled,  should  be  author- 
ized to  determine  from  time  to  time,  in  its  discretion,  the  dates  and 
places  of  its  sessions. 

The  meeting  was  then  adjourned  until  Saturday,  the  28th. 

At  the  fourth  meeting,  held  on  Saturday,  May  28,  the  same  con- 
ferees being  present,  upon  the  suggestion  of  Sir  Louis  Davies,  the 
third  clause  in  the  statement  of  subjects  to  be  submitted  to  the  pro- 
posed commission,  and  relating  to  the  Alaska-Canadian  boundary, 
was  amended  by  adding  the  following  words  at  the  end  thereof : “ by 
legal  and  scientific  experts,  if  the  commission  shall  so  decide,  or 
otherwise.” 

In  that  connection  it  was  remarked  by  the  conferees  on  the  part  of 
the  United  States  that  in  their  opinion  the  power  of  the  commission 
to  consider  this  method  of  adjustment  already  existed  in  the  former 
terms,  and  that  this  addition  neither  enlarged  nor  restricted  the 
powers  already  granted.  They  had,  therefore,  no  objection  to  the 
amendment. 

It  was  further  agreed  that  each  Government  would  have  the  power 
at  any  time  after  the  appointment  of  its  commissioners  to  fill  any 
vacancy  in  its  representation  arising  from  any  cause. 

The  British  conferees  desiring  time  to  consult  their  Government 
touching  the  number  of  commissioners,  and  the  time  and  place  for  the 
first  meeting  of  the  joint  commission,  it  was  agreed  that  these  points 
should  be  settled  by  subsequent  correspondence  between  the  two 
Governments. 

In  the  meantime  the  conferees  of  the  United  States  concurred  in  the 
suggestion  of  the  British  conferees  that  Quebec  might  be  named  as  a 
suitable  city  for  the  assembling  of  the  commission. 

The  conference  then  adjourned  until  Monday,  Alay  30. 

At  the  fifth  meeting,  held  on  Monday,  May  30,  the  same  conferees 
being  present,  Sir  Louis  Davies  renewed  the  question  which  had  been 
mentioned  at  the  meeting  on  Saturday  of  submitting  to  the  proposed 


GREAT  BRITAIN 1898. 


773 


commission  the  subject  of  reciprocity  in  wrecking  and  salvage  rights 
and  in  the  coasting  trade,  and  urged,  in  accordance  with  instructions 
from  the  Canadian  government,  that  they  should  be  specifically  re- 
ferred for  consideration  to  the  proposed  commission. 

In  reply,  it  was  stated  by  the  conferees  on  the  part  of  the  United 
States  that  in  respect  to  wrecking  they  regarded  that  question  as  an 
“ unsettled  difference,”  which  had  been  already  discussed  between 
the  two  Governments,  and  that  it  could  properly  come  before  the 
commission. 

Thereupon  it  was  distinctly  understood  by  the  conferees  that  the 
question  of  reciprocity  in  wrecking  and  salvage  rights  should  be  sub- 
mitted to  the  proposed  joint  commission. 

In  resiiect  to  the  coasting  trade,  the  conferees  on  the  part  of  the 
United  States  observed  that  this  could  hardly  be  considered  a ques- 
tion in  difference  between  the  two  Governments.  Under  existing  in- 
structions from  their  Government  they  did  not  feel  at  liberty  to  in- 
clude it  within  the  jurisdiction  conferred  upon  the  joint  commission. 

Having  concluded  the  subjects  before  them  for  consideration,  the 
conference  then  adjourned  without  date. 

In  verification  of  the  foregoing  protocol  of  their  proceedings  and 
conclusions,  the  conferees  aforesaid  have  hereunto  affixed  their  names 
in  duplicate  this  30th  day  of  May,  1898,  under  reserve  of  the  approval 
of  their  respective  Governments. 

John  A.  Kasson.  John  W.  Foster. 

Julian  Pauncefote.  L.  H.  Davies. 


Pursuant  to  the  above  protocol,  the  following  commissioners  were  appointed, 
namely,  Messrs.  Charles  W.  Fairbanks,  George  Gray,  Nelson  Dingley,  John  W. 
Foster,  John  A.  Kasson,  T.  Jefferson  Coolidge,  and  Charles  J.  Faulkner  ® on  the 
part  of  the  United  States;  and  Baron  Herschell,  Sir  Wilfred  Laurier,  Sir  Rich- 
ard Cartwright,  Sir  Louis  Davies,  Hon.  John  Charlton,  and  Hon.  James  Winter, 
on  the  part  of  Great  Britain. 

The  convention  met  at  Quebec,  August  23,  1898. 

President  McKinley,  in  his  annual  message  of  1899,  said,  “ Much  progress  had 
been  made  by  the  commission  toward  the  adjustment  of  many  of  these  questions, 
when  it  became  apparent  that  an  irreconcilable  difference  of  views  was  enter- 
tained respecting  the  delimitations  of  the  Alaskan  boundary.  In  the  failure  of 
an  agreement  ^is  to  the  meaning  of  articles  3 and  4 of  the  treaty  of  1825  be- 
tween Russia  and  Great  Britain,  which  defined  the  boundary  between  Alaska 
and  Canada,  the  American  commissioners  proposed  that  the  subject  of  the 
boundary  be  laid  aside  and  that  the  remaining  questions  of  difference  be  pro- 
ceeded with,  some  of  which  were  so  far  advanced  as  to  assure  the  probability 
of  a settlement.  This  being  declined,  by  the  British  commissioner,  an  adjourn- 
ment was  taken  until  the  boundary  should  be  adjusted  by  the  two  Gov 
ernments.” 


Appointed  to  fill  the  vacancy  created  by  the  resignation  of  Hon.  George  Gray. 


774 


TREATIES,  CONVENTIONS,  ETC. 


1899.“ 

Convention  as  to  Tenure  and  Disposition  of  Real  and  Personal 

Property. 

Concluded  March  2,  1899 ; ratification  advised  hy  the  Senate  March 
22,  1900;  ratified  hy  the  President  July  16,  1900;  ratifications  ex- 
changed July  28,  1900;  froclaimed  August  6,  1900. 

Articles. 


I.  Disposition  of  real  property. 

II.  Disposition  of  personal  property. 

III.  Decease  of  property  holder. 

IV.  Not  applicable  to  colonies  or  pos- 

sessions. 


V.  Most-favored-nation  treatment. 

VI.  Duration. 

VII.  Ratification. 

Accession  of  Colonies  of  Great  Britain 
to  convention. 


The  United  States  of  America  and  Her  Majesty  the  Queen  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  desiring  to  improve 
the  condition  of  the  citizens  and  subjects  of  each  of  the  respective 
countries  in  relation  to  the  tenure  and  disposition  of  real  and  per- 
sonal property  situated  or  being  within  the  territories  of  the  other, 
as  well  as  to  authorize  the  representation  of  deceased  persons  by  the 
Consuls  of  their  respective  nations  in  the  settlement  of  estates,  have 
resolved  to  conclude  a convention  for  those  purposes  and  have  named 
as  their  plenipotentiaries: 

The  President  of  the  United  States  of  America,  the  Honorable 
John  Hay,  Secretary  of  State  of  the  United  States  of  America ; and 
Her -Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain  and 
Ireland,  the  Right  Honorable  Sir  Julian  Pauncefote,  Knight  Grand 
Cross  of  the  Order  of  the  Bath  and  of  St.  Michael  and  St.  George. 
Ambassador  Extraordinary  and  Plenipotentiary  of  Great  Britain; 

Who,  having  exchanged  their  said  full  powers,  found  in  due  and 
proper  form,  have  agreed  to  and  signed  the  following  articles : 


Article  I. 


Where,  on  the  death  of  any  person  holding  real  property  (or  prop- 
erty not  personal),  within  the  territories  of  one  of  the  Contracting 
Parties,  such  real  property  would,  by  the  laws  of  the  land,  pass  to  a 
citizen  or  subject  of  the  other,  were  he  not  disqualified  by  the  laws 
of  the  country  where  such  real  property  is  situated,  such  citizen  or 
subject  shall  be  allowed  a term  of  three  years  in  wliich  to  sell  the  same, 
this  term  to  be  reasonably  prolonged  if  circumstances  render  it  nec- 
essary, and  to  withdraw  the  proceeds  thereof,  without  restraint  or 
interference,  and  exempt  from  any  succession,  probate  or  adminis- 
trative duties  or  charges  other  than  those  which  may  be  imposed  in 
like  cases  upon  the  citizens  or  subjects  of  the  country  from  which 
such  proceeds  may  be  drawn. 

Article  II. 


The  citizens  or  subjects  of  each  of  the  Contracting  Parties  shall 
have  full  power  to  dispose  of  their  personal  property  within  the  ter- 
ritories of  the  other,  by  testament,  donation,  or  othei’wise;  and  their 


See  Supplementary  Convention,  page  776. 


GREAT  BRITAIN 1899. 


775 


heirs,  legatees,  and  donees,  being  citizens  or  subjects  of  the  other 
Contracting  Party,  whether  resident  or  non-resident,  shall  succeed 
to  their  said  personal  property,  and  may  take  possession  thereof 
either  by  themselves  or  by  others  acting  for  them,  and  dispose  of 
the  same  at  their  pleasure,  paying  such  duties  only  as  the  citizens 
or  subjects  of  the  country  where  the  property  lies  shall  be  liable  to 
pay  in  like  cases. 

Article  III. 

In  case  of  the  death  of  any  citizen  of  the  United  States  of  America 
in  the  United  Kingdom  of  Great  Britain  and  Ireland,  or  of  any  sub- 
ject of  Her  Britannic  Majesty  in  the  United  States,  without  having 
in  the  country  of  his  decease  any  known  heirs  or  testamentary  ex- 
ecutors by  him  appointed,  the  competent  local  authoi’ities  shall  at 
once  inform  the  nearest  consular  officer  of  the  Nation  to  which  the 
deceased  person  belonged  of  the  circumstance,  in  order  that  the 
necessary  information  may  be  immediately  forwarded  to  persons 
interested. 

The  said  consular  officer  shall  have  the  right  to  appear  personally 
01’  by  delegate  in  all  proceedings  on  behalf  of  the  absent  heirs  or 
creditors,  until  they  are  otherwise  represented. 

Article  IV. 

The  stipulations  of  the  present  Convention  shall  not  be  applicable 
to  any  of  the  Colonies  or  foreign  possessions  of  Her  Britannic  Maj- 
esty unless  notice  to  that  effect  shall  have  been  given,  on  behalf  of 
any  such  Colony  or  foreign  possession  by  Her  Britannic  Majesty’s 
Kepresentative  at  Washington  to  the  United  States  Secretary  of 
State,  within  one  year  from  the  date  of  the  exchange  of  the  ratifica- 
tions of  the  present  Convention. 

It  is  understood  that  under  the  provisions  of  this  Article,  Her 
Majesty  can  in  the  same  manner  give  notice  of  adhesion  on  behalf 
of  any  British  Protectorate  or  sphere  of  influence,  or  on  behalf  of 
the  Island  of  Cyprus,  in  virtue  of  the  Convention  of  the  4th  of  June, 
1878,  between  Great  Britain  and  Turkey. 

The  provisions  of  this  Convention  shall  extend  and  apply  to  any 
territory  or  territories  pertaining  to  or  occupied  and  governed  by  the 
United  States  beyond  the  seas,  only  upon  notice  to  that  effect  being 
given  by  the  Kepresentative  of  the  United  States  at  London,  by  direc- 
tion of  the  treaty  making  power  of  the  United  States. 

Article  V. 

In  all  that  concerns  the  right  of  disposing  of  every  kind  of  prop- 
erty, real  or  personal,  citizens  or  subjects  of  each  of  the  High  Con- 
tracting Parties  shall  in  the  Dominions  of  the  other  enjoy  the  rights 
which  are  or  may  be  accorded  to  the  citizens  or  subjects  of  the  most 
favored  nation. 

Article  VT. 

I'he  present  Convention  shall  come  into  effect  ten  days  after  the 
day  upon  which  the  ratifications  are  exchanged,  and  shall  remain  in 


776 


TREATIES,  CONVENTIONS,  ETC. 


force  for  ten  years  after  such  exchange.  In  case  neither-  of  the  High 
Contracting  Parties  shall  have  given  notice  to  the  other,  twelve 
months  before  the  expiration  of  the  said  period  of  ten  years,  of  the 
intention  to  terminate  the  present  Convention,  it  shall  remain  in  force 
until  the  expiration  of  one  year  from  the  day  on  which  either  of  the 
High  Contracting  Parties  shall  have  given  such  notice. 

The  United  States  or  Her  Britannic  Majesty  shall  also  have  the 
right  separately  to  terminate  the  present  Convention  at  any  time  on 
giving  twelve  months’  notice  to  that  effect  in  regard  to  any  British 
Colony,  foreign  possession,  or  dependency,  as  specified  in  Article  IV, 
which  may  have  acceded  thereto. 

Article  VII. 

The  present  Convention  shall  be  duly  ratified  by  the  President  of 
the  United  States,  by  and  with  the  approval  of  the  Senate  thereof, 
and  by  Her  Britannic  Majesty,  and  the  ratifications  shall  be  ex- 
changed in  London  or  in  Washington. 

In  faith  whereof,  we  the  respective  Plenipotentiaries,  have  signed 
this  Treaty  and  have  hereunto  affixed  our  seals. 

Done  in  duplicate  at  Washington,  the  second  day  of  March,  one 
thousand  eight  hundred  and  ninety-nine. 

John  Hay  [seal.] 

Julian  Pauncefote  [seal.] 


1902. 

Supplementary  Convention  as  to  Tenure  and  Disposition  of 
Real  and  Personal  Property. 

C oncluded  Janvary  13^  1902;  rati-fication  advised  hy  Senate  February 
17,  1902;  ratified  hy  the  President  March  7,  1902;  ratifications 
exchanged  April  2,  1902;  proclaimed  April  2,  1902. 

The  United  States  of  America  and  His  Majesty  the  King  of  the 
United  Kingdom  of  Great  Britain  and  Ireland  and  of  the  British 
Dominions  beyond  the  Seas,  Emperor  of  India,  finding  it  expedient 
to  prolong  for  a period  of  twelve  months  the  time  fixed  by  Article 
IV  of  the  Convention  relative  to  the  disposal  of  real  and  personal 
projierty,  signed  at  Washington  on  the  2nd  day  of  March,  1899,  for 
the  notification  of  their  accession  to  that  Convention  by  His  Britan- 
nic Majesty’s  Colonies  or  Foreign  Possessions,  have  agreed  to  con- 
clude an  additional  Convention  for  that  purpose,  and  have  named  as 
their  plenijiotentiaries : 

The  President  of  the  United  States  of  America,  the  Honorable 
John  Hay,  Secretary  of  State  of  the  United  States  of  America ; and 
His  Majesty  the  King  of  Great  Britain  and  Ireland,  and  of  the 
British  Dominions  beyond  the  Seas,  Emperor  of  India,  The  Right 
Honorable  Lord  Pauncefote,  of  Preston,  G.  C.  B.,  G.  C.  M.  G.,  His 
Majesty’s  Ambassador  Extraordinary  and  Plenipotentiary  to  the 
United  States;  who,  having  communicated  to  each  other  their  Full 
Powers,  which  were  found  to  be  in  due  and  proper  form,  have  agi'eed 
upon  the  following  sole  Article: 


GKEAT  BRITAIN — 1902-1899.  ' 


777 


SOLE  ARTICLE. 

It  is  agreed  that  the  time  fixed  in  Article  IV  of  the  said  Con- 
vention, within  which  the  accessions  thereto  of  His  Britannic 
Majesty’s  Colonies  or  Foreign  Possessions  shall  be  notified,  shall  be 
prolonged  for  a period  of  twelve  months  from  July  28th  1901. 

In  faith  whereof  the  respective  plenipotentiaries  have  signed  this 
Convention  and  hereunto  affixed  their  seals. 

Done  in  duplicate  at  Washington,  the  13th  day  of  January,  in  the 
year  of  Our  Lord  one  thousand  nine  hundred  and  two. 

John  Hay  [seal.] 
Pauncefote  [seal.] 


[note  by  the  department  of  state.] 


The  following  British  colonies  and  possessions  have  acceded  to  the  Convention 
between  the  United  States  and  Great  Britain  of  March  2,  1899,  relating  to  the 
tenure  and  disposition  of  real  and  personal  property : 


Cape, 

Fiji, 

Jamaica, 
Bahamas, 
Trinidad, 
Barbados. 
Newfoundland, 
New'  Zealand, 
Leeward  Islands, 
Northern  Nigeria, 
South  Nigeria, 

St.  Vincent, 

St.  Lucia, 


Falkland  Islands, 
St.  Helena, 

Sierra  Leone, 
Gambia, 

Labuan, 

Mauritius, 

Gold  Coast  Colony, 
South  Rhodesia, 
Australia, 

Cyprus, 

Ceylon, 

Hongkong, 

Straits  Settlements, 


British  Honduras, 

Grenada, 

North  Borneo, 

British  Guiana, 

Bermuda, 

Lagos, 

British  New  Guinea, 

India,  including  the  Native 
States, 

Transvaal, 

Orange  River  Colony, 
Basutoland  and  Bechuana- 
land  protectorates. 


1899. 

Modus  vevendi  with  Great  Britain,  fixing  a provisional  bound- 
ary LINE  BETWEEN  THE  TERRITORY  OF  AlASKA  AND  THE  DOMINION 

OF  Canada  about  the  head  of  Lynn  Canal. 

Concluded  October  20,  1899. 

It  is  hereby  agreed  between  the  Governments  of  the  United  States 
and  of  Great  Britain  that  the  boundary  line  between  Canada  and  the 
territory  of  Alaska  in  the  region  about  the  head  of  Lynn  Canal  shall 
be  provisionally  fixed  as  follows  without  prejudice  to  the  claims  of 
either  party  in  the  permanent  adjustment  of  the  international 
boundary : 

In  the  region  of  the  Dalton  Trail,  a line  beginning  at  the  peak 
West  of  Porcupine  Creek,  marked  on  the  map  No.  10  of  the  United 
States  Commission,  December  31,  1895,  and  on  Sheet  No.  18  of  the 
British  Commission,  December  3T,  1895,  with  the  number  6500; 
thence  ruiming  to  the  Klehini  (or  Klaheela)  River  in  the  direction 
of  the  Peak  north  of  that  river,  marked  5020  on  the  aforesaid  United 
States  map  and  5025  on  the  aforesaid  British  map ; thence  follow- 
ing the  high  or  right  bank  of  the  said  Klehini  river  to  the  junction 


778 


TREATIES,  CONVENTIONS,  ETC. 


thereof  with  the  Chilkat  Eiver,  a mile  and  a half,  more  or  less,  north 
of  Kliikwan, — provided  that  persons  proceeding  to  or  from  Porcu- 
pine Creek  shall  be  freely  permitted  to  follow  the  trail  between  the 
said  creek  and  the  said  junction  of  the  rivers,  into  and  across  the 
territory  on  the  Canadian  side  of  the  temporary  line  wherever  the 
trail  crosses  to  such  side,  and,  subject  to  such  reasonable  regulations 
for  the  protection  of  the  Revenue  as  the  Canadian  Government  may 
prescribe,  to  carry  with  them  over  such  part  or  parts  of  the  trail 
between  the  said  points  as  may  lie  on  the  Canadian  side  of  the  tem- 
porary line,  such  goods  and  articles  as  they  desire,  without  being 
required  to  pay  any  customs  duties  on  such  goods  and  articles;  and 
from  said  junction  to  the  summit  of  the  peak  East  of  the  Chilkat 
river,  marked  on  the  aforesaid  map  No.  10  of  the  United  States 
Commission  with  the  number  5410  and  on  the  map  No.  17  of  the 
aforesaid  British  Commission  with  the  number  5490. 

On  the  Dyea  and  Skagway  Trails,  the  summits  of  the  Chilcoot 
and  White  Passes. 

It  is  understood,  as  formerly  set  forth  in  communications  of  the 
Department  of  State  of  the  United  States,  that  the  citizens  or  sub- 
jects of  either  Power,  found  by  this  arrangement  within  the  tempo- 
rary jurisdiction  of  the  other,  shall  suffer  no  diminution  of  the 
rights  and  privileges  which  they  now  enjoy. 

The  Government  of  the  United  States  will  at  once  appoint  an 
officer  or  officers  in  conjunction  with  an  officer  or  officers  to  be  named 
by  the  Government  of  Her  Britannic  Majesty,  to  mark  the  tempo- 
rary line  agreed  upon  by  the  erection  of  posts,  stakes,  or  other  appro- 
priate temporary  marks. 


1899. 

Agreement  by  Exchange  or  Notes  with  Great  Britain  for  the 
Protection  of  Trade-Marks  in  Morocco. 

C oncluded  December  6,  1899. 

Tangier,  October  9,  1895. 

Dr.  J.  J.  Barclay, 

U.  S.  Consul-Geyieral,  Tangier. 

Sir;  The  question  of  trade  marks  protection  has,  as  you  are  aware, 
formed  the  subject  of  some  correspondence  between  Her  Majesty’s 
Legation  and  yourself,  and  as  the  matter  has  again  been  referred  to 
in  a recent  despatch,  I have  received  from  my  Government,  I should 
feel  much  obliged  if  you  would  kindly  inform  me  whether  you  would 
be  disposed  to  enter  into  a similar  reciprocal  arrangement  as  that  con- 
cluded between  the  French  and  this  Legation.  I beg  leave  to  trans- 
mit a copy  of  that  arrangement;  and  trusting  that  you  will  see  your 
way  to  coming  to  some  mutual  understanding,  I have  the  honor  to 
be.  Sir, 

Your  obedient,  humble  servant, 

(Signed)  A.  Nicolson. 


GREAT  BRITAIN 1899. 


779 


[Translation.] 

The  Count  d'Auhigny,  Minister  of  France  at  Tangier,  to  Mr.  Satow,  Minister  of 

Great  Britain. 

Tangier,  4th  June,  1894- 

Mr.  Minister  and  dear  Colleague,  By  a letter  of  April  3,  last,  you  have  had 
the  kindness  to  inform  the  Charge  cl’Affaires  of  France  that  the  French  Con- 
sular authority  in  Morocco,  has  the  right  to  prosecute  through  the  British  Con- 
sular authority  everybody  counterfeiting  the  French  trade-marks,  in  receiving 
them  on  the  following  terms. 

1st.  That  the  registration  of  the  French  mark  should  have  been  effected  in 
England,  accordingly  to  the  “ merchandise  marks  act  1887  ” ; 2nd.  that  protec- 
tion on  the  same  terms  would  be  assured  in  Morocco  by  the  French  authority, 
to  the  English  manufacturers.  As  Mr.  Souhart  has  informed  you  though  he 
was  (persuaded)  satisfied  that  the  French  Government  was  ready  to  grant  the 
reciprocity  in  question,  he  thought  it  was  his  duty  to  refer  to  the  Minister  of 
Foreign  Affairs.  According  to  the  reply  that  reached  me,  I am  officially  author- 
ized to  promise  you  reciprocity  of  treatment,  and  to  lend  on  the  same  terms, 
my  aid  to  the  reclamations  that  the  English  manufacturers  may  have  to  address 
to  the  French  Consular  authority  to  obtain  protection  for  their  trade  marks 
against  French  subjects. 

I am  Sir,  (Signed)  d’AuBiGNY. 


Tangier,  Decerriber  1st,  1899. 

To  His  Excellency  Sir  A.  Nicolson, 

H.  B.  J/’s.  Minister,  etc.  etc.  Tangier. 

Sir:  I have  the  honor  to  inform  Y.  E.  that  I am  in  receipt  of  In- 
structions from  my  Government,  authorizing  me  to  enter  into  a 
reciprocal  agreement  with  Y.  E.  for  the  mutual  protection  of  Trade- 
Marks  registered  in  Great  Britain  and  the  United  States  against 
infringement  in  Morocco  by  subjects  of  the  respective  nations  on  the 
lines  of  that  existing  between  the  British  and  French  Legation  at 
Tangier.  I enclose  for  Y.  E’s.  further  information  a copy  of  said 
Instructions. 

I have  the  honor  to  be,  Sir,  your  obedient  servant, 

(Signed)  S.  R.  Gummere. 

United  States  C onsul- General. 


British  Legation,  Tangier. 

Mh  December  1899. 

Sir.  I have  the  honour  to  acknowledge  the  receipt  of  your  letter  of 
the  1st  instant  informing  me  that  you  have  been  authorized  by  your 
Government  to  enter  into  a reciprocal  agreement  with  me  for  the 
mutual  protection  of  Trade-Marks  registered  in  Great  Britain  and  in 
the  United  States  against  infringement  in  Morocco  by  the  subjects  of 
the  respective  nations. 

I beg  to  thank  you  for  this  communication  and  to  assure  you  that 
it  affords  me  much  satisfaction  to  enter  into  this  reciprocal  agree- 
ment, and  that  henceforth  protection  will  be  afforded  by  the  British 
Consular  Courts  in  Morocco  to  Trade-Marks  of  citizens  of  the  United 
States,  which  have  been  duly  registered  in  Great  Britain  in  con- 
formity with  the  Patents,  Designs  and  Trade-Marks  Acts  1883  to 
1888. 

I have  the  honour  to  be,  sir,  your  obedient  servant, 

(Signed)  A.  Nicolson. 

Hon.  S.  R.  Gummere, 

United  States  Consvl  Gertcrrd,  Tangier. 


780 


TREATIES,  CONVENTIONS,  ETC. 


Consulate-General  of  the  United  States  of  America, 

T angier^  December  6, 1899. 

His  Excellency,  Sir  A.  Nicolson, 

H.  B.  M's.  Minister  etc.  etc.  Tangier. 

Sir:  I have  the  honor  to  acknowledge  receipt  of  Your  Excellency's 
letter  of  the  4th  inst.  and  to  thank  you  for  the  agreement,  that  hence- 
forth protection  will  be  afforded  by  the  British  Consular  Courts  in 
Morocco  to  Trade  Marks  of  citizens  ©f  the  United  States,  which  have 
been  duly  registered  in  Great  Britain  in  conformity  with  the  Patents, 
Designs  and  Trade  Marks  Acts  1883  to  1888. 

In  reply,  it  gives  me  great  pleasure  to  agree,  on  behalf  of  the  Gov- 
ernment of  the  United  States,  that  henceforth  Trade  Marks  of  British 
citizens,  having  been  duly  registered  in  the  United  States  of  America, 
will  be  protected  against  infringement  by  such  persons  as  come  under 
the  jurisdiction  of  the  United  States  Consular  Courts  of  Morocco. 

I am,  Sir,  your  obedient  servant 

S.  R.  Gummere 
United  Stales  Consul  General. 


1899. 

Convention  Between  United  States,  Germany,  and  Great  Britain 
Relating  to  Settlement  of  Samoan  Claims. 

November  7,  1899. 

(For  text  of  convention  see  Samoan  Islands,  page  1589.) 

1899. 

Convention  to  Adjust  the  Questions  Between  United  States, 
Great  Britain,  and  Germany  in  Respect  to  the  Samoan 
Islands. 


December  2,  1899. 

(For  text  of  convention  see  Samoan  Islands,  page  1595.) 


1900. 

Supplementary  Extradition  Treaty. 

Conelvded  December  13. 1900;  ratifteation  advised  by  Senate  March  8, 
1901 ; ratified  by  President  March  28. 1901;  ratifications  exchanged 
April  22,  1901 ; proclaimed  April  22,  1901. 

ARTICLES. 

T.  Extraditable  crimes. 

ri.  Extradition  convention  of  .Inly  12.  1899;  ratification;  duration. 


GREAT  BRITAIN 1900. 


781 


The  President  of  the  United  States  of  America  and  Her  Majesty 
the  Queen  of  Great  Britain  and  Ireland,  being  desirous  of  enlarging 
the  List  of  Crimes  on  account  of  which  Extradition  may  be  granted 
under  the  Convention  concluded  between  the  United  States  and  Her 
Britannic  Majesty  on  the  12th  of  July  1889,  with  a view  to  the  better 
administration  of  justice  and  the  prevention  of  crime  in  their  respec- 
tive territories  and  jurisdictions,  have  resolved  to  conclude  a Sup- 
plementary Convention  for  this  purpose  and  have  appointed  as  their 
Plenipotentiaries,  to  wit : 

The  President  of  the  United  States,  the  Honorable  John  Hay, 
Secretary  of  State  of  the  United  States,  and 

Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain 
and  Ireland,  His  Excellency  the  Eight  Honorable  Lord  Pauncefote, 
Knight  Grand  Cross  of  the  Most  Honorable  Order  of  the  Bath, 
Knight  Grand  Cross  of  the  Most  Distinguished  Order  of  St.  Michael 
and  St.  George,  and  Her  Majesty’s  Ambassador  Extraordinary  and 
Plenipotentiary  to  the  United  States ; 

MJio,  after  having  communicated  to  each  other  their  respective  full 
powers,  which  were  found  to  be  in  due  and  proper  form,  have  agreed 
to  and  concluded  the  following  Articles : 

Article  I. 

The  following  crimes  are  added  to  the  list  of  crimes  numbered  1 to 
10  in  the  first  Article  of  the  said  Convention  of  July  12,  1889,  on 
account  of  which  extradition  may  be  granted,  that  is  to  say : 

11.  Obtaining  money,  valuable  securities  or  other  property  by  false 
pretenses. 

12.  Wilful  and  unlawful  destruction  or  obstruction  of  railroads 
which  endangers  human  life. 

13.  Procuring  abortion. 

Article  II. 

The  present  Convention  shall  be  considered  as  an  integral  part  of 
the  said  Extradition  Convention  of  July  12, 1889,  and  the  first  Article 
of  the  last  mentioned  Convention  shall  be  read  as  if  the  list  of  crimes 
therein  contained  had  originally  comprised  the  additional  crimes 
specified  and  numbered  11  to  13  in  the  first  Article  of  the  present 
Convention. 

The  present  Convention  shall  be  ratified  and  the  ratifications  shall 
be  exchanged  either  at  Washington  or  London  as  soon  as  possible. 

It  shall  come  into  force  ten  days  after  its  publication  in  conformity 
with  the  Laws  of  the  High  Contracting  Parties  and  it  shall  continue 
and  terminate  in  the  same  manner  as  the  said  Convention  of  July  12, 
1889. 

In  testimony  whereof  the  respective  Plenipotentiaries  have  signed 
the  present  Convention  in  duplicate  and  have  thereunto  affixed  their 
seals. 

Done  at  Washington  this  13th  day  of  December,  1900. 

John  Hay  [seal.] 
Pauncefote  [seal.] 


782 


TREATIES,  CONVENTIONS,  ETC. 

1901. 


Treaty  to  Facilitate  the  Construction  of  a Ship  Canal. 

Concluded  N ovember  18^  1901;  ratification  advised  by  Senate  De- 
cember 16^  1901;  ratified  by  President  December  26,  1901;  ratif- 
cations  exchanged  February  21,  1902;  proclaimed  February  22. 
1902. 


Articles. 

I.  Convention  of  April  19,  1850.  IV.  Change  of  sovereignty. 

II.  Construction  of  canal.  V.  Ratitication. 

III.  Rules  of  neutralization. 

The  United  States  of  America  and  His  iSIajesty  Edward  the  Sev- 
enth, of  the  United  Kingdom  of  Great  Britain  and  Ireland,  and  of 
the  British  Dominions  beyond  the  Seas,  King,  and  Emperor  of  India, 
being  desirous  to  facilitate  the  construction  of  a ship  canal  to  connect 
the  Atlantic  and  Pacific  Oceans,  by  'whatever  route  may  be  consid- 
ered expedient,  and  to  that  end  to  remove  any  objection  which  may 
arise  out  of  the  Convention  of  the  19th  April,  1850,  commonly  called 
the  Clayton-Bulwer  Treaty,  to  the  construction  of  such  canal  under 
the  auspices  of  the  Government  of  the  United  States,  without  im- 
pairing the  “general  principle”  of  neutralization  established  in 
Article  VIII  of  that  Convention,  have  for  that  purjiose  appointed 
at  their  Plenipotentiaries : 

The  President  of  the  United  States,  John  Hay,  Secretary  of  State 
of  the  United  States  of  America ; 

And  His  Majesty  Edward  the  Seventh,  of  the  United  Kingdom 
of  Great  Britain  and  Ireland,  and  of  the  British  Dominions  beyond 
the  Seas,  King,  and  Emperor  of  India,  the  Right  Honourable  Lord 
Pauncefote,  G.  C.  B.,  G.  C.  M.  G.,  His  Majesty’s  Ambassador  Ex- 
traordinary and  Plenipotentiary  to  the  United  States; 

Who,  having  communicated  to  each  other  their  full  powers  which 
were  found  to  be  in  due  and  proper  form,  have  agreed  upon  the 
following  Articles: — 

Article  I. 

The  High  Contracting  Parties  agree  that  the  present  Treaty  shall 
supersede  the  afore-mentioned  Convention  of  the  19th  April,  1850. 

Article  II. 

It  is  agreed  that  the  canal  may  be  constructed  under  the  auspices 
of  the  Government  of  the  United  States,  either  directly  at  its  own 
cost,  or  by  gift  or  loan  of  money  to  individuals  or  Corporations,  or 
through  subscription  to  or  purchase  of  stock  or  shares,  and  that, 
subject  to  the  provisions  of  the  present  Treaty,  the  said  Government 
shall  have  and  enjoy  all  the  rights  incident  to  such  construction,  as 
well  as  the  exclusive  right  of  providing  for  the  regulation  and  man- 
agement of  the  canal. 

Article  III. 

The  United  States  adopts,  as  the  basis  of  the  neutralization  of 
such  ship  canal,  the  following  Rules,  substantially  as  embodied  in 


GREAT  BRITAIN 1901, 


783 


the  Convention  of  Constantinople,  signed  the  28th  October,  1888,  for 
the  free  navigation  of  the  Suez  Canal,  that  is  to  say : 

1.  The  canal  shall  be  free  and  open  to  the  vessels  of  commerce 
and  of  war  of  all  nations  observing  these  Rules,  on  terms  of  entire 
equality,  so  that  there  shall  be  no  discrimination  against  any  such 
nation,  or  its  citizens  or  subjects,  in  respect  of  the  conditions  or 
charges  of  traffic,  or  otherwise.  Such  conditions  and  charges  of 
traffic  shall  be  just  and  equitable. 

2.  The  canal  shall  never  be  blockaded,  nor  shall  any  right  of  war 
be  exercised  nor  any  act  of  hostility  be  committed  within  it.  The 
United  States,  however,  shall  be  at  liberty  to  maintain  such  military 
police  along  the  canal  as  may  be  necessary  to  protect  it  against  law- 
lessness and  disorder. 

3.  Vessels  of  war  of  a belligerent  shall  not  revictual  nor  take  any 
stores  in  the  canal  except  so  far  as  may  be  strictly  necessary;  and 
the  transit  of  such  vessels  through  the  canal  shall  be  effected  with  the 
least  possible  delay  in  accordance  with  the  Regulations  in  force,  and 
with  only  such  intermission  as  may  result  from  the  necessities  of  the 
service. 

Prizes  shall  be  in  all  respects  subject  to  the  same  Rules  as  vessels 
of  war  of  the  belligerents. 

4.  No  belligerent  shall  embark  or  disembark  troops,  munitions  of 
war,  or  warlike  materials  in  the  canal,  except  in  case  of  accidental 
hindrance  of  the  transit,  and  in  such  case  the  transit  shall  be  resumed 
with  all  possible  dispatch. 

5.  The  provisions  of  this  Article  shall  apply  to  waters  adjacent 
to  the  canal,  within  3 marine  miles  of  either  end.  Vessels  of  war  of 
a belligerent  shall  not  remain  in  such  waters  longer  than  twenty-four 
hours  at  any  one  time,  except  in  case  of  distress,  and  in  such  case, 
.shall  depart  as  soon  as  possible;  but  a vessel  of  war  of  one  belligerent 
shall  not  depart  within  twenty-four  hours  from  the  departure  of  a 
vessel  of  war  of  the  other  belligerent. 

6.  The  plant,  establishments,  buildings,  and  all  work  necessary  to 
the  construction,  maintenance,  and  operation  of  the  canal  shall  be 
deemed  to  be  part  thereof,  for  the  purposes  of  this  Treaty,  and  in 
time  of  war,  as  in  time  of  peace,  shall  enjoy  complete  immunity  from 
attack  or  injury  by  belligerents,  and  from  acts  calculated  to  impair 
their  usefulness  as  part  of  the  canal. 

Article  IV. 

It  is  agreed  that  no  change  of  territorial  sovereignty  or  of  the 
international  relations  of  the  country  or  countries  traversed  by  the 
before-mentioned  canal  shall  affect  the  general  principle  of  neutrali- 
zation or  the  obligation  of  the  High  Contracting  Parties  under  the 
present  Treaty. 

Article  V. 

The  present  Treaty  shall  be  ratified  by  the  President  of  the  United 
States,  by  and  with  the  advice  and  consent  of  the  Senate  thereof, 
and  by  His  Britannic  Majesty;  and  the  ratifications  shall  be  ex- 
changed at  Washington  or  at  London  at  the  earliest  possible  time 
within  six  months  from  the  date  hereof. 


784 


TREATIES,  CONVENTIONS,  ETC. 


In  faith  whereof  the  respective  Plenipotentiaries  have  signed  this 
Treaty  and  thereunto  affixed  their  seals. 

Done  in  duplicate  at  Washington,  the  18th  day  of  November,  in 
the  year  of  Our  Lord  one  thousand  nine  hundred  and  one. 

John  Hay  [seal.] 
Paijncefote.  [seal.] 


190S. 

Treaty  as  to  Import  Duties  in  Zanzibar. 

Concluded  May  31^  1902;  ratification  advised  Oy  Senate  June  50, 1902; 
ratified  hy  President  July  22, 1902 ; ratifications  exchanged  October 
17, 1902;  proclaimed  OctoOer  17, 1902. 

Articles. 

I.  Import  duties.  III.  Most  favored  nation  treatment  as 

II.  Most  favored  nation  treatment  as  to  commercial  interests, 

to  duties. 

The  United  States  of  America  and  His  Majesty  the  King  of  the 
United  Kingdom  of  Great  Britain  and  Ireland  and  of  the  British 
Dominions  beyond  the  Seas,  Emperor  of  India,  acting  in  the  name  of 
His  Highness  the  Sultan  of  Zanzibar,  have,  for  the  purposes  herein- 
after stated,  appointed  their  respective  Plenipotentiaries,  namely : 

The  President  of  the  United  States  of  America,  the  Honorable 
John  Hay,  Secretaiy  of  State  of  the  United  States  of  America;  and 
His  Britannic  Majesty,  Arthur  Stewart  Eaikes,  Esquire,  His 
Britannic  Majesty’s  Charge  d’Affaires, 

Who,  after  having  communicated  each  to  the  other  their  respective 
full  powers  in  good  and  due  form,  have  agreed  upon  the  following 
Articles : 

Article  I. 

Eocognizing  that  it  is  just  and  necessary  to  facilitate  to  that  por- 
tion of  the  dominions  of  His  Highness  the  Sultan  of  Zanzibar  which 
is  under  the  protection  of  Great  Britain,  and  which  is  situated  in  the 
basin  of  the  Congo,  as  defined  by  the  General  Act  of  the  African  Con- 
ference at  Berlin  of  Febniary  26th,  1885 j the  accomplishment  of  the 
obligations  which  it  has  contracted  by  virtue  of  the  General  Act  of 
Brussels  of  July  2nd,  1890,  the  United  States  waives  any  objection  on 
its  part  to  the  collection  of  import  duties  upon  merchandise  imported 
into  that  Protectorate. 

The  tariff  of  these  duties,  as  provided  in  the  Declaration  of  Brus- 
sels bearing  the  same  date  as  the  said  General  Act  of  Brussels,  for  the 
period  of  fifteen  years  next  ensuing  from  that  date,  is  not  to  exceed 
ten  per  centum  of  the  value  of  the  merchandise  at  the  port  of  impor- 
tation, except  for  spirits  and  for  firearms  and  ammunition,  which  are 
regulated  by  the  General  Act  of  Brussels. 

At  the  expiration  of  the  said  period  of  fifteen  years,  and  in  default 
of  a new  agreement,  the  United  States  will,  with  respect  to  this  sub- 
ject, be  restored  to  the  relations  with  the  said  Protectorate  which  ex- 


GBEAT  BRITAIN — ^1902-1903. 


785 


isted  prior  to  the  Conclusion  of  this  Convention,  the  right  to  impose 
thereafter  import  duties  to  a maximum  of  ten  per  centum  upon  mer- 
chandise imported  into  the  said  Protectorate  remaining  acquired  to 
the  latter  so  long  only  as  it  shall  continue  to  comply  with  the  condi- 
tions and  limitations  stated  in  this  Convention. 

ABTIOliE  II. 

The  United  States  shall  enjoy  in  fhe  said  Protectorate  as  to  import 
duties  all  the  advantages  accorded  to  the  most  favored  nation. 

Neither  differential  treatment  nor  transit  duty  shall  be  established 
in  said  Protectorate. 

In  the  application  of  the  tariff  regime  of  the  said  Protectorate,  the 
formalities  and  operations  of  commerce  shall  be  simplified  and  facili- 
tated so  far  as  possible. 

Article  III. 

Considering  the  fact  that  in  Article  I of  this  Convention  the  United 
States  has  given  its  assent  under  certain  conditions  to  the  establish- 
ment of  import  duties  in  that  portion  of  the  Dominions  of  His  High- 
ness the  Sultan  of  Zanzibar  which  is  under  the  protection  of  Great 
Britain,  it  is  well  understood  that  the  said  Protectorate  assures  to  the 
flag,  to  the  vessels,  to  the  commerce,  and  to  the  citizens  and  inhabit- 
ants of  the  United  States,  in  all  parts  of  the  territory  of  that  Pro- 
tectorate, all  the  rights,  privileges  and  immunities  concerning  import 
and  export  duties,  tariff  regime,  interior  taxes  and  charges  and,  in  a 
general  manner,  all  commercial  interests,  which  are  or  shall  be  ac- 
corded to  the  signatory  Powers  of  the  Act  of  Berlin,  or  to  the  most 
favored  nation. 

This  Convention  shall  be  ratified,  and  the  ratifications  shall  be  ex- 
changed at  Washington  as  soon  as  may  be  and  within  twelve  months 
from  the  date  hereof. 

Done  in  duplicate  at  Washington  this  thirty-first  day  of  May,  in 
the  year  of  our  Lord  one  thousand  nine  hundred  and  two. 

John  Hay  [seal.] 

Arthur  S Eaikes  [seal.] 


1903. 

Treaty  as  to  Light  and  Harbor  Dues  in  Zanzibar. 

Concluded  June  5, 1903;  ratification  advised  Oy  Senate  Novemlter  25, 
1903;  ratified  hy  President  December  8,  1903;  ratifications  ex- 
changed December  21^,  1903;  proclaimed  December  2Ii,,  1903. 

Articles. 

I.  Imposition  of  light  and  harbor  dues.  I III.  Ratification. 

II.  Light  houses ; consent  of  powers.  I 

Whereas  it  is  provided  by  Article  III  of  the  Treaty  of  Amity  and 
Commerce  concluded  September  21st  1833,  between  the  United  States 
of  America  and  His  Highness  the  Sultan  of  Muscat,  which  treaty 
24449— VOL  1—10 50 


786 


TREATIES,  CONVENTIONS,  ETC. 


was  accepted  by  His  Highness  the  Sultan  of  Zanzibar  after  the  sepa- 
ration of  that  state  from  the  jurisdiction  of  Muscat,  that  vessels  of 
the  United  States  entering  any  ports  of  the  Sultan’s  dominions  shall 
pay  no  more  than  five  per  centum  duties  on  the  cargo  landed;  and 
this  shall  be  in  full  consideration  of  all  import  and  export  duties, 
tonnage,  license  to  trade,  pilotage,  anchorage,  or  any  other  charge 
whatever ; 

And  whereas  no  provision  is  made  in  the  above  mentioned  treaty 
nor  in  any  subsequent  agreement  for  the  payment  of  light  and  harbor 
dues  in  the  dominions  of  His  Highness  the  Sultan ; 

And  whereas  the  United  States  of  America  and  His  Majesty  the 
King  of  the  United  Kingdom  of  Great  Britain  and  Ireland  and  of 
the  British  Dominions  beyond  the  Seas,  Emperor  of  India,  acting  in 
the  name  of  His  Highness  the  Sultan  of  Zanzibar  are  desirous,  in 
the  interest  of  commerce,  of  so  amending  the  said  Article  III  of  the 
said  Treaty  of  Amity  and  Commerce  of  September  21st  1833,  as  to 
permit  the  imposition  of  light  dues  at  the  rate  of  one  anna  upon  every 
registered  ton,  with  an  added  harbor  due  of  one  anna  upon  every 
registered  ton,  on  vessels  of  the  United  States  entering  the  ports 
in  the  islands  of  Zanzibar  and  Pemba ; 

Now,  therefore,  the  High  Contracting  Parties  have  to  that  end 
resolved  to  conclude  a convention,  and  have  for  this  purpose  ap- 
pointed their  plenipotentiaries,  to  wit; 

The  President  of  the  United  States  of  America,  John  Hay,  Secre- 
tary of  State  of  the  United  States;  and 

His  Britannic  Majesty,  The  Right  Honorable  Sir  Michael  H.  Her- 
bert, G.  C.  M.  G.,  C.  B.,  His  Majesty’s  Ambassador  Extraordinary 
and  Plenipotentiary; 

Who,  having  exhibited  each  to  the  other  their  respective  full  powers 
which  were  found  to  be  in  due  and  proper  form,  have  agreed  upon 
the  following  articles: 


- Article  I. 

It  is  understood  and  agreed  between  the  High  Contracting  Parties 
that  nothing  contained  in  said  Article  III  of  the  said  Convention  of 
September  21st  1833,  shall  be,  construed  as  preventing  the  imposition 
on  and  collection  from  vessels  of  the  United  States  entering  any  port 
in  the  islands  of  Zanzibar  and  Pemba  of  a light  due  of  one  anna  per 
registered  ton  and  an  added  harbor  due  of  one  anna  per  registered 
ton.  His  Britannic  Majesty,  acting  in  the  name  of  His  Highness  the 
Sultan  of  Zanzibar,  engaging  that  the  light  and  harbor  dues  so  im- 
posed and  collected  shall  be  applied  to  the  construction  and  mainte- 
nance of  lighthouses  and  buoys  for  the  proper  lighting  of  the  coasts 
of  the  said  islands. 

Article  II. 

It  is  further  understood  and  agreed  between  the  High  Contracting 
Parties  that  the  consent  of  the  United  States  to  the  imposition  and 
collection  of  the  light  and  harbor  dues  aforesaid  is  given  on  the  con- 
ditions : — 

1.  That  really  adequate  lighthouses  are  provided  and  maintained; 
also  that  lights  shall  be  placed  upon  the  buoys  when  required  by 
American  vessels  entering  or  leaving  the  harbor  of  Zanzibar  at  night. 


GREAT  BRITAIN — 1903.  787 

2.  That  accounts  of  the  receipts  and  expenditures  of  the  dues  are 
carefully  kept  and  published. 

3.  That  provision  be  made  for  the  reduction  of  the  dues  if  they 
should  hereafter  become  disproportionate  to  the  expenditure. 

4.  That  the  consent  of  all  the  other  Powers  having  treaties  with 
Zanzibar  be  given  to  the  imposition  of  the  said  light  and  harbor  dues 
on  their  vessels,  and  that  vessels  of  the  United  States  be  subject  to  no 
differential  treatment. 

Article  III. 

The  present  convention  shall  be  ratified  by  the  President  of  the 
United  States  of  America,  by  and  with  the  advice  and  consent  of  the 
Senate  thereof,  and  by  his  Britannic  Majesty,  and  the  ratifications 
shall  be  exchanged  in  the  City  of  Washington  as  soon  as  practicable. 

In  witness  whereof  the  respective  plenipotentiaries  have  signed  the 
same,  and  have  affixed  thereto  their  respective  seals. 

Done  at  the  City  of  Washington,  this  fifth  day  of  June,  in  the  year 
one  thousand  nine  hundred  and  three. 

John  Hay  [seal.] 

Michael  H.  Herbert  [seal.] 


1903. 

Convention  as  to  Alaskan  Boundary. 


Concluded  Jamiary  2Jf,  1903;  ratification  advised  hy  Senate  Fehmary 
11.  1903;  ratified  hy  President  February  2Jf,  1903;  ratifications 
exchanged  March  3, 1093;  'proclaimed  March  3,  1903. 

Aeticles. 


I.  Tribunal. 

II.  Procedure. 

III.  Treaties  considered. 

IV.  Questions  to  be  decided. 


V.  Meeting. 

VI.  Decision. 
VII.  Ratification. 


The  United  States  of  America  and  His  Majesty  Edward  the 
Seventh,  of  the  United  Kingdom  of  Great  Britain  and  Ireland,  and 
of  the  British  Dominions  beyond  the  Seas,  King,  and  Emperor  of 
India,  equally  desirous  for  the  friendly  and  final  adjustment  of  the 
differences  which  exist  between  them  in  respect  to  the  true  meaning 
and  application  of  certain  clauses  of  the  convention  between  Great 
Britain  and  Russia,  signed  under  date  of  February  28/16,  A.  D.  1825, 
which  clauses  relate  to  the  delimitation  of  the  boundary  line  between 
the  territory  of  Alaska,  now  a possession  of  the  United  States,  and 
the  British  possessions  in  North  America,  have  resolved  to.  provide 
for  the  submission  of  the  questions  as  hereinafter  stated  to  a tribunal, 
and  to  that  end  have  appointed  their  respective  plenipotentiaries  as 
follows : 

The  President  of  the  United  States  of  America,  John  Hay,  Secre- 
tary of  State  of  the  United  States;  and 


788 


TREATIES,  CONVENTIONS,  ETC. 


His  Britannic  Majesty,  The  Eight  Honorable  Sir  Michael  H.  Her- 
bert, K.  C.  M.  G.,  C.  B.,  His  Britannic  Majesty’s  Ambassador  Extra- 
ordinary and  Plenipotentiary; 

Who,  after  an  exchange  of  their  full  powers  which  were  found  to 
be  in  good  and  due  form,  have  agreed  upon  the  following  articles : 

Article  I. 

A tribunal  shall  be  immediately  appointed  to  consider  and  decide 
the  questions  set  forth  in  Article  IV  of  this  convention.  The  tribunal 
shall  consist  of  six  impartial  jurists  of  repute  who  shall  consider 
judicially  the  questions  submitted  to  them,  each  of  whom  shall  first 
subscribe  an  oath  that  he  will  impartially  consider  the  arguments 
and  evidence  presented  to  the  tribunal  and  will  decide  thereupon 
according  to  his  true  judgment.  Three  members  of  the  tribunal  shall 
be  appointed  by  the  President  of  the  United  States,  and  three  by  His 
Britannic  Majesty.  All  questions  considered  by  the  tribunal,  includ- 
ing the  final  award,  shall  be  decided  by  a majority  of  all  the  members 
thereof. 

In  case  of  the  refusal  to  act,  or  of  the  death,  incapacity  or  absten- 
tion from  service  of  any  of  the  persons  so  appointed,  another  impar- 
tial jurist  of  repute  shall  be  forthwith  appointed  in  his  place  by  the 
same  authority  which  appointed  his  predecessor. 

The  tribunal  may  appoint  a secretary  and  a bailiff  to  perform  such 
duties  as  they  may  prescribe,  and  may  employ  scientific  experts  if 
found  to  be  necessary,  and  may  fix  a reasonable  compensation  for 
such  officers.  The  tribunal  shall  keep  an  accurate  record  of  all  its 
proceedings. 

Each  of  the  High  Contracting  Parties  shall  make  compensation 
for  the  services  of  the  members  of  the  tribunal  of  its  own  appoint- 
ment and  of  any  agent,  counsel,  or  other  person  emploj^ed  in  its 
behalf,  and  shall  pay  all  costs  incurred  in  the  preparation  of  its  case. 
All  expenses  reasonably  incurred  by  the  tribunal  in  the  performance 
of  its  duties  shall  be  paid  by  the  respective  governments  in  equal 
moieties.  The  tribunal  may,  subject  to  the  provisions  of  this  con- 
vention, establish  all  proper  rules  for  the  regulation  of  its  pro- 
ceedings. 


Article  II. 

Each  of  the  High  Contracting  Parties  shall  also  name  one  person 
to  attend  the  tribunal  as  its  agent. 

The  written  or  printed  case  of  each  of  the  two  parties,  accom- 
panied by  the  documents,  the  official  correspondence  and  all  other 
evidence  in  writing  or  print  on  which  each  party  relies,  shall  be 
delivered  in  duplicate  to  each  member  of  the  tribunal  and  to  the 
agent  of  the  other  party  as  soon  as  may  be  after  the  organization  of 
the  tribunal,  but  within  a period  not  exceeding  two  months  from  the 
date  of  the  exchange  of  ratifications  of  this  convention. 

Within  two  months  after  the  delivery  on  both  sides  of  the  written 
or  printed  case,  either  party  may,  in  like  manner,  deliver  in  dupli- 
cate to  each  member  of  the  tribunal,  and  to  the  agent  of  the  other 
party,  a counter-case  and  additional  documents,  correspondence  and 
evidence  in  reply  to  the  case,  documents,  correspondence  and  evi- 


GREAT  BRITAIN — 1903. 


789 


dence  so  presented  by  the  other  party.  The  tribunal  may,  however, 
extend  this  last  mentioned  period  when  in  their  judgment  it  becomes 
necessary  by  reason  of  special  difficulties  which  may  arise  in  the 
procuring  of  such  additional  papers  and  evidence. 

If  in  the  case  submitted  to  the  tribunal  either  party  shall  have 
specified  or  referred  to  any  report  or  document  in  its  own  exclusive 
possession  without  annexing  a copy,  such  party  shall  be  bound,  if  the 
other  party  shall  demand  it,  within  thirty  days  after  the  delivery  of 
the  case,  to  furnish  to  the  party  applying  for  it  a duly  certified  copy 
thereof;  and  either  party  may  call  upon  the  other,  through  the  tri- 
bunal, to  produce  the  original  or  certified  copies  of  any  papers 
adduced  as  evidence,  giving  in  each  instance  such  reasonable  notice 
as  the  tribunal  may  require;  and  the  original  or  copy  so  requested 
shall  be  delivered  as  soon  as  may  be  and  within  a period  not  exceed- 
ing forty  days  after  receipt  of  notice. 

Each  party  may  present  to  the  tribunal  all  pertinent  evidence, 
documentary,  historical,  geographical,  or  topographical,  including 
* maps  and  charts,  in  its  possession  or  control  and  applicable  to  the 
rightful  decision  of  the  questions  submitted ; and  if  it  appears  to  the 
tribunal  that  there  is  evidence  pertinent  to  the  case  in  the  possession 
of  either  party,  and  which  has  not  been  produced,  the  tribunal  may 
in  its  discretion  order  the  production  of  the  same  by  the  party  having 
control  thereof. 

It  shall  be  the  duty  of  each  party  through  its  agent  or  counsel, 
within  two  months  from  the  expiration  of  the  time  limited  for  the 
delivery  of  the  counter-case  on  both  sides,  to  deliver  in  duplicate  to 
each  member  of  the  said  tribunal  and  to  the  agent  of  the  other  party 
a written  or  printed  argument  showing  the  points  and  referring  to 
the  evidence  upon  which  his  Government  relies,  and  either  party 
may  also  support  the  same  before  the  tribunal  by  oral  argument  of 
counsel.  The  tribunal  may,  if  they  shall  deem  further  elucidation 
with  regard  to  any  point  necessary,  require  from  either  party  a 
written,  printed,  or  oral  statement  or  argument  upon  the  point;  but 
in  such  case  the  other  party  shall  have  the  right  to  reply  thereto. 

Article  III. 

It  is  agreed  by  the  High  Contracting  Parties  that  the  tribunal 
shall  consider  in  the  settlement  of  the  questions  submitted  to  its 
decision  the  Treaties  respectively  concluded  between  His  Britannic 
Majesty  and  the  Emperor  of  All  the  Russias  under  date  of  28/16 
February,  A.  D.  1825,  and  between  the  United  States  of  America 
and  the  Emperor  of  All  the  Russias  concluded  under  date  of 
March  30/18,  A.  D.  1867 ; and  particularly  the  Articles  III,  IV,  V, 
of  the  first  mentioned  treaty,  which  in  the  original  text  are  word  for 
word  as  follows: 

“ La  ligne  de  demarcation  entre  les  Possessions  des  Hautes  Parties 
Contractantes  sur  la  Cote  du  Continent  et  les  lies  de  I’Amerique 
Nord-Ouest,  sera  tracee  ainsi  qu’il  suit : 

“A  partir  du  Point  le  plus  meridional  de  I’lle  dite  Prince  of  W dies ^ 
lequel  Point  se  trouve  sous  la  parallele  du  54me  degre  40  minutes  de 
latitude  Nord,  et  entre  le  131me  et  133  me  degre  de  longitude  Quest 
(Meridien  de  Greenwich),  la  dite  ligne  remontera  au  Nord  le  long  de 
la  passe  dite  Portland  Channel^  jusqu’au  Point  de  la  terra  ferme  ou 


790 


TREATIES,  CONVENTIONS,  ETC. 


elle  atteint  le  56me  degre  latitude  Nord ; de  ce  dernier  point  la  ligne 
de  demarcation  suivra  la  crete  des  montagnes  situees  parallelement  a 
la  Cote,  jusqu’au  point  d’intersection  du  141me  degre  de  longitude 
Quest  (meme  Meridien)  ; et  finaleinent,  du  dit  point  d’intersection,  la 
meme  ligne  meridienne  du  141me  degre  formera,  dans  son  prolonge- 
ment  jusqu’a  la  Mer  Glaciale,  la  limite  entre  les  Possessions  Russes  et 
Britanniques  sur  le  Continent  de  I’Amerique  Nord-Ouest.” 

IV. 

“ II  est  entendu,  par  rapport  a la  ligne  de  demarcation  determinee 
dans  I’Article  precedent; 

“ 1.  Que  I’Isle  dite  Prince  of  W ales  appartiendra  toute  entiere  a la 
Russie. 

“2.  Que  partoute  ou  la  crete  des  montagnes  qui  s’etendent  dans 
une  direction  parallele  a la  Cote  depuis  le  56me  degre  de  latitude 
Nord  au  point  d’intersection  du  141me  degre  de  longitude  Quest,  se 
trouveroit  a la  distance  de  plus  de  dix  lieues  marines  de  I’Qcean,  la* 
limite  entre  les  Possessions  Britanniques  et  la  lisiere  de  Cote  men- 
tionnee  ci-dessus  comme  devant  appartenir  a la  Russie,  sera  formee 
par  une  ligne  parallele  aux  sinuosites  de  la  Cote,  et  qui  ne  pourra 
jamais  en  etre  eloignee  que  de  dix  lieues  marines.” 

V. 

“ II  est  convenu  en  outre,  que  nul  Etablissement  ne  sera  forme  par 
I’une  des  deux  Parties  dans  les  limites  que  les  deux  Articles  pi-ecedens 
assignent  aux  Possessions  de  I’Autre.  En  consequence,  les  Sujets 
Britanniques  ne  formeront  aucun  Etablissement  soit  sur  la  Cote, 
soit  sur  la  lisiere  de  terre  ferme  comprise  dans  les  limites  des  Pos- 
sessions Russes,  telles  qu’elles  sont  designees  dans  les  deux  Articles 
precedens;  et,  de  meme,  nul  Etablissement  ne  sera  forme  par  des 
Sujets  Russes  au  dela  des  dites  limites.” 

The  tribunal  shall  also  take  into  consideration  any  action  of  the 
several  governments  or  of  their  respective  representatives  preliminary 
or  subsequent  to  the  conclusion  of  said  treaties  so  far  as  the  same 
tends  to  show  the  original  and  effective  understanding  of  the  parties 
in  respect  to  the  limits  of  their  several  territorial  jurisdictions  under 
and  by  virtue  of  the  provisions  of  said  treaties. 

Article  IV. 

Referring  to  Articles  III,  IV,  and  V of  the  said  treaty  of  1825  the 
said  tribunal  shall  answer  and  decide  the  following  questions : — 

1.  What  is  intended  as  the  point  of  commencement  of  the  line? 

2.  What  channel  is  the  Portland  Channel? 

3.  What  course  should  the  line  take  from  the  point  of  commence- 
ment to  the  entrance  to  Portland  Channel? 

4.  To  what  point  on  the  56th  parallel  is  the  line  to  be  drawn  from 
the  head  of  the  Portland  Channel,  and  what  course  should  it  follow 
between  these  points? 

5.  In  extending  the  line  of  demarcation  northward  from  said  point 
on  the  parallel  of  the  56th  degree  of  North  latitude,  following  the 
crest  01  the  mountains  situated  parallel  to  the  coast  until  its  inter- 


GREAT  BRITAIN — ^1903. 


791 


section  with  the  141st  degree  of  longitude  west  of  Greenwich,  subject 
to  the  condition  that  if  such  line  should  anywhere  exceed  the  distance 
of  ten  marine  leagues  from  the  ocean  then  the  boundary  between  the 
British  and  the  Russian  territory  should  be  formed  by  a line  parallel 
to  the  sinuosities  of  the  coast  and  distant  therefrom  not  more  than 
ten  marine  leagues,  was  it  the  intention  and  meaning  of  said  conven- 
tion of  1825  that  there  should  remain  in  the  exclusive  possession  of 
Russia  a continuous  fringe  or  strip  of  coast  on  the  mainland,  not 
exceeding  ten  marine  leagues  in  width,  separating  the  British  Posses- 
sions from  the  bays,  ports,  inlets,  havens,  and  waters  of  the  ocean,  and 
extending  from  the  said  point  on  the  56th  degree  of  latitude  north 
to  a point  where  such  line  of  demarcation  should  intersect  the  141st 
degree  of  longitude  west  of  the  Meridian  of  Greenwich? 

6.  If  the  foregoing  question  should  be  answered  in  the  negative, 
and  in  the  event  of  the  summit  of  such  mountains  proving  to  be  in 
places  more  than  ten  marine  leagues  from  the  coast,  should  the  width 
of  the  lisiere  which  was  to  belong  to  Russia  be  measured  (1)  from 
the  mainland  coast  of  the  ocean,  strictly  so-called,  along  a line  per- 
pendicular thereto,  or  (2)  was  it  the  intention  and  meaning  of  the 
said  convention  that  where  the  mainland  coast  is  indented  by  deep 
inlets,  forming  part  of  the  territorial  waters  of  Russia,  the  width  of 
the  lisiere  was  to  be  measured  (a)  from  the  line  of  the  general  direc- 
tion of  the  mainland  coast,  or  (b)  from  the  line  separating  the  waters 
of  the  ocean  from  the  territorial  waters  of  Russia,  or  (c)  from  the 
heads  of  the  aforesaid  inlets? 

7.  IVhat,  if  any  exist,  are  the  mountains  referred  to  as  situated 
parallel  to  the  coast,  which  mountains,  when  within  ten  marine 
leagues  from  the  coast,  are  declared  to  form  the  eastern  boundary  ? 

Article  V. 

The  tribunal  shall  assemble  for  their  first  meeting  at  London  as  soon 
as  practicable  after  receiving  their  commissions;  and  shall  themselves 
fix  the  times  and  places  of  all  subsequent  meetings. 

The  decision  of  the  tribunal  shall  be  made  so  soon  as  possible  after 
the  conclusion  of  the  arguments  in  the  case,  and  within  three  months 
thereafter,  unless  the  President  of  the  United  States  and  His  Britan- 
nic Majesty  shall  by  common  accord  extend  the  time  therefor.  The 
decision  shall  be  made  in  writing,  and  dated,  and  shall  be  signed  by 
the  members  of  the  tribunal  assenting  to  the  same.  It  shall  be  signed 
in  duplicate,  one  copy  whereof  shall  be  given  to  the  agent  of  the 
United  States  of  America  for  his  government,  and  the  other  to  the 
agent  of  His  Britannic  Majesty  for  his  government. 

Article  VI. 

When  the  High  Contracting  Parties  shall  have  received  the  de- 
cision of  the  tribunal  upon  the  questions  submitted  as  provided  in  the 
foregoing  articles,  which  decision  shall  be  final  and  binding  upon  all 
parties,  they  will  at  once  appoint,  each  on  its  own  behalf,  one  or  more 
scientific  experts  who  shall  with  all  convenient  speed  proceed  together 
to  lay  down  the  boundary  line,  in  conformity  with  such  decision. 

Should  there  be,  unfortunately,  a failure  by  a majority  of  the  tri- 
bunal to  agree  upon  any  of  the  points  submitted  for  their  decision,  it 


792 


TREATIES,  CONVENTIONS,  ETC. 


shall  be  their  duty  to  so  report  in  writing  to  the  respective  govern- 
ments through  their  respective  agents.  Should  there  be  an  agree- 
ment by  a majority  upon  a part  of  the  questions  submitted,  it  shall 
be  their  duty  to  sign  and  report  their  decision  upon  the  points  of  such 
agreement  in  the  manner  hereinbefore  prescribed. 

Article  VII. 

The  present  Convention  shall  be  ratified  by  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate,  and 
by  His  Britannic  Majesty,  and  the  ratifications  shall  be  exchanged  in 
Washington  or  in  London  so  soon  as  the  same  may  be  effected. 

In  faith  whereof  we,  the  respective  plenipotentiaries,  have  signed 
this  Convention  and  have  hereunto  affixed  our  seals. 

Done  at  Washington,  in  duplicate,  this  24th  day  of  January,  A.  D. 
1903. 

John  Hay  [seal.] 

Michael  H.  Herbert  [seal.] 


Decision  of  the  Alaskan  Boundary  Tribunal  under  the  Treaty 

OF  January  24,  1903,  between  the  United  States  and  Great 

Britain. 

Whereas  by  a Convention  signed  at  Washington  on  the  24th  day  of 
January  1903,  by  Plenipotentiaries  of  and  on  behalf  of  His  Majesty 
the  King  of  the  United  Kingdom  of  Great  Britain  and  Ireland  and 
of  the  British  Dominions  beyond  the  Seas,  Emperor  of  India,  and  of 
and  on  behalf  of  the  United  States  of  America,  it  was  agreed  that  a 
Tribunal  should  be  appointed  to  consider  and  decide  the  questions 
hereinafter  set  forth,  such  Tribunal  to  consist  of  six  impartial  Jurists 
of  repute,  who  should  consider  judicially  the  questions  submitted  to 
them  each  of  whom  should  first  subscribe  an  oath  that  he  would 
impartially  consider  the  arguments  and  evidence  presented  to  the 
said  Tribunal,  and  would  decide  thereupon  according  to  his  true  judg- 
ment, and  that  three  members  of  the  said  Tribunal  should  be  ap- 
pointed by  His  Britannic  Majesty  and  three  by  the  President  of  the 
United  States: 

And  whereas  it  was  further  agreed  by  the  said  Convention  that 
the  said  Tribunal  should  consider  in  the  settlement  of  the  said  ques- 
tions submitted  to  its  decision  the  Treaties  respectively  concluded 
between  His  Britannic  Majesty  and  the  Emperor  of  All  the  Russias 
under  date  of  the  28th  (16th)  February  A D 1825  and  between  the 
United  States  of  America  and  the  Emperor  of  all  the  Russias,  con- 
cluded under  date  of  the  18th  (30th)  March  A D 1867,  and  particu- 
larly the  Articles  III,  IV  and  V of  the  first  mentioned  Treaty,  and 
should  also  take  into  consideration  any  action  of  the  several  Gov- 
ernments or  of  their  respective  Representatives,  preliminary  or  sub- 
sequent to  the  conclusion  of  the  said  Treaties  so  far  as  the  same  tended 
to  show  the  original  and  effective  understanding  of  the  parties  in 
respect  to  the  limits  of  their  several  territorial  jurisdictions  under 
and  by  virtue  of  the  provisions  of  the  said  Treaties. 


GBEAT  BRITAIN — 1903. 


793 


And  whereas  it  was  further  agreed  by  the  said  Convention,  refer- 
ring to  Articles  III,  IV  and  V of  the  said  Treaty  of  1825,  that  the 
said  Tribunal  should  answer  and  decide  the  following  questions : — 

1.  What  is  intended  as  the  point  of  commencement  of  the  line  ? 

2.  What  channel  is  the  Portland  Channel? 

3.  What  course  should  the  line  take  from  the  point  of  commence- 
ment to  the  entrance  to  Portland  Channel? 

4.  To  what  point  on  the  66th  parallel  is  the  line  to  be  drawn  from 
the  head  of  the  Portland  Channel,  and  what  course  should  it  follow 
between  these  points? 

5.  In  extending  the  line  of  demarcation  northward  from  said  point 

on  the  parallel  of  the  56th  degree  of  north  latitude,  following  the 
crest  of  the  mountains  situated  parallel  to  the  coast  until  its  inter- 
section with  the  141st  degree  of  longitude  west  of  Greenwich,  subject 
to  the  conditions  that  if  such  line  should  anywhere  exceed  the  dis- 
tance of  10  marine  leagues  from  the  ocean,  then  the  boundary  be- 
tween the  British  and  the  Russian  territory  should  be  formed  by  a 
line  parallel  to  the  sinuosities  of  the  coast  and  distant  therefrom 
not  more  than  10  marine  leagues,  was  it  the  intention  and  meaning 
of  the  said  Convention  of  1825  that  there  should  remain  in  the  exclu- 
sive possession  of  Russia  a continuous  fringe,  or  strip,  of  coast  on  the 
mainland  not  exceeding  10  marine  leagues  in  width,  separating 
the  British  possessions  from  the  bays,  ports,  inlets,  havens,  and 
waters  of  the  ocean,  and  extending  from  the  said  point  on  the  56th 
degree  of  latitude  north  to  a point  where  such  line  of  demarcation 
should  intersect  the  141st  degree  of  longitude  west  of  the  meridian 
of  Greenwich  ? • 

6.  If  the  foregoing  question  should  be  answered  in  the  negative  and 
in  the  event  of  the  summit  of  such  mountains  proving  to  be  in  places 
more  than  10  marine  leagues  from  the  coast  should  the  width  of  the 
lisiere,  which  was  to  belong  to  Russia  be  measured  (1)  from  the  main- 
land coast  of  the  ocean,  strictly  so-called  along  a line  perpendicular 
thereto,  or  (2)  was  it  the  intention  and  meaning  of  the  said  Conven- 
tion that  where  the  mainland  coast  is  indented  by  deep  inlets  form- 
ing part  of  the  territorial  waters  of  Russia,  the  width  of  the  lisiere 
was  to  be  measured  {a)  from  the  line  of  the  general  direction  of  the 
mainland  coast,  or  {h)  from  the  line  separating  the  waters  of  the 
ocean  from  the  territorial  waters  of  Russia,  or  (c)  from  the  heads  of 
the  aforesaid  inlets? 

7.  What,  if  any  exist,  are  the  mountains  referred  to  as  situated 
parallel  to  the  coast,  which  mountains,  when  within  10  marine 
leagues  from  the  coast,  are  declared  to  form  the  eastern  boundary? 

And  whereas  His  Britannic  Majesty  duly  appointed  Richard  Ever- 
ard,  Baron  Alverstone,  G.  C.  M G.  Lord  Chief  Justice  of  England, 
Sir  Louis  Amable  Jette  K C M G Lieutenant-Governor  of  the  Prov- 
ince of  Quebec,  and  Allen  Bristol  Aylesworth  one  of  His  Majesty’s 
Counsel,  and  the  President  of  the  United  States  of  America  duly 
appointed  the  Honourable  Elihu  Root  Secretary  of  War  of  the 
United  States,  the  Honourable  Henry  Cabot  Lodge,  Senator  of  the 
United  States  from  the  State  of  Massachusetts  and  the  Honourable 
George  Turner  of  the  State  of  Washington,  to  be  members  of  the  said 
Tribunal. 

Now  therefore  we  the  Undersigned  having  each  of  us  first  sub- 
scribed an  oath  as  provided  by  the  said  Convention  and  having  taken 
into  consideration  the  matters  directed  by  the  said  Convention  to  be 


794 


TBEATIES,  CONVENTIONS,  ETC. 


considered  by  us,  and  having  judicially  considered  the  said  questions 
submitted  to  us,  do  hereby  make  Answer  and  Award  as  follows : — 

In  answer  to  the  f^rst  question 

The  Tribunal  unanimously  agrees  that  the  point  of  commencement 
of  the  line  is  Cape  Muzon. 

In  answer  to  the  second  question 

The  Tribunal  unanimously  agrees  that  the  Portland  Channel  is  the 
Channel  which  runs  from  about  55°  56'  NL  and  passes  to  the  north  of 
Pearse  and  Wales  Islands. 

A majority  of  the  Tribunal  that  is  to  say  Lord  Alverstone  Mr 
Root  Mr  Lodge  and  Mr  Turner  decides  that  the  Portland  Channel 
after  passing  to  the  north  of  Wales  Island  is  the  channel  between 
Wales  Island  and  Sitklan  Island  called  Tongass  Channel.  The 
Portland  Channel  above  mentioned  is  marked  throughout  its  length 
by  a dotted  red  line  from  the  point  B to  the  point  marked  C on  the 
map  signed  in  duplicate  by  the  members  of  the  Tribimal  at  the  time 
of  signing  their  decision. 

In  answer  to  the  third  question 

A majority  of  the  Tribunal  that  is  to  say  Lord  Alverstone  Mr  Root 
Mr  Lodge  and  Mr  Turner  decides  that  the  course  of  the  line  from  the 
point  of  commencement  to  the  entrance  to  Portland  Channel  is  the 
line  marked  A B in  red  on  the  aforesaid  map. 

In  answer  to  the  fourth  question 

A majority  of  the  Tribunal  that  is  to  say  Lord  Alverstone  Mr  Root 
Mr  Lodge  and  Mr  Turner  decides  that  the  point  to  which  the  line  is 
to  be  drawn  from  the  head  of  the  Portland  Channel  is  the  point  on 
the  56th  parallel  of  latitude  marked  D on  the  aforesaid  map  and  the 
course  which  the  line  should  follow  is  drawn  from  C to  D on  the 
aforesaid  map. 

In  answer  to  the  fifth  question 

A ma  jority  of  the  Tribunal,  that  is  to  say  Lord  Alverstone  Mr  Root 
Mr  Lodge  and  Mr  Turner  decides  that  the  answer  to  the  above  ques- 
tion is  in  the  affirmative 

Question  five  having  been  answered  in  the  affirmative  question  six 
requires  no  answer. 

In  answer  to  the  seventh  question 

A majority  of  the  Tribunal  that  is  to  say  Lord  Alverstone,  Mr  Root, 
Mr  Lodge  and  Mr  Turner  decides  that  the  mountains  marked  S on 
the  aforesaid  map  are  the  mountains  referred  to  as  situated  parallel 
to  the  coast  on  that  part  of  the  coast  where  such  mountains  marked 
S are  situated  and  that  between  the  points  marked  P (mountain 
marked  S 8,000)  on  the  north  and  the  point  marked  T (mountain 
marked  S 7,950)  in  the  absence  of  further  survey  the  evidence  is  not 
sufficient  to  enable  the  Tribunal  to  say  which  are  the  mountains  par- 
allel to  the  coast  within  the  meaning  of  the  Treaty. 

In  witness  whereof  we  have  signed  the  above  written  decision  upon 
the  questions  submitted  to  us. 

Signed  in  duplicate  this  twentieth  day  of  October  1903. 

Alverstone. 

Elihtj  Root 
Henry  Cabot  Lodge 

Witness  George  Turner 

Reginald  Tower: 

Secretary. 


GEEAT  BKITAIN — ^1905. 


795 


1905. 

Tkeatt  Relinquishing  Extraterritorial  Rights  in  Zanzibar. 

Concluded  February  25^  1905;  ratifications  advised  by  the  Senate 

March  <§,  1905;  ratified  by  the  President  May  12^  1905;  ratifieations 

exchanged  June  12, 1905;  proclaimed  June  12, 1905. 

Abticles. 

I.  Relinquishment  of  extraterritorial  rights. 

II.  Jurisdiction  of  British  Courts 

III.  Ratification. 

The  United  States  of  America  and  His  Majesty  the  King  of  the 
United  Kingdom  of  Great  Britain  and  Ireland  and  of  the  British 
Dominions  beyond  the  Seas,  Emperor  of  India,  acting  in  the  name 
of  His  Highness  the  Sultan  of  Zanzibar,  have,  for  the  purposes 
hereinafter  stated,  appointed  as  their  Plenipotentiaries,  namely : 

The  President  of  the  United  States  of  America,  the  Honorable 
John  Hay,  Secretary  of  State  of  the  United  States  of  America ; and 

His  Britannic  Majesty,  the  Right  Honorable  Sir  Henry  Mortimer 
Durand,  G.  C.  M.  G.,  K.  C.  S.  I.,  K.  C.  I.  E.,  his  Ambassador  Extraor- 
dinary and  Plenipotentiary  near  the  Government  of  the  United 
States ; 

Who,  after  having  communicated  each  to  the  other  their  respective 
full  powers,  found  in  good  and  due  form,  have  agreed  upon  the 
following  articles: 

Article  I. 

The  United  States  of  America  agrees  to  renounce  in  the  British 
Protectorate  of  Zanzibar,  and  in  that  part  of  the  mainland  dominions 
of  His  Highness  the  Sultan  of  Zanzibar  which  lies  within  the  Pro- 
tectorate of  British  East  Africa,  the  extraterritorial  rights  secured  to 
it  by  the  treaty  of  September  21,  1833,  between  the  United  States 
and  the  Sultan  of  Muscat,  and  the  treaty  of  July  3,  1886,  between  the 
United  States  and  Zanzibar. 

The  jurisdiction  exercised  thereunder  by  consular  courts  of  the 
United  States  in  the  British  Protectorate  of  Zanzibar  and  in  that  part 
of  the  mainland  dominions  of  His  Highness  the  Sultan  of  Zanzibar 
which  is  under  British  protection,  and  all  the  exceptional  privileges, 
exemptions,  and  immimities  enjoyed  by  citizens  of  the  United  States 
as  a part  of  or  appurtenant  to  such  jurisdiction,  shall  absolutely  cease 
and  determine.  It  being  understood,  however,  that  this  renunciation 
shall  not  take  effect  until  such  time  as  the  rights  of  extraterritoriality 
enjoyed  in  Zanzibar  by  other  nations  shall  have  been  likewise  re- 
nounced. 

Article  II. 

In  consideration  of  this  renunciation  by  the  United  States  of  Amer- 
ica, the  Government  of  His  Britannic  Majesty  agrees  to  empower  the 
competent  British  courts  which  have  been  established  in  the  British 
Protectorate  of  Zanzibar  and  in  that  part  of  the  mainland  dominions 


796 


TREATIES,  CONVENTIONS,  ETC. 


of  His  Highness  the  Sultan  of  Zanzibar  which  is  under  British  pro- 
tection, to  exercise  jurisdiction  over  citizens  of  the  United  States  the 
same  as  over  British  subjects  and  British  protected  persons,  and  that 
citizens  of  the  United  States  shall  have  in  and  before  said  courts  all 
the  rights  and  privileges  that  belong  and  are  accorded  therein  to 
British  subjects  and  to  British  protected  persons. 

Article  III. 

The  present  Convention  shall  be  ratified  by  the  President  of  the 
United  States  of  America,  by  and  with  the  advice  and  consent  of  the 
Senate  thereof,  and  by  His  Britannic  Majesty,  and  the  ratifications 
shall  be  exchanged  at  Washington  as  soon  as  possible. 

In  faith  whereof,  we,  the  respective  Plenipotentiaries,  have  signed 
this  Convention  and  have  hereunto  affixed  our  seals. 

Done  in  duplicate  at  the  City  of  Washington  this  twenty-fifth  day 
of  February,  in  the  year  of  our  Lord  one  thousand  nine  hundred  and 
five. 

John  Hay  [seal.] 

H M Durand  [seal.] 


1905. 

Alaskan  Boundary. — Exchange  of  Notes. — Acceptance  or  the 
Report  of  the  Commissioners  to  Complete  the  Award  Under 
THE  Convention  of  January  24,  1903,  Respecting  the  Bol^’^dary 
Line  Betaveen  Alaska  and  the  British  North  American 
Possessions. 

Agreement  effected  hy  exchange  of  notes,  March  26, 1905. 

Department  of  State 

W ashington  March  26, 1905 

Excellency, — Referring  to  your  note  of  October  1st,  and  Mr. 
Hay’s  reply  of  December  2d,  1904,  in  regard  to  the  report  by  IMessrs. 
O.  H.  Tittmann  and  W.  F.  King,  the  Commissioners  appointed  to 
carry  out  the  delimitation  of  the  Alaska  boundary  so  far  as  it  was 
left  undefined  by  the  Award  of  the  London  Tribunal,  and  concern- 
ing the  character  of  our  agreement  between  the  United  States  and 
Great  Britain  for  the  formal  acceptance  of  the  recommendations  of 
the  Commissioners  by  an  exchange  of  notes,  I have  the  honor  to  state, 
by  direction  of  the  President,  that  the  Government  of  the  United 
States  agrees  with  the  Government  of  His  Britannic  Majesty  that 
the  part  of  the  boundary  between  Alaska  and  Canada  lying  between 
the  points  P and  T mentioned  in  the  award  of  the  Tribunal  of  1903, 
shall  be  defined,  in  accordance  with  the  general  principles  laid  down 
by  said  Tribunal,  by  the  summits  whose  geographical  coordinates 
are  given  with  sufficient  approximation  for  identification  in  the  at- 
tached Table,  provided  that  the  Commissioners  are  hereby  em- 
powered, after  they  have  secured  sufficient  data,  to  select  additional 
and  intermediate  peaks  between  the  points  7 and  8 and  8 and  T where 
the  distances  between  the  peaks  given  in  the  Table  exceed  the  proba- 
ble limit  of  intervisibility.  Provided  also  that  no  such  additional 
and  intermediate  peak  shall  be  more  than  2,500  meters  from  the 


GBEAT  BEITAIN — ^1905. 


797 


straight  line  joining  peaks  7 and  8 or  8 and  T of  the  attached  Table, 
as  follows : 


TABLE  SHOWING  THE  POSITIONS  AND  DISTANCES  OF  PEAKS. 


The  latitudes  and  longitudes  are  taken  from,  and  refer  to,  the  Maps 
numbers  10  and  12  of  the  surveys  made  by  the  British  Commission 
under  the  Convention  of  1892.  The  successive  peaks  are  designated 
by  consecutive  numbers,  counting  southward  from  Point  P. 


Points. 

Latitude. 

Longitude. 

From. 

to 

Approxi- 
mate Dis- 
tances 

Sheet  12 

1 

58 

36 

29 

133 

41 

tt 

55 

P 

1 

Meters 

15,840 

12,800 

2 

58 

31 

01 

133 

33 

14 

1 

2 

3 

58 

24 

40 

133 

26 

09 

2 

3 

13; 680 

4,000 

4 

58 

22 

35 

133 

27 

09 

3 

4 

6 

58 

16 

10 

133 

21 

08 

4 

5 

13,200 

6 

58 

13 

24 

133 

16 

48 

5 

6 

6,960 

9,700 

81,440 

7 

58 

09 

07 

133 

11 

10 

6 

7 

Sheet  10 

7 

8 

8 

57 

29 

47 

132 

32 

52 

8 

T 

36,800 

Your  acknowledgment  of  this  communication,  with  a similar  state- 
ment on  behalf  of  the  Government  of  His  Majesty  will  complete  the 
agreed  Exchange  of  Notes  and  will  confirm  and  give  validity  to  the 
agreement  reached  by  the  Commissioners,  thus  completing  the  award 
of  the  London  Tribunal  under  the  Convention  of  January  24,  1903 
as  to  the  above-described  part  of  the  Alaska  boundary. 

Expressing  the  President’s  satisfaction  at  this  settlement  of  the 
matter,  I have  the  honor  to  be, 

Your  Excellency’s  obedient  servant 

Alvey  a.  Adee 
Acting  Secretary  of  State. 

His  Excellency 

The  Right  Honble. 

Sir  H.  M.  Durand,  G.  C.  M.  G.,  K.  C.  S.  I.,  K.  C.  I.  E. 
etc  etc  etc. 


British  Embassy, 
'Washington.,  March  25th;  1905. 

Sir,  I have  the  honour  to  acknowledge  the  receipt  of  your  note 
No.  187  of  this  date,  in  regard  to  the  report  by  Messrs.  W.  F.  King 
and  O.  H.  Tittmann,  the  Commissioners  appointed  to  carry  oui  the 
delimitation  of  the  Alaska  Boundary  so  far  as  it  was  left  undefined 
by  the  Award  of  the  London  Tribunal,  and  concerning  the  character 
of  an  agreement  between  Great  Britain  and  the  United  States  for 
the  formal  acceptance  of  the  recommendations  of  the  Commissioners 
by  an  exchange  of  notes. 

By  direction  and  on  behalf  of  the  Government  of  His  Britannic 
Majesty,  I have  the  honour  to  state  that  the  Government  of  His 
Majesty  agrees  with  the  Government  of  the  United  States  that  the 
part  of  the  boundary  between  Canada  and  Alaska  lying  between  the 
points  P and  T mentioned  in  the  award  of  the  Tribunal  of  1903,  shall 
be  defined,  in  accordance  with  the  general  principles  laid  down  by 


798 


TREATIES,  CONVENTIONS,  ETC. 


said  Tribunal,  by  the  summits  whose  geographical  coordinates  are 
given  with  sufficient  approximation  for  identification  in  the  attached 
Table,  provided  that  the  Commissioners  are  hereby  empowered,  after 
they  have  secured  sufficient  data,  to  select  additional  and  intermediate 
peaks  between  the  points  7 and  8 and  8 and  T where  the  distances 
between  the  peaks  given  in  the  Table  exceed  the  probable  limit  of 
intervisibility.  Provided  also  that  no  such  additional  and  inter- 
mediate peak  shall  be  more  than  2,500  meters  from  the  straiofht  line 
joining  peaks  7 and  8 or  8 and  T of  the  attached  Table,  as  follows: 


TABLE  SHOWING  THE  POSITIONS  AND  DISTANCES  OF  PEAKS. 

The  latitudes  and  longitudes  are  taken  from,  and  refer  to,  the  Maps 
numbers  10  and  12  of  the  surveys  made  by  the  British  Commission 
under  the  Convention  of  1892.  The  successive  peaks  are  designated 
by  consecutive  numbers,  counting  southward  from  Point  P. 


Points. 

Latitude. 

Longitude. 

From. 

To. 

Approxi- 
mate Dis- 
tances. 

Sheet  12 

1 

58 

36 

29 

133 

41 

P 

1 

Meters. 

15, 840 
12,800 
13,680 
4,000 

2 

58 

31 

01 

133 

33 

14 

1 

2 

3 

58 

24 

40 

133 

26 

09 

2 

3 

4 

58 

22 

35 

133 

27 

09 

3 

4 

5 

58 

16 

10 

133 

21 

08 

4 

5 

13,200 

6,960 

6 

58 

13 

24 

133 

16 

48 

5 

6 

7 

58 

09 

07 

133 

11 

10 

6 

7 

9,700 

81,440 

36,800 

7 

8 

8 

57 

29 

47 

132 

32 

52 

8 

T 

I am  instructed  to  express  the  gratification  of  my  Government  that, 
by  this  Exchange  of  Notes,  confirmation  and  validity  are  given  to  the 
agreement. reached  by  the  Commissioners,  thus  completing  the  award 
of  the  London  Tribunal,  under  the  Convention  of  January  24,  1903, 
as  to  the  above-described  part  of  the  Alaska  Boundary. 

I have  the  honour  to  be. 

With  the  highest  consideration, 

Sir, 

Your  most  obedient, 

humble  Servant, 


The  Honorable  John  Hay, 

Secretary  of  State,  etc.,  etc.,  etc. 


H M Durand 


1905. 


Supplementary  Extradition  Convention. 

Concluded  April  12, 1905;  ratification  advised  hy  the  Senate  Decem- 
her  13,  1905;  ratified  l)y  the  President  December  21,  1906;  ratifi- 
cations exchanged  December  31,  1906;  proclaimed  February  12, 
1907. 

Articles. 

I.  Extraditable  crimes.  (II.  Ratification ; duration. 

The  President  of  the  United  States  of  America  and  His  Majesty  the 
King  of  the  United  Kingdom  of  Great  Britain  and  Ireland  and  of  the 


GREAT  BRITAIN- — 1905. 


799 


British  Dominions  beyond  the  Seas,  Emperor  of  India,  being  desirous 
of  enlarging  the  list  of  crimes  on  account  of  which  extradition  may 
be  granted  under  the  Conventions  concluded  between  the  United 
States  and  Great  Britain  on  the  12th  July,  1889,  and  the  13th  Decem- 
ber, 1900,  with  a view  to  the  better  administration  of  justice  and  the 
prevention  of  crime  in  their  respective  territories  and  jurisdictions, 
have  resolved  to  conclude  a Supplementary  Convention  for  this  pur- 
pose and  have  appointed  as  their  Plenipotentiaries,  to  wit : 

The  President  of  the  United  States,  the  Honourable  Joseph  Hodges 
Choate,  Ambassador  Extraordinary  and  Plenipotentiary  of  the 
United  States  at  the  Court  of  His  Britannic  Majesty : 

And  his  Britannic  Majesty,  the  Most  Honourable  Henry  Charles 
Keith  Petty-Fitzmaurice,  Marquess  of  Lansdowne,  His  Majesty’s 
Principal  Secretary  of  State  for  Foreign  Affairs; 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers,  which  were  found  to  be  in  due  and  proper  form,  have  agreed 
to  and  concluded  the  following  Articles : 

Article  I. 

The  following  crimes  are  added  to  the  list  of  crimes  numbered  1 to 
10  in  the  1st  Article  of  the  said  Convention  of  the  12th  July,  1889, 
and  to  the  list  of  crimes  numbered  11  to  13  in  Article  I of  the  Supple- 
mentary Convention  concluded  between  the  United  States  and  Great 
Britain  on  the  13th  December,  1900,  that  is  to  say : 

14.  Bribery,  defined  to  be  the  offering,  giving  or  receiving  of  bribes 
made  criminal  by  the  laws  of  both  countries. 

15.  Offences,  if  made  criminal  by  the  laws  of  both  countries,  against 
bankruptcy  law. 

Article  II. 

The  present  Convention  shall  be  considered  as  an  integral  part  of 
the  said  Extradition  Conventions  of  the  12th  July,  1889,  and  the  13th 
December,  1900,  and  the  1st  Article  of  the  said  Convention  of  the  12th 
July,  1889,  shall  be  read  as  if  the  lists  of  crimes  therein  contained  had 
originally  comprised  the  additional  crimes  specified  and  numbered  14 
and  15  in  the  1st  Article  of  the  present  Convention. 

The  present  Convention  shall  be  ratified,  and  the  ratifications  shall 
be  exchanged  either  at  Washington  or  London  as  soon  as  possible. 

It  shall  come  into  force  ten  days  after  its  publication  in  conformity 
with  the  laws  of  the  High  Contracting  Parties,  and  it  shall  continue 
and  terminate  in  the  same  manner  as  the  said  Convention  of  the  12th 
July,  1889. 

In  testimony  whereof  the  respective  Plenipotentiaries  have  signed 
the  present  Convention  in  duplicate,  and  have  thereunto  affixed  their 
seals. 

Done  at  London,  this  12th  day  of  April,  1905. 

[l.  s.]  Joseph  H.  Choate, 
[l.  8.]  Lansdowne. 


800 


TKEATIES,  CONVENTIONS,  ETC. 

1905. 

Protection  of  Trade-marks  in  China. 
Agreement  efected  hy  exchange  of  notes,  June  28, 1905. 


British  Embassy, 
Lenox,  Mass.,  August  16,  lOOlf.. 

Sir:  Under  an  Order  in  Council  of  the  2nd  February,  1899,  it  is 
open  to  a foreigner  whose  trade-mark  has  been  infringed  by  a British 
subject  in  China  to  take  proceedings  against  the  latter  in  the  British 
Consular  Court,  provided — 

(1)  That  the  consent  in  writing  of  His  Majesty’s  Minister  or 
Charge  d’Atfaires  be  obtained  to  the  prosecution ; but 

(2)  Such  consent  may  be  withheld  unless  His  Majesty’s  Minister 
or  Charge  d’Affaires  is  satisfied  that  effectual  provision  exists  for 
the  punishment  in  Consular  or  other  Courts  in  China  of  similar  acts 
committed  by  the  subjects  of  the  State  or  Power  of  which  such  prose- 
cutor is  a subject. 

By  correspondence  with  the  French,  German  and  Italian  repre- 
sentatives in  London,  it  has  been  ascertained  that  provision  exists 
for  the  punishment  in  the  Consular  Courts  of  France,  Germany,  and 
Italy  in  China  of  citizens  or  subjects  of  those  countries  should  they 
infringe  British  trade-marks,  and  the  necessary  information  has  been 
given  to  His  Majesty’s  Representative  in  Peking  and  to  the  Repre- 
sentatives there  of  the  three  countries  mentioned  to  enable  them  to 
carry  out  the  arrangements  desired  by  their  Governments  for  the 
mutual  protection  of  their  trade-marks. 

I am  instructed  by  His  Majesty’s  Principal  Secretary  of  State  for 
Foreign  Affairs  to  enquire  whether  the  Government  of  the  United 
States  would  be  disposed  to  conclude  a similar  arrangement  with  His 
Majesty’s  Government. 

I have  the  honour  to  be,  with  the  highest  consideration,  sir,  your 
most  obedient,  humble  Servant, 

(Signed)  H M Durand 

The  Honourable  John  Hay, 

Secretary  of  State,  etc.,  etc.,  etc. 


GBEAT  BRITAIN ^1905. 


801 


Department  of  State. 

W ashing ton^  September  23,  190 Jf. 

Excellency  : I have  the  honor  to  acknowledge  the  receipt  of  your 
note  of  the  16th  ultimo  inquiring  whether  this  Government  would  be 
disposed  to  conclude  with  that  of  Great  Britain  an  agreement  pro- 
viding for  the  punishment  in  the  consular  courts  of  the  United  States 
of  American  citizens  infringing  British  trade-marks  in  China  and 
for  the  punishment  in  the  consular  courts  of  Great  Britain  of  British 
subjects  infringing  American  trade-marks  in  China. 

The  Government  of  the  United  States  is  of  the  opinion  that  some 
arrangement  of  this  sort  would  be  advantageous  to  its  citizens  doing 
business  in  China,  and  is  therefore  willing  to  enter  into  such  an  agree- 
ment with  regard  to  China  as  it  already  has  with  your  Govern- 
ment for  the  reciprocal  protection  of  trade-marks  in  Morocco. 
Under  that  agreement  the  American  consular  courts  in  Morocco  pro- 
tect British  subjects  against  the  infringement  by  American  citizens 
in  Morocco  of  such  of  their  trade-marks  as  have  been  duly  registered 
in  the  United  States,  and  the  British  consular  courts  afford  like  pro- 
tection to  American  citizens  against  the  infringement  by  British  sub- 
jects of  such  of  their  trade-marks  as  have  been  duly  registered  in 
Great  Britain. 

If  this  is  satisfactory  to  your  Government,  the  proposed  agreement 
could  be  effected  by  an  exchange  of  notes  as  in  the  case  of  Morocco. 

I have  the  honor  to  be,  with  highest  consideration,  your  excellency’s 
most  obedient  servant, 

Francis  B.  Loomis, 

Acting  Secretary. 

His  Excellency  the  Right  Honorable 

Sir  H.  M.  Durand,  G.  C.  M.  G.,  K.  C.  S.  I.,  K.  C.  I.  E., 

etc.,  etc.,  etc. 


British  Embassy, 

W ashington,  April  10, 1905. 

Sir,  I communicated  to  His  Majesty’s  Secretary  of  State  for  For- 
eign Affairs  your  note  of  September  23, 1904  relative  to  the  proposed 
Agreement  between  His  Majesty’s  Government  and  the  United  States 
Government  for  the  mutual  protection  of  British  and  American 
Trade  Marks  in  China. 

I am  now  in  receipt  of  a despatch  from  Lord  Landsdowne  stating 
that  His  Majesty’s  Government  agree  in  the  proposal  put  forward  in 
that  note  that  an  arrangement  should  be  come  to  between  the  two 
Governments  with  regard  to  China,  such  as  already  exists  between 
them  for  the  reciprocal  protection  of  Trade  Marks  in  Morocco. 

I am  directed  to  inform  you  of  the  concurrence  of  His  Majesty’s 
Government  in  the  proposal,  and  to  add  that  the  necessary  instruc- 
tions on  the  subject  will  be  sent  to  His  Majesty’s  Minister  at  Peking. 

I have  the  honour  to  be,  with  high  consideration,  sir,  your  most 
obedient,  humble  servant, 

H M Durand 

The  Honourable  Francis  B.  Loomis, 

Acting  Secretary  of  State,  etc.,  etc.,  etc. 

24449— VOL  1—10 51 


802 


TBEATIES,  CONVENTIONS,  ETC. 


Department  of  State, 

W ashing  ton,  April  17,  1905. 

Excellency  : I have  the  honor  to  acknowledge  the  receipt  of  ^our 
note  of  the  10th  instant  informing  me  of  the  concurrence  ot  his 
Majesty’s  Government  in  the  proposal  made  by  this  Department’s 
note  of  September  23,  1904,  that  the  agreement  between  the  Govern- 
ment of  the  United  States  and  that  of  His  Britannic  Majesty  for  the 
mutual  protection  of  American  and  British  trade-marks  in  China, 
be  etfected  by  an  exchange  of  notes,  as  was  done  in  the  case  of  the 
reciprocal  protection  of  trade-marks  in  Morocco,  and  that  the  neces- 
sary instructions  on  the  subject  would  be  sent  to  His  Majesty’s  Min- 
ister at  Peking. 

In  accordance  with  the  understanding  thus  reached,  instructions 
have  this  day  been  addressed  to  the  American  Minister  at  Peking 
directing  him  to  effect  the  exchange  of  notes  with  His  Majesty’s 
Minister  there. 

I have  the  honor  to  be,  with  the  highest  consideration,  your  excel- 
lency’s most  obedient  servant 

(Signed)  Francis  B.  Loomis 

Acting  Secretary. 

His  Excellency  the  Eight  Honorable 

Sir  H.  M.  Durand,  G.  C.  M.  G.,  K.  C.  S.  I.,  K.  C.  I.  E., 

etc.,  etc.,  etc. 


American  Legation, 
Peking,  China,  June  2S,  1905. 

Mr.  Minister  and  Dear  Colleague:  The  Acting  Secretary  of 
State  of  the  United  States  has  informed  me  in  an  instruction  dated 
April  17,  1905,  that  you  have  been  authorized  by  jmur  Government  to 
enter  into  a reciprocal  agreement  with  me  for  the  mutual  protection 
of  trade  marks  registered  in  the  United  States  and  Great  Britain 
against  infringement  in  China  by  the  citizens  or  subjects  of  our 
respective  nations,  and  he  has  given  me  authority  to  effect  with  you 
by  an  exchange  of  notes  an  agreement  for  the  reciprocal  protection 
of  American  and  British  trade  marks  in  China. 

In  pursuance  of  the  general  agreement  reached  between  our  respec- 
tive governments  on  the  subject,  it  affords  me  much  satisfaction  to 
agree  on  behalf  of  the  government  of  the  United  States,  that  hence- 
forth trade  marks  of  British  subjects,  having  been  duly  registered 
in  the  United  States  of  America,  will  be  protected  against  infringe- 
ment by  such  persons  as  come  under  the  jurisdiction  of  the  United 
States  Consular  Courts  in  China,  in  which  effectual  provision  exists 
for  the  punishment  of  such  infringements  by  American  citizens. 

I have  the  honor  to  be,  my  dear  colleague,  your  obedient  servant, 

(sgd.)  W.  W.  Eockhill. 


Peking,  June  28,  1905. 

Mr.  Minister  and  Dear  Colleague  : I have  the  honour  to  acknowl- 
edge the  receipt  of  your  letter  of  this  date,  informing  me  that  you 


GEEAT  BEITAIK — ^1905^1906. 


803 


have  been  authorized  by  your  Government  to  effect  with  me  by  an 
exchange  of  notes  an  agreement  for  the  reciprocal  protection  of 
American  and  British  trademarks. 

I beg  to  thank  you  for  this  communication  and  to  assure  that  it 
affords  me  much  satisfaction  to  enter  into  this  reciprocal  agreement, 
and  henceforth  protection  will  be  afforded  in  China  by  His  Britannic 
Majesty’s  Supreme  Court  for  China  and  Corea  and  the  Provincial 
Courts  to  trademarks  of  citizens  of  the  United  States  which  have 
been  duly  registered  in  Great  Britain  in  conformity  with  “ Th"  Pat- 
ents, Designs,  and  Trademarks  Acts,  1883  to  1888.” 

At  the  same  time  it  appears  necessary  to  mention  that  the  consent 
in  writing  of  His  Majesty’s  Minister  or  Charge  d’Affaires  must  be 
obtained  on  each  occasion,  which  consent  will  be  given  as  a matter  of 
course  in  consequence  of  the  assurance  contained  in  your  Note  under 
reply  that  effectual  provision  exists  for  the  punishment  in  the  United 
States  Consular  Courts  in  China  of  infringement,  by  such  persons  as 
come  under  the  jurisdiction  of  those  Courts,  of  the  trademarks  of 
British  subjects  which  shall  have  been  duly  registered  in  the  United 
States  of  America. 

I have  the  honour  to  be,  sir,  your  obedient  servant, 

( Sgd)  Ernest  Satow. 

His  Excellency,  the  Honourable  W.  W.  Kockhill, 

etc.,  etc.,  etc. 


1906. 

Axaskan  Boundary  Con\’ention. 

Concluded  Afril  21,  1906;  ratification  advised  hy  the  Senate  Apnl 
25,  1906;  ratified  hy  the  President  July  10,  1906;  ratifications  ex- 
changed August  16, 1906;  'proclaimed  August  21, 1906. 

Articles. 

I.  Appointment  of  Commissioners.  IV.  Reports. 

II.  Marking  of  meridian.  V.  Ratification. 

III.  Expenses. 

Whereas  by  a treaty  between  the  United  States  of  America  and 
His  Majesty  the  Emperor  of  all  the  Eussias,  for  the  cession  of  the 
Russian  possessions  in  North  America  to  the  United  States,  con- 
cluded March  30,  1867,  the  most  northerly  part  of  the  boundary 
line  between  the  said  Russian  possessions  and  those  of  His  Britannic 
Majesty,  as  established  by  the  prior  convention  between  Russia  and 
Great  Britain,  of  Febiiiary  28/16,  1825,  is  defined  as  following  the 
141st  degree  of  longitude  west  from  Greenwich,  beginning  at  the 
point  of  intersection  of  the  said  141st  degree  of  west  longitude 
with  a certain  line  drawn  parallel  with  the  coast,  and  thence  con- 
tinuing from  the  said  point  of  intersection,  upon  the  said  meridian 
of  the  141st  degree  in  its  prolongation  as  far  as  the  Frozen  Ocean ; 

And  whereas,  the  location  of  said  meridian  of  the  141st  degree 
of  west  longitude  between  the  terminal  points  thereof  defined  in  said 
treaty,  is  dependent  upon  the  scientific  ascertainment  of  conven- 


804 


TREATIES,  CONVENTIONS,  ETC. 


ient  points  along  the  said  meridian  and  the  survey  of  the  country 
intermediate  between  such  points,  involving  no  question  of  inter- 
pretation of  the  aforesaid  treaties  but  merely  the  determination  of 
such  points  and  their  connecting  lines  by  the  ordinary  processes  of 
observation  and  survey  conducted  by  competent  astronomers,  engi- 
neers and  surveyors; 

And  whereas  such  determination  has  not  hitherto  been  made  by 
a joint  survey  as  is  requisite  in  order  to  give  complete  effect  to  said 
treaties ; 

The  United  States  of  America  and  His  Majesty  the  King  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  and  of  the  British 
Dominions  beyond  the  Seas,  Emperor  of  India,  being  equally  desir- 
ous to  provide  for  the  surveying  and  marking  out  upon  the  ground 
of  the  said  astronomical  line  established  by  existing  treaties,  and 
thus  to  remove  any  possible  cause  of  difference  between  their  respec- 
tive governments  in  regard  to  the  location  of  the  said  141st  merid- 
ian of  West  Longitude,  have  resolved  to  conclude  a convention  to 
that  end,  and  for  that  purpose  have  appointed  their  respective 
plenipotentiaries : 

The  President  of  the  United  States  of  America,  The  Honorable 
Elihu  Root,  Secretary  of  State  of  the  United  States,  and 

His  Britannic  Majesty,  The  Right  Honorable  Sir  H.  Mortimer 
Durand,  G.  C.  M.  G.,  K.  C.  S.  I.,  K.  C.  I.  E.,  His  Majesty’s  Ambas- 
sador Extraordinary  and  Plenipotentiary  to  the  United  States; 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers,  which  were  found  in  due  and  proper  form,  have  agreed 
to  and  concluded  the  following  articles: 

Article  I. 

Each  Government  shall  appoint  one  Commissioner  with  whom 
may  be  associated  such  surveyors,  astronomers  and  other  assistants 
as  each  Government  may  elect. 

The  Commissioners  shall  at  as  early  a period  as  practicable  ascer- 
tain by  the  telegraphic  method  a convenient  point  on  the  141st 
meridian  of  West  Longitude  and  shall  then  proceed  under  their 
joint  direction  and  by  their  joint  operations  in  the  field,  to  trace  and 
mark  so  much  of  a north  and  south  line  passing  through  said  point  as 
is  necessary  to  be  defined  for  determining  the  exact  boundary  line  as 
established  by  the  said  Convention  of  28/16  February,  1825,  between 
the  possessions  in  America  of  His  Britannic  Majesty,  and  the  adja- 
cent possessions  in  America  formerly  belonging  to  His  Majesty  The 
Emperor  of  all  the  Russias  and  ceded  to  the  United  States  by  the  said 
Treaty  of  30th  March,  1867. 

Article  II. 

The  location  of  the  141st  meridian  as  determined  hereunder  shall 
be  marked  by  intervisible  objects,  natural  or  artificial,  at  such  dis- 
tances apart  as  the  Commissioners  shall  agree  upon  and  by  such 
additional  marks  as  they  shall  deem  necessary,  and  the  line  when  and 
where  thus  marked,  in  whole  or  in  part,  and  agreed  upon  by  the  Com- 
missioners, shall  be  deemed  to  define  permanently  for  all  international 
purposes  the  141st  meridian  mentioned  in  the  treaty  of  February 
28/16, 1825,  between  Great  Britain  and  Russia. 


CEEEAT  BRITAIN — ^1906. 


805 


The  location  of  the  marks  shall  be  described  by  such  views,  maps 
and  other  means  as  the  Commissioners  shall  decide  upon,  and  dupli- 
cate records  of  these  descriptions  shall  be  attested  by  the  Commis- 
sioners jointly  and  be  by  them  deposited  with  their  respective  Gov- 
ernments, together  with  their  final  report  hereinafter  mentioned. 

AKTICI.E  III. 

Each  Government  shall  bear  the  expenses  incident  to  the  employ- 
ment of  its  own  appointees  and  of  the  operations  conducted  by  them, 
but  the  cost  of  material  used  in  permanently  marking  the  meridian, 
and  of  its  transportation  and  erection  in  place,  shall  be  borne  equally 
and  jointly  by  the  two  Governments. 

ARTICIiE  IV. 

The  Commissioners  shall  diligently  prosecute  the  work  to  its  com- 
pletion and  they  shall  submit  to  their  respective  Governments  from 
time  to  timej  and  at  least  once  in  every  calendar  year,  a joint  report 
of  progress,  and  a final  comprehensive  report  upon  the  completion 
of  the  whole  work. 

Articlje  V. 

The  present  convention  shall  be  duly  ratified  by  the  President  of 
the  United  States  of  America,  by  and  with  the  advice  and  consent  of 
the  Senate  thereof,  and  by  His  Britannic  Majesty,  and  the  ratifica- 
tions shall  be  exchanged  at  Washington  or  at  London  as  soon  as 
possible. 

In  faith  whereof-  we  the  respective  plenipotentiaries  have  signed 
this  convention  and  liave  hereunto  affixed  our  seals. 

Done  in  duplicate  at  Washington  this  twenty-first  day  of  April,  in 
the  year  of  our  Lord  one  thousand  nine  hundred  and  six. 

Elihu  Root  [seal.] 

H M Dukand  [seal.] 


1806.“ 

Modus  Vivendi  Between  the  United  States  and  Great  Britain 
IN  Regard  to  Inshore  Fisheries  on  the  Treaty  Coast  of 
Newfoundland. 

Agreement  effected  ~by  exchange  of  notes  at  London  October  6-8, 1906. 

The  American  Ambassador  to  the  British  Foreign  Office. 

American  Embassy, 

London,  October  6th,  1906. 

Sir,  I am  authorized  by  my  Gevernment  to  ratify  a modus  vivendi 
in  regard  to  the  Newfoundland  Fishery  Question  on  the  basis  of  the 
Foreign  Office  Memorandum,  dated  the  25th  of  September  1906,  in 
which  you  accept  the  arrangement  set  out  in  my  Memorandum  of 
the  12th  of  September  and  consent  accordingly  to  the  use  of  purse 

“ See  renewals  of  modus  vivendi  concerning  Newfoundland  fisheries — 1907, 
page  811 ; 1908,  page  832 ; 1909,  page  844. 


806 


TREATIES,  CONVENTIONS,  ETC. 


seines  by  American  fishermen  during  the  ensuing  season,  subject  of 
course  to  due  regard  being  paid  in  the  use  of  such  implements  to 
other  modes  of  fishery,  which,  as  you  state,  is  only  intended  to  secure 
that  there  shall  be  the  same  spirit  of  give  and  take  and  of  respect  for 
common  rights  between  the  users  of  purse  seines  and  the  users  of  sta- 
tionary nets  as  would  be  expected  to  exist  if  both  sets  of  fishermen 
employed  the  same  gear. 

My  Government  understand  by  this  that  the  use  of  purse  seines  by 
American  fishermen  is  not  to  be  interfered  with,  and  that  the  ship- 
ment of  Newfoundlanders  by  American  fishermen  outside  the  3 mile 
limit  is  not  to  be  made  the  basis  of  interference  or  to  be  penalized ; at 
the  same  time  they  are  glad  to  assure  His  Majesty’s  Government, 
should  such  shipments  be  found  necessary,  that  they  will  be  made  far 
enough  from  the  exact  3 mile  limit  to.avoid  any  reasonable  doubt. 

On  the  other  hand  it  is  also  understood  that  our  fishermen  are  to  be 
advised  by  my  Government,  and  to  agree,  not  to  fish  on  Sunday. 

It  is  further  understood  that  His  Majesty’s  Government  will  not 
bring  into  force  the  Newfoundland  Foreign  Fishing  Vessels  Act  of 
1906  which  imposes  on  American  fishing  vessels  certain  restrictions 
in  addition  to  those  imposed  by  the  Act  of  1905,  and  also  that  the 
provisions  of  the  first  part  of  Section  I of  the  Act  of  1905,  as  to 
boarding  and  bringing  into  port,  and  also  the  whole  of  Section  3 of 
the  same  Act,  will  not  be  regarded  as  applying  to  American  fishing 
vessels. 

It  also  being  understood  that  our  fishermen  will  gladly  pay  light 
dues  if  they  are  not  deprived  of  their  rights  to  fish,  and  that  our 
fishermen  are  not  unwilling  to  comply  with  the  provisions  of  the 
Colonial  Customs  Law  as  to  reporting  at  a custom  house  when  physi- 
cally possible  to  do  so. 

I need  not  add  that  my  Government  are  most  anxious  that  the  pro- 
visions of  the  modus  vivendi  should  be  made  effective  at  the  earliest 
possible  moment.  I am  glad  to  be  assured  by  you  that  this  note  will 
be  considered  as  sufficient  ratification  of  the  modus  vivendi,  on  the 
part  of  my  Government. 

I have  the  honour  to  be,  with  the  highest  consideration.  Sir, 

Your  most  obedient,  humble  Servant, 

Whitelaw  Reid. 

The  Right  Honble.  Sir  Edward  Grey,  Bt., 

Etc.  Etc.  Etc. 


The  British  Foreign  Office  to  the  American  Ambassador. 

Foreign  Office,  October  8th,  1906. 

Your  Excellency,  I have  received  with  satisfaction  the  note  of 
the  6th  instant  in  which  Your  Excellency  states  that  you  have  been 
authorized  by  your  Government  to  ratify  a modus  vivendi  in  regard 
to  the  Newfoundland  Fishery  Question  on  the  basis  of  the  Memoran- 
dum which  I had  the  honour  to  communicate  to  you  on  the  25th 
ultimo,  and  I am  glad  to  assure  Your  Excellency  that  the  note  in 
question  will  be  considered  by  His  Majesty’s  Government  as  a sufii- 
cient  ratification  of  that  arrangement  on  the  part  of  the  United 
States  Government. 


GEE  AT  BEIT  AIN ^1906. 


807 


His  Majesty’s  Government  fully  share  the  desire  of  your  Govern- 
ment that  the  provisions  of  the  modus  vivendi  should  be  made  eflPect- 
ive  at  the  earliest  moment  possible  and  the  necessary  instructions  for 
its  observance  were  accordingly  sent  to  the  Government  of  New- 
foundland immediately  on  receipt  of  Your  Excellency’s  communi- 
cation. 

I ha  ve  the  honour  to  be,  with  the  highest  Consideration, 

Your  Excellency’s  most  obedient,  humble  Servant, 

(In  the  absence  of  the  Secretary  of  State) 

E.  Goest. 

His  Excellency  the  Honourable  Whitelaw  E,Em, 

Etc.  Etc.  Etc. 


MEMOEANDUM. 

My  Government  hears  with  the  greatest  concern  and  regret  that 
in  the  opinion  of  His  Majesty’s  Government  there  is  so  wide  a diver- 
gence of  views  with  regard  to  the  Newfoundland  Fisheries  that  an 
immediate  settlement  is  hopeless. 

But  it  is  much  gratified  with  His  Majesty’s  Government’s  desire  to 
reach  a modus  vivendi  for  this  season,  and  appreciates  the  readiness 
to  waive  the  Foreign  Fishing  Vessels  Act  of  1906.  This  and  other 
restrictive  legislation  had  compelled  our  fishermen  to  use  purse  seines 
or  abandon  their  treaty  rights. 

My  Government  sees  in  the  offer  not  to  apply  Section  3,  Act  of  1905 
and  that  part  of  Section  1 relating  to  boarding  fishing  vessels  and 
bringing  them  into  port  fresh  proof  of  a cordial  disposition  not 
to  press  unduly  this  kind  of  regulation. 

Our  fishermen  will  also  gladly  pay  light  dues,  if  not  hindered  in 
their  right  to  fish.  They  are  not  unwilling  either,  to  comply  with 
the  regulation  to  report  at  Custom  Houses,  when  possible.  It  is 
sometimes  physically  impossible,  however,  to  break  through  the  ice 
for  that  purpose. 

Most  unfortunately  the  remaining  proposals,  those  as  to  purse- 
seining  and  Sunday  fishing,  present  very  grave  difficulties. 

We  appreciate  perfectly  the  desire  of  His  Majesty’s  Government 
to  prevent  Sunday  fishing.  But  if  both  this  and  purse-seine  fishing 
are  taken  away,  as  things  stand  there  might  be  no  opportunity  for 
profitable  fishing  left  under  our  treaty  rights.  We  are  convinced 
that  purse  seines  are  no  more  injurious  to  the  common  fishery  than 
the  gill  nets  commonly  used — are  not  in  fact  so  destructive  and  do 
not  tend  to  change  the  migratory  course  of  the  herring  as  gill  nets 
do,  through  the  death  of  a large  percentage  of  the  catch  and  conse- 
quent pollution  of  the  water. 

The  small  amount  of  purse-seining  this  season  could  not  of  course 
materially  affect  the  common  fishery  anyway.  Besides  many  of  our 
fishermen  have  already  sailed,  with  purse  seines  as  usual,  and  the 
others  are  already  provided  with  them.  This  use  of  the  purse  seine 
. was  not  the  free  choice  of  our  fishermen.  They  have  been  driven 
to  it  by  local  regulations  and  the  continued  use  of  it  at  this  late  date 
this  year  seems  vital. 


808 


TREATIES,  CONVENTIONS,  ETC. 


But  we  will  renounce  Sunday  fishing  for  this  season  if  His  Maj- 
esty’s Government  will  consent  to  the  use  of  purse  seines,  and  we 
cannot  too  strongly  urge  an  acceptance  of  this  solution. 

American  Embassy,  London. 

September  12,  1906. 


MEMORANDUM. 

His  Majesty’s  Government  have  considered,  after  consultation 
with  the  Government  of  Newfoundland,  the  proposals  put  forward 
in  the  Memorandum  communicated  by  the  United  States  Ambassa- 
dor on  the  12th  instant,  respecting  the  suggested  “ modus  vivendi  ” 
in  regard  to  the  Newfoundland  Fishery  question. 

They  are  glad  to  be  able  to  state  that  they  accept  the  arrangement 
set  out  in  the  above  Memorandum  and  consent  accordingly  to  the 
use  of  purse  seines  by  United  States  fishermen  during  the  ensuing 
season,  subject,  of  course,  to  due  regard  being  paid,  in  the  use  of  such 
implements,  to  other  modes  of  fishery. 

His  Majesty’s  Government  trust  that  the  United  States  Govern- 
ment will  raise  no  objection  to  such  a stipulation,  which  is  only 
intended  to  secure  that  there  shall  be  the  same  spirit  of  give  and 
take  and  of  respect  of  common  rights  between  the  users  of  purse 
seines  and  the  users  of  stationary  nets  as  would  be  expected  to  exist 
if  both  sets  of  fishermen  employed  the  same  gear. 

They  further  hope  that,  in  view  of  this  temporary  authorization 
of  the  purse  seines,  the  United  States  Government  will  see  their  way 
to  arranging  that  the  practice  of  engaging  Newfoundland  fishermen 
just  outside  the  three  mile  limit  which  to  some  extent  prevailed  last 
year  should  not  be  resorted  to  this  year. 

An  arrangement  to  this  effect  would  save  both  His  Majesty’s  Gov- 
ernment and  the  Newfoundland  Government  from  embarrassment 
which  it  is  conceived,  having  regard  to  the  circumstances  in  which  the 
“ modus  vivendi  ” is  being  settled,  the  United  States  Government 
would  not  willingly  impose  upon  them.  Moreover  it  is  not  in  itself 
unreasonable,  seeing  that  the  unwillingness  of  the  United  States  Gov- 
ernment to  forego  the  use  of  purse  seines  ajipears  to  be  largely  based 
upon  the  inability  of  their  fishermen  to  engage  local  men  to  work  the 
form  of  net  recognized  by  the  Colonial  fishery  regulations. 

The  United  States  Government  assured  His  Majesty’s  late  Govern- 
ment in  November  last  that  they  would  not  countenance  a specified 
evasion  of  the  Newfoundland  Foreign  Fishing  Vessels  Act  1905,  and 
the  proposed  arrangement  would  appear  to  be  in  accordance  with  the 
spirit  which  prompted  that  assurance. 

Foreign  Office, 

September  25,  1906. 


1907. 

PROTECTION  OF  PATENTS  IN  ^MOROCCO. 

Agreemeri  ejected  by  Exchange  of  Notes 

Tangier,  Febraary  Ifth,  1907. 

Mr.  Minister  and  dear  Colueague: 

Referring  to  the  correspondence  which  has  taken  place  between 
our  two  Legations  on  the  subject  of  the  protection  of  Trade-Marks,  I 


GREAT  BRITAIN — ^1906. 


809 


have  the  honor  to  suggest  to  you  the  utility  of  extending  to  patents 
of  inventions  the  arrangement  which  is  in  force  with  respect  to 
Trade-Marks. 

To  this  end  I have  the  honor  to  inform  you  that  protection  will 
be  accorded  by  the  British  consular  tribunals  in  Morocco  to  American 
patents  of  inventions  which  have  been  duly  registered  in  Great 
Britain  in  conformity  with  “ Patents,  Designs  and  Trade-Marks  Acts 
1883-1888  ”,  on  condition  that  protection,  under  the  same  condi- 
tions will  be  assured  in  Morocco,  by  the  American  authorities,  to 
English  patents  of  invention. 

Begging  you  to  have  the  kindness  to  communicate  to  me  your 
opinion  on  this  subject,  accept  the  assurances  of  my  high  consideration. 

Gerard  Lowther. 

To  His  Excellency  Mr.  S.  R.  Gtjmmere 

American  Minister^  etc.,  etc.,  etc., 

T angier. 


Tangier,  Fel>ruary  15th  1907. 

Mr.  Minister  and  dear  Colleague  : 

I have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the 
4th  of  February  1907,  in  which,  referring  to  the  correspondence 
which  has  taken  place  between  our  two  Legations,  on  the  subject  of 
Trade-Marks,  you  set  forth  the  utility  of  extending  to  patents  of  in- 
ventions the  arrangement  which  is  in  force  with  respect  to  Trade- 
Marks. 

To  this  end  you  inform  me  that  protection  will  be  accorded  by 
the  British  Consular  tribunals  in  Morocco  to  American  patents  of 
invention  which  have  been  duly  registered  in  Great  Britain  in  con- 
formity with  “ Patents,  Designs  and  Trade-Marks  Acts  1883-1888  ”, 
on  condition  that  protection  under  the  same  conditions  will  be  as- 
sured in  Morocco  by  the  American  authorities  to  English  patents  of 
invention. 

I have  the  honor  to  inform  Y.  E.  that  I have  submitted  to  my 
Government  your  proposition  regarding  the  extension  to  patents  of 
invention  the  arrangement  which  is  in  force  with  respect  to  Trade- 
Marks  and  will  at  once  inform  you  of  their  decision  on  the  subject. 

With  apologies  for  delay  in  sending  my  response,  occasioned  by 
my  illness,  accept  Mr.  Minister  and  dear  Colleague  the  assurances  of 
my  high  consideration. 

S.  K.  Gummere. 

To  His  Excellency  Mr.  Gerard  Lowther, 

British  Minister,  etc.,  etc.,  etc., 

T angier. 


Tangier,  Afril  29th  1907. 

Mr.  Minister  and  dear  Colleague  : 

Referring  to  our  correspondence  on  the  subject  of  the  utility 
of  extending  to  patents  of  invention  the  arrangement  in  force  in 
Morocco  between  our  two  Governments  regarding  trade-marks,  I 
have  the  honor  to  inform  you  that  I have  received  instmictions  from 
my  Government  to  the  effect  that  protection  by  the  Consular  Courts 


810 


TEEATIES,  CONVENTIONS,  ETC. 


of  the  United  States  in  Morocco  will  be  accorded  to  British  Patents 
of  Invention,  duly  registered  in  the  United  States,  on  condition  that 
protection  under  the  same  conditions  shall  be  assured  in  Morocco 
by  the  British  Authorities  to  American  patents  of  invention. 

Accept  Mr.  Minister  and  dear  Colleague  the  assurance  of  my  high 
consideration, 

S.  R.  Gummere. 

His  Excellency  Mr.  Gerard  Lowther, 

H.  B.  M.  Minister^  etc.,  etc.,  etc., 

Tangier. 


Tangier,  June  20tTi  1907. 

Mr.  Minister  and  dear  Colleague  : 

In  reply  to  your  letter  of  April  29th,  I have  the  honor  to  inform 
you  that  I am  authorized  by  my  Government  to  declare  to  you  that 
protection  will  be  accorded  by  the  British  Consular  Tribunals  in 
Morocco  to  the  Patents  of  Inventions  of  the  United  States  of  America, 
which  have  been  duly  registered  in  England  in  conformity  with  the 
“ Patents,  Designs  and  Trade-Marks,  Acts  1883  to  1902  ”,  and  that 
I am  prepared  to  give  instructions  to  that  effect  to  the  British 
Consular  OtRcers,  to  the  end  that  the  accord  shall  enter  into  force  im- 
mediately. May  I hope  that  Your  Excellency  will  give  similar  in- 
structions to  the  Consular  officials  of  the  United  States  of  America. 

I take  this  occasion,  Mr.  Minister  and  dear  Colleague  to  renew  the 
assurances  of  my  very  high  consideration. 

Gerard  Lowther. 

His  Excellency  Mr.  S.  R.  Gummere, 

Minister  of  the  United  States  of  America, 

etc.,  etc.,  etc., 

Tangier. 

Tangier,  June  ^Mh,  1907. 

Mr.  Minister  and  dear  Colleague  : 

I have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the  20th 
of  Jilne  informing  me  that  you  are  authorized  by  your  Government 
to  declare  that  protection  will  be  accorded  by  the  British  Consular 
Tribunals  in  Morocco  to  Patents  of  Invention  of  the  United  States 
of  America,  which  have  been  duly  registered  in  England,  in  con- 
formity with  the  “ Patents  Designs  and  Trade-Marks,  Acts  1883  to 
1902  ”,  and  that  you  are  ready  to  give  instructions  to  that  effect  to  the 
British  Consular  Officials  to  the  end  that  the  accord  shall  be  put  in 
force  at  once. 

I have  the  honor  to  inform  Your  Excellency  that  I am  also  au- 
thorized by  my  Government  to  declare  to  you  that  protection  will  be 
accorded  by  the  American  Consular  Tribunals  in  Morocco  to 
[British]  Patents  of  Invention  duly  registered  in  the  United  States 
and  that  I will  give  instructions  to  that  effect  to  the  American  Con- 
sular Officers  to  the  end  that  the  accord  shall  be  entered  into  at  once. 

Pray  accept,  Mr.  Minister  and  dear  Colleague  the  assurance  of  my 
high  consideration. 

S.  R.  Gummere. 

His  Excellency  Mr.  Gerard  Lowther, 

H.  B.  M.  Minister,  etc.,  etc.,  etc., 

T angier. 


GREAT  BRITAIN — 


811 


1907.“ 

Modus  Vivendi  Between  the  United  States  and  Great  Britain 

IN  Regard  to  Inshore  Fisheries  on  the  Treaty  Coast  of  New- 
foundland. 

Agreement  effected  hy  exchange  of  notes  at  London  Septemher 

f-6,  1907. 

The  American  Ambassador  to  the  British  Foreign  Office. 

American  Embassy, 

London.^  September  4-,  1907. 

Sir: — 

I am  authorized  by  my  Government  to  ratify  a Modus  Vivendi 
in  regard  to  the  Newfoundland  fishery  question,  as  follows: 

It  is  agreed  that  the  fisheries  shall  be  carried  on  during  the  present 
year  substantially  as  they  were  actually  carried  on  for  the  most  of 
the  time  by  mutual  agreement,  under  the  Modus  Vivendi  of  1906. 

(1)  It  is  understood  that  His  Majesty’s  Government  will  not 
bring  into  force  the  Newfoundland  foreign  fishing  vessels  act  of 
1906,  which  imposes  on  American  fishing  vessels  certain  restrictions 
in  addition  to  those  imposed  by  the  act  of  1905,  and  also  that  the 
provisions  of  the  first  part  of  Section  One  of  the  act  of  1905,  as  to 
boarding  and  bringing  into  port,  and  also  the  whole  of  Section 
three  of  the  same  act,  will  not  be  regarded  as  applying  to  American 
fishing  vessels. 

(2)  In  consideration  of  the  fact  that  the  shipment  of  Newfound- 
landers by  American  fishermen  outside  the  three-mile  limit  is  not 
to  be  made  the  basis  of  interference  or  to  be  penalized,  my  Govern- 
ment waives  the  use  of  purse  seines  by  American  fishermen  during 
the  term  governed  by  this  agueement,  and  also  waives  the  right  to 
fish  on  Sundays. 

(3)  It  is  understood  that  American  fishing  vessels  will  make  their 
shipment  of  Newfoundlanders,  as  fishermen,  sufficiently  far  from  the 
exact  three-mile  limit  to  avoid  reasonable  doubt. 

(4)  It  is  further  understood  that  American  fishermen  will  pay 
light  dues  when  not  deprived  of  their  rights  to  fish,  and  will  comply 
With  the  provisions  of  the  Colonial  customs  law  as  to  reporting  at 
a custom  house  when  physically  possible  to  do  so. 

I need  not  add  that  my  Government  is  most  anxious  that  the  pro- 
visions of  this  Models  Vivendi  should  be  made  effective  at  the  earliest 
possible  moment,  and  that,  in  view  of  this,  and  of  the  actual  pres- 
ence of  our  fishing  fleet  on  the  treaty  shore,  we  do  not  feel  that  an 
exchange  of  ratifications  should  be  longer  delayed.  But  my  Gov- 
ernment has  every  desire  to  make  the  arrangement,  pending  arbi- 
tration, as  agreeable  as  possible  to  the  Newfoundland  authorities 
consistent  with  the  due  safeguarding  of  treaty  rights  which  we  have 
enjoyed  for  nearly  a century.  If,  therefore,  the  proposals  you  have 
recently  shown  me  from  the  Premier  of  Newfoundland  or  any  other 
changes  in  the  above  Modus  Vivendi  should  be  proposed  by  mutual 
agreement  between  the  Newfoundland  authorities  and  our  fishermen, 
having  due  regard  to  the  losses  that  might  be  incurred  by  a change  of 
plans  so  long  after  preparations  for  the  season’s  fishing  had  been 
made  and  the  voyage  begun,  my  Government  will  be  ready  to  consider 
such  changes  with  you  in  the  most  friendly  spirit,  and  if  found  not  to 
compromise  our  rights,  to  unite  with  you  in  ratifying  them  at  once. 


“ See  modus  vivendi  1908,  p.  832. 


812 


TEEATIES,  CONVENTIONS,  ETC. 


I am  glad  to  be  assured  by  you  that  this  note  will  be  considered 
as  sufficient  ratification  of  the  Modus  Vivendi  on  the  part  of  mj' 
Government. 

I have  the  honor  to  be,  with  the  highest  consideration,  Sir,  Your 
most  obedient  humble  servant, 

Whitelaw  Reid. 

The  Right  Honorable  Sir  Edward  Grey,  Baronet, 

<&c  (&C  &c 

The  British  Foreign  Office  to  the  Americcm  Ambassador. 

Foreign  Office,  September  6t\  1907 

Your  Excellency.  I have  the  honour  to  acknowledge  the  re- 
ceipt of  Your  Excellency’s  note  of  the  4th  instant,  containing  the 
terms  of  the  Modus  Vivendi  with  regard  to  the  Newfoundland  fish- 
eries,— which  you  are  authorized  by  your  Government  to  ratify. 

I am  glad  to  assure  your  Excellency  that  His  Majesty’s  Govern- 
ment agrees  to  the  terms  of  the  Modus  Vivendi  and  that  your  Excel- 
lency’s note  will  be  considered  by  His  Majesty’s  Government  as  a 
sufficient  ratification  of  that  arrangement  on  the  part  of  His  Maj- 
esty’s Government. 

His  Majesty’s  Government  fully  shares  the  desire  of  your  Gov- 
ernment that  the  provisions  of  the  Modus  Vivendi  should  be  made 
effective  at  the  earliest  possible  moment,  and  the  necessary  steps 
will  be  taken  by  His  Majesty’s  Government  to  secure  its  observance. 

His  Majesty’s  Government  takes  note  of  the  conciliatory  offer  of 
the  United  States  Government  to  consider  in  a most  friendly  spirit 
any  changes  in  the  Modus  Vivendi,  which  may  be  agreed  upon  locally 
between  the  Newfoundland  authorities  and  the  United  States  fisher- 
men and  Avhich  may  be  acceptable  both  to  the  United  States  Gov- 
ernment and  to  His  Majesty’s  Government. 

I have  the  honour  to  be,  with  the  highest  consideration.  Your 
Excellency’s  most  obedient  humble  servant, 

E.  Grey 

His  Excellency  The  Honorable  Whitelaw  REro, 

diC  c&G  <£c 

1907. 

By  the  President  of  the  United  States  of  America, 

A Proclamation.® 

Wliereas  the  Government  of  His  Britannic  Majesty  has  entered 
into  a Commercial  Agreement  with  the  United  States  providing  for 
the  application  of  the  minimum  rate  under  the  third  section  of  the 
Tariff  Act  of  the  United  States  approved  July  24,  1897,  to  works  of 
art,  being  the  product  of  the  industry  of  the  United  Kingdom,  in 
return  for  the  free  admission  of  samples  of  dutiable  goods  brought 
into  the  territory  of  the  United  Kingdom  by  commercial  travelers 
of  the  United  States,  by  Avhich  Agreement,  in  the  judgment  of  the 
President,  reciprocal  and  equivalent  concessions  are  secured  in  favor 
of  products  of  the  United  States; 

Therefore,  be  it  known  that  I,  Theodore  Roosevelt,  President  of 
the  United  States  of  America,  acting  under  the  authority  conferred 
by  said  Act  of  Congress,  do  hereby  suspend  during  the  continuance 

® Terminated  February  7,  1910,  on  notice  given  by  the  United  States. 


GREAT  BRITAIN — ^1907. 


813 


in  force  of  said  Agreement  the  imposition  and  collection  of  the  duties 
imposed  by  the  first  section  of  said  act  upon  the  articles  hereinafter 
specified,  being  the  products  of  the  industry  of  the  United  Kingdom 
of  Great  Britain  and  Ireland,  and  do  declare  in  place  thereof  the 
rate  of  duty  provided  in  the  third  section  of  said  act  to  be  in  force, 
as  follows: 

Paintings  in  oil  or  water  colors,  pastels,  pen  and  ink  drawings, 
and  statuary,  fifteen  per  centum  ad  valorem. 

In  testimony  whereof,  I have  hereunto  set  my  hand  and  caused 
the  seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington  this  fifth  day  of  December,  in  the 
year  of  our  Lord  one  thousand  nine  hundred  and  seven, 

[seal.]  and  of  the  Independence  of  the  United  States  of  America 
the  one  hundred  and  thirty-second. 

Theodore  Roosevelt 

By  the  President: 

Elihu  Root 

Secretary  of  State. 


The  Government  of  the  United  States  of  America  and  the  Gov- 
ernment of  His  Britannic  Majesty,  being  desirous  of  facilitating 
and  extending  the  commercial  relations  existing  between  their  re- 
spective countries,  but  without  prejudice  to  the  views  held  by  each 
of  them  as  to  the  interpretation  of  the  “ most-favoured-nation  ” 
Article  of  the  Convention  of  Commerce  between  the  two  countries 
signed  at  London  on  the  3rd  July,  1815,  mutually  agree  as  follows : — 

1.  In  order  to  facilitate  the  clearance  through  the  Customs  De- 
partment of  the  United  Kingdom  of  samples  of  dutiable  goods 
brought  into  the  territory  of  the  United  Kingdom  by  commercial 
travellers  of  the  United  States  of  America,  such  samples  being  for 
use  as  models  or  patterns  for  the  purpose  of  obtaining  orders,  and 
not  for  sale.  His  Majesty’s  Government  agrees  that  the  marks, 
stamps,  or  seals  placed  upon  such  samples  by  the  Customs  authori- 
ties of  the  United  States  of  America  at  the  time  of  exportation,  and 
the  ofiicially  attested  list  of  such  samples,  containing  a full  descrip- 
tion thereof  issued  by  the  proper  authority,  shall  be  accepted  by  the 
Customs  officials  of  the  United  Kingdom  as  establishing  their  char- 
acter as  samples,  and  exempting  them  from  inspection  on  importa- 
tion, except  so  far  as  may  be  necessary  to  establish  that  the  samples 
produced  are  those  enumerated  on  the  list.  The  Customs  authorities 
of  the  United  Kingdom  may,  however,  affix  a supplementary  mark 
to  such  samples  in  special  cases  where  they  may  think  this  precau- 
tion necessary. 

2.  The  Government  of  the  United  States  of  America  agrees  to 
extend  to  the  United  Kingdom  the  special  reduction  of  duty  on 
paintings  in  oil  or  water  colours,  pastels,  pen  and  ink  drawings,  and 
statuary,  being  the  product  of  the  industry  of  the  United  Kingdom, 
authorized  under  section  3 of  the  Tariff  Act  of  the  United  States, 
approved  the  24th  July,  1897. 

3.  This  agreement  shall  continue  in  force  until  six  months  from 
the  date  when  either  party  shall  notify  the  other  of  its  intention  to 
terminate  it. 

Done  in  duplicate  at  London,  the  19th  day  of  November,  1907. 

[seal]  Whitelaw  Reid. 

E.  Gray. 


814 


TBEATIES,  CONVENTIONS,  ETC. 


1908. 

Arbitration  Convention. 

Signed  at  'Washington  April  1908;  ratification  advised  by  the 

Senate  April  £2,  1908;  ratified  by  the  President  May  11^  1908; 

ratifications  exchanged  at  Washington  June  A,  1908;  proclaimed 

June  5,  1908. 

Articles. 

I.  Differences  to  be  submitted.  I III.  Ratification. 

II.  Special  agreement.  | IV.  Duration. 

The  President  of  the  United  States  of  America  and  His  Majesty 
the  King  of  the  United  Kingdom  of  Great  Britain  and  Ireland  and 
of  the  British  Dominions  beyond  the  Seas,  Emperor  of  India,  desir- 
ing in  pursuance  of  the  principles  set  forth  in  Articles  15-19  of  the 
Convention  for  the  pacific  settlement  of  international  disputes, 
signed  at  The  Hague  July  29,  1899,  to  enter  into  negotiations  for 
the  conclusion  of  an  Arbitration  Convention,  have  named  as  their 
Plenipotentiaries,  to  wit: 

The  President  of  the  United  States  of  America,  Elihu  Root,  Secre- 
tary of  State  of  the  United  States,  and 

His  Majesty  the  King  of  the  United  Kingdom  of  Great  Britain 
and  Ireland  and  of  the  British  Dominions  beyond  the  Seas,  Emperor 
of  India,  The  Right  Honorable  James  Bryce,  O.  M.,  who,  after  hav- 
ing communicated  to  one  another  their  full  powers,  found  in  good 
and  due  form,  have  agreed  upon  the  following  articles: 

Article  I. 

Differences  which  may  arise  of  a legal  nature  or  relating  to  the 
interpretation  of  treaties  existing  between  the  two  Contracting  Par- 
ties and  which  it  may  not  have  been  possible  to  settle  by  diplomacy, 
shall  be  referred  to  the  Permanent  Court  of  Arbitration  established 
at  The  Hague  by  the  Convention  of  the  29th  of  July,  1899,  provided, 
nevertheless,  that  they  do  not  affect  the  vital  interests,  the  independ- 
ence, or  the  honor  of  the  two  Contracting  States,  and  do  not  concern 
the  interests  of  third  Parties. 

Article  II. 

In  each  individual  case  the  High  Contracting  Parties,  before  ap- 
pealing to  the  Permanent  Court  of  Arbitration,  shall  conclude  a 
special  Agreement  defining  clearly  the  matter  in  dispute,  the  scope 
of  the  powers  of  the  Arbitrators,  and  the  periods  to  be  fixed  for 
the  formation  of  the  Arbitral  Tribunal  and  the  several  stages  of 
the  procedure.  It  is  understood  that  such  special  agreements  on 
the  part  of  the  United  States  will  be  made  by  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof;  His  Majesty’s  Government  reserving  the  right  before  con- 
cluding a special  agreement  in  any  matter  affecting  the  interests  of 
a self  governing  Dominion  of  the  British  Empire  to  obtain  the  con- 
currence therein  of  the  Government  of  that  Dominion. 

Such  Agreements  shall  be  binding  only  when  confirmed  by  the 
two  Governments  by  an  Exchange  of  Notes. 

Article  III. 

The  present  Convention  shall  be  ratified  by  the  President  of  the 
United  States  of  America  by  and  with  the  advice  and  consent  of  the 
Senate  thereof,  and  by  his  Britannic  Majesty.  The  ratiRcations  shall 


GREAT  BRITAIN — 1908. 


815 


be  exchanged  at  Washington  as  soon  as  possible,  and  the  Conven- 
tion shall  take  effect  on  the  date  of  the  exchange  of  its  ratifications. 

Article  IV. 

The  present  Convention  is  concluded  for  a period  of  five  years, 
dating  from  the  day  of  the  exchange  of  its  ratifications. 

Done  in  duplicate  at  the  City  of  Washington,  this  fourth  day  of 
April,  in  the  year  1908. 

Elihu  Boot  [seal] 
James  Bryce  [seal] 

1908. 

Treaty  Concerning  the  Canadian  International  Boundary. 

Conclvded  April  11,  1908;  ratif,cation  advised  hy  the  Senate  May  Ji., 
1908;  ratified  hy  the  President  May  11,  1908;  ratifications  ex- 
! changed  June  If.,  1908;  proclaimed  July  1, 1908. 

Articles. 

I I.  Boundary  through  Passamaquoddy 
I Bay. 

II.  Boundary  from  the  mouth  to  the 
source  of  the  St.  Croix  River. 

III.  Boundary  from  the  source  of  the 

St.  Croix  to  the  St.  Lawrence. 

IV.  Boundary  from  the  St.  Lawrence 

to  the  mouth  of  Pigeon  River. 

V.  Boundary  from  Pigeon  River  to 
i Lake  of  the  Woods. 

i The  United  States  of  America  and  His  Majesty  Edward  the 
Seventh,  of  the  United  Kingdom  of  Great  Britain  and  Ireland,  and 
. of  the  British  Dominions  beyond  the  Seas,  King,  and  Emperor  of 
! India,  being  desirous  of  providing  for  the  more  complete  definition 
: and  demarcation  of  the  international  boundary  between  the  United 
States  and  the  Dominion  of  Canada,  have  for  that  purpose  resolved 
to  conclude  a treaty,  and  to  that  end  have  appointed  as  their  Pleni- 
potentiaries : 

The  President  of  the  United  States  of  America,  ^Elihu  Boot,  Sec- 
retary of  State  of  the  United  States ; and 

His  Britannic  Majesty,  Bight  Honorable  James  Bryce,  O.  M.,  his 
Ambassador  Extraordinary  and  Plenipotentiary  at  Washington; 
Who,  after  having  communicated  to  each  other  their  respective  full 
I powers,  which  were  found  to  be  in  due  and  proper  form,  have  agreed 
! to  and  concluded  the  following  articles : 

Article  I. 

the  boundary  through  passamaquoddy  bay. 

The  High  Contracting  Parties  agree  that  each  shall  appoint,  with- 
out delay,  an  expert  geographer  or  surveyor  to  serve  as  Commissioners 
for  the  purpose  of  more  accurately  defining  and  marking  the  inter- 
national boundary  line  between  the  United  States  and  the  Dominion 
of  Canada  in  the  waters  of  Passamaquoddy  Bay  from  the  mouth  of 
the  St.  Croix  Biver  to  the  Bay  of  Fundy,  and  that  in  defining  and 
marking  said  boundary  line  the  Commissioners  shall  adopt  and  fol- 
low, as  closely  as  may  be,  the  line  surveyed  and  laid  down  by  the  Com- 
missioners appointed  under  Article  II  of  the  Treaty  of  July  22,  1892, 


VI.  Boundary  from  Lake  of  the 
Woods  to  the  summit  of  Rocky 
Mountains. 

VII.  From  Rocky  Mountains  to  Gulf 
of  Georgia. 

VIII.  From  forty-ninth  parallel  to  the 
Pacific  Ocean. 

IX.  General  provisions. 

X.  Ratification. 


816 


TBEATIES,  CONVENTIONS,  ETC. 


between  the  United  States  and  Great  Britain,  so  far  as  said  Com- 
missioners agreed  upon  the  location  of  said  line,  namely : 

(1)  From  a point  at  the  mouth  of  the  St.  Croix  River  defined  by  the  ranges 
established  by  them,  by  a connected  series  of  six  straight  lines  defined  by  ranges 
and  cross  ranges,  to  a point  between  Treat  Island  and  Friar  Head,  likewise  de- 
fined by  ranges  and  cross  ranges  established  by  them ; and  also 

(2)  From  a point  in  Quoddy  Roads,  defined  by  the  intersection  of  the  range 
passing  through  the  position  of  the  Beacon  of  1886  and  Lubec  Channel  Light, 
with  a range  established  by  them  on  the  west  shore  of  Quoddy  Roads  along  the 
course  of  this  latter  range,  which  is  about  80°  35'  east  of  true  south,  into  the 
Bay  of  Fundy. 

In  ascertaining  the  location  of  the  above-described  line,  the  Com- 
missioners shall  be  controlled  by  the  indications  of  the  range  marks 
and  monuments  established  along  its  course  by  said  former  Commis- 
sioners and  by  the  charts  upon  which  the  said  Commissioners  marked 
the  line  as  tentatively  agreed  upon  by  them. 

The  remaining  portion  of  the  line,  lying  between  the  two  above- 
described  sections,  and  upon  the  location  of  which  said  former  Com- 
missioners did  not  agree,  shall  pass  through  the  center  of  the  Lubec 
Narrows  Channel  between  Campo  Bello  Island  and  the  mainland, 
and,  subject  to  the  provisions  hereinafter  stated,  it  shall  follow  on 
either  side  of  the  said  Narrows  such  courses  as  will  connect  with  the 
parts  of  the  line  agreed  upon  as  aforesaid,  and  such  boundary  shall 
consist  of  a series  of  straight  lines  defined  by  distances  and  courses; 
but  inasmuch  as  differences  have  arisen  in  the  past  as  to  the  location 
of  the  line  with  respect  to  Pope’s  Folly  Island  above  Lubec  Narrows 
and  with  respect  to  certain  fishing  grounds  east  of  the  dredged  chan- 
nel below  Lubec  Narrows,  it  is  agreed  that  each  of  the  High  Contract- 
ing Parties  shall  present  to  the  other  within  six  months  after  the 
ratification  of  this  Treaty  a full  printed  statement  of  the  evidence, 
with  certified  copies  of  original  documents  referred  to  therein  which 
are  in  its  possession,  and  the  arguments  upon  which  it  bases  its  con- 
tentions, with  a view  to  arriving  at  an  adjustment  of  the  location  of 
this  portion  of  the  line  in  accordance  with  the  true  intent  and  mean- 
ing of  the  provisions  relating  thereto  of  the  treaties  of  1783  and  1814 
between  the  United  States  and  Great  Britain,  and  the  award  of  the 
Commissioners  appointed  in  that  behalf  under  the  treaty  of  1814;  it 
being  understood  that  any  action  by  either  or  both  Governments  or 
their  representatives  authorized  in  that  behalf  or  by  the  local  govern- 
ments on  either  side  of  the  line,  whether  prior  or  subsequent  to  such 
treaties  and  award,  tending  to  aid  in  the  interpretation  thereof,  shall 
be  taken  into  consideration  in  determining  their  true  intent  and  mean- 
ing. Such  agreement,  if  reached,  shall  b^e  reduced  to  writing  in  the 
form  of  a protocol  and  shall  be  communicated  to  the  said  Commis- 
sioners, who  shall  lay  down  and  mark  this  portion  of  the  boundary  in 
accordance  therewith  and  as  herein  provided. 

In  the  event  of  a failure  to  agree  within  six  months  after  the  date 
of  exchanging  the  printed  statements  aforesaid,  the  question  of  which 
Government  is  entitled  to  jurisdiction  over  such  island  and  fishing 
grounds  under  treaty  provisions,  and  proceedings  thereunder,  inter- 
preted in  accordance  with  their  true  intent  and  meaning  as  above 
provided,  and  by  reason  of  any  rights  arising  under  the  recognized 
principles  of  international  law,  shall  be  referred  forthwith  for  de- 
cision upon  the  evidence  and  arguments  submitted  as  aforesaid,  with 
such  additional  statement  of  facts  as  may  be  appropriate,  and  an 


GBEAT  BRITAIN 1908. 


817 


argument  in  reply  on  each  side,  to  an  arbitrator  to  be  agreed  upon 
by  the  two  Governments,  or,  in  case  of  a failure  to  agree,  to  be  ap- 
pointed by  a third  Power  selected  by  the  two  Governments  by  com- 
mon accord,  or,  if  no  agreement  is  thus  arrived  at,  each  Government 
shall  select  a different  Power  and  the  choice  of  the  arbitrator  shall 
be  made  in  concert  by  the  Powers  thus  selected.  The  decision  of 
such  arbitrator  shall  be  final,  and  the  line  shall  be  laid  down  and 
marked  by  the  said  Commissioners  in  accordance  therewith  and  as 
herein  provided. 

The  arbitrator  shall  be  requested  to  deliver,  together  with  his 
award,  a statement  of  all  the  costs  and  expenses  incurred  by  him 
in  connection  with  the  arbitration,  which  shall  forthwith  be  repaid 
by  the  two  Governments  in  equal  moieties. 

It  is  further  agreed  that  if,  under  the  foregoing  provisions,  the 
boundary  be  located  through  the  channel  to  the  east  of  the  dredged 
channel  above  mentioned,  the  latter  shall  be  equally  free  and  open 
for  the  passage  of  ships,  vessels,  and  boats  of  both  parties. 

The  entire  boundary  shall  be  marked  by  permanent  range  marks 
established  on  land  and,  if  desirable  in  the  opinion  of  Commission- 
ers, by  buoys  in  the  water,  so  far  as  practicable,  and  by  such  other 
boundary  marks  and  monuments  and  at  such  points  as  the  Commis- 
sioners may  determine  to  be  necessary;  but  the  said  Commissioners 
shall  proceed  to  define  and  mark  and  chart  the  portion  of  the  line 
agreed  upon  by  the  former  Commissioners  under  the  Treaty  of  1892 
aforesaid  without  waiting  for  the  final  determination  of  the  location 
of  the  remaining  portion  of  the  line. 

The  course  of  the  said  boundary  line  as  defined  and  marked  as 
aforesaid  shall  be  laid  down  by  said  Commissioners  on  quadruplicate 
sets  of  accurate  modern  charts  prepared  or  adopted  by  them  for  that 
purpose,  which  charts  shall  be  certified  and  signed  by  the  Commis- 
sioners, and  two  duplicate  originals  thereof  shall  be  filed  by  them 
with  each  Government;  and  they  shall  also  prepare  in  duplicate 
and  file  with  each  Government  a joint  report  or  reports  under  their 
hands  and  seals  describing  in  detail  the  course  and  location  of  the 
boundary  line  and  the  range  marks  and  monuments  and  buoys 
marking  it. 

The  line  so  defined  and  laid  down  shall  be  taken  and  deemed  to 
be  the  international  boundary  from  the  Bay  of  Fundy  to  the  mouth 
of  the  St.  Croix  River,  as  established  by  treaty  provisions  and  the 
proceedings  thereunder. 

Article  II. 

THE  BOUNDARY  FROM  THE  MOUTH  TO  THE  SOURCE  OF  THE  ST.  CROIX  RIVER. 

Whereas  Article  II  of  the  Treaty  of  1783  between  the  United  States 
and  Great  Britain  provides  that  a line  drawn  along  the  middle  of  the 
River  St.  Croix  from  its  mouth  in  the  Bay  of  Fundy  to  its  source 
shall  be,  between  those  points,  the  international  boundary  between 
the  United  States  and  the  British  possessions  in  North  America,  and 
the  identity  of  the  River  St.  Croix  has  been  determined  by  the  Com- 
missioners appointed  for  that  purpose  under  Article  V of  the  Treaty 
of  1794  between  the  United  States  and  Great  Britain,  and  the  loca- 
tion of  the  mouth  and  the  source  of  said  river  has  been  duly  estab- 
lished, and  the  course  of  said  river  has  been  described,  surveyed,  and 
charted  by  said  Commissioners,  as  appears  from  their  joint  report 
dated  the  25th  day  of  October,  1798,  and  from  the  chart  or  plan  of 
24449— VOL  1—10 52 


818 


TREATIES,  CONVENTIONS,  ETC. 


said  river  prepared  and  filed  by  them  with  said  report,  but  said  line 
of  boundary  along  the  middle  of  said  river  was  not  laid  down 
by  them  on  said  chart  or  plan,  and  was  not  marked  or  monumented  by 
them  along  the  course  of  said  river;  and  whereas,  pursuant  to  an 
additional  article,  dated  March  15,  1798,  supplementing  the  provi- 
sions of  the  Treaty  of  1794  above  referred  to,  a monument  was  erected 
by  joint  action  of  the  two  Governments  marking  the  source  of  the 
River  St.  Croix,  but  said  line  of  boundary  through  the  River  St. 
Croix  has  not  otherwise  been  monumented  and  has  never  been  laid 
down  on  charts  by  joint  action  of  the  two  Governments:  therefore, 
in  order  to  complete  and  render  thoroughly  effective  the  demarkation 
of  the  boundary  described  and  established  as  aforesaid. 

It  is  agreed  that  each  of  the  High  Contracting  Parties  shall  ap- 
point, without  delay,  an  expert  geographer  or  surveyor  as  a Commis- 
sioner, and  the  Commissioners  so  appointed  shall  jointly  lay  down 
upon  accurate  modern  charts,  to  be  prepared  or  adopted  by  them 
for  that  purpose,  the  line  of  boundary  along  the  middle  of  the  River 
St.  Croix  from  its  mouth  to  its  source  as  defined  and  established  by 
the  existing  treaty  provisions  and  the  proceedings  thereunder,  above 
referred  to,  with  the  agreed  understanding,  however,  that  the  line  of 
boundary  through  said  river  shall  be  a water  line  throughout  and 
shall  follow  the  center  of  the  main  channel  or  thalweg  as  naturally 
existing,  except  where  such  course  would  change,  or  disturb,  or  con- 
flict with  the  national  character  of  an  island  as  already  established 
by  mutual  recognition  and  acquiescence,  in  which  case  the  line  shall 
pass  on  the  other  side  of  any  such  island,  following  the  middle  of  the 
channel  nearest  thereto,  or,  if  the  Commissioners  find  that  the 
national  character  of  any  island  is  in  dispute,  the  question  of  its 
nationality  shall  be  submitted  by  them  to  their  respective  Govern- 
ments, with  a chart  or  map  certified  jointly  by  said  Commissioners, 
showing  the  depth  and  volume  of  the 'water  at  its  high  and  low  stages 
between  such  island  and  the  river  banks  on  each  side  and  indicating 
the  course  of  the  main  channel  of  the  river  as  it  passes  such  island, 
together  with  a descriptive  statement  by  said  Commissioners  show- 
ing the  reasons  for  selecting  such  channel  as  the  main  channel ; and  in 
all  such  cases  the  High  Contracting  Parties  agree  that  the  location 
of  the  boundary  with  respect  to  each  island  in  dispute  shall  be  deter- 
mined and  settled  in  accordance  Avith  the  following  rules : 

(1)  The  nationality  of  each  island  in  dispute  shall  be  determined 
by  the  predominance  of  the  claims  established  on  either  side  to  such 
island,  arising  from  the  exercise  of  jurisdiction  and  soA’ereignty  over 
it,  including  such  exercise  of  jurisdiction  by  the  local  governments  on 
either  side  of  the  line. 

(2)  The  burden  of  proving  the  nationality  of  an}^  such  island  shall 
be  upon  the  party  seeking  to  change  the  general  course  of  the  boun- 
dary as  above  prescribed  so  as  to  include  such  island  on  its  own  side 
of  the  boundary. 

(3)  The  selection  by  the  Commissioners  of  the  main  channel  pass- 
ing such  island  shall  not  be  conclusive  upon  the  parties  hereto  and  is 
subject  to  review,  but  the  burden  of  proving  the  main  channel  to  be 
other  than  the  one  selected  shall  be  upon  the  party  proposing  the 
change. 

The  Government  proposing  such  change  in  the  prescribed  course  of 
the  boundary  shall,  upon  the  submission  of  the  question  of  the  nation- 


GREAT  BRITAIN ^1908. 


819 


ality  of  any  island  or  islands  by  the  Commissioners  as  aforesaid, 
promptly  present  to  the  other  Government  a printed  statement,  with 
certified  copies  of  any  original  documents  in  its  possession  referred 
to  therein,  showing  the  grounds  and  arguments  upon  which  its  claim 
of  jurisdiction  and  oifnership  with  respect  to  such  island  rests.  Un- 
less an  agreement  is  reached  upon  the  presentation  of  such  statement, 
the  Government  to  which  such  statement  is  presented  shall  within 
six  months  after  its  receipt  present  in  reply  a similar  statement  show- 
ing the  grounds  and  arguments  upon  which  the  claims  of  the  other 
Government  are  contested.  If  an  agreement  is  reached  between  the 
two  Governments,  it  shall  be  reduced  to  writing  in  the  form  of  a 
protocol  and  shall  be  communicated  to  the  said  Commissioners,  who 
shall  proceed  to  lay  down  and  mark  the  boundary  so  as  to  leave  such 
island  on  the  side  of  the  boundary  to  which  it  is  shown  it  belongs,  in 
accordance  with  the  determination  of  its  nationality  arrived  at  as 
aforesaid. 

In  the  event  of  a failure  by  the  two  Governments  to  come  to  an 
agreement  within  six  months  after  the  presentation  of  the  printed 
statements  in  reply  herein  above  provided  for,  then  the  question  of  the 
nationality  of  the  islands  in  dispute  shall  be  referred  forthwith  for 
decision  under  the  rules  herein  above  set  forth  for  the  determination 
of  that  question,  and  under  the  recognized  principles  of  international 
law  not  inconsistent  therewith,  and  upon  the  evidence  and  argiunents 
submitted  as  aforesaid,  with  such  additional  statement  of  facts  as 
may  be  ap^iropriate,  and  such  further  printed  argument  on  each  side 
as  may  be  desired,  to  an  arbitrator  to  be  agreed  upon  by  the  two 
Governments,  or,  in  case  of  a failure  to  agree,  to  be  appointed  by  a 
third  Power  selected  by  the  two  Governments  by  common  accord,  or, 
if  no  agreement  is  thus  arrived  at,  each  Government  shall  select  a 
different  Power  and  the  choice  of  the  arbitrator  shall  be  made  in 
concert  by  the  Powers  thus  selected.  The  decision  of  such  arbitrator 
shall  be  final,  and  the  line  shall  be  laid  down  and  marked  by  the  said 
Commissioners  in  accordance  therewith  and  as  herein  provided. 

The  arbitrator  shall  be  requested  to  deliver,  together  with  his 
award,  a statement  of  all  the  costs  and  expenses  incurred  by  him  in 
connection  with  the  arbitration,  which  shall  forthwith  be  repaid  by 
the  two  Governments  in  equal  moieties. 

It  is  further  agreed  that  so  far  as  practicable  the  said  Commis- 
sioners shall  establish  boundary  monuments  and  ranges  and  buoys 
marking  the  course  and  location  of  the  said  line,  and  showing  on 
which  side  of  the  boundary  the  several  islands  lying  in  said  river 
belong,  wherever  in  their  judgment  it  is  desirable  that  the  boundary 
be  so  marked. 

The  charts  upon  which  the  boundary  is  marked  as  aforesaid  shall  be 
in  quadruplicate,  and  shall  be  certified  and  signed  by  said  Commis- 
sioners, and  two  duplicate  originals  thereof  shall  be  filed  by  them 
with  each  Government,  and  it  shall  also  be  the  duty  of  said  Commis- 
sioners to  prepare  in  duplicate,  and  file  with  each  Government,  a joint 
report  under  their  hands  and  seals  describing  the  line  so  marked  by 
them  and  the  monuments  and  range  marks  and  buoys  marking  it. 

The  line  so  defined  and  laid  down  shall  be  taken  and  deemed  to  be 
the  international  boundary  from  the  mouth  to  the  source  of  the  St. 
Croix  River  as  established  by  treaty  provisions  and  the  proceedings 
thereunder  as  aforesaid, 


820 


TBEATIES,  CONVENTIONS,  ETC. 
Article  III. 


THE  BOUNDARY  FROM  THE  SOURCE  OF  THE  ST.  CROIX  RFV’ER  TO  THE 

ST.  LAWRENCE  RIVER. 

• 

Whereas  the  remonumenting  of  the  course  of  the  boundary  defined 
and  laid  down  under  the  provisions  of  Articles  I and  VI  of  the 
Treaty  of  August  9,  1842,  between  the  United  States  and  Great 
Britain  has  already  been  undertaken  without  a formal  treaty  agree- 
ment, but  by  the  joint  and  concurrent  action  of  the  Governments  of 
the  United  States  and  Great  Britain,  certain  monuments  between 
Vermont  and  Canada  having  been  relocated  in  1849,  and  the  portion 
of  said  boundary  extending  between  Hall’s  Stream  and  the  St. 
Lawrence  River  in  part  having  been  remonumented  in  recent  years 
and  in  part  is  now  being  remonumented  under  such  action  on  both 
sides ; and  whereas  the  Commissioners  appointed  under  Article  VI  of 
the  Treaty  of  1842  aforesaid  were  required  to  and  did  mark  by 
monuments  the  land  portion  only  of  said  line,  and  were  not  required 
to  and  did  not  mark  by  monuments  the  portions  of  the  boundary 
extending  along  water  courses,  with  the  exception  that  the  nationality 
of  the  several  islands  in  the  St.  John  River  was  indicated  by  monu- 
ments erected  thereon  and  a series  of  monuments  was  placed  by  them 
along  the  edge  of  certain  of  the  water  courses  to  fix  the  general  di- 
rection of  the  boundary,  most  of  which  monuments  have  since  dis- 
appeared, but  the  entire  boundary,  including  its  course  through  the 
Avaterways  as  well  as  on  land,  was  charted  and  marked  on  maps  by 
said  Commissioners  under  the  provisions  of  Article  VI  above  referred 
to,  and  the  nationality  of  the  respective  islands  in  the  St.  John  River 
was  determined  by  them,  as  appears  from  the  joint  report  filed  by 
said  Commissioners  dated  June  28, 1847,  and  the  series  of  maps  signed 
by  said  Commissioners  and  filed  with  their  joint  report;  and  Avhereas 
the  portion  of  the  line  through  said  waterways  has  not  since  been 
monumented  or  marked  along  its  course  by  joint  action  of  the  two 
Governments,  and  the  monuments  placed  by  said  Commissioners 
along  the  land  portion  of  said  boundary  require  repairing  and  re- 
newing where  such  work  has  not  already  been  done  in  recent  years, 
and  additional  or  supplementary  intermediate  monuments  at  conA’en- 
ient  points  are  required  under  modern  conditions:  therefore,  in 
order  to  carry  on  and  complete  the  .work  ah’eady  undertaken  as  afore- 
said, and  to  reestablish  the  location  of  said  boundary  and  render 
thoroughly  effective  the  demarcation  of  the  said  boundary  as  existent 
aid  established. 

It  is  agreed  that  each  of  the  High  Contracting  Parties  shall  ap- 
point, without  delay,  an  expert  geographer  or  surveyor  as  a Commis- 
sioner, and  under  the  joint  direction  of  such  Commissioners  the  lost 
or  damaged  boundary  monuments  shall  be  relocated  and  repaired, 
and  additional  monuments  and  boundary  marks  shall  be  established 
wherever  necessary  in  the  judginent  of  the  Commissioners  to  meet 
the  requirements  of  modern  conditions  along  the  course  of  the  land 
portion  of  said  boundary, ‘and  where  the  said  boundary  runs  through 
Avaterways  it  shall  be  marked  along  its  course,  so  far  as  practicable, 
by  buoys  and  monuments  in  the  water  and  by  pennanent  ranges 
established  on  the  land,  and  in  such  other  Avay  and  at  such  points  as 


GBEAT  BRITAIN 1908. 


821 


in  the  judgment  of  the  Commissioners  it  is  desirable  that  the  bound- 
ary be  so  marked ; and  it  is  further  agreed  that  the  course  of  the  en- 
tire boundary  as  described  in  Article  I of  the  Treaty  of  1842  and  as 
laid  down  as  aforesaid  under  Article  VI  of  that  Treaty,  shall  be 
marked  by  said  Commissioners  upon  quadruplicate  sets  of  accurate 
modern  charts  prepared  or  adopted  by  them  for  that  purpose,  and 
that  said  charts  so  marked  shall  be  certified  and  signed  by  them  and 
two  duplicate  originals  thereof  shall  be  filed  with  each  Government, 
and  said  Commissioners  shall  also  prepare  in  duplicate  and  file  with 
each  Government  a joint  report  or  reports  describing  in  detail  the 
course  of  the  boundary  so  marked  by  them,  and  the  character  and 
location  of  the  several  monuments  and  boundary  marks  and  ranges 
marking  it. 

The  line  so  defined  and  laid  down  shall  be  taken  and  deemed  to  be 
the  international  boundary  as  defined  and  laid  down  under  Articles 
I and  VI  of  the  said  Treaty  of  1842. 

Article  IV. 

THE  BOUNDART  FROM  ITS  INTERSECTION  WITH  THE  ST.  LAWRENCE  RIVER 
TO  THE  MONTH  OF  PIGEON  RIVER. 

The  High  Contracting  Parties  agree  that  the  existing  International 
Waterways  Commission,  constituted  by  concurrent  action  of  the 
United  States  and  the  Dominion  of  Canada  and  composed  of  three 
Commissioners  on  the  part  of  the  United  States  and  three  Commis- 
sioners on  the  part  of  the  Dominion  of  Canada,  is  hereby  authorized 
and  empowered  to  ascertain  and  reestablish  accurately  the  location 
of  the  international  boundary  line  beginning  at  the  point  of  its  inter- 
section with  the  St.  Lawrence  Kiver  near  the  forty-fifth  parallel  of 
north  latitude,  as  determined  under  Articles  I and  VI  of  the  Treaty 
of  August  9,  1842,  between  the  United  States  and  Great  Britain,  and 
thence  through  the  Great  Lakes  and  communicating  waterways  to 
the  mouth  of  Pigeon  River,  at  the  western  shore  of  Lake  Superior, 
in  accordance  with  the  description  of  such  line  in  Article  II  of  the 
Treaty  of  Peace  between  the  United  States  and  Great  Britain,  dated 
September  3,  1783,  and  of  a portion  of  such  line  in  Article  II  of  the 
Treaty  of  August  9,  1842,  aforesaid,  and  as  described  in  the  joint 
report  dated  June  18,  1822,  of  the  Commissioners  appointed  under 
Article  VI  of  the  Treaty  of  December  24,  1814,  between  the  United 
States  and  Great  Britain,  with  respect  to  a portion  of  said  line  and  as 
marked  on  charts  prepared  by  them  and  filed  with  said  report,  and 
with  respect  to  the  remaining  portion  of  said  line  as  marked  on  the 
charts  adopted  as  treaty  charts  of  the  boundary  under  the  provisions 
of  Article  II  of  the  Treaty  of  1842,  above  mentioned,  with  such 
deviation  from  said  line,  however,  as  may  be  required  on  account  of 
the  cession  by  Great  Britain  to  the  United  States  of  the  portion  of 
Horse  Shoe  Reef  in  the  Niagara  River  necessary  for  the  light-house 
erected  there  by  the  United  States  in  accordance  with  the  terms  of 
the  protocol  of  a conference  held  at  the  British  Foreign  Office  Decem- 
ber 9,  1850,  between  the  representatives  of  the  two  Governments  and 
signed  by  them  agreeing  upon  such  cession ; and  it  is  agreed  that 
wherever  the  boundary  is  shown  on  said  charts  by  a curved  line  along 
the  water  the  Commissioners  are  authorized  in  their  discretion  to 


822 


TREATIES,  CONVENTIONS,  ETC. 


adopt,  in  place  of  such  curved  line,  a series  of  connecting  straight 
lines  defined  by  distances  and  courses  and  following  generally  the 
course  of  such  curved  line,  but  conforming  strictly  to  the  description 
of  the  boundary  in  the  existing  treaty  provisions,  and  the  geograph- 
ical coordinates  of  the  turning  points  of  such  line  shall  be  stated 
by  said  Commissioners  so  as  to  conform  to  the  system  of  latitudes 
and  longitudes  of  the  charts  mentioned  below,  and  the  said  Commis- 
sioners shall  so  far  as  practicable  mark  the  course  of  the  entire  bound- 
ary line  located  and  defined  as  aforesaid,  by  buoys  and  monuments  in 
the  waterways  and  by  permanent  range  marks  established  on  the  ad- 
jacent shores  or  islands,  and  by  such  other  boundary  marks  and  at 
such  points  as  in  the  judgment  of  the  Commissioners  it  is  desirable 
that  the  boundary  should  be  so  marked ; and  the  line  of  the  boundary 
defined  and  located  as  aforesaid  shall  be  laid  down  by  said  Commis- 
sioners on  accurate  modern  charts  prepared  or  adopted  by  them  for 
that  purpose,  in  quadruplicate  sets,  certified  and  signed  by  the  Com- 
missioners, two  duplicate  originals  of  which  shall  be  filed  by  them 
with  each  Government;  and  the  Commissioners  shall  also  prepare  in 
duplicate  and  file  with  each  Government  a joint  report  or  reports 
describing  in  detail  the  course  of  said  line  and  the  range  marks  and 
buoys  marking  it,  and  the  character  and  location  of  each  boundary 
mark.  The  majority  of  the  Commissioners  shall  have  power  to  ren- 
der a decision. 

The  line  so  defined  and  laid  down  shall  be  taken  and  deemed  to  be 
the  international  boundary  as  defined  and  established  by  treaty  pro- 
visions and  the  proceedings  thereunder  as  aforesaid  from  its  inter- 
section with  the  St.  Lawrence  River  to  the  mouth  of  Pigeon  River. 

Article  V. 

» 

THE  BOUNDARY  FROM  THE  MOUTH  OF  PIGEON  RIVER  TO  THE  NORTHWEST- 
ERN MOST  POINT  OF  THE  LAKE  OF  THE  WOODS. 

In  order  to  complete  and  perfect  the  demarcation  of  the  interna- 
tional boundary  line  between  the  United  States  and  the  Dominion  of 
Canada  from  the  mouth  of  Pigeon  River,  at  the  western  shore  of 
Lake  Superior,  to  the  northwesternmost  point  of  the  Lake  of  the 
Woods,  which  boundary  is  defined  in  Article  II  of  the  Treaty  of 
Peace  between  the  United  States  and  Great  Britain  dated  September 
3,  1783,  and  in  Article  II  of  the  Treaty  of  August  9,  1812,  between  the 
United  States  and  Great  Britain,  wherein  is  defined  also  the  location 
of  the  said  northwesternmost  point  of  the  Lake  of  the  Woods,  and 
the  greater  part  of  the  said  boundary  is  marked  on  charts  covering 
that  section  of  the  boundary  adopted  as  treaty  charts  of  the  bound- 
ary under  the  provisions  of  Article  II  of  the  Treaty  of  1842  afore- 
said, but  has  never  been  actually  located  or  monumented  along  its 
course  by  joint  action  of  the  two  Governments,  and  no  joint  survey 
of  its  course  has  been  made  since  the  survey  under  the  direction  of 
the  Commissioners  appointed  under  Article  VII  of  the  Treaty  of 
December  24,  1814,  between  the  United  States  and  Great  Britain, 
under  whose  direction  the  charts  above  mentioned  were  prepared. 

It  is  agreed  that  each  of  the  High  Contracting  Parties  shall  ap- 
point, without  delajq  an  expert  geographer  or  surveyor  as  Commis- 
sioners, who  shall  reestablish  and  fix  the  actual  location  of  said  entire 


GREAT  BRITAIN ^1908. 


823 


boundary  described  and  charted  as  aforesaid,  and  designate  the  side 
of  the  boundary  upon  which  each  island  adjacent  to  the  boundary 
belongs,  it  being  mutually  understood  that  the  boundary,  so  far  as 
practicable,  shall  be  a water  line  and  shall  not  intersect  islands  lying 
along  its  course,  and  the  Commissioners  shall  so  far  as  practicable 
mark  such  boundary  along  its  course  by  monuments  and  buoys  and 
range  marks,  and  such  other  boundary  marks  as  the  Commissioners 
may  determine,  and  at  such  points  as  in  their  judgment  it  is  desir- 
able that  the  boundary  shall  be  so  marked ; and  it  is  further  agreed 
that  the  course  of  the  entire  boundary  as  described*  and  laid  down  as 
aforesaid  and  as  monumented  by  said  Commissioners  shall  be  marked 
by  them  upon  quadruplicate  sets  of  accurate  modern  charts  prepared 
or  adopted  by  them  for  that  purpose,  and  that  said  charts  so  marked 
shall  be  certified  and  signed  by  them  and  two  duplicate  originals 
thereof  shall  be  filed  with  each  Government,  and  said  Commissioners 
shall  also  prepare  in  duplicate  and  file  with  each  Government  a joint 
report  or  reports  describing  in  detail  the  course  of  the  boundary  so 
marked  by  them  and  the  character  and  location  of  the  several  monu- 
ments and  boundary  marks  and  ranges  marking  it. 

The  line  so  defined  and  laid  down  shall  be  taken  and  deemed  to  be 
the  international  boundary  as  defined  and  established  under  the 
aforesaid  treaties  from  the  mouth  of  Pigeon  Eiver  to  the  north- 
westernmost  point  of  the  Lake  of  the  Woods. 

Article  VI. 

THE  boundary  FROM  THE  NORTHWESTERNMOST  POINT  OF  THE  LAKE  OF 
THE  WOODS  TO  THE  SUMMIT  OF  THE  ROCKY  MOUNTAINS. 

In  order  to  complete  and  render  thoroughly  effective  the  demarca- 
tion of  the  international  boundary  between  the  United  States  and  the 
Dominion  of  Canada  from  the  northwesternmost  point  of  the  Lake 
of  the  Woods  to  the  summit  of  the  Rocky  Mountains,  which  bound- 
ary, according  to  existing  treaties,  runs  due  south  from  said  north- 
westernmost point  to  the  forty-ninth  parallel  of  north  latitude  and 
thence  along  that  parallel  to  the  summit  of  the  Rocky  Mountains, 
and  has  been  surveyed  and  charted  and  monumented  as  appears  from 
the  series  of  twenty-four  sectional  maps  covering  this  portion  of  the 
boundary  prepared  and  filed  by  the  Joint  Commission  appointed  for 
that  purpose  by  joint  action  of  the  two  Governments  in  1872. 

It  is  agreed  that  each  of  the  High  Contracting  Parties  shall  ap- 
point, without  delay,  an  expert  geographer  or  surveyor  as  a Commis- 
sioner, and  under  the  joint  direction  of  such  Commissioners  lost  or 
damaged  monuments  along  the  course  of  said  boundary  shall  be 
relocated  and  repaired  and  additional  monuments  and  boundary 
marks  shall  be  established  wherever  necessary,  in  the  judgment  of 
the  Commissioners,  to  meet  the  requirements  of  modern  conditions 
and  to  render  more  effective  the  demarcation  of  the  existent  bound- 
ary established  under  the  treaty  provisions  and  proceedings  there- 
under as  aforesaid;  and  it  is  further  agreed  that  in  carrying  out 
these  provisions  the  said  Commissioners  shall  observe  the  agreement 
stated  in  the  protocol  of  the  final  meeting,  dated  May  29,  1876,  of 
the  Joint  Commission  aforesaid,  which  is  as  follows: 


824 


TEEATIES,  CONVENTIONS,  ETC. 


“ 2.  In  the  intervals  between  the  monuments  along  the  parallel 
of  latitude,  it  is  agreed  that  the  line  has  the  curvature  of  a parallel 
of  49°  north  latitude;  and  that  such  characteristic  shall  determine 
all  questions  that  may  hereafter  arise  with  reference  to  the  position 
of  the  boundary  at  any  point  between  neighboring  monuments. 

“ 3.  It  is  further  agreed  that,  in  the  event  of  any  of  the  said  three 
hundred  and  eighty-eight  monuments  or  marks  being  obliterated 
beyond  the  power  of  recognition,  the  lost  site  or  sites  shall  be  recov- 
ered by  their  recorded  position  relatively  to  the  next  neighboring 
unobliterated  mark  or  marks.” 

It  is  further  agreed  that  the  said  Commissioners  shall  mark  upon 
quadruplicate  sets  of  accurate  modern  charts  prepared  or  adopted  by 
them  for  that  purjiose  the  entire  course  of  said  boundary  and  the 
location  of  the  boundary  monuments  and  marks  established  along 
the  course  of  said  boundary,  and  two  duplicate  originals  thereof  shall 
be  filed  with  each  Government,  and  said  Commissioners  shall  also 
prepare  in  duplicate  and  file  with  each  Government  a joint  report 
describing  in  detail  the  work  done  by  them  in  replacing  and  repair- 
ing lost  or  damaged  monuments  and  the  character  and  location  of 
the  several  monuments  and  boundary  marks  placed  by  them  along 
said  boundary. 

The  line  so  laid  down  and  defined  shall  be  taken  and  deemed  to  be 
the  international  boundary  as  defined  and  established  by  treaty 
provisions  and  the  proceedings  thereunder  as  aforesaid  from  the 
northwesternmost  point  of  the  Lake  of  the  Woods  to  the  summit  of 
the  Rocky  Mountains. 

Article  VII. 

THE  BOUNDARY  FROM  THE  SUMMIT  OF  THE  ROCKY  MOUNTAINS  TO  THE 

GULF  OF  GEORGIA. 

Whereas,  by  concurrent  action  of  the  Government  of  the  United 
States  and  the  Government  of  Great  Britain  in  1902  and  1903,  Com- 
missioners were  designated  to  act  jointly  for  the  purpose  of  renew- 
ing lost  or  damaged  monuments  and  placing  additional  monuments 
where  such  were  needed  throughout  the  course  of  the  boundary 
along  the  forty-ninth  parallel  of  north  latitude,  from  the  summit  of 
the  Rocky  Mountains  westward  to  the  eastern  shore  of  the  Gulf  of 
Georgia,  as  defined  in  Article  I of  the  treaty  of  June  15,  1846, 
between  the  United  States  and  Great  Britain  and  as  marked  by 
monuments  along  its  course  and  laid  down  on  a series  of  charts, 
seven  in  number,  by  a Joint  Commission  organized  in  1858  for  that 
purpose-  and  composed  of  two  Commissioners  appointed  one  by  each 
Government,  which  charts,  duly  certified  and  authenticated  in  dupli- 
cate by  said  Commissioners,  were  approved  and  adopted  by  the  two 
Governments,  as  • appears  from  the  declaration  in  writing  to  that 
effect  sig-ned  on  February  24,  1870,  at  Washington  by  duly  authorized 
Plenipotentiaries  of  the  respective  Governments,  and  it  appearing 
that  the  remonumenting  of  this  line  by  the  Commissioners  first  above 
referred  to  is  now  approaching  completion ; 

It  is  hereby  agreed  by  the  High  Contracting  Parties  that  when  such 
work  is  completed  the  entire  course  of  said  boundary,  showing  the 
location  of  the  boundary  monuments  and  marks  established  along 


GEEAT  BRITAIN 1908. 


825 


the  course  of  the  boundary,  shall  be  marked  upon  quadruplicate  sets 
of  accurate  modern  charts  prepared  or  adopted  for  that  purpose,  and 
the  said  Commissioners,  or  their  successors,  are  hereby  authorized 
and  required  to  so  mark  the  line  and  designate  the  monuments  on  such 
charts,  two  duplicate  originals  of  which  shall  be  filed  with  each  Gov- 
ernment, and  the  said  Commissioners,  or  their  successors,  shall  also 
prepare  in  duplicate  and  file  with  each  Government  a joint  report 
describing  in  detail  the  work  done  by  them  in  replacing  and  repair- 
ing lost  or  damaged  monuments  and  the  character  and  location  of  the 
several  monuments  and  boundary  marks  placed  by  them  along  said 
boundary. 

The  line  so  laid  down  and  defined  shall  be  taken  and  deemed  to  be 
the  international  boundary  as  defined  and  established  by  treaty  pro- 
visions and  the  proceedings  thereunder  as  aforesaid,  from  the  summit 
of  the  Eocky  Mountains  to  the  eastern  shore  of  the  Gulf  of  Georgia. 

.l^JITICLE  VIII. 

THE  BOUNDARY  FROM  THE  FORTY-NINTH  PARALLEL  TO  THE  PACIFIC  OCEAN. 

The  High  Contracting  Parties  agree  that  each  shall  appoint,  with- 
out delay,  an  expert  geographer  or  surveyor  to  serve  as  Commission- 
ers for  the  purpose  of  delineating  upon  accurate  modern  charts,  pre- 
pared or  adopted  by  them  for  that  purpose,  the  international  bound- 
ary line  between  the  United  States  and  the  Dominion  of  Canada  from 
the  forty-ninth  parallel  of  north  latitude  along  the  middle  of  the 
channel  which  separates  Vancouver’s  Island  from  the  mainland  and 
the  middle  of  the  Haro  Channel  and  of  Fuca’s  Straits  to  the  Pacific 
Ocean,  as  defined  in  Article  I of  the  Treaty  of  June  15,  1846,  between 
the  United  States  and  Great  Gritain,  and  as  determined  by  the  award 
made  on  October  21,  1872,  by  the  Emperor  of  Germany  as  arbitrator 
pursuant  to  the  provisions  of  Articles  XXXIV-XLII  of  the  Treaty 
of  May  8,  1871,  between  the  United  States  and  Great  Britain,  and 
as  traced  out  and  marked  on  a quadruplicate  set  of  charts  prepared 
for  that  purpose  and  agreed  upon  and  signed  by  the  duly  authorized 
representatives  of  the  respective  Governments,  as  appears  from  the 
protocol  of  a conference  at  Washington  on  March  10,  1873,  between 
such  representatives  which  was  signed  by  them  on  that  date,  and  as 
defined  by  them  in  a written  definition  of  said  boundary  signed  by 
them  and  referred  to  in  and  attached  to  said  protocol,  and  it  is  agreed 
that  the  said  Commissioners  shall  adopt  in  place  of  the  curved  line 
passing  between  Saturna  Island  and  Patos  Island  as  shown  on  said 
charts  a straight  line  running  approximately  north  and  south  through 
a point  midway  between  the  eastern  point  of  Saturna  Island  and 
the  western  point  of  Patos  Island  and  intersecting  the  prolongations 
of  the  two  straight  lines  of  the  boundary  now  joined  by  a curved  line. 
The  entire  line  thus  laid  down  shall  consist  of  a series  of  connecting 
straight  lines  defined  by  distances  and  courses;  and  the  Commis- 
sioners are  authorized  to  select  and  establish  such  reference  marks  on 
shore  as  they  may  deem  necessary  for  the  proper  definition  and  loca- 
tion on  the  water  of  the  boundary  aforesaid.  A quadruplicate 
set  of  such  charts,  showing  the  lines  so  laid  down  and  marked  by 
them,  and  the  location  of  the  several  marks  or  monuments  selected  or 


826 


TREATIES,  CONVENTIONS,  ETC. 


established  by  them  along  its  course,  shall  be  signed  by  them  and 
two  duplicate  originals  thereof  shall  be  filed  by  them  with  each  Gov- 
ernment, and  the  Commissioners  shall  also  prepare  in  duplicate  and 
file  with  each  Government  a joint  report,  or  reports,  describing  in 
detail  the  course  of  said  line  and  the  boundary  marks  and  their  loca- 
tion along  its  course. 

The  line  so  defined  and  laid  down  shall  be  taken  and  deemed  to 
be  the  international  boundary,  as  defined  and  established  by  treaty 
provisions  and  the  proceedings  thereunder  as  aforesaid,  from  the 
forty-ninth  parallel  of  north  latitude  along  the  middle  of  the  channel 
which  separates  Vancouver’s  Island  from  the  mainland  and  the 
middle  of  Haro  Channel  and  of  Fuca’s  Straits  to  the  Pacific  Ocean. 

Article  IX. 

GENERAL  PROVISIONS. 

The  Commissioners  appointed  under  the  provisions  of  this  Treaty 
shall  proceed  without  delay  to  perform  the  duties  assigned  to  them, 
but  each  Commissioner  shall,  before  entering  upon  his  duties,  make 
oath  in  writing  that  he  will  impartially  and  faithfully  perform  his 
duties  as  such  Commissioner. 

In  case  a vacancy  occurs  in  any  of  the  Commissions  constituted  by 
this  Treaty,  by  reason  of  the  death,  resignation,  or  other  disability 
of  a Commissioner,  before  the  work  of  such  Commission  is  completed, 
the  vacancy  so  caused  shall  be  filled  forthwith  by  the  appointment 
of  another  Commissioner  by  the  party  on  whose  side  the  vacancy 
occurs,  and  the  Commissioner  so  appointed  shall  have  the  same 
powers  and  be  subject  to  the  same  duties  and  obligations  as  the  Com- 
missioner originally  appointed. 

If  a dispute  or  difference  should  arise  about  the  location  or  de- 
marcation of  any  portion  of  the  boundary  covered  by  the  provisions 
of  this  Treaty  and  an  agreement  with  respect  thereto  is  not  reached 
by  the  Commissioners  charged  herein  with  locating  and  marking 
such  portion  of  the  line,  they  shall  make  a report  in  writing  jointly 
to  both  Governments,  or  severally  each  to  his  own  Government,  set- 
ting out  fully  the  questions  in  dispute  and  the  differences  between 
them,  but  such  Commissioners  shall,  nevertheless,  proceed  to  carry 
on  and  complete  as  far  as  possible  the  work  herein  assigned  to  them 
with  respect  to  the  remaining  portions  of  the  line. 

In  case  of  such  a disagreement  between  the  Commissioners,  the  two 
Governments  shall  endeavor  to  agree  upon  an  adjustment  of  the 
questions  in  dispute,  and  if  an  agreement  is  reached  between  the 
two  Governments  it  shall  be  reduced  to  writing  in  the  form  of  a pro- 
tocol, and  sliall  be  communicated  to  the  said  Commissioners,  who  shall 
proceed  to  lay  down  and  mark  the  boundary  in  accordance  there- 
with, and  as  herein  provided,  but  without  prejudice  to  the  special 
provisions  contained  in  Articles  I and  II  regarding  arbitration. 

It  is  understood  that  under  the  foregoing  articles  the  same  persons 
will  be  appointed  to  carry  out  the  delimitation  of  boundaries  in  the 
several  sections  aforesaid,  other  than  the  section  covered  by  Article 
IV,  unless  either  of  the  Contracting  Powers  finds  it  expedient  for 
some  reason  which  it  may  think  sufficient  to  appoint  some  other  per- 
son to  be  Commissioner  for  any  one  of  the  above-mentioned  sections. 


GREAT  BRITAIN — ^1908. 


827 


Each  Government  shall  pay  the  expenses  of  its  own  Commissioners 
and  their  assistants,  and  the  cost  of  marking  and  monumenting  the 
boundary  shall  be  paid  in  equal  moieties  by  the  two  Governments. 

Article  X. 

This  Treaty  shall  be  ratified  by  the  President  of  the  United  States, 
by  and  with  the  advice  and  consent  of  the  Senate  thereof,  and  by  His 
Britannic  Majesty;  and  the  ratifications  shall  be  exchanged  in  Wash- 
ington as  soon  as  practicable. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  this 
Treaty  in  duplicate  and  have  hereunto  affixed  their  seals. 

Done  at  Washington  the  11th  day  of  April  in  the  year  of  our  Lord 
one  thousand  nine  hundred  and  eight. 

Elihu  Eoot  [seal.] 
James  Bryce  [seal.] 


1908. 

Treaty  Concerning  Fisheries  in  United  States  and  Canadian 

Waters. 

Concluded  April  11, 1908;  ratification  advised  hy  the  Senate  April  17, 
1908;  ratified  hy  the  President  May  11,  1908;  ratifications  ex- 
changed June  J^,  1908;  proclaimed  July  1,  1908. 


Articles. 


I.  International  Fisheries  Commis- 

sion. 

II.  Duties  of  Commission. 

III.  Enforcement  of  regulations. 


IV.  Waters  in  which  regulations  ap- 
plicable. 

V.  Duration  of  Commission. 

VI.  Duration  of  regulations. 

VII.  Ratification. 


The  United  States  of  America  and  His  Majesty  Edward  the  Sev- 
enth, of  the  United  Kingdom  of  Great  Britain  and  Ireland,  and  of 
• the  British  Dominions  beyond  the  Seas,  King,  and  Emperor  of  India, 
equally  recognizing  the  desirability  of  uniform  and  effective  measures 
for  the  protection,  preservation,  and  propagation  of  the  food  fishes 
in  the  waters  contiguous  to  the  United  States  and  the  Dominion  of 
Canada,  have  resolved  to  conclude  a Convention  for  these  purposes, 
and  have  named  as  their  Plenipotentiaries : 

The  President  of  the  United  States  of  America,  Elihu  Eoot,  Sec- 
retary of  State  of  the  United  States ; and 

His  Britannic  Majesty,  the  Eight  Honorable  James  Bryce,  O.  M., 
His  Majesty’s  Aimbassador  Extraordinary  and  Plenipotentiary  at 
Washin^on; 

Who,  having  exchanged  their  full  powers,  found  in  due  form,  have 
agreed  to  and  signed  the  following  articles ; 

Article  I. 

The  times,  seasons,  and  methods  of  fishing  in  the  waters  contiguous 
to  the  United  States  and  Canada  as  specified  in  Article  IV  of  this 


828 


TBEATIES,  CONVENTIONS,  ETC. 


Convention,  and  the  nets,  engines,  gear,  apjDaratus,  and  appliances 
which  may  be  used  therein,  shall  be  fixed  and  determined  by  uniform 
and  common  international  regulations,  restrictions,  and  provisions; 
and  to  that  end  the  High  Contracting  Parties  agree  to  appoint,  within 
three  months  after  this  Convention  is  proclaimed,  a Commission  to 
be  known  as  the  International  Fisheries  Commission,  consisting  of 
one  person  named  by  each  Government. 

Aeticle  II. 

It  shall  be  the  duty  of  this  International  Fisheries  Commission, 
within  six  months  after  being  named,  to  prepare  a system  of  uniform 
and  common  International  Regulations  for  the  protection  and  pres- 
ervation of  the  food  fishes  in  each  of  the  waters  prescribed  in  Article 
IV  of  this  Convention,  which  Regulations  shall  embrace  close  seasons, 
limitations  as  to  the  character,  size,  and  manner  of  use  of  nets, 
engines,  gear,  apparatus,  and  other  appliances;  a uniform  system  of 
registry  by  each  Government  in  waters  where  required  for  the  more 
convenient  regulation  of  commercial  fishing  by  its  own  citizens  or 
subjects  within  its  own  territorial  waters  or  any  part  of  such  waters; 
an  arrangement  for  concurrent  measures  for  the  propagation  of  fish ; 
and  such  other  provisions  and  measures  as  the  Commission  shall 
deem  necessary. 

Article  III. 

The  two  Governments  engage  to  put  into  operation  and  to  enforce 
by  legislation  and  executive  action,  with  as  little  delay  as  possible, 
the  Regulations,  restrictions,  and  provisions  with  appropriate  pen- 
alties for  all  breaches  thereof;  and  the  date  when  they  shall  be  put 
into  operation  shall  be  fixed  by  the  concurrent  proclamations  of  the 
President  of  the  United  States  and  the  Governor-General  of  the 
Dominion  of  Canada  in  Council. 

And  it  is  further  agreed  that  jurisdiction  shall  be  exercised  by 
either  Government,  as  well  over  citizens  or  subjects  of  either  party 
apprehended  for  violation  of  the  Regulations  in  any  of  its  own  waters 
to  which  said  Regulations  apply,  as  over  its  own  citizens  or  subjects 
found  within  its  own  jurisdiction  who  shall  have  violated  said  Regu- 
lations within  the  waters  of  the  other  party. 

Article  IV. 

It  is  agreed  that  the  waters  within  which  the  aforementioned  Reg- 
ulations are  to  be  applied  shall  be  as  follows:  (1)  The  territorial 
waters  of  Passamaquoddy  Bay;  (2)  the  St.  John  and  St.  Croix 
Rivers;  (3)  Lake  Memphremagog;  (4)  Lake  Champlain ; (5)  the  St. 
Lawrence  River,  where  the  said  River  constitutes  the  International 
Boundary;  (6)  Lake  Ontario;  (7)  the  Niagara  River;  (8)  Lake  Erie; 
(9)  the  waters  connecting  Lake  Erie  and  Lake  Huron,  including  Lake 
St.  Clair;  (10)  Lake  Huron,  excluding  Georgian  Bay  but  including 
North  Channel;  (11)  St.  Mary’s  River  and  Lake  Superior;  (12) 
Rainy  River  and  Rainy  Lake;  (13)  Lake  of  the  Woods;  (14)  the 
Strait  of  San  Juan  de  Fuca,  those  parts  of  Washington  Sound,  the 
Gulf  of  Georgia  and  Puget  Sound  lying  between  the  parallels  of  48° 


GBEAT  BRITAIN — ^1908. 


829 


10'  and  49°  20' ; (15)  and  such  other  contiguous  waters  as  may  be  rec- 
ommended by  the  International  Fisheries  Commission  and  approved 
by  the  two  Governments.  It  is  agreed  on  the  part  of  Great  Britain 
that  the  Canadian  Government  will  protect  by  adequate  regulations 
the  food  fishes  frequenting  the  Fraser  River. 

The  two  Governments  engage  to  have  prepared  as  soon  as  prac- 
ticable charts  of  the  waters  described  in  this  Article,  with  the  Inter- 
national Boundary  Line  indicated  thereon;  and  to  establish  such 
additional  boundary  monuments,  buoys,  and  marks  as  may  be  recom- 
mended by  the  Commission. 

Article  V. 

The  International  Fisheries  Commission  shall  continue  in  existence 
^ so  long  as  this  Convention  shall  be  in  force,  and  each  Government 

j shall  have  the  power  to  fill,  and  shall  fill  from  time  to  time,  any 

vacancy  which  may  occur  in  its  representation  on  the  Commission. 
Each  Government  shall  pay  its  own  Commissioner,  and  any  joint 
i expenses  shall  be  paid  by  the  two  Governments  in  equal  moieties. 

i Article  "VT. 

The  Regulations,  restrictions,  and  provisions  provided  for  in  this 
Convention  shall  remain  in  force  for  a period  of  four  years  from  the 
date  of  their  executive  promulgation,  and  thereafter  until  one  year 
from  the  date  when  either  the  Government  of  the  United  States  or  of 
I Great  Britain  shall  give  notice  to  the  other  of  its  desire  for  their 
revision ; and  immediately  upon  such  notice  being  given  the  Commis- 
sion shall  proceed  to  make  a revision  thereof,  which  Revised  Regula- 
tions, if  adopted  and  promulgated  by  the  President  of  the  United 
. States  and  the  Governor-General  of  Canada  in  Council,  shall  remain 
I in  force  for  another  period  of  four  years  and  thereafter  until  one  year 
I from  the  date  when  a further  notice  of  revision  is  given  as  above 
provided  in  this  Article.  It  shall,  however,  be  in  the  power  of  the 
two  Governments,  by  joint  or  concurrent  action  upon  the  recommen- 
dation of  the  Commission,  to  make  modifications  at  any  time  in  the 
Regulations. 

Article  VII. 

The  present  Convention  shall  be  duly  ratified  by  the  President  of 
the  United  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof,  and  by  His  Britannic  Majesty,  and  the  ratifications  shall  be 
exchanged  in  Washington  as  soon  as  practicable. 

In  faith  whereof,  the  respective  Plenipotentiaries  have  signed  the 
present  Convention  in  duplicate,  and  have  thereunto  affixed  their 
seals. 

Done  at  Washington  the  11th  day  of  April,  in  the  year  of  our 
Lord  one  thousand  nine  hundred  and  eight. 

Elihu  Root  [seal.] 
James  Bryce  [seal.] 


830 


TBEATIES,  CONVENTIONS,  ETC. 

1908. 


Treatt  in  Reference  to  Reciprocal  Rights  for  United  States  and 
Canada  in  the  Matters  of  Conveyance  of  Prisoners  and  Wreck- 
ing AND  Salvage. 

Concluded  May  18, 1908 ; ratification  advised  Toy  the  Senate  May  20, 
1908;  ratified  Toy  the  President  June  19,  1908;  ratifications  ex- 
changed June  30,  1908;  'proclaimed  July  10,  1908. 

Articles. 

I.  Conveyance  of  prisoners.  I III.  Duration. 

II.  Wrecking  and  salvage.  I IV.  Ratification. 

The  United  States  of  America  and  His  Majesty  the  King  of  the 
United  Kingdom  of  Great  Britain  and  Ireland  and  of  the  British 
Dominions  beyond  the  Seas,  Emperor  of  India,  being  desirous  to 
make  provision  for  the  conveyance  of  persons  in  lawful  custody  for 
trial  or  punishment  eitlier  in  the  United  States  or  the  Dominion  of 
Canada  through  the  territory  of  the  other,  and  for  reciprocal  rights  in 
wrecking  and  salvage  in  the  waters  contiguous  to  the  boundary 
between  the  United  States  and  the  Dominion  of  Canada,  have  for  that 
purpose  resolved  to  conclude  a treaty,  and  to  that  end  have  appointed 
as  their  plenipotentiaries: 

The  President  of  the  United  States  of  America,  Robert  Bacon,  Act- 
ing Secretary  of  State  of  the  United  States;  and  His  Majesty  the 
King  of  the  United  Kingdom  of  Great  Britain  and  Ireland  and  of  the 
British  Dominions  beyond  the  Seas,  Emperor  of  India,  the  Right 
Honorable  James  Bryce,  O.  M.,  His  Ambassador  Extraordinary  and 
Plenipotentiary  at  Washington; 

who,  after  communicating  to  each  other  their  respective  full  powers, 
which  were  found  to  be  in  due  and  proper  form,  have  agreed  to  and 
concluded  the  following  articles: 

Article  I. 

CONVEYANCE  OF  PRISONERS. 

Any  officer  of  the  United  States  of  America  or  of  any  state  or  terri- 
tory thereof,  having  in  his  custody  without  the  borders  of  Canada,  by 
virtue  of  any  warrant  or  any  other  lawful  process  issued  by  authority 
of  the  United  States  or  of  any  state  or  territory  thereof,  any  person 
charged  with  or  convicted  of  any  of  the  criminal  offences  specified 
below,  committed  within  the  jurisdiction  of  the  United  States  or  of 
any  state  or  territory  thereof,  may,  in  executing  such  warrant  or 
process,  convey  such  person  through  any  part  of  Canada  to  a place  in 
the  United  States,  if  such  warrant  or  process  is  endorsed,  or  nacked, 
by  a judge,  magistrate  or  justice  of  the  peace  in  Canada,  or  if  the 
authority  of  the  Minister  of  Justice  of  Canada  for  such  conveyance  is 
first  obtained. 

During  such  conveyance  of  such  person  through  Canada,  such  officer 
may  keep  such  person  in  his  custody,  and  in  case  of  escape  may 
recapture  him. 

Any  officer  of  the  Dominion  of  Canada  or  of  any  province  or  terri- 
tory thereof,  having  in  his  custody  without  the  borders  of  the  United 


831 


■ = -GHteAT  BRITAIN ^1908.  "V 

States  of  America,  by  virtue  of  any  warrant  or  any  other  lawful 
process  issued  by  authority  of  the  law  of  the  Dominion  or  of  any 
province  or  territory  thereof,  any  person  charged  with  or  convicted 
of  any  of  the  criminal  offences  specified  below,  committed  in  Canada, 
may,  in  executing  such  warrant  or  process,  convey  such  person 
through  any  part  of  the  United  States  to  a place  in  Canada,  if  such 
warrant  or  process  is  endorsed,  or  backed,  by  a judge,  magistrate  or 
justice  of  the  peace  in  the  United  States,  or  if  the  authority  of  the 
Secretary  of  State  of  the  United  States  for  such  conveyance  is  first 
obtained. 

During  such  conveyance  of  such  person  through  the  United  States, 
such  officer  may  keep  such  person  in  his  custody,  and  in  case  of  escape 
may  recapture  him. 

The  foregoing  provision  shall  apply  only  to  persons  charged  with 
or  convicted  of  offences  of  the  following  descriptions : 

1.  Offences  for  which  extradition  is  at  the  time  authorized  by  a 
treaty  in  force  between  the  United  States  and  Great  Britain. 

2.  Assault  with  intent  to  commit  grievous  bodily  harm. 

3.  Assault  upon  an  officer  of  the  law  in  the  execution  of  his  duty. 

The  United  States  and  the  Dominion  of  Canada  may  by  concur- 
rent legislation  make  further  or  other  regulations  for  authenticat- 
ing the  warant  or  process  under  which  the  person  in  custody  is  to 
be  conveyed,  as  before  provided. 

Article  II 

WRECKING  AND  SALVAGE. 

The  High  Contracting  Parties  agree  that  vessels  and  wrecking 
appliances,  either  from  the  United  States  or  from  the  Dominion 
of  Canada,  may  salve  any  property  wrecked  and  may  render  aid 
and  assistance  to  any  vessels  wrecked,  disabled  or  in  distress  in  the 
waters  or  on  the  shores  of  the  other  country  in  that  portion  of  the 
St.  Lawrence  Eiver  through  which  the  International  Boundary  line 
extends,  and,  in  Lake  Ontario,  Lake  Erie,  Lake  St.  Clair,  Lake  Huron, 
and  Lake  Superior,  and  in  the  Rivers  Niagara,  Detroit,  St.  Clair, 
and  Ste  Marie,  and  the  Canals  at  Sault  Ste  Marie,  and  on  the  shores 
and  in  the  waters  of  the  other  country  along  the  Atlantic  and  Pacific 
Coasts  within  a distance  of  thirty  miles  from  the  International 
Boundary  on  such  Coasts. 

It  is  further  agreed  that  such  reciprocal  wrecking  and  salvage 
privileges  shall  include  all  necessary  towing  incident  thereto,  and 
that  nothing  in  the  Customs,  Coasting  or  other  laws  or  regulations 
of  either  country  shall  restrict  in  any  manner  the  salving  operations 
of  such  vessels  or  wrecking  appliances. 

Vessels  from  either  country  employed  in  salving  in  the  waters  of 
the  other  shall,  as  soon  as  practicable  afterwards,  make  full  report 
at  the  nearest  custom  house  of  the  country  in  whose  waters  such 
salving  takes  place. 

Article  III. 

This  Treaty  shall  remain  in  force  for  ten  years  after  its  date  and 
thereafter  until  terminated  by  twelve  months’  written  notice  given 
by  either  High  Contracting  Party  to  the  other.  , 


832 


TREATIES,  CONVENTIONS,  ETC. 

i 

Article  IV. 

This  Treaty  shall  be  ratified  by  the  President  of  the  United  States, 
by  and  with  the  advice  and  consent  of  the  Senate  thereof,  and  by  His 
Britannic  Majesty;  and  the  ratifications  shall  be  exchanged  in  Wash- 
ington as  soon  as  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  this 
Treaty  in  duplicate  and  have  hereunto  affixed  their  seals. 

Done  at  Washington  the  eighteenth  day  of  May,  in  the  year  of 
our  Lord  one  thousand  nine  hundred  and  eight. 

Egbert  Bacon  [seal] 
James  Bryce  [seal] 


1908.“ 

Agreement  Effected  by  Exchange  or  Notes  Concerning 
Newfoundland  Fisheries. 

Signed  at  London^  July  15-23, 1908. 

The  British  foreign  office  to  the  American  Ambassador.  - 

Foreign  Office,  July  15, 1908. 

Your  Excellency,  On  the  18th  ultimo  Your  Excellency  pro- 
posed on  behalf  of  the  United  States  Government  that,  as  arbitra- 
tion in  regard  to  the  Newfoundland  fisheries  question  could  not  be 
arranged  before  the  forthcoming  fishery  season,  the  “ modus 
vivendi  ” of  last  year  should  be  renewed  with  the  same  elasticity 
as  before  for  the  parties  concerned  to  make  local  arrangements  satis- 
factory to  both  sides. 

I have  the  honor  to  inform  Your  Excellency  that  the  Newfound- 
land government,  having  been  consulted  on  the  subject,  have  ex- 
pressed the  desire  that  the  herring  fishery  during  the  ensuing  season 
should  be  commenced  on  the  same  principles  as  in  the  season  of  1907, 
and  formally  undertake  to  permit  during  this  year  the  conduct  of 
the  herring  fishery  as  last  year. 

As  the  arrangements  for  last  year  were  admittedly  satisfactory  to 
all  concerned  in  the  fishing.  His  Majesty’s  Government  hope  that  the 
United  States  Government  will  see  their  way  to  accept  this  formal 
assurance  on  the  part  of  the  Newfoundland  government  as  a satis- 
factory arrangement  for  the  season  of  1908.  It  this  course  be  adopted 
it  would  seem  unnecessary  to  enter  into  any  further  formal  arrange- 
ments, seeing  that  the  communication  of  this  assurance  to  the  United 
States  Government  and  its  acceptance  by  them  would  be  tantamount 
to  a modus  vivendi. 

I have  the  honor  to  be,  with  the  highest  consideration,  your  excel- 
lency’s most  obedient,  humble  servant. 

For  Sir  Edward  Grey, 
Louis  Mallet. 

His  excellency  the  Honorable  Whitelaw  Reid,  etc.,  etc.,  etc. 


The  Ameiican  ambassador  to  the  British  foreign  office. 

American  Embassy,  London,  July  23, 1908. 
Sir,  The  reply,  in  your  letter  of  July  15,  1908,  to  my  proposal  of 
June  18th,  for  a renewal  of  last  year’s  modus  vivendi  for  the  ap- 


“ See  modus  vivendi  1909,  p.  844. 


GREAT  BRITAIN 1908. 


833 


preaching  Newfoundland  fisheries  season,  with  the  same  elasticity  as 
before  for  local  arrangements,  has  been  duly  considered. 

I am  gratified  to  learn  that  the  Newfoundland  Government  was  so 
well  satisfied  with  the  result  of  these  arrangements  under  the  modus 
vivendi  for  last  year  that  it  offers  a formal  undertaking  that  the 
American  fishermen  shall  be  permitted  to  conduct  the  herring  fish- 
eries this  year  in  the  same  way. 

It  is  proper  to  obseri^e  that  our  fishermen  would  have  preferred  last 
year,  and  would  prefer  now  to  work  the  fisheries  with  purse  seines, 
as  heretofore,  as  provided  in  the  modus  vivendi.  But  they  yielded 
last  year  to  the  strong  wishes  of  the  Newfoundland  Government  in 
this  matter,  and  joined  in  the  arrangement  under  the  elastic  clause  at 
the  close  of  the  modus  vivendi  by  which,  with  the  approval  of  the 
British  and  American  Governments,  they  gave  up  the  use  of  purse 
seines  in  return  for  certain  concessions.  I must  reserve  their  right 
to  this  use,  as  heretofore  enjoyed,  as  not  now  abandoned,  and  there- 
fore to  be  duly  considered  in  the  pending  arbitration  before  the 
Hague  Tribunal. 

But  with  this  reservation  and  with  the  approval  of  my  Govern- 
ment, I now  have  pleasure  in  accepting  the  offer  that  the  herring  fish- 
ery during  the  ensuing  season  shall  be  conducted  on  the  same  prin- 
ciples as  in  the  season  of  1907,  and  the  formal  undertaking  against 
interference  with  this  by  the  Newfoundland  Government,  as  a sub- 
stantial agreement  on  my  proposal  of  June  18th. 

We  unite  also  with  you  in  regarding  this  exchange  of  letters  as  con- 
stituting in  itself  a satisfactory  agreement  for  the  season  of  1908, 
without  the  necessity  for  any  further  formal  correspondence. 

I am  glad  to  add  that  Mr.  Alexander  of  the  United  States  Fish 
Commission,  will  be  sent  again  this  year  to  the  treaty  shore,  and  that 
my  Government  feels  sure  that,  through  his  influence,  there  will  be 
general  willingness  to  carry  out  the  spirit  of  the  understanding,  and 
work  on  the  lines  of  least  resistance. 

I have  the  honor  to  be,  with  the  highest  consideration.  Sir,  your 
most  obedient  humble  servant, 

Whitelaw  Keid. 

The  right  honorable  Sir  Edward  Grey,  Bart.,  etc.,  etc.,  etc. 


[Modus  Vivendi  Between  the  United  States  and  Great  Britain 
IN  Regard  to  Inshore  Fisheries  on  the  Treaty  Coast  oe  New- 
foundland.® 

AGREEMENT  EFFECTED  BY  EXCHANGE  OF  NOTES  AT  LONDON  SEPTEMBER  4r~6,  1907. 

The  American  ambassador  to  the  British  foreign  offlee. 

American  Embassy,  London,  September  If,  1907. 
Sir  : I am  authorized  by  my  Government  to  ratify  a Modus  Vivendi  in  regard 
to  the  Newfoundland  fishery  question,  as  follows : 

It  is  agreed  that  the  fisheries  shall  be  carried  on  during  the  present  year  sub- 
stantially as  they  were  actually  carried  on  for  the  most  of  the  time  by  mutual 
agreement,  under  the  Modus  Vivendi  of  1906. 


“ Reprinted  in  State  Department  print  of  modus  vivendi,  1908. 


24449— VOL  1-10- 53 


834 


TREATIES,  CONVENTIOKS,  ETC, 


(1)  It  is  understood  that  His  Majesty’s  Government  will  not  bring  into  force 
the  Newfoundland  foreign  fishing  vessels  act  of  1906,  which  imposes  on  Amer- 
ican fishing  vessels  certain  restrictions  in  addition  to  those  imposed  by  the  act 
of  1905,  and  also  that  the  provisions  of  the  first  part  of  Section  One  of  the  act  of 
1905,  as  to  boarding  and  bringing  into  port,  and  also  the  whole  of  Section  three 
of  the  same  act,  will  not  be  regarded  as  applying  to  American  fishing  vessels. 

(2  In  consideration  of  the  fact  that  the  shipment  of  Newfoundlanders  by 
American  fishermen  outside  the  three-mile  limit  is  not  to  be  made  the  basis  of 
interference  or  to  be  penalized,  my  Government  waives  the  use  of  purse  seines 
by  American  fishermen  during  the  term  governed  by  this  agreement,  and  also 
waives  the  right  to  fish  on  Sundays. 

(3)  It  is  understood  that  American  fishing  vessels  will  make  their  shipment 
of  Newfoundlanders,  as  fishermen,  sufficiently  far  from  the  exact  three-mile 
limit  to  avoid  reasonable  doubt. 

(4)  It  is  further  understood  that  American  fishermen  will  pay  light  dues 
when  not  deprived  of  their  rights  to  fish,  and  will  comply  with  the  provisions 
of  the  colonial  customs  law  as  to  reporting  at  a custom  house  when  physically 
possible  to  do  so. 

I need  not  add  that  my  Government  is  most  anxious  that  the  provisions  of 
this  Modus  Vivendi  should  be  made  effective  at  the  earliest  possible  moment, 
and  that,  in  view  of  this,  and  of  the  actual  presence  of  our  fishing  fleet  on  the 
treaty  shore,  we  do  not  feel  that  an  exchange  of  ratifications  should  be  longer 
delayed.  But  my  Government  has  every  desire  to  make  the  arrangement,  pend- 
ing arbitration,  as  agreeable  as  possible  to  the  Newfoundland  authorities  con- 
sistent with  the  due  safeguarding  of  treaty  rights  which  we  have  enjoyed  for 
nearly  a century.  If,  therefore,  the  proposals  you  have  recently  shown  me  from 
thp  Premier  of  Newfoundland  or  any  other  changes  in  the  above  Modus  Vivendi 
should  be  proposed  by  mutual  agreement  between  the  Newfoundland  author- 
ities and  our  fishermen,  having  due  regard  to  the  losses  that  might  be  incurred 
by  a change  of  plans  so  long  after  preparations  for  the  season’s  fishing  had  been 
made  and  the  voyage  begun,  my  Government  wall  be  ready  to  consider  such 
changes  with  you  iu  the  most  friendly  spirit,  and  if  found  not  to  compromise 
our  rights,  to  unite  w'ith  you  in  ratifying  them  at  once. 

I am  glad  to  be  assured  by  you  that  this  note  will  be  considered  as  sufficient 
ratification  of  the  Modus  Vivendi  on  the  part  of  my  Government. 

I have  the  honor  to  be,  with  the  highest  consideration.  Sir,  Your  most  obedient 
humble  servant, 

Whitelaw  Reid. 

The  Right  Honorable  Sir  Edward  Grey,  Baronet,  &c  &c  &c 


The  British  Foreign  Office  to  the  American  Ambassador, 

Foreign  Office,  September  6th,  1907. 

Yotjr  Excellency.  I have  the  honour  to  acknowledge  the  receipt  of  Your  Ex- 
cellency’s note  of  the  4th  instant,  containing  the  terms  of  the  Modus  Vivendi 
with  regard  to  the  Newfoundland  fisheries, — which  you  are  authorized  by  your 
Government  to  ratify. 

I am  glad  to  assure  your  Excellency  that  His  Majesty’s  Government  agrees  to 
the  terms  of  the  Modus  Vivendi  and  that  your  Excellency’s  note  wiU  be  con- 
sidered by  His  Majesty's  Government  as  a sufficient  ratification  of  that  arrange- 
ment on  the  part  of  His  Majesty’s  Government. 

His  Majesty’s  Government  fully  shares  the  desire  of  your  Government  that 
the  provisions  of  the  Modus  Vivendi  should  be  made  effective  at  the  earliest 
possible  moment,  and  the  necessary  steps  will  be  taken  by  His  Majesty’s 
Government  to  secure  its  observance. 

His  Majesty’s  Government  takes  note  of  the  conciliatory  offer  of  the  United 
States  Government  to  consider  in  a most  friendly  spirit  any  changes  in  the 
Modus  Vivendi  which  may  be  agreed  upon  locally  between  the  Newfoundland 
authorities  and  the  United  States  fishermen  and  which  may  be  acceptable  both 
to  the  United  States  Government  and  to  His  Majesty’s  Government. 

I have  the  honour  to  be,  with  the  highest  consideration.  Your  Excellency’s 
most  obedient  humble  servant, 

E.  Grey]. 

His  excellency  The  Honorable  Whitelaw  Reid,  &c  &c  &c 


GKEAT  BRITAIN 1909. 


835 


1909. 

Special  Agreement,  Submitting  to  Arbitration  the  North  At- 
lantic Coast  Fisheries. 

Signed  January  27,,  1909;  ratification  advised  Toy  the  Senate  Feloruary 
18, 1909;  confirmed  Toy  exchange  of  notes  March  4, 1909. 

Articles. 


I.  Questions  to  be  submitted. 

II.  Legislative  or  executive  acts  to  be 
considered. 

III.  Commission  of  experts. 

IV.  Rules  and  method  of  procedure  for 

future. 

V.  Tribunal  to  be  chosen  from  Per- 
manent Court,  Hague. 

Special  Agreement  for  the  Submission  of  Questions  Relating  to 
Fisheries  on  the  North  Atlantic  Coast  under  the  General  Treaty 
of  Arbitration  Concluded  between  the  United  States  and  Great 
Britain  on  the  Ifth  day  of  April,  1908. 

Article  I. 

Whereas,  by  Article  I of  the  Convention  signed  at  London  on  the 
20th  day  of  October,  1818,  betvreen  the  United  States  and  Great 
Britain,  it  was  agreed  as  follows : 

Whereas  differences  have  arisen  respecting  the  Liberty  claimed  by  the  United 
States  for  the  Inhabitants  thereof,  to  take,  dry  and  cure  Fish  on  Certain 
Coasts,  Bays,  Harbours  and  Creeks  of  His  Britannic  Majesty’s  Dominions  in 
America,  it  is  agreed  between  the  High  Contracting  Parties,  that  the  Inhabitants 
of  the  said  United  States  shall  have  forever,  in  common  with  the  Subjects  of 
His  Britannic  Majesty,  the  Liberty  to  take  Fish  of  every  kind  on  that  part  of 
the  Southern  Coast  of  Newfoundland  which  extends  from  Cape  Ray  to  the 
Rameau  Islands,  on  the  Western  and  Northern  Coast  of  Newfoundland,  from 
the  said  Cape  Ray  to  the  Quirpou  Islands  on  the  shores  of  the  Magdalen  Islands, 
and  also  on  the  Coasts,  Bays,  Harbours,  and  Creeks  from  Mount  Joly  on  the 
Southern  Coast  of  Labrador,  to  and  through  the  Sti’aits  of  Belleisle  and  thence 
Northwardly  indeflnitely  along  the  Coast,  without  prejudice  however,  to  any  of 
the  exclusive  Rights  of  the  Hudson  Bay  Company;  and  that  the  American 
Fishermen  shall  also  have  liberty  forever,  to  dry  and  cure  Fish  in  any  of  the 
unsettled  Bays,  Harbours,  and  Creeks  of  the  Southern  part  of  the  Coast  of 
Newfoundland  hereabove  described,  and  of  the  Coast  of  Labrador;  but  so 
soon  as  the  same,  or  any  Portion  thereof,  shall  be  settled,  it  shall  not  be  law- 
ful for  the  said  Fishermen  to  dry  or  cure  Fish  at  such  Portion  so  settled,  with- 
out previous  agreement  for  such  purpose  with  the  Inhabitants,  Proprietors,  or 
Possessors  of  the  ground. — And  the  United  States  hereby  renounce  forever,  any 
laberty  heretofore  enjoyed  or  claimed  by  the  Inhabitants  thereof,  to  take,  dry, 
or  cure  Fish  on,  or  within  three  marine  Miles  of  any  of  the  Coasts,  Bays,  Creeks, 
or  Harbours  of  His  Britannic  Majesty’s  Dominions  in  America  not  included 
within  the  above  mentioned  limits;  provided,  however,  that  the  American  Fish- 
ermen shall  be  admitted  to  enter  such  Bays  or  Harbours  for  the  purpose  of 
Shelter  and  of  repairing  damages  therein,  of  purchasing  Wood,  and  of  obtaining 
Water,  and  for  no  other  purpose  whatever.  But  they  shall  be  under  such 
Restrictions  as  may  be  necessary  to  prevent  their  taking,  drying  or  curing  Fish 
therein,  or  in  any  other  manner  whatever  abusing  the  Privileges  hereby  reserved 
to  them. 

And,  whereas,  differences  have  arisen  as  to  the  scope  and  meaning 
of  the  said  Article,  and  of  the  liberties  therein  referred  to,  and  other- 


VI.  Pleadings;  procedure. 

VII.  Copy  of  documents  to  be  fur- 
nished. 

VIII.  Meeting  of  tribunal. 

IX.  Decision. 

X.  Revision  of  award. 

XI.  Ratification. 


836 


TREATIES,  CONVENTIONS,  ETC. 


wise  in  respect  of  the  rights  and  liberties  which  the  inhabitants  of 
the  United  States  have  or  claim  to  have  in  the  waters  or  on  the  shores 
therein  referred  to: 

It  is  agreed  that  the  following  questions  shall  be  submitted  for 
decision  to  a tribunal  of  arbitration  constituted  as  hereinafter  pro- 
vided : 

Question  1.  To  what  extent  are  the  following  contentions  or  either 
of  them  justified? 

It  is  contended  on  the  part  of  Great  Britain  that  the  exercise  of  the 
liberty  to  take  fish  referred  to  in  the  said  Article,  which  the  inhabit- 
ants of  the  United  States  have  forever  in  common  with  the  subjects 
of  His  Britannic  Majesty,  is  subject,  without  the  consent  of  the 
United  States,  to  reasonable  regulation  by  Great  Britain,  Canada,  or 
Newfoundland  in  the  form  of  municipal  laws,  ordinances,  or  rules, 
as,  for  example,  to  regulations  in  respect  of  (1)  the  hours,  days,  or 
seasons  when  fish  may  be  taken  on  the  treaty  coasts;  (2)  the  method, 
means,  and  implements  to  be  used  in  the  taking  of  fish  or  in  the  carry- 
ing on  of  fishing  operations  on  such  coasts;  (3)  any  other  matters 
of  a similar  character  relating  to  fishing;  such  regulations  being 
reasonable,  as  being,  for  instance — 

(a.)  Appropriate  or  necessary  for  the  protection  and  preservation 
of  such  fisheries  and  the  exercise  of  the  rights  of  British  subjects 
therein  and  of  the  liberty  which  by  the  said  Article  I the  inhabitants 
of  the  United  States  have  therein  in  common  with  British  subjects; 

(6)  Desirable  on  grounds  of  public  order  and  morals; 

(c)  Equitable  and  fair  as  between  local  fishermen  and  the  inhabit- 
ants of  the  United  States  exercising  the  said  treaty  liberty  and  not 
so  framed  as  to  give  unfairly  an  advantage  to  the  former  over  the 
latter  class. 

It  is  contended  on  the  part  of  the  United  States  that  the  exercise 
of  such  liberty  is  not  subject  to  limitations  or  restraints  by  Great 
Britain,  Canada,  or  Newfoundland  in  the  form  of  municipal  laws, 
ordinances,  or  regulations  in  respect  of  (1)  the  hours,  days,  or  sea- 
sons when  the  inhabitants  of  the  United  States  may  take  fish  on  the 
treaty  coasts,  or  (2)  the  method,  means,  and  implements  used  by  them 
in  taking  fish  or  in  carrying  on  fishing  operations  on  such  coasts,  or 
(3)  any  other  limitations  or  restraints  of  similar  character — 

(<z)  Unless  they  are  appropriate  and  necessary  for  the  protection 
and  preservation  of  the  common  rights  in  such  fisheries  and  the 
exercise  thereof;  and 

(&)  Unless  they  are  reasonable  in  themselves  and  fair  as  between 
local  fishermen  and  fishermen  coming  from  the  United  States,  and 
not  so  framed  as  to  give  an  advantage  to  the  former  over  the  latter 
class;  and 

(c)  Unless  their  appropriateness,  necessity,  reasonableness,  and 
fairness  be  determined  by  the  United  States  and  Great  Britain  by 
common  accord  and  the  United  States  concurs  in  their  enforcement. 

Question  2.  Have  the  inhabitants  of  the  United  States,  while  exer- 
cising the  liberties  referred  to  in  said  Article,  a right  to  employ  as 
members  of  the  fishing  crews  of  their  vessels  persons  not  inhabitants 
of  the  United  States  ? 

Question  3.  Can  the  exercise  by  the  inhabitants  of  the  United 
States  of  the  liberties  referred  to  in  the  said  Article  be  subjected, 
without  the  consent  of  the  United  States,  to  the  requirements  of 


GREAT  BRITAIN 1909. 


837 


entry  or  report  at  custom-houses  or  the  payment  of  light  or  harbor 
or  other  dues,  or  to  any  other  similar  requirement  or  condition  or 
exaction  ? 

Question  If..  Under  the  provision  of  the  said  Article  that  the  Ameri- 
can fishermen  shall  be  admitted  to  enter  certain  bays  or  harbors  for 
shelter,  repairs,  wood,  or  water,  and  for  no  other  purpose  whatever, 
but  that  they  shall  be  under  such  restrictions  as  may  be  necessary  to 
prevent  their  taking,  drying,  or  curing  fish  therein  or  in  any  other 
manner  whatever  abusing  the  privileges  thereby  reserved  to  them, 
is  it  permissible  to  impose  restrictions  making  the  exercise  of  such 
privileges  conditional  upon  the  q)ayment  of  light  or  harbor  or  other 
dues,  or  entering  or  reporting  at  custom-houses  or  any  similar  con- 
ditions ? 

Question  6.  From  where  must  be  measured  the  “three  marine 
miles  of  any  of  the  coasts,  baj^'s,  creeks,  or  harbors”  referred  to  in 
the  said  Article? 

Question  6.  Have  the  inhabitants  of  the  United  States  the  liberty 
under  the  said  Article  or  otherwise,  to  take  fish  in  the  bays,  harbors, 
and  creeks  on  that  part  of  the  southern  coast  of  Newfoundland 
which  extends  from  Cape  Ray  to  Rameau  Islands,  or  on  the  western 
and  northern  coasts  of  NeAvfoundland  from  Cape  Ray  to  Quirpon 
Islands,  or  on  the  Magdalen  Islands? 

Question  7.  Are  the  inhabitants  of  the  United  States  whose  vessels 
resort  to  the  treaty  coasts  for  the  purpose  of  exercising  the  liberties 
referred  to  in  Article  I of  the  treaty  of  1818  entitled  to  have  for 
those  vessels,  when  duly  authorized  by  the  United  States  in  that 
behalf,  the  commercial  privileges  on  the  treaty  coasts  accorded  by 
agreement  or  otherwise  to  United  States  trading  vessels  generally? 

Article  II. 

Either  Party  may  call  the  attention  of  the  Tribunal  to  any  legis- 
lative or  executive  act  of  the  other  Party,  specified  within  three 
months  of  the  exchange  of  notes  enforcing  this  agreement,  and  which 
is  claimed  to  be  inconsistent  with  the  true  interpretation  of  the 
treaty  of  1818;  and  may  call  upon  the  Tribunal  to  express  in  its 
award  its  opinion  upon  such  acts,  and  to  point  out  in  what  respects, 
if  any,  they  are  inconsistent  with  the  principles  laid  down  in  the 
award  in  reply  to  the  preceding  questions;  and  each  Party  agrees  to 
conform  to  such  opinion. 

Article  III. 

If  any  question  arises  in  the  arbitration  regarding  the  reasonable- 
ness of  any  regulation  or  otherwise  Avhich  requires  an  examination 
of  the  practical  etfect  of  any  provisions  in  relation  to  the  conditions 
surrounding  the  exercise  of  the  liberty  of  fishery  enjoyed  by  the 
inhabitants  of  the  United  States,  or  which  requires  expert  informa- 
tion about  the  fisheries  themselves,  the  Tribunal  may,  in  that  case, 
refer  such  question  to  a commission  of  three  expert  specialists  in 
such  matters;  one  to  be  designated  by  each  of  the  Parties  hereto,  and 
the  third,  who  shall  not  be  a national  of  either  Party,  to  be  desig- 
nated by  the  Tribunal.  This  Commission  shall  examine  into  and 
report  their  conclusions  on  any  question  or  questions  so  referred  to 


838 


TREATIES,  CONVENTIONS,  ETC. 


it  by  the  Tribunal  and  such  report  shall  be  considered  by  the  Tri- 
bunal and  shall,  if  incorporated  by  them  in  the  award,  be  accepted  as 
a part  thereof. 

Pending  the  report  of  the  Commission  upon  the  question  or  ques- 
tions so  referred  and  without  awaiting  such  report,  the  Tribunal 
may  make  a separate  award  upon  all  or  any  other  questions  before 
it,  and  such  separate  award,  if  made,  shall  become  immediately 
effective,  provided  that  the  report  aforesaid  shall  not  be  incorpo- 
rated in  the  award  until  it  has  been  considered  by  the  Tribunal. 
The  expenses  of  such  Commission  shall  be  borne  in  equal  moieties 
by  the  Parties  hereto. 

Article  TV. 

The  Tribunal  shall  recommend  for  the  consideration  of  the  High 
Contracting  Parties  rules  and  a method  of  procedure  under  which 
all  questions  which  may  arise  in  the  future  regarding  the  exercise 
of  the  liberties  above  referred  to  may  be  determined  in  accordance 
with  the  principles  laid  down  in  the  award.  If  the  High  Contract- 
ing Parties  shall  not  adopt  the  rules  and  method  of  procedure  so 
recommended,  or  if  they  shall  not,  subsequently  to  the  delivery  of 
the  award,  agree  upon  such  rules  and  methods,  then  any  differences 
which  may  arise  in  the  future  between  the  High  Contracting  Par- 
ties relating  to  the  interpretation  of  the  treaty  of  1818  or  to  the 
effect  and  application  of  the  award  of  the  Tribunal  shall  be  referred 
informally  to  the  Permanent  Court  at  The  Hague  for  decision  by 
the  summary  procedure  provided  in  Chapter  IV  of  The  Hague  Con- 
vention of  the  18th  of  October,  1907. 

Ajjticle  V. 

The  Tribunal  of  Arbitration  provided  for  herein  shall  be  chosen 
from  the  general  list  of  members  of  the  Permanent  Court  at  The 
Hague,  in  accordance  with  the  provisions  of  Article  XLV  of  the 
Convention  for  the  Settlement  of  International  Disputes,  concluded 
at  the  Second  Peace  Conference  at  The  Hague  on  the  18th  of  Octo- 
ber, 1907.  The  provisions  of  said  Convention,  so  far  as  applicable 
and  not  inconsistent  herewith,  and  excepting  Articles  LIII  and 
LIV,  shall  govern  the  proceedings  under  the  submission  herein 
provided  for. 

The  time  allowed  for  the  direct  agreement  of  the  President  of  the 
United  States  and  His  Britannic  Majesty  on  the  composition  of 
such  Tribunal  shall  be  three  months. 

Ajrticle  VI. 

The  pleadings  shall  be  communicated  in  the  order  and  within  the 
time  following: 

As  soon  as  may  be  and  within  a period  not  exceeding  seven  months 
from  the  date  of  the  exchange  of  notes  making  this  agreement  bind- 
ing the  printed  case  of  each  of  the  Parties  hereto,  accompanied  by 
printed  copies  of  the  documents,  the  official  correspondence,  and  all 
other  evidence  on  which  each  Party  relies,  shall  be  delivered  in 
duplicate  (with  such  additional  copies  as  may  be  agreed  upon)  to 
the  agent  of  the  other  Party.  It  shall  be  sufficient  for  this  purpose 


GREAT  BRITAIN — 1909. 


839 


if  such  case  is  delivered  at  the  British  Embassy  at  Washington  or 
at  the  American  Embassy  at  London,  as  the  case  may  be,  for  trans- 
mission to  the  agent  for  its  Government. 

Within  fifteen  days  thereafter  such  printed  case  and  accompany- 
ing evidence  of  each  of  the  Parties  shall  be  delivered  in  duplicate  to 
each  member  of  the  Tribunal,  and  such  delivery  may  be  made  by 
depositing  within  the  stated  period  the  necessary  number  of  copies 
with  the  International  Bureau  at  The  Hague  for  transmission  to 
the  Arbitrators. 

After  the  delivery  on  both  sides  of  such  printed  case,  either  Party 
may,  in  like  manner,  and  within  four  months  after  the  expiration 
of  the  period  above  fixed  for  the  delivery  to  the  agents  of  the  case, 
deliver  to  the  agent  of  the  other  Party  (with  such  additional  copies 
as  may  be  agreed  upon),  a printed  counter-case  accompanied  by 
printed  copies  of  additional  documents,  correspondence,  and  other 
evidence  in  reply  to  the  case,  documents,  correspondence,  and  other 
evidence  so  presented  by  the  other  Party,  and  within  fifteen  days 
thereafter  such  Party  shall,  in  like  manner  as  above  provided,  deliver 
in  duplicate  such  counter-case  and  accompanying  evidence  to  each  of 
the  Arbitrators. 

The  foregoing  provisions  shall  not  prevent  the  Tribunal  from  per- 
mitting either  Party  to  rely  at  the  hearing  upon  documentary  or 
other  evidence  which  is  shown  to  have  become  open  to  its  investiga- 
tion or  examination  or  available  for  use  too  late  to  be  submitted 
within  the  period  h^einabove  fixed  for  the  delivery  of  copies  of 
evidence,  but  in  case  any  such  evidence  is  to  be  presented,  printed 
copies  of  it,  as  soon  as  possible  after  it  is  secured,  must  be  delivered, 
in  like  manner  as  provided  for  the  delivery  of  copies  of  other  evi- 
dence, to  each  of  the  Arbitrators  and  to  the  agent  of  the  other  Party. 
The  admission  of  any  such  additional  evidence,  however,  shall  be  sub- 
ject to  such  conditions  as  the  Tribunal  may  impose,  and  the  other 
Party  shall  have  a reasonable  opportunity  to  offer  additional  evi- 
dence in  rebuttal. 

The  Tribunal  shall  take  into  consideration  all  evidence  which  is 
offered  by  either  Party. 

Article  VII. 

If  in  the  case  or  counter-case  (exclusive  of  the  accompanying  evi- 
dence) either  Party  shall  have  specified  or  referred  to  any  documents, 
correspondence,  or  other  evidence  in  its  own  exclusive  possession 
without  annexing  a copy,  such  Party  shall  be  bound,  if  the  other 
Party  shall  demand  it  within  thirty  days  after  the  delivery  of  the 
case  or  countw-case  respectively,  to  furnish  to  the  Party  applying 
for  it  a copy  thereof;  and  either  Party  may,  within  the  like  time, 
demand  that  the  other  shall  furnish  certified  copies  or  produce  for 
inspection  the  originals  of  any  documentary  evidence  adduced  by  the 
Party  upon  whom  the  demand  is  made.  It  shall  be  the  duty  of  the 
Party  upon  whom  any  such  demand  is  made  to  comply  with  it  as 
soon  as  may  be,  and  within  a period  not  exceeding  fifteen  days  after 
the  demand  has  been  received.  The  production  for  inspection  or  the 
furnishing  to  the  other  Party  of  official  governmental  publications, 
publishing,  as  authentic,  copies  of  the  documentary  evidence  referred 
to,  shall  be  a sufficient  compliance  with  such  demand,  if  such  gov- 


840 


TREATIES,  CONVENTIONS,  ETC. 


ernmental  publications  shall  have  been  published  prior  to  the  1st 
day  of  January,  1908.  If  the  demand  is  not  complied  with,  the 
reasons  for  the  failure  to  comply  must  be  stated  to  the  Tribunal. 

Article  VIII. 

The  Tribunal  shall  meet  within  six  months  after  the  expiration  of 
the  period  above  fixed  for  the  delivery  to  the  agents  of  the  case,  and 
upon  the  assembling  of  the  Tribunal  at  its  first  session  each  Party, 
through  its  agent  or  counsel,  shall  deliver  in  duplicate  to  each  of  the 
Arbitrators  and  to  the  agent  and  counsel  of  the  other  party  (with 
such  additional  copies  as  may  be  agreed  upon)  a printed  ar">:ument 
showing  the  points  ard  referring  to  the  evidence  upon  which  it  relies. 

The  time  fixed  by  this  Agreement  for  the  delivery  of  the  case, 
counter-case,  or  argument,  and  for  the  meeting  of  the  Tribunal,  may 
be  extended  by  mutual  consent  of  the  Parties. 

Article  IX, 

The  decision  of  the  Tribunal  shall,  if  possible,  be  made  within  two 
months  from  the  close  of  the  arguments  on  both  sides,  unless  on  the 
request  of  the  Tribunal  the  Parties  shall  agree  to  extend  the  period. 

It  shall  be  made  in  writing,  and  dated  and  signed  bj^  each  member 
of  the  Tribunal,  and  shall  be  accompanied  by  a statement  of  reasons. 

A member  who  may  dissent  from  the  decision  may  record  his  dis- 
sent when  signing. 

The  language  to  be  used  throughout  the  proceedings  shall  be 
English. 

Article  X. 

Each  Party  reserves  to  itself  the  right  to  demand  a revision  of  the 
award.  Such  demand  shall  contain  a statement  of  the  grounds  on 
which  it  is  made  and  shall  be  made  within  five  days  of  the  promulga- 
tion of  the  award,  and  shall  be  heard  b}^  the  Tribunal  within  ten  days 
thereafter.  The  Party  making  the  demands  shall  serve  a copy  of  the 
same  on  the  opposite  Party,  and  both  Parties  shall  be  heard  in  argu- 
ment by  the  Tribunal  on  said  demand.  The  demand  can  only  be  made 
on  the  discovery  of  some  new  fact  or  circumstance  calculated  to  exer- 
cise a decisive  influence  upon  the  award  and  which  was  unknown  to 
the  Tribunal  and  to  the  Party  demanding  the  revision  at  the  time  the 
discussion  was  closed,  or  upon  the  ground  that  the  said  award  does 
not  fully  and  sufficiently,  within  the  meaning  of  this  Agreement, 
determine  any  question  or  questions  submitted.  If  the  Tribunal  shall 
allow  the  demand  for  a revision,  it  shall  afford  such  opportunity  for 
further  hearings  and  arguments  as  it  shall  deem  necessary. 

Article  XI. 

The  present  Agreement  shall  be  deemed  to  be  binding  only  when 
confirmed  by  the  two  Governments  by  an  exchange  of  notes. 

In  witness  whereof  this  Agreement  has  been  signed  and  sealed  by 
the  Secretary  of  State  of  the  United  States,  Elihu  Boot,  on  behalf  of 


GREAT  BRITAIN 1909. 


841 


the  United  States,  and  by  His  Britannic  Majesty’s  Ambassador  at 
Washington,  The  Eight  Honorable  James  Bryce,  O.  M.,  on  behalf  of 
Great  Britain. 

Done  at  Washington  on  the  27th  day  of  January,  one  thousand 
nine  hundred  and  nine. 

Elihg  Koot  [seal.] 

James  Bryce  [seal.] 


Department  or  State, 

Washington,  January  27,  1909. 

Excellency  : In  order  to  place  officially  on  record  the  understand- 
ing already  arrived  at  by  us  in  preparing  the  special  agreement  which 
we  have  signed  today  for  the  submission  of  questions  relating  to 
fisheries  on  the  North  Atlantic  Coast  under  the  general  Treaty  of 
Arbitration  concluded  between  the  United  States  and  Great  Britain 
on  the  fourth  day  of  April,  1908, 1 have  the  honor  to  declare  on  behalf 
of  the  Government  of  the  United  States  that  Question  5 of  the  series 
submitted,  namely,  “From  where  must  be  measured  the  ‘three 
marine  miles  of  any  of  the  coasts,  bays,, creeks,  or  harbors  ’ referred  to 
in  the  said  Article  ” is  submitted  in  its  present  form  with  the  agreed 
understanding  that  no  question  as  to  the  Bay  of  Fundy,  considered  as 
a whole  apart  from  its  bays  or  creeks,  or  as  to  innocent  passage 
though  the  Gut  of  Canso  is  included  in  this  question  as  one  to  be 
raised  in  the  present  Arbitration ; it  being  the  intention  of  the  parties 
that  their  respective  views  or  contentions  on  either  subject  shall  be 
in  no  wise  prejudiced  by  anything  in  the  present  Arbitration. 

I have  the  honor  to  be,  with  the  highest  respect.  Your  Excellency’s 
most  obedient  servant, 

Elihg  Root 

His  Excellency  The  Right  Honorable 
James  Bryce,  O.  M., 

Ambassador  of  Great  Britain. 


British  Embassy, 

W ashington,  January  27,  1909. 

Sir,  I have  the  honour  to  acknowledge  your  note  of  to-day’s  date 
and  in  reply  have  to  declare  on  behalf  of  His  Majesty’s  Government, 
in  order  to  place  officially  on  record  the  understanding  already  ar- 
rived at  by  us  in  preparing  the  special  Agreement  which  we  have 
signed  to-day  for  the  submission  of  questions  relating  to  fisheries  on 
the  North  Atlantic  Coast  under  the  general  Treaty  of  Arbitration 
concluded  between  Great  Britain  and  the  United  States  on  the  4th  day 
of  April,  1908,  that  Question  5 of  the  series  submitted,  namely, 
“ From  where  must  be  measured  the  ‘ three  marine  miles  of  any  of  the 
coasts,  bays,  creeks  or  harbours  ’ referred  to  in  the  said  Article  ” is 
submitted  in  its  present  form  with  the  agreed  understanding  that 
no  question  as  to  the  Bay  of  Fundy,  considered  as  a whole  apart 
from  its  bays  and  creeks,  or  as  to  innocent  passage  through  the  Gut 
of  Canso  is  included  in  this  question  as  one  to  be  raised  in  the  present 


842 


TREATIES,  CONVENTIONS,  ETC. 


arbitration ; it  being  the  intention  of  the  parties  that  their  respective 
views  or  contentions  on  either  subject  shall  be  in  no  wise  prejudiced 
by  anything  in  the  present  arbitration. 

I have  the  honour  to  be,  With  the  highest  consideration,  Sir,  your 
most  obedient,  humble  Servant, 

James  Bryce 

The  Honourable  Elihu  Root, 

etc.^  etc.^  etc., 

Secretary  of  State. 


Departsient  of  State, 
Washington,  February  21,  1909. 

Excellency:  I have  the  honor  to  inform  you  that  the  Senate,  by 
its  resolution  of  the  18th  instant,  gave  its  advice  and  consent  to  the 
ratification  of  the  Special  Agreement  between  the  United  States  and 
Great  Britain,  signed  on  J anuary  27,  1909,  for  the  submission  to  the 
Permanent  Court  of  Arbitration  at  The  Hague  of  questions  relating 
to  fisheries  on  the  north  Atlantic  Coast. 

In  giving  this  advice  and  consent  to  the  ratification  of  the  Special 
Agreement,  and  as  a part  of  the  act  of  ratification,  the  Senate  states 
in  the  resolution  its  understanding — “ that  it  is  agreed  by  the  United 
States  and  Great  Britain  that  question  5 of  the  series  submitted, 
namely,  ‘ from  where  must  be  measured  the  three  marine  miles  of 
any  of  the  coasts,  bays,  creeks  or  harbors  referred  to  in  said  Article  ? ’ 
does  not  include  any  question  as  to  the  Bay  of  Fundy,  considered  as 
a whole  apart  from  its  bays  or  creeks,  or  as  to  innocent  passage 
through  the  Gut  of  Canso,  and  that  the  respective  views  or  conten- 
tions of  the  United  States  and  Great  Britain  on  either  subject  shall 
be  in  no  wise  prejudiced  by  anything  in  the  present  arbitration,  and 
that  this  agreement  on  the  part  of  the  United  States  will  be  mentioned 
in  the  ratification  of  the  special  agreement  and  will,  in  effect,  form 
part  of  this  special  agreement.” 

In  thus  formally  confirming  what  I stated  to  you  orally,  I have  the 
honor  to  express  the  hope  that  you  will  in  like  manner  formally  con- 
firm the  assent  of  His  Majesty’s  Government  to  this  understanding 
which  3^ou  heretofore  stated  to  me  orally,  and  that  you  will  be  pre- 
pared at  an  early  day  to  exchange  the  notes  confirming  the  Special 
Agreement  as  provided  for  therein  and  in  the  general  arbitration 
convention  of  June  5,  1908. 

I have  the  honor  to  be,  with  the  highest  consideration.  Your 
Excellency’s  most  obedient  servant, 

Robert  Bacon 

His  Excellency  The  Right  Honorable 
James  Bryce,  O.  M., 

Ambassador  of  Great  Britain. 


British  Embassy, 
Washington,  March  4,  1909. 

Sir,  I have  the  honour  to  acknowledge  the  receipt  of  your  note 
informing  me  that  the  Senate  of  the  United  States  has  approved  the 


GEEAT  BEITAIN — ^1909. 


843 


Special  Agreement  for  the  reference  to  arbitration  of  the  questions 
relating  to  the  fisheries  on  the  North  Atlantic  Coast  and  of  the  terms 
of  the  Resolution  in  which  that  approval  is  given. 

It  is  now  my  duty  to  inform  you  that  the  Government  of  His 
Britannic  Majesty  confirms  the  Special  Agreement  aforesaid  and  in 
so  doing  confirms  also  the  understanding  arrived  at  by  us  that  Ques- 
tion V of  the  series  of  Questions  submitted  for  arbitration,  namely 
from  where  must  be  measured  the  “ three  marine  miles  of  any  of  the 
coasts,  bays,  creeks,  or  harbours  ” referred  to  in  the  said  article,  is 
submitted  in  its  present  form  with  the  agreed  understanding  that  no 
question  as  to  the  Bay  of  Fundy  considered  as  a whole  apart  from  its 
bays  or  creeks,  or  as  to  innocent  passage  through  the  Gut  of  Canso,  is 
included  in  this  question  as  one  to  be  raised  in  the  present  arbitration, 
it  being  the  intention  of  the  Parties  that  their  respective  views  or 
contentions  on  either  subject  shall  be  in  no  wise  prejudiced  by  any- 
thing in  the  present  arbitration. 

This  understanding  is  that  which  was  embodied  in  notes  exchanged 
between  your  predecessor  and  myself  on  January  27th,  and  is  that 
expressed  in  the  abovementioned  Resolution  of  the  Senate  of  the 
United  States. 

I have  the  honour  to  be,  with  the  highest  respect.  Sir,  Your  most 
obedient,  humble  Servant, 

James  Bryce 

The  Honourable  Robert  Bacon, 

Secretary  of  State. 


Department  of  State, 

Washington,  March  J,  1909. 

Excellency  : I have  the  honor  to  acknowledge  the  receipt  of  your 
note  of  the  4th  instant  in  which  you  confirm  the  understanding  in 
the  matter  of  the  Special  Agreement  submitting  to  arbitration  the 
differences  between  the  Governments  of  the  United  States  and  Great 
Britain  concerning  the  North  Atlantic  fisheries,  as  expressed  in  the 
Resolution  of  the  Senate  of  February  18,  1909,  and  as  previously 
agreed  upon  by  the  interchange  of  notes  with  my  predecessor  of 
January  27,  1909. 

I therefore  have  the  honor  to  inform  you  that  this  Government 
considers  the  Special  Agreement  as  in  full  force  and  effect  from  and 
after  the  4th  day  of  March,  1909. 

I have  the  honor  to  be,  with  the  highest  consideration.  Your  Excel- 
lency’s most  obedient  servant, 

Robert  Bacon 

His  Excellency  The  Right  Honorable 
James  Bryce,  O.  M., 

Ambassador  of  Great  Britain. 


IN  EXECUTIVE  SESSION,  SENATE  OF  THE  UNITED  STATES. 

February  18,  1909. 

Resolved  {two-thirds  of  the  Senators  present  concurring  therein'). 
That  the  Senate  advise  and  consent  to  the  ratification  of  a special 
agreement  between  the  United  States  and  Great  Britain  for  the  sub- 


844 


TREATIES,  CONVENTIONS,  ETC. 


mission  to  the  permanent  court  of  arbitration  at  The  Hague  of 
questions  relating  to  fisheries  on  the  north  Atlantic  coast,  signed  on 
the  27th  day  of  January,  1909. 

In  giving  this  advice  and  consent  to  the  ratification  of  the  said 
special  agreement,  and  as  a part  of  the  act  of  ratification,  the  Senate 
understands  that  it  is  agreed  by  the  United  States  and  Great  Britain 
that  Question  5 of  the  series  submitted,  namely,  “ from  where  must 
be  measured  the  ‘ three  marine  miles  of  any  of  the  coasts,  bays, 
creeks,  or  harbors  ’ referred  to  in  the  said  Article,”  does  not  include 
any  question  as  to  the  Bay  of  Fundy,  considered  as  a whole  apart 
from  its  ba3’S,  or  creeks,  or  as  to  innocent  j^assage  through  the  Gut  of 
Canso,  and  that  the  respective  views  or  contentions  of  the  United 
States  and  Great  Britain  on  either  subject  shall  be  in  no  wise  preju- 
diced by  anything  in  the  present  arbitration,  and  that  this  agree- 
ment on  the  part  of  the  United  States  will  be  mentioned  in  the  ratifi- 
cation of  the  special  agreement  and  will,  in  efi'ect,  form  part  of  this 
special  agreement, 

1909. 

Agree^ient  Effected  by  Exchange  of  Notes  Concerning  New- 
foundland Fisheries. 

Signed  at  London,^  July  22-September  8, 1909. 

The.  AmeHcan  Ambassador  to  the,  BHtish  Foreign  O^ce. 

American  Embassy,  London,^  July  22nd.,  1909. 

Sir, 

Inasmuch  as  under  the  provisions  of  the  Special  Agreement,  dated 
January  27th,  1909,  between  the  United  States  and  Great  Britain  for 
the  submission  to  arbitration  of  certain  questions  arising  with  respect 
to  the  North  Atlantic  Coast  Fisheries,  the  decision  of  the  Tribunal 
on  such  questions  ivill  not  be  rendered  before  the  summer  of  1910, 
and  inasmuch  as  the  Modus  Vivendi  entered  into  with  Great  Britain 
last  July  with  respect  to  the  Newfoundland  Fisheries  does  not  in 
terms  extend  beyond  the  season  of  1908,  my  Government  thinks  it 
desirable  that  the  Modus  of  last  j^ear  should  be  renewed  for  the  com- 
ing season,  and  if  possible  until  the  termination  of  the  Arbitration 
proceedings  for  the  settlement  of  these  questions. 

I am  therefore  instructed  to  propose  such  a renewal  to  His  IMaj- 
esty’s  Government,  the  understanding  on  both  sides  originally  having 
been,  as  you  may  remember,  that  the  ISIodus  ivas  entered  into  pending 
arbitration. 

I have  the  honour  to  be.  with  the  highest  consideration.  Sir,  Your 
most  obedient,  humble  Servant, 

Whitelaw  Eeid. 

The  Eight  Hon’’!®  Sir  Edward  Grey,  Bt.,  &c.  &c.  &c. 


The  BHtish  Foreign  Oiftce  to  Charge  Garter.  . 

Foreign  Office,  Seytemher  8th,  1909. 

Sir, 

In  reply  to  Mr.  IVhitelaw  Eeid’s  note  of  July  22nd  last  I have  the 
honour  to  state  that  His  Majesty’s  Government  agi’ee  to  the  renewal 
of  the  modus  vivendi  of  1908  for  the  regulation  of  the  Newfoundland 


GREAT  BRITAIN 1909. 


845 


Fisheries,  until  the  termination  of  the  arbitration  proceedings  before 
the  Hague  Tribunal  for  the  settlement  of  the  Atlantic  Fisheries 
questions. 

His  Majesty’s  Government  suggest  that  Mr.  Whitelaw  Reid’s  note 
of  July  22nd  and  my  present  reply  should  be  regarded  as  constituting 
a sufficient  ratification  of  the  above  understanding  without  the  neces- 
sity for  embodying  it  in  a more  foimal  document. 

I have  the  honour  to  be,  with  high  consideration,  Sir,  Your  most 
obedient,  humble  Servant, 

E.  Grey. 

J.  R.  Carter,  Esq.,  &c.  &c.  &c. 

[TTie  British  Foreign  Office  to  the  American  AmhassadorA 

Foeeign  Office,  July  15,  1908. 

Your  Excellency,  On  the  18th  ultimo  Your  Excellency  proposed  on  behalf  of 
the  United  States  GoTernment  that,  as  arbitration  in  regard  to  the  Newfoundland 
fisheries  question  could  not  be  arranged  before  the  forthcoming  fishery  season, 
the  “ modus  viveudi  ” of  last  year  should  be  renewed  with  the  same  elasticity 
as  before  for  the  parties  concerned  to  make  local  arrangements  satisfactory  to 
both  sides, 

I have  the  honor  to  inform  Your  Excellency  that  the  Newfoundland  govern- 
ment, having  been  consulted  on  the  subject,  have  expressed  the  desire  that  the 
herring  fishery  during  the  ensuing  season  should  be  conducted  on  the  same  prin- 
ciples as  in  the  season  of  1907,  and  formally  undertake  to  permit  during  this 
year  the  conduct  of  the  herring  fishery  as  last  year. 

As  the  arrangements  for  last  year  were  admittedly  satisfactory  to  all  con- 
cerned in  the  fishing,  His  Majesty’s  Government  hope  that  the  United  States 
Government  will  see  their  way  to  accept  this  formal  assurance  on  the  part  of 
the  Newfoundland  government  as  a satisfactory  arrangement  for  the  season 
of  1908.  If  this  course  be  adopted  it  would  seem  unnecessary  to  enter  into  any 
further  formal  arrangements,  seeing  that  the  communication  of  this  assurance 
to  the  United  States  Government  and  its  acceptance  by  them  would  be  tanta- 
obedient,  humble  servant, 

I have  the  honor  to  be,  with  the  highest  consideration,  your  excellency’s  most 
obedient,  humble  servant. 

For  Sir  Edward  Grey, 
Louis  Mallet. 

His  exceliency  the  Honorable  Whitelaw  Reid,  etc.,  etc.,  etc. 


The  American  Ambassador  to  the  British  Foreign  Office.. 

American  Embassy,  London,  Jy,ly  28rd,  1908. 

Sir,  The  reply,  in  your  letter  of  July  15,  1908,  to  my  proposal  of  June  18th, 
for  a renewal  of  last  year’s  modus  viveudi  for  the  approaching  Newfoundland 
fisheries  season,  with  the  same  elasticity  as  before  for  local  arrangements,  has 
been  duly  considered. 

I am  gratified  to  learn  that  the  Newfoundland  Government  was  so  well  satis- 
fied with  the  result  of  these  arrangements  under  the  modus  vivendi  for  last  year 
that  it  offers  a formal  undertaking  that  the  American  fishermen  shall  be  per- 
mitted to  conduct  the  herring  fisheries  this  year  in  the  same  way. 

It  is  proper  to  observe  that  our  fishermen  would  have  preferred  last  year,  and 
would  prefer  now  to  work  the  fisheries  with  purse  seines,  as  heretofore,  as  pro- 
vided in  the  modus  vivendi  of  1906.  But  they  yielded  last  year  to  the  strong 
wishes  of  the  Newfoundland  Government  in  this  matter,  and  joined  in  the 
arrangement  under  the  elastic  clause  at  the  close  of  the  modus  vivendi  of  1907  by 
which,  with  the  approval  of  the  British  and  American  Governments,  they  gave 
up  also  other  claims  in  return  for  certain  concessions.  I must  reserve  their 
right  to  these  and  to  purse  seines,  as  heretofore  enjoyed,  as  not  now  abandoned, 
and  therefore  to  be  duly  considered  in 'the  pending  arbitration  before  the  Hague 
Tribunal. 


Reprinted  in  State  Department  print  of  modus  vivendi,  1909,  p.  844. 


846 


TREATIES,  CONVENTIONS,  ETC, 


But  with  this  reservation  and  with  the  approval  of  my  Government,  I now 
have  pleasure  in  accepting  the  offer  that  the  herring  fishery  during  the  ensuing 
season  shall  be  conducted  on  the  same  principles  as  in  the  season  of  1907,  and 
the  formal  undertaking  against  interference  with  this  by  the  Newfoundland 
Government,  as  a substantial  agreement  on  my  proposal  of  June  18th. 

We  unite  also  with  you  in  regarding  this  exchange  of  letters  as  constituting 
in  itself  a satisfactory  agreement  for  the  season  of  1908,  without  the  necessity 
for  any  further  formal  correspondence. 

I am  glad  to  add  that  Mr.  Alexander  of  the  United  States  Fish  Commission, 
will  be  sent  again  this  year  to  the  treaty  shore,  and  that  my  Government  feels 
sure  that,  through  his  infiuence,  there  will  be  general  willingness  to  carry  out 
the  spirit  of  the  understanding  and  work  on  the  lines  of  least  resistance. 

I have  the  honor  to  be,  with  the  highest  consideration.  Sir,  your  most 
obedient,  humble  servant, 

Whitlaw  Reid. 

The  right  honorable  Sir  Edward  Grey,  Bt.,  etc.,  etc.,  etc.] 


[Modus  Vivendi  Between  the  United  States  and  Great  Britain 
IN  Regard  to  Inshore  Fisheries  on  the  Treaty  Coast  of  New- 
foundland.® 

AGREEMENT  EFFECTED  BY  EXCHANGE  OF  NOTES  AT  LONDON  SEPTEMBER  4-6,  1907. 

The  American  Ambassador  to  the  British  Foreign  Office. 

American  Embassy,  London,  September  4,  190T. 

Sib:  I am  authorized  by  my  Government  to  ratify  a Modus  Vivendi  in  regard 
to  the  Newfoundland  fishery  question,  as  follows : 

It  is  agreed  that  the  fisheries  shall  be  carried  on  during  the  present  year  sub- 
stantially as  they  were  actually  carried  on  for  the  most  of  the  time  by  mutual 
agreement,  under  the  2Iodus  Vivendi  of  1906. 

(1)  It  is  understood  that  His  Majesty’s  Government  will  not  bring  into  force 
the  NewToundlaud  foreign  fishing  vessels  actof  1906,  which  imposes  on  American 
fishing  vessels  certain  restrictions  in  addition  to  those  imposed  by  the  act  of 
1905,  and  also  that  the  provisions  of  the  first  part  of  Section  One  of  the  act  of 
1905,  as  to  boarding  and  bringing  into  port,  and  also  the  whole  of  Section  three 
of  the  same  act,  will  not  be  regarded  as  applying  to  American  fishing  vessels. 

(2)  In  consideration  of  the  fact  that  the  shipment  of  Newfoundlanders  by 
American  fishermen  outside  the  three-mile  limit  is  not  to  be  made  the  basis 
of  interference  or  to  be  penalized,  my  Government  waives  the  use  of  purse 
seines  by  American  fishermen  during  the  term  governed  by  this  agreement,  and 
also  waives  the  right  to  fish  on  Sundays. 

(3)  It  is  understood  that  American  fishing  vessels  will  make  their  shipment 
of  Newfoundlanders,  as  fishermen,  sufficiently  far  from  the  exact  three-mile 
limit  to  avoid  reasonable  doubt. 

(4)  It  is  further  understood  that  American  fishermen  will  pay  light  dues 
when  not  deprived  of  their  rights  to  fish,  and  will  comply  with  the  provisions 
of  the  colonial  customs  law  as  to  reporting  at  a custom  house  when  physically 
possible  to  do  so. 

I need  not  add  that  my  Government  is  most  anxious  that  the  provisions  of 
this  Modus  Vivendi  should  be  made  effective  at  the  earliest  possible  moment, 
and  that,  in  view  of  this,  and  of  the  actual  presence  of  our  fishing  fieet  on  the 
treaty  shore,  we  do  not  feel  that  an  exchange  of  ratifications  should  be  longer 
delayed.  But  my  Government  has  every  desire  to  make  the  arrangement,  pend- 
ing arbitration,  as  agreeable  as  possible  to  the  Newfoundland  authorities  con- 
sistent with  the  due  safeguarding  of  treaty  rights  which  we  have  enjoyed  for 
nearly  a century.  If,  therefore,  the  proposals  you  have  recently  shown  me 
from  the  Premier  of  Newfoundland  or  any  other  changes  in  the  above  Modus 
Vivendi  should  be  proposed  by  mutual  agreement  beUveen  the  Newfoundland  au- 
thorities and  our  fishermen,  having  due  regard  to  the  losses  that  might  be  incurred 
by  a change  of  plans  so  long  after  preparations  for  the  season’s  fishing  had  been 
made  and  the  voyage  begun,  my  Government  will  be  ready  to  consider  such 


Reprinted  in  State  Department  print  of  modus  vlvendi.  1909. 


GKEAT  BRITAIN — 1909. 


847 


changes  with  you  in  the  most  friendly  spirit,  and  if  foimd  not  to  compromise 
our  rights,  to  unite  with  you  in  ratifying  them  at  once. 

I am  glad  to  be  assured  by  you  that  this  note  will  be  considered  as  sufficient 
ratification  of  the  Models  Vivendi  on  the  part  of  my  Government. 

I have  the  honor  to  be,  with  the  highest  consideration,  Sir,  Your  most  obedi- 
ent humble  servant, 

Whitelaw  Reid. 

The  Right  Honorable  Sir  Edwaed  Grey,  Baronet,  &c  &c  &c 


The  British  Foreign  Office  to  the  American  Ambassador. 

Foreign  Office,  September  6th,  1907. 

Totjb  Excellency.  I have  the  honour  to  acknowledge  the  receipt  of  Tour  Ex- 
cellency’s note  of  the  4th  instant,  containing  the  terms  of  the  Modus  Vivendi 
with  regard  to  the  Newfoundland  fisheries, — which  you  are  authorized  by  your 
Government  to  ratify. 

I am  glad  to  assure  your  Excellency  that  His  Majesty’s  Government  agrees  to 
the  terms  of  the  Modus  Vivendi  and  that  your  Excellency’s  note  will  be  con- 
sidered by  His  Majesty’s  Government  as  a sufficient  ratification  of  that  ar- 
rangement on  the  part  of  His  Majesty’s  Government. 

His  Majesty’s  Government  fully  shares  the  desire  of  your  Government  that 
the  provisions  of  the  Modus  Vivendi  should  be  made  effective  at  the  earliest 
possible  moment,  and  the  necessary  steps  will  be  taken  by  His  Majesty’s  Gov- 
ernment to  secure  its  observance. 

His  Majesty’s  Government  takes  note  of  the  concilatory  offer  of  the  United 
States  Government  to  consider  in  a most  friendly  spirit  any  changes  in  the 
Modus  Vivendi  which  may  be  agreed  upon  locally  between  the  Newfoundland 
authorities  and  the  United  States  fishermen  and  which  may  be  acceptable  both 
to  the  United  States  Government  and  to  His  Majesty’s  Government. 

I have  the  honour  to  be,  with  the  highest  consideration.  Your  Excellency’s 
most  obedient  humble  servant, 

E.  Grey. 

His  Excellency  The  Honorable  Whitelaw  Reid,  &c  &c  &c] 


GREECE. 

1837. 

Treaty  of  Commerce  and  Navigation.® 

Concluded  December  22,  1837 ; ratification  advised  by  the  Senate 
March  26,  1838;  ratified  by  the  President  April  12,  1838;  ratifica- 
tions exchanged  June  13,  1838;  proclaimed  August  30,  1838. 

Aeticles. 


I.  Freedom  of  commerce. 

II.  Tonnage  duties,  etc. 

III.  Imports. 

IV.  Exports. 

V.  Coasting  trade. 

VI.  Government  purchases. 

VII.  Navigation  duties. 

VIII.  No  discriminating  prohibitions. 

IX.  Transit,  bounties,  and  drawbacks. 

X.  Vessels  entering  without  unload- 
ing. 


XI.  Unloading  part  of  cargo. 

[These  articles  abrogated  by 
"xiV  I concluded  Nov.  19, 1902. 

XV.  Quarantine. 

XVI.  Blockades. 

XVII.  Duration. 

XVIII.  Ratification. 


The  United  States  of  America  and  His  Majesty  the  King  of 
Greece,  equally  animated  with  the  sincere  desire  of  maintaining  the 
relations  of  good  understanding  which  have  hitherto  so  happily  sub- 
sisted between  their  respective  States;  of  extending,  also,  and  con- 
solidating the  commercial  intercourse  between  them;  and  convinced 
that  this  object  cannot  better  be  accomplished  than  by  adopting  the 
system  of  an  entire  freedom  of  navigation,  and  a perfect  reciprocity, 
based  upon  principles  of  equity,  equally  beneficial  to  both  countries; 
have,  in  consequence,  agTeed  to  enter  into  negotiations  for  the  con- 
clusion of  a treaty  of  commerce  and  navigation,  and  for  that  purpose 
have  appointed  Plenipotentiaries: 

The  President  of  the  United  States  of  America,  Andrew  Stevenson, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the  United 
States  near  the  court  of  Her  Britannic  Majesty;  and  His  Majesty  the 
King  of  Greece,  Spiridion  Tricoupi,  Councillor  of  State  on  Special 
Service,  his  Envoy  Extraordinary  and  Minister  Plenipotentiary  near 
the  same  court.  Grand  Commander  of  the  Royal  Order  of  the  Saviour, 
Grand  Cross  of  the  American  Order  of  Isabella  the  Catholic; 

Mdio,  after  having  exchanged  their  full  powers,  found  in  good  and 
due  form,  have  agreed  upon  the  following  articles : 


Article  I. 


The  citizens  and  subjects  of  each  of  the  two  high  contracting  parties 
may,  with  all  security  for  their  persons,  vessels,  and  cargoes,  freely 
enter  the  ports,  places,  and  rivers  of  the  territories  of  the  other,  wher- 


“Articles  XII,  XIII,  XIV  abrogated  by  treaty  of  Nov.  19,  1902. 
848 


GKEECE 1837. 


849 


ever  foreign  commerce  is  permitted.  They  shall  be  at  liberty  to  so- 
journ and  reside  in  all  parts  whatsover  of  said  territories;  to  rent  and 
occupy  houses  and  warehouses  for  their  commerce;  and  they  shall 
enjoy,  generally,  the  most  entire  security  and  protection  in  their  mer- 
cantile transactions,  on  conditions  of  their  submitting  to  the  laws  and 
ordinances  of  the  respective  countries. 

Article  II. 

Greek  vessels  arriving,  either  laden  or  in  ballast,  into  the  ports  of 
the  United  States  of  America,  from  whatever  place  they  may  come, 
shall  be  treated,  on  their  entrance,  during  their  stay,  and  at  their 
departure,  upon  the  same  footing  as  national  vessels  coming  from  the 
same  place,  with  respect  to  the  duties  of  tonnage,  light-houses,  pilot- 
age, and  port  charges,  as  well  as  to  the  perquisites  of  public  officers, 
and  all  other  duties  or  charges,  of  whatever  kind  or  denomination, 
levied  in  the  name  or  to  the  profit  of  the  Government,  the  local  au- 
thorities, or  of  any  private  establishment  whatsoever;  and,  recipro- 
cally, the  vessels  of  the  United  States  of  America  arriving,  either 
laden  or  in  ballast,  into  the  ports  of  the  Kingdom  of  Greece,  from 
whatever  place  they  may  come,  shall  be  treated,  on  their  entrance, 
during  their  stay,  and  at  their  departure,  upon  the  same  footing  as 
national  vessels  coming  from  the  same  place,  with  respect  to  the  duties 
of  tonnage,  light-houses,  pilotage,  and  port  charges,  as  well  as  to  the 
perquisites  of  public  officers,  and  all  other  duties  or  charges,  of  what- 
ever kind  or  denomination,  levied  in  the  name  or  to  the  profit  of  the 
Government,  the  local  authorities,  or  of  any  private  establishments 
whatsoever. 


Article  III. 

All  that  may  be  lawfully  imported  into  the  United  States  of  Amer- 
ica, in  vessels  of  the  said  States,  may  also  be  thereinto  imported  in 
Greek  vessels,  from  whatever  place  they  may  come,  without  paying 
other  or  higher  duties  or  charges,  of  whatever  kind  or  denomination, 
levied  in  the  name  or  to  the  profit  of  the  Government,  the  local  au- 
thorities, or  of  any  private  establishments  whatsoever,  than  if 
imported  in  national  vessels. 

And,  reciprocally,  all  that  may  be  lawfully  imported  into  the 
Kingdom  of  Greece,  in  Greek  vessels,  may  also  be  thereinto  imported 
in  vessels  of  the  United  States  of  America,  from  whatever  place 
they  may  come,  without  paying  other  or  higher  duties  or  charges, 
of  whatever  kind  or  denomination,  levied  in  the  name  or  to  the  profit 
of  the  Government,  the  local  authorities,  or  of  any  private  establish- 
ments whatsoever,  than  if  imported  in  national  vessels. 

Article  IV. 

All  that  may  be  lawfully  exported  from  the  United  States  of 
America,  in  vessels  of  the  said  States,  may  also  be  exported  therefrom 
in  Greek  vessels,  without  paying  other  or  higher  duties  or  charges, 
of  whatever  kind  or  denomination,  levied  in  the  name  or  to  the 
profit  of  the  Government,  the  local  authorities,  or  of  any  private 
establishments  whatsoever,  than  if  exported  in  national  vessels. 

24449— VOL  1-10 54 


850 


TREATIES,  CONVENTIONS,  ETC. 


And,  reciprocally,  all  that  may  be  lawfully  exported  from  the 
Kingdom  of  Greece,  in  Greek  vessels,  may  also  be  exported  therefrom 
in  vessels  of  the  United  States  of  America,  without  paying  other  or 
higher  duties  or  charges  of  whatever  kind  or  denomination,  levied  in 
the  name,  or  to  the  profit  of  the  Government,  the  local  authorities, 
or  of  any  private  establishments  whatsoever,  than  if  exported  in 
national  vessels. 


Article  V. 

It  is  expressly  understood  that  the  foregoing  second,  third,  and 
fourth  articles  are  not  applicable  to  the  coastwise  navigation  from 
one  port  of  the  United  States  of  America  to  another  port  of  the  said 
States,  nor  to  the  navigation  from  one  port  of  the  Kingdom  of 
Greece  to  another  port  of  the  said  Kingdom ; which  navigation  each 
of  the  two  high  contracting  parties  reserves  to  itself. 

Article  VI. 

Each  of  the  two  high  contracting  parties  engages  not  to  grant 
in  its  purchases,  or  in  those  which  might  be  made  by  companies  or 
agents  acting  in  its  name,  or  under  its  authority,  any  preference  to 
importations  made  in  its  own  vessels,  or  in  those  of  a third  Power, 
over  those  made  in  the  vessels  of  the  other  contracting  party. 

Article  VII. 

The  two  high  contracting  parties  engage  not  to  impose  upon  the 
navigation  between  their  respective  territories,  in  the  vessels  of 
either,  any  tonnage  or  other  duties  of  any  kind  or  denomination 
which  shall  be  higher  or  other  than  those  which  shall  be  imposed 
on  every  other  navigation,  except  that  which  they  have  reserved 
to  themselves,  respectively,  by  the  fifth  article  of  the  present  treaty. 

Article  VIII. 

There  shall  not  be  established  in  the  United  States  of  America, 
upon  the  products  of  the  soil  os’  industry  of  the  Kingdom  of  Greece, 
any  prohibition,  or  restriction,  of  imiiortation  or  exportation,  nor 
any  duties  of  any  kind  or  denomination  whatsoever,  unless  such  pro- 
hibitions, restrictions,  and  duties  shall  likewise  be  established  upon 
articles  of  like  nature,  the  growth  of  any  other  countriL 

And,  reciprocally,  there  shall  not  be  established  in  the  Kingdom  pi 
Greece,  on  the  products  of  the  soil  or  industry  of  the  United  States 
of  America,  any  iirohibition  or  restriction  of  importation  or  expor- 
tation, nor  any  duties  of  any  kind  or  denomination  whatsoever,  un- 
less such  prohibitions,  restrictions,  and  duties  be  likewise  established 
upon  articles  of  like  nature,  the  growth  of  any  other  country. 

Article  IX. 

All  privileges  of  transit,  and  all  bounties  and  drawbacks  which 
may  be  allowed  within  the  territories  of  one  of  the  high  contracting 
parties,  upon  the  importation  or  exportation  of  any  article  whatso- 


GEEECE — 1837. 


851 


ever,  shall  likewise  be  allowed  on  the  articles  of  like  nature,  the 
products  of  the  soil,  or  industry  of  the  other  contracting  party,  and 
on  the  importations  and  exportations  made  in  its  vessels. 

Article  X. 

The  citizens  or  subjects  of  one  of  the  high  contracting  parties, 
arriving  with  their  vessels  on  the  coasts  belonging  to  the  other,  but 
not  wishing  to  enter  the  port;  or,  after  having  entered  therein,  not 
wishing  to  unload  any  part  of  their  cargo,  shall  be  at  liberty 
to  depart  and  continue  their  voyage  without  paying  any  other  duties, 
imposts,  or  charges  whatsoever,  for  the  vessel  and  cargo,  than  those 
of  pilotage,  wharfage,  and  for  the  support  of  light-houses,  when 
such  duties  shall  be  levied  on  national  vessels  in  similar  cases.  It  is 
understood,  however,  that  they  shall  always  conform  to  such  regula- 
tions and  ordinances  concerning  navigation  and  the  places  and  ports 
which  they  may  enter,  as  are,  or  shall  be,  in  force  with  regard  to  na- 
tional vessels,  and  that  the  custom-house  officers  shall  be  permitted 
to  visit  them,  to  remain  on  board,  and  to  take  all  such  precautions  as 
may  be  necessary  to  prevent  all  unlawful  commerce,  as  long  as  the 
vessels  shall  remain  within  the  limits  of  their  jurisdiction. 

Article  XI. 

It  is  further  agreed  that  the  vessels  of  one  of  the  high  contracting 
parties,  having  entered  into  the  ports  of  the  other,  will  be  permitted 
to  confine  themselves  to  unloading  such  part  only  of  their  cargoes 
as  the  captain  or  owner  may  wish,  and  that  they  may  freely  depart 
with  the  remainder  without  j^aying  any  duties,  imposts,  or  charges 
whatsoever,  except  for  that  part  which  shall  have  been  landed,  and 
which  shall  be  marked  upon  and  erased  from  the  manifest  exhibiting 
the  enumeration  of  the  articles  with  which  the  vessel  was  laden; 
which  manifest  shall  be  presented  entire  at  the  custom-house  of  the 
place  where  the  vessel  shall  have  entered.  Nothing  shall  be  paid  on 
that  part  of  the  cargo  which  the  vessel  shall  carry  away,  and  with 
which  it  may  continue  its  voyage  to  one  or  several  other  ports  of  the 
same  country,  there  to  dispose  of  the  remainder  of  its  cargo,  if  com- 
posed of  articles  whose  importation  is  permitted  on  paying  the  duties 
chargeable  upon  it,  or  it  may  proceed  to  any  other  countiy.  It  is 
understood,  however,  that  all  duties,  imposts,  or  charges  whatsoever, 
which  are  or  may  become  chargeable  upon  the  vessels  themselves, 
must  be  paid  at  the  first  port  where  they  shall  break  bulk,  or  unlade 
part  of  their  cargoes;  but  that  no  duties,  imposts,  or  charges  of  the 
same  description  shall  be  determined  anew  in  the  ports  of  the  same 
country,  which  such  vessels  might  afterwards  wish  to  enter,  unless 
national  vessels  be  in  similar  cases  subject  to  some  ulterior  duties. 

Article  XII.“ 

Each  of  the  high  contracting  parties  grants  to  the  other  the  privi- 
lege of  appointing  in  its  commercial  ports  and  places  Consuls,  Vice- 
Consuls,  and  commercial  agents,  who  shall  enjoy  the  full  protection 
and  receive  every  assistance  necessary  for  the  due  exercise  of  their 
functions;  but  it  is  expressly  declared  that  in  case  of  illegal  or  im- 


Abrogated  by  convention  of  November  19,  1902. 


852 


TREATIES,  CONVENTIONS,  ETC. 


proper  conduct  with  respect  to  the  laws  or  Government  of  the  country 
in  which  said  Consuls,  Vice-Consuls,  or  commercial  agents  shall  reside, 
they  may  be  prosecuted  and  punished  conformably  to  the  laws,  and 
deprived  of  the  exercise  of  their  functions  by  the  offended  Govern- 
ment, which  shall  acquaint  the  other  with  its  motives  for  having  thus 
acted ; it  being  understood,  however,  that  the  archives  and  documents 
relative  to  the  affairs  of  the  consulate  shall  be  exempt  from  all  search, 
and  shall  be  carefully  preserved  under  the  seals  of  the  Consuls,  Vice- 
Consuls,  or  commercial  agents,  and  of  the  authority  of  the  place 
where  they  may  reside. 

The  Consuls,  Vice-Consuls,  or  commercial  agents,  or  the  persons 
duly  authorized  to  supply  their  places,  shall  have  the  right,  as  such, 
to  sit  as  judges  and  arbitrators  in  such  differences  as  may  arise 
between  the  cajitains  and  crews  of  the  vessels  belonging  to  the  nation 
whose  interests  are  committed  to  their  charge  without  the  interfer- 
ence of  the  local  authorities,  unless  the  conduct  of  the  crews,  or  of  the 
captain,  should  disturb  the  order  or  tranquillity  of  the  country ; or  the 
said  Consuls,  Vice-Consuls,  or  commercial  agents  should  require  their 
assistance  to  cause  their  decisions  to  be  carried  into  effect  or  sup- 
ported. It  is,  however,  understood,  that  this  species  of  judgment  or 
arbitration  shall  not  deprive  the  contending  parties  of  the  right  they 
have  to  resort,  on  their  return,  to  the  judicial  authority  of  their 
country. 

Article  XIII.“ 

The  said  Consuls,  Vice-Consuls,  or  commercial  agents  are  author- 
ized to  require  the  assistance  of  the  local  authorities  for  the  arrest, 
detention,  and  imprisonment  of  the  deserters  from  the  ships  of  war 
and  merchant  vessels  of  their  country ; and  for  this  purpose  they  shall 
apply  to  the  competent  tribunals,  judges,  and  officers,  and  shall,  in 
writing,  demand  said  deserters,  proving  by  the  exhibition  of  the 
registers  of  the  vessels,  the  rolls  of  the  crews,  or  by  other  official 
documents,  that  such  individuals  formed  part  of  the  crews,  and  on 
this  reclamation  being  thus  substantiated  the  surrender  shall  not  be 
refused.  Such  deserters,  when  arrested,  shall  be  placed  at  the  dis- 
posal of  the  said  Consuls,  Vice-Consuls,  or  commercial  agents,  and 
may  be  confined  in  the  public  prisons  at  the  request  and  cost  of  those 
who  claim  them,  in  order  to  be  sent  to  the  vessels  to  which  they 
belonged,  or  to  others  of  the  same  country.  But  if  not  sent  back 
within  the  sjiace  of  two  months,  reckoning  from  the  day  of  their 
arrest,  they  shall  be  set  at  liberty,  and  shall  not  be  again  arrested  for 
the  same  cause. 

It  is  understood,  however,  that  if  the  deserter  should  b'^  found  to 
have  committed  any  crime  or  offence,  his  surrender  may  be  delayed 
until  the  tribunal  before  which  the  case  shall  be  depending  shall  have 
pronounced  its  sentence,  and  such  sentence  shall  have  been  carried 
into  effect. 

Article  XIV.“ 

In  case  any  vessel  of  one  of  the  high  contracting  parties  shall  have 
been  stranded  or  shipwrecked,  or  shall  have  suffered  any  other 
damage  on  the  coasts  of  the  dominions  of  the  other,  every  aid  and 
assistance  shall  be  given  to  the  persons  shipwrecked  or  in  danger, 
and  passports  shall  be  granted  to  them  to  return  to  their  country. 


Abrogated  by  convention  of  November  19,  1902. 


GREECE — 1837. 


853 


The  shipwrecked  vessels  and  merchandise,  or  their  proceeds,  if  the 
same  shall  have  been  sold,  shall  be  restored  to  their  owners,  or  to 
those  entitled  thereto,  if  claimed  within  a year  and  a day,  upon 
paying  such  costs  of  salvage  as  would  be  paid  by  national  vessels  in 
the  same  circumstances;  and  the  salvage  companies  shall  not  compel 
the  acceptance  of  their  services  except  in  the  same  cases  and  after  the 
same  delays  as  shall  be  granted  to  the  captains  and  crews  of  national 
vessels.  Moreover,  the  respective  Governments  will  take  care  that 
these  companies  do  not  commit  any  vexatious  or  arbitrary  acts. 

Article  XV. 

It  is  agreed  that  vessels  arriving  directly  from  the  United  States  of 
America  at  a port  within  the  dominions  of  His  Majesty  the  King 
of  Greece,  or  from  the  Kingdom  of  Greece  at  a port  of  the  United 
States  of  America,  and  provided  with  a bill  of  health  granted  by  an 
officer  having  competent  power  to  that  effect  at  the  port  whence  such 
vessel  shall  have  sailed,  setting  forth  that  no  malignant  or  con- 
tagious diseases  prevailed  in  that  port,  shall  be  subjected  to  no 
other  quarantine  than  such  as  may  be  necessary  for  the  visit  of  the 
health  officer  of  the  port  where  such  vessels  shall  have  arrived,  aftei 
which  said  vessels  shall  be  allowed  immediately  to  enter  and  unload 
their  cargoes:  Provided,  always,  that  there  shall  be  on  board  nc 
person  who,  during  the  voyage,  shall  have  been  attacked  with  any 
maligmant  or  contagious  diseases;  that  such  vessels  shall  not  during 
their  passage  have  communicated  with  any  vessel  liable  itself  to 
undergo  a quarantine,  and  that  the  country  whence  they  came  shall 
not  at  that  time  be  so  far  infected  or  suspected  that  before  their 
arrival  an  ordinance  had  been  issued,  in  consequence  of  which  all 
■vessels  coming  from  that  country  should  be  considered  as  suspected, 
and  consequently  subject  to  quarantine. 

Article  XVI. 

Considering  the  remoteness  of  the  respective  countries  of  the  two 
high  contracting  parties,  and  the  uncertainty  resulting  therefrom 
with  respect  to  the  various  events  which  may  take  place,  it  is  agreed 
that  a merchant  vessel  belonging  to  either  of  them  which  may  be 
bound  to  a port  supposed  at  the  time  of  its  departure  to  be  blockaded, 
shall  not,  however,  be  captured  or  condemned  for  having  attempted 
a first  time  to  enter  said  port,  unless  it  can  be  proved  that  said  vessel 
could  and  ought  to  have  learned  during  its  voyage  that  the  blockade 
of  the  place  in  question  still  continued.  But  all  vessels  which,  after 
having  been  warned  off  once,  shall  during  the  same  voyage  attempt 
a second  time  to  enter  the  same  blockaded  port,  during  the  continu- 
ance of  said  blockade,  shall  then  subject  themselves  to  be  detained 
and  condemned. 

Article  XVII. 

The  present  treaty  shall  continue  in  force  for  ten  years,  counting 
from  the  day  of  the  exchange  of  the  ratifications,  and  if,  before  the 
expiration  of  the  first  nine  years,  neither  of  the  high  contracting 
parties  shall  have  announced  by  an  official  notification  to  the  other 
its  intention  to  arrest  the  operation  of  said  treaty,  it  shall  remain 


854 


TREATIES,  CONVENTION'S,  ETC. 


binding  for  one  year  beyond  that  time,  and  so  on,  until  the  expira- 
tion of  the  t'vrelve  months  'which  will  follow  a similar  notification, 
whatever  the  time  at  which  it  may  take  place. 

Article  XVIII. 

The  present  treaty  shall  be  ratified  by  the  President  of  the  United 
States  of  America,  by  and  with  the  advice  and  consent  of  the  Senate, 
and  by  His  Majesty  the  King  of  Greece,  and  the  ratifications  to  be 
exchanged  at  London  within  the  space  of  twelve  months  from  the 
signature,  or  sooner  if  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  of  the  high  con- 
tracting parties  have  signed  the  present  treaty,  both  in  English  and 
French,  and  have  affixed  thereto  their  seals. 

Done  in  duplicate  at  London,  the  twen^T-second  December,  in  the 

year  of  our  Lord  one  thousand  eight  hundred  and  thirty-seven. 

[seal.]  a.  Stevenson. 

[seal.]  S.  Tricoupi. 


Protocol  Explanatory  of  the  Scope  and  Effect  of  Article  1 of 
THE  Treaty  Between  the  United  States  of  America  and  Greece 
OF  December  10-22,  1837. 

Protocol  of  a conference  held  at  Athens  on  the  day  of 

1890  between  the  Honorable  A.  Loudon  Snou'den  Minister  Resi- 
dent of  the  United  States  of  America  and  His  Excellency  Stephen 
Dragoumis^  Minister  for  Foreign  Affairs  of  His  Majesty  the  King 
of  the  Hellenes. 

In  view  of  the  desire  of  the  Government  of  the  United  States  and 
of  that  of  His  Hellenic  Majesty  to  effect  a reciprocal  understanding 
in  regard  to  the  rights  and  remedies  of  associations  organized  under 
the  laws  of  one  of  the  countries,  in  the  territories  of  the  other,  the 
IMinister  of  the  United  States  declares  that  joint  stock  companies  and 
other  associations  commercial  industrial  and  financial  constituted  in 
conformity  with  the  laws  in  force  in  Greece  may  exercise  in  the 
United  States,  the  rights  and  privileges  of  subjects  of  Greece,  under 
Article  I of  the  Treaty  of  Commerce  and  navigation,  between  the 
Government  of  the  United  States  and  that  of  His  Hellenic  Majesty, 
concluded  in  London  on  the  10th.-22nd.  of  December  1837,  including 
the  right  of  appearing  before  tribunals  for  the  purpose  of  bringing 
an  action  or  of  defending  themselves  with  the  sole  condition  that  in 
exercising  these  rights  they  always  conform  to  the  laws  and  customs 
existing  in  the  United  States  and  the  several  States. 

The  Hellenic  Minister  for  Foreign  Affairs  declares  on  his  part 
reciprocally,  that  similar  rights  and  privileges  shall  be  enjoyed  by 
corporations  of  the  United  States  in  Greece,  whether  now  or  hereto- 
fore organized,  or  to  be  created  in  the  future,  pro-vided  they  likewise 
conform  to  the  laws  and  customs  of  Greece. 

In  testimony  of  which  we  have  interchangeably  signed  this  Pro- 
tocol Athens  on  the  of  1890. 

A.  Loudon  Snowden  [seal.] 

E,  Dragoumis  [seal.] 


GREECE — 1902. 


855 


[Appendix.] 

Article  I of  the  Treaty  of  1837. 

The  Citizens  and  subjects  of  each  of  the  two  High  Contracting  Parties,  may, 
with  all  security  for  their  persons,  vessels,  and  cargoes,  freely  enter  the  ports, 
places,  and  rivers  of  the  Territories  of  the  other,  wherever  Foreign  Commerce  is 
permitted.  They  shall  be  at  liberty  to  sojourn  and  reside  in  all  parts  whatso- 
ever of  said  territories ; to  rent  and  occupy  houses  and  warehouses  for  their 
commerce,  and  they  shall  enjoy  generally,  the  most  entire  security  and  protec- 
tion in  their  Mercantile  Transactions,  on  conditions  of  their  submitting  to  the 
Laws  and  Ordinances  of  the  respective  Countries. 


1902. 


Consular  Convention. 


C onclud^d  November  19,  1902  {December  2,  1902) ; ratification  ad- 
vised by  Senate  Febmiary  16,  1903 ; ratified  by  President  May  20, 
1903;  ratifications  exchanged  July  9,  1903;  froclaimed  July  11, 
1903. 

Articles. 


I.  Consular  officers. 

II.  Most  - favored  - nation  consular 
privileges,  etc. 

III.  Exemptions. 

IV.  Testimony  by  consuls. 

V.  Arms  and  flag. 

VI.  Iminunities  of  offices  and  ar- 
chives. 

VII.  Acting  officers. 

VIII.  Vice-consuls  and  agents. 


IX.  Application  to  authorities. 

X.  Notarial  powers. 

XI.  Estates  of  deceased  persons. 

XII.  Shipping  disputes. 

XIII.  Deserters  from  ships. 

XIV.  Damages  to  vessels  at  sea. 

XV.  Shipwrecks  and  salvage. 

XVI.  Examination  on  vessels. 

XVII.  Ratification ; duration. 


The  President  of  the  United  States  of  America  and  His  Majesty 
the  King  of  the  Hellenes,  being  mutually  desirous  of  defining  the 
rights,  privileges  and  immunities  of  consular  officers  in  the  two  Coun- 
tries, deem  it  expedient  to  conclude  a consular  convention  for  that 
purpose,  and  have  accordingly  named  as  their  Plenipotentiaries : 

The  President  of  the  United  States  of  America,  Charles  S.  Francis, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  to  His  Majesty 
the  King  of  the  Hellenes, 

His  Majesty  the  King  of  the  Hellenes,  Alexander  Th.  Zaimis,  Com- 
mander of  the  Eoyal  Order  of  the  Saviour,  etc..  President  of  His 
Council,  His  Minister  for  Foreign  Affairs, 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers,  found  to  be  in  good  and  due  form,  have  agreed  upon  the 
following  articles: 

Article  I. 


Each  of  the  high  contracting  parties  agrees  to  receive  from  the 
other,  consuls-general,  consuls,  vice-consuls  and  consular  agents  in  all 
its  ports,  cities  and  places,  except  those  where  it  may  not  be  conven- 
ient to  recognize  such  officers.  This  reservation,  however,  shall  not 
apply  to  one  of  the  high  contracting  parties  without  also  applying  to 
every  other  power. 


856 


TBEATIES,  CONVENTIONS,  ETC. 
Article  II. 


The  consiils-general,  consuls,  vice-consuls  and  consular  agents  of 
the  two  high  contracting  parties  shall  enjoy  reciprocally,  in  the  states 
of  the  other,  all  the  privileges,  exemptions  and  immunities  that  are 
enjoyed  by  officers  of  the  same  rank  and  quality  of  the  most  favored 
nation.  The  said  officers,  before  being  admitted  to  the  exercise  of 
their  functions  and  the  enjoyment  of  the  immunities  thereto  pertain- 
ing, shall  present  their  commissions  in  the  forms  established  in  their 
respective  countries.  The  government  of  each  of  the  two  high  con- 
tracting powers  shall  furnish  them  the  necessary  exequatur  free  of 
charge,  and,  on  the  exhibition  of  this  instrument,  they  shall  be  per- 
mitted to  enjoy  the  rights,  privileges  and  immunities  granted  by  this 
convention. 

Article  III. 

Consuls-General,  consuls,  vice-consuls  and  consular  agenfs,  citizens 
of  the  State  by  which  they  are  appointed,  shall  be  exempt  from  pre- 
liminary arrest,  except  in  the  case  of  offences  which  the  local  legisla- 
tion qualifies  as  crimes  and  punishes  as  such;  they  shall  be  exempt 
from  military  billetings,  from  service  in  the  regular  army  or  navjq  in 
the  militia,  or  in  the  national  guard;  they  shall  likewise  be  exempt 
from  all  direct  taxes,  national,  state  or  municipal,  unless  such  taxes 
become  due  on  account  of  the  possession  of  real  estate,  or  for  interest 
on  capital  invested  in  the  country  where  the  said  officers  exercise  their 
functions.  This  exemption  shall  not,  however,  apply  to  consuls- 
general,  consuls,  vice-consuls  or  consular  agents  engaged  in  any  pro- 
fession, business  or  trade;  but  said  officers  shall  in  such  case  be  sub- 
ject to  the  payment  of  the  same  taxes  as  would  be  paid  by  any  other 
foreigner  under  the  like  circumstances. 

Article  IV. 

Vdien  a court  of  one  of  the  two  countries  shall  desire  to  receive  the 
judicial  declaration  or  deposition  of  a consul-general,  consul,  vice- 
consul  or  consular  agent,  who  is  a citizen  of  the  State  which  appointed 
him  and  who  is  engaged  in  no  commercial  business,  it  shall  request 
him,  in  writing,  to  appear  before  it;  and  in  case  of  his  inability  to  do 
so,  it  shall  request  him  to  give  his  testimony  in  writing,  or  shall  visit 
his  residence  or  office  to  olitain  it  oralty. 

It  shall  be  the  duty  of  such  officer  to  comply  with  this  request  with 
as  little  delay  as  possible. 

In  all  criminal  cases  the  a^ipearance  in  court  of  said  consular  officer 
shall  be  demanded,  with  all  possible  regard  to  the  consular  dignit}' 
and  to  the  duties  of  his  office. 

It  shall  be  the  duty  of  said  consular  officer  to  comply  with  this  re- 
quest, without  any  delay  which  can  be  avoided.  Nothing  in  the  fore- 
going part  of  this  article,  however,  shall  be  construed  to  conflict  with 
the  provisions  of  the  sixth  article  of  the  amendments  to  the  Constitu- 
tion of  the  United  States,  or  with  like  provisions  in  the  constitutions 
of  the  several  States,  whereby  the  right  is  secured  to  persons  charged 
with  crimes,  to  obtain  witnesses  in  their  favor,  and  to  be  confronted 
with  the  witnesses  against  them. 


GBEECE — 1902. 


857 


Akticle  V. 

Consuls-general,  consuls,  vice-consuls  and  consular  agents  may 
place  over  the  outer  door  of  their  offices  the  arms  of  their  nation,  with 
this  inscription : Consulate-General,  or  Consulate,  or  Vice-Consulate, 
or  Consular  Agency  of  the  United  States  or  of  Greece. 

They  may  also  raise  the  flag  of  their  country  on  their  offices.  They 
may  in  like  manner,  raise  the  flag  of  their  countr}’  over  the  boat 
em2Dlo3'ed  by  them  in  the  port  for  the  exercise  of  their  functions. 

Akticle  VI. 

The  consular  offices  shall  at  all  times  be  inviolable.  The  local  au- 
thorities shall  not,  under  any  pretext,  invade  them.  In  no  case  shall 
they  examine  or  seize  the  papers  there  deposited.  In  no  case  shall 
those  offices  be  used  as  places  of  asylum.  Vdien  a consular  officer  is 
engaged  in  other  business  the  papers  relating  to  the  consulate  shall 
be  kept  separate. 

Article  VII. 

In  the  event  of  the  death,  incapacity  or  absence  of  consuls-general, 
consuls,  vice-consuls  and  consular  agents,  their  chancellors  or  secre- 
taries, whose  official  character  may  have  previous!}"  been  made  known 
to  the  Department  of  State  at  Washington  or  to  the  Ministry  of  For- 
eign Affairs  in  Greece,  may  temporarily  exercise  their  functions,  and 
while  thus  acting  they  shall  enjoy  all  the  rights,  prerogatives  and 
immunities  granted  to  the  incumbents. 


Article  VIII. 

Consuls-general  and  consuls  may,  so  far  as  the  laws  of  their  country 
allow,  with  the  approbation  of  their  respective  governments,  appoint 
vice-consuls  and  consular  agents  in  the  cities,  ports  and  places  within 
their  consular  jurisdiction. 

These  agents  may  be  selected  from  among  citizens  of  the  United 
States  or  of  Greece,  or  those  of  other  countries.  They  shall  be  fur- 
nished with  a regular  commission,  and  shall  enjoy  the  privileges  stip- 
ulated for  consular  officers  in  this  convention,  subject  to  the  excep- 
tions specified  in  articles  3 and  I. 

Article  IX. 

Consuls-general,  consuls,  vice-consuls  and  consular  agents  shall 
have  the  right  to  address  the  administrative  and  judicial  authorities, 
whether  in  the  United  States  of  the  Union,  the  States  or  the  munic- 
ipalities, or  in  Greece,  of  the  State,  throughout  the  whole  extent  of 
their  consular  jurisdiction,  in  order  to  complain  of  any  infraction  of 
the  treaties  and  conventions  between  the  United  States  and  Greece, 
and  for  the  purpose  of  protecting  the  rights  and  interests  of  their 
countrymen.  If  the  complaint  should  not  be  satisfactorily  redressed, 
the  consular  officers  aforesaid,  in  the  absence  of  a diplomatic  agent  of 
their  country,  may  apply  directly  to  the  government  of  the  country 
where  they  exercise  their  functions. 


858 


TREATIES,  CONVENTIONS,  ETC. 

Article  X. 

Consiils-general,  consuls,  vice-consuls  and  consular  agents  may  take 
at  their  offices,  at  their  private  residence,  at  the  residence  of  the  par- 
ties, or  on  board  ship  the  depositions  of  the  captains  and  crews  of  ves- 
sels of  their  own  country,  of  passengers  on  board  of  them,  and  of  any 
other  citizen  of  their  nation.  They  may  also  receive  at  their  offices, 
conformably  to  the  laws  and  regulations  of  their  country,  all  con- 
tracts between  the  citizens  of  their  country  and  the  citizens  or  other 
inhabitants  of  the  country  where  they  reside,  and  even  all  contracts 
between  the  latter,  provided  they  relate  to  property  situated,  or  to 
business  to  be  transacted,  in  the  territory  of  the  nation  to  which  the 
said  consular  officer  may  belong. 

Such  papers  and  official  documents,  whether  in  the  original,  in 
copies  or  in  translation,  duly  authenticated  and  legalized  by  the  con- 
suls-general,  consuls,  vice-consuls  and  consular  agents,  and  sealed 
with  their  official  seal,  shall  be  received  as  legal  documents  in  courts 
of  justice  throughout  the  United  States  and  Greece. 

Article  XI. 

In  the  case  of  the  death  of  any  citizen  of  the  United  States  in 
Greece,  or  of  a Greek  subject  in  the  United  States,  without  having 
any  known  heirs  or  testamentary  executors  by  him  appointed,  the 
competent  local  authorities  shall  give  information  of  the  circumstance 
to  the  consular  officers  of  the  nation  to  which  the  deceased  belongs,  in 
order  that  the  necessary  information  may  be  immediately  forwarded 
to  the  parties  interested. 

In  all  that  relates  to  the  administration  and  settlement  of  estates, 
the  consular  officers  of  the  high  contracting  parties  shall  have  the 
same  rights  and  privileges  as  those  accorded  in  the  United  States  of 
America  and  Greece,  respectively,  to  the  consular  officer  of  the  most 
favored  nation. 

Article  XII. 

Consuls-general,  consuls,  vice-consuls  and  consular  agents  shall 
have  exclusive  charge  of  the  internal  order  of  the  merchant  vessels 
of  their  nation  and  shall  alone  take  cognizance  of  differences  which 
may  arise  either  at  sea  or  in  port  between  the  captains,  officers  and 
crews,  without  exception,  particularly  in  reference  to  the  adjustment 
of  wages  and  the  execution  of  contracts. 

In  case  any  discord  should  happen  on  board  of  vessels  of  either 
party,  in  the  territory  or  waters  of  the  other,  neither  the  Federal, 
State  or  Municipal  Authorities  or  Courts  in  the  United  States,  nor 
any  Court  or  Authority  in  Greece,  shall  on  any  pretext  interfere  ex- 
cept when  the  said  disorders  are  of  such  a nature  as  to  cause  or  to  be 
likely  to  cause  a breach  of  the  peace  or  serious  trouble  in  the  port  or 
on  shore ; or  when,  in  such  trouble  or  breach  of  the  peace,  a person  or 
persons  shall  be  implicated,  not  forming  a part  of  the  crew. 

In  any  other  case,  said  Federal,  State  or  Municipal  Authorities  or 
Courts  in  the  United  States,  or  Courts  or  Authorities  in  Greece,  shall 
not  interfere  but  shall  render  forcible  aid  to  consular  officers,  when 
they  may  ask  it,  to  search,  arrest  and  imprison  all  persons  composing 
the  crew,  whom  they  may  deem  it  necessary  to  confine.  Those  persons 
shall  be  arrested  at  the  sole  request  of  the  consuls  addressed  in  writ- 
ing to  either  the  Federal,  State  or  Municipal  Courts  or  Authorities  in 
the  United  States,  or  to  any  Court  or  Authority  in  Greece,  and  sup- 


GKEECE 1902. 


859 


ported  by  an  official  extract  from  the  register  of  the  ship  or  the  list  of 
the  crew,  and  the  prisoners  shall  be  held,  during  the  whole  time  of 
their  stay  in  the  port,  at  the  disposal  of  the  consular  officers.  Their 
release  shall  be  granted  at  the  mere  request  of  such  officers  made  in 
writing.  The  expenses  of  the  arrest  and  detention  of  those  persons, 
shall  be  paid  by  the  consular  officers. 

Article  XIII. 

The  said  consuls-general,  consuls,  vice-consuls  and  consular  agents 
are  authorized  to  requix’e  the  assistance  of  the  local  authorities  for  the 
arrest,  detention  and  imprisonment  of  the  deserters  from  the  ships  of 
war  and  merchant  vessels  of  their  country;  and  for  this  purpose  they 
shall  apply  to  the  competent  tribunals,  judges  and  officers  and  shall, 
in  writing,  demand  said  deserters,  proving  by  the  exhibition  of  the 
registers  of  the  vessels,  the  rolls  of  the  crews,  or  by  other  official  doc- 
uments, that  such  individuals  formed  part  of  the  crews,  and  on  this 
reclamation  being  thus  substantiated  the  surrender  shall  not  be  re- 
fused. Such  deserters,  when  arrested,  shall  be  placed  at  the  disposal 
of  the  said  consuls-general,  consuls,  vice-consuls  and  consular  agents, 
and  may  be  confined  in  the  public  prisons  at  the  request  and  cost  of 
those  who  claim  them,  in  order  to  be  sent  to  the  vessels  to  which  they 
belonged,  or  to  others  of  the  same  country.  But  if  not  sent  back 
within  the  space  of  two  months,  reckoning  from  the  day  of  their 
arrest,  they  shall  be  set  at  liberty,  and  shall  not  again  be  arrested  for 
the  same  cause. 

It  is  understood,  however,  that  if  the  deserter  should  be  found  to 
have  committed  any  crime  or  offence,  his  surrender  may  be  delayed 
until  the  tribunal  before  which  the  case  shall  be  depending  shall 
have  pronounced  its  sentence,  and  such  sentence  shall  have  been  car- 
ried into  effect. 

Article  XIV 

In  the  absence  of  an  agreement  to  the  contrary,  between  the  own- 
ers, freighters  and  insurers,  all  damages  suffered  at  sea,  by  the  vessels 
of  the  two  countries,  whether  they  enter  the  respective  ports  volun- 
tarily or  are  forced  by  stress  of  weather  or  other  cause,  over  which 
the  officers  have  no  control,  shall  be  settled  by  the  consuls-general, 
consuls,  vice-consuls  and  consular  agents  of  the  country  in  which  they 
respectively  reside;  in  case,  however,  any  citizen  of  the  country  in 
which  the  said  officers  reside,  or  subjects  of  a third  power,  should  be 
interested  in  these  damages,  and  the  parties  cannot  come  to  an  amica- 
ble agreement,  the  competent  local  authorities  shall  decide. 

Article  XV 

All  operations  relative  to  salvage  of  United  States  vessels  wrecked 
upon  the  coasts  of  Greece,  and  of  Greek  vessels  upon  the  coasts  of 
the  United  States,  shall  be  directed  by  the  respective  consuls-general, 
consuls,  and  vice-consuls  of  the  two  countries,  and  until  their  arrival, 
by  the  respective  consular  agents,  where  consular  agencies  exist. 

In  places  and  ports  where  there  is  no  such  agency,  the  local  author- 
ities shall  give  immediate  notice  of  the  shipwreck  to  the  consul  of  the 
district  in  which  the  disaster  has  taken  place,  and  until  the  arrival 
of  the  said  consul,  they  shall  take  all  necessary  measures  for  the  pro- 
tection of  persons  and  the  preservation  of  property. 


860 


TREATIES,  CONVENTIONS,  ETC. 


The  local  authorities  shall  intervene  only  to  preserve  order,  and  to 
protect  the  interests  of  the  salvors,  if  they  do  not  belong  to  the  crew 
of  the  wrecked  vessel,  and  to  secure  the  execution  of  the  arrange- 
ments made  for  the  entry  and  exportation  of  the  merchandise  saved. 
It  is  understood  that  such  merchandise  is  not  to  be  subjected  to  any 
custom-house  charges,  unless  it  be  intended  for  consumption  in  the 
country  in  which  the  wreck  took  place. 

Article  XVI 

Consuls-general,  consuls,  vice-consuls  and  consular  agents  shall  be 
at  liberty  to  go,  either  in-person  or  by  proxy,  on  board  vessels  of 
their  nation  admitted  to  entry  and  to  examine  tlie  officers  and  crews, 
to  examine  the  ship’s  papers,  to  receive  declarations  concerning  their 
voyage,  their  destination  and  the  incidents  of  the  voyage;  also  to 
draw  up  manifests  and  list  of  freight,  to  facilitate  the  entry  and 
clearance  of  their  vessels,  and  finally  to  accompa.ny  the  said  officers 
or  crews  before  the  judicial  or  administrative  authorities  of  the  coun- 
try, to  assist  them  as  their  interpreters  or  agents. 

The  judicial  authorities  and  custom-lxmse  officials  shall  in  no  case 
proceed  to  the  examination  or  search  of  merchant  vessels  without 
having  given  previous  notice  to  the  consular  officers  of  the  nation  to 
which  the  said  vessels  belong,  in  order  to  enable  the  said  consular 
officers  to  be  present. 

They  shall  also  give  due  notice  to  the  said  consular  officers,  in  order 
to  enable  them  to  be  present  at  any  depositions  or  statements  to  be 
made  in  courts  of  law  or  before  local  magistrates,  by  officers  or  per- 
sons belonging  to  the  crew,  thus  to  prevent  errors  or  false  interpreta- 
tions which  might  impede  the  correct  administration  of  justice.  The 
notice  to  consuls,  vice-consuls  or  consular  agents  shall  name  the  hour 
fixed  for  such  proceedings.  Upon  the  non-appearance  of  the  said 
ofiicers  or  their  representatives,  the  case  may  be  proceeded  with  in 
their  absence. 

Article  XVII. 

The  present  coni'ention  shall  remain  in  force  for  the  space  of  ten 
years,  counting  from  the  day  of  the  exchange  of  the  ratifications, 
which  shall  be  made  in  conformity  with  the  respective  constitutions 
of  the  two  countries  and  exchanged  at  Athens  as  soon  as  possible. 

In  case  neither  party  gives  notice,  twelve  months  before  the  expira- 
tion of  the  said  period  of  ten  years,  of  its  intention  not  to  renew  this 
convention,  it  shall  remain  in  force  one  year  longer,  and  so  on  from 
year  to  year,  until  the  expiration  of  a year  from  the  dai-  on  which 
one  of  the  parties  shall  have  given  such  notice. 

This  convention  abrogates  articles  12,  13  and  14  of  the  treaty  of 
Commerce  and  Navigation  concluded  between  the  United  States  of 
America  and  Greece  at  London,  December  10th/22d,  1837,  the  re- 
maining articles  of  such  treat}’  continuing  in  force. 

In  faith  whereof,  the  respective  plenipotentiaries  have  signed  this 
convention  in  duplicate  and  have  hereunto  affixed  their  seals. 

N ovember 

Done  at  Athens  the  19th/2d  day  of  1902 

Charles  S.  Francis,  (seal) 
{T2.)  A.  A.  ZAiMH2. 


GUATEMALA. 


1849.“ 


Treaty  of  Peace,  Friendship,  Commerce,  and  Navigation. 

Concluded  March  3, 1849;  ratificntion  advised  hy  the  Senate  Septerru- 
her  24i  1850;  time  for  exchange  of  ratifications  extended  hy  the 
Senate  September  27, 1850,  and  again  June  7,  1852 ; ratified  hy  the 
President  November  14,  1850;  ratifications  exchanged  May  13, 
1852;  proclaimed  July  28, 1852. 

Articles. 


I.  Amity. 

II.  Most  favored  nation. 

III.  Navigation  and  trade. 

IV.  Tonnage  duties. 

V.  Discrimination  in  duties. 

VI.  Reciprocal  privileges  of  citizens. 

VII.  Embargo. 

VIII.  Asylum  for  vessels. 

IX.  Captures  by  pirates. 

X.  Shipwrecks. 

XI.  Disposition  of  property. 

XII.  Reciprocal  protection  property 
rights. 

XIII.  Religious  liberty. 

XIV.  Trade  in  war. 

XV.  Neutral  property. 

XVI.  Contraband. 


XVII.  Blockade. 

XVIII.  Procedure  in  contraband. 

XIX.  Blockade  and  siege. 

XX.  Visitation  and  search. 

XXI.  Ships’  papers  in  war. 

XXII.  Convoys. 

XXIII.  Prize  courts. 

XXIV.  Letters  of  marque. 

XXV.  War. 

XXVI.  Debts  in  war. 

XX■^TI.  Exemptions  of  envoys. 
XXVIII.  Mo.st  favored  nation,  consuls. 

XXIX.  Exequaturs. 

XXX.  Rights  of  consuls. 

XXXI.  Deserters. 

XXXII.  Consular  convention. 
XXXIII.  Duration;  ratification. 


The  United  States  of  America  and  the  Eepiiblic  of  Guatemala,  de- 
siring to  make  firm  and  permanent  the  peace  and  friendship  which 
happily  prevails  between  both  nations,  have  resolved  to  fix,  in  a man- 
ner clear,  distinct,  and  positive,  the  rules  which  shall  in  future  be 
religiously  observed  between  the  one  and  the  other,  by  means  of  a 
treaty  or  general  convention  of  peace,  friendship,  commerce,  and 
navigation. 

For  this  most  desirable  object  the  President  of  the  United  States 
of  America  has  conferred  full  powers  on  Elijah  Hise,  Charge 
d’Affaires  of  the  United  States  near  the  Government  of  the  Eepublic 
of  Guatemala  and  the  Executive  Power  of  the  Government  of  the 
said  Eepublic  on  the  Sr.  Licdo.  Dn.  Jose  Mariano  Eodriguez,  Secre- 
tary of  State  and  of  the  Department  of  Foreign  Eelations;  who, 
after  having  exchanged  their  said  full  powers  in  due  and  proper 
form,  have  agreed  to  the  following  articles : 

Article  I. 

There  shall  be  a perfect,  firm,  and  inviolable  peace  and  sincere 
friendship  between  the  United  States  of  America  and  the  Eepublic 


“This  treaty  was  terminated  by  notice  November  4,  1874. 

861 


862 


TEEATIES,  CONVENTIONS,  ETC. 


of  Guatemala,  in  all  the  extent  of  their  possessions  and  territories, 
and  between  their  people  and  citizens  respectively,  without  dis- 
tinction of  persons  or  places. 


Article  II. 

The  United  States  of  America  and  the  Republic  of  Guatemala,  de- 
siring to  live  in  peace  and  harmony  with  all  the  other  nations  of  the 
earth,  by  means  of  a policy  frank  and  equally  friendly  with  all, 
engage  mutually  not  to  grant  any  particular  favor  to  other  nations, 
in  respect  of  commerce  and  navigation,  which  shall  not  immediately 
become  common  to  the  other  party,  who  shall  enjoy  the  same  freely, 
if  the  concession  was  freely  made,  or  on  allowing  the  same  compensa- 
tion, if  the  concession  was  conditional. 

Article  III. 

The  two  high  contracting  parties,  being  likewise  desirous  of  plac- 
ing the  commerce  and  navigation  of  their  respective  countries  on  the 
liberal  basis  of  perfect  equality  and  reciprocity,  mutually  agree  that 
the  citizens  of  each  may  frequent  all  the  coasts  and  countries  of  the 
other,  and  reside  and  trade  there  in  all  kinds  of  produce,  manufac- 
tures, and  merchandise;  and  they  shall  enjoy  all  the  rights,  privileges, 
and  exemptions  in  navigation  and  commerce  which  native  citizens 
do  or  shall  enjoy,  submitting  themselves  to  the  laws,  decrees,  and 
usages  there  established,  to  which  native  citizens  are  subjected.  But 
it  is  understood  that  this  article  does  not  include  the  coasting  trade 
of  either  country,  the  regulation  of  which  is  reserved  to  the  parties 
respectively,  according  to  their  own  separate  laws. 

Article  IV. 

They  likewise  agree  that  whatever  kind  of  produce,  manufacture,  or 
merchandise  of  any  foreign  country  can  be  from  time  to  time  lawfully 
imported  into  the  United  States  in  their  own  vessels,  may  be  also 
imported  in  vessels  of  the  Republic  of  Guatemala ; and  that  no  higher 
or  other  duties  upon  the  tonnage  of  the  vessel  or  her  cargo  shall  be 
levied  and  collected,  whether  the  importation  be  made  in  vessels  of 
the  one  country  or  of  the  other;  and,  in  like  manner,  that  whatever 
kind  of  produce,  manufacture,  or  merchandise  of  any  foreign  country 
can  be  from  time  to  time  lawfully  imported  into  the  Republic  of 
Guatemala  in  its  own  vessels,  may  be  also  imported  in  vessels  of  the 
United  States,  and  that  no  higher  or  other  duties  upon  the  tonnage  of 
the  vessel  or  her  cargo  shall  be  levied  and  collected,  whether  the  im- 
portation be  made  in  vessels  of  the  one  country  or  of  the  other.  And 
they  further  agree  that  whatever  maj^  be  lawfully  exported  or  re- 
exported from  the  one  country  in  its  own  vessels  to  any  foreign  coun- 
try, may  be  in  like  manner  exported  or  re-exported  in  vessels  of  the 
other  country.  And  the  same  bounties,  duties,  and  drawbacks  shall  be 
allowed  and  collected,  whether  such  exportation  or  re-exportation  be 
made  in  vessels  of  the  United  States  or  of  the  Republic  of  Guatemala. 

Article  V. 

No  higher  or  other  duties  shall  be  imposed  on  the  importation  into 
the  United  States  of  any  articles  the  produce  or  manufactures  of  the 
Republic  of  Guatemala,  and  no  higher  or  other  duties  shall  be  im- 


GUATEMALA — ^1849. 


863 


posed  on  the  importation  into  the  Republic  of  Guatemala  of  any  arti- 
cles the  produce  or  manufactures  of  the  United  States,  than  are  or 
shall  be  payable  in  like  articles  being  the  produce  or  manufactures  of 
any  other  foreign  country;  nor  shall  any  higher  or  other  duties  or 
charges  be  imposed  in  either  of  the  two  countries  on  the  exportation 
of  any  articles  to  the  United  States  or  to  the  Republic  of  Guatemala, 
respectively,  than  such  as  are  payable  on  the  exportation  of  the  like 
articles  to  any  other  foreign  country ; nor  shall  any  prohibition  be  im- 
posed on  the  exportation  or  importation  of  any  articles  the  produce 
or  manufactures  of  the  United  States  or  of  the  Republic  of  Guate- 
mala, to  or  from  the  territories  of  the  United  States,  or  to  or  from  the 
territories  of  the  Republic  of  Guatemala,  which  shall  not  equally  ex- 
tend to  all  other  nations. 

Article  VI. 

It  is  likewise  agreed  that  it  shall  be  wholly  free  for  all  merchants, 
commanders  of  ships,  and  other  citizens  of  both  countries  to  manage 
themselves  their  own  business  in  all  the  ports  and  places  subject  to 
the  jurisdiction  of  each  other,  as  well  with  respect  to  the  consignment 
and  sale  of  their  goods  and  merchandise,  by  wholesale  or  retail,  as 
with  respect  to  the  loading,  unloading,  and  sending  off  their  ships; 
they  being  in  all  these  cases  to  be  treated  as  citizens  of  the  country  in 
which  they  reside,  or  at  least  to  be  placed  on  a footing  with  the  sub- 
jects or  citizens  of  the  most  favoured  nation. 

Article  VII. 

The  citizens  of  neither  of  the  contracting  parties  shall  be  liable  to 
any  embargo,  nor  be  detained  with  their  vessels,  cargoes,  merchandise, 
or  effects,  for  any  military  expedition,  nor  for  any  public  or  private 
purpose  whatever,  without  allowing  to  those  interested  a sufficient 
indemnification. 

Article  VIII. 

Whenever  the  citizens  of  either  of  the  contracting  parties  shall  be 
forced  to  seek  refuge  or  asylum  in  the  rivers,  bays,  ports,  or  domin- 
ions of  the  other  with  their  vessels,  whether  merchant  or  of  war,  pub- 
lic or  private,  through  stress  of  weather,  pursuit  of  pirates  or  enemies, 
they  shall  be  received  and  treated  with  humanity,  giving  to  them  all 
favour  and  protection  for  repairing  their  ships,  procuring  provisions, 
and  placing  themselves  in  a situation  to  continue  their  voyage  with- 
out obstacle  or  hindrance  of  any  kind. 

Article  IX. 

All  the  ships,  merchandise,  and  effects  belonging  to  the  citizens  of 
one  of  the  contracting  parties,  which  may  be  captured  by  pirates, 
whether  within  the  limit  of  its  jurisdiction  or  on  the  high  seas,  and 
may  be  carried  or  found  in  the  rivers,  roads,  bays,  ports,  or  domin- 
ions of  the  other,  shall  be  delivered  up  to  the  owners,  they  proving 
in  due  and  proper  form  their  rights  before  the  competent  tribunals; 
it  being  well  understood  that  the  claim  should  be  made  within  the 
term  of  one  year,  by  the  parties  themselves,  their  attorneys,  or  agents 
of  their  respective  Governments, 


864 


TREATIES,  CONVENTIOKS,  ETC. 
Article  X. 


When  any  vessel  belonging  to  the  citizens  of  either  of  the  contract- 
ing parties  shall  be  wrecked,  foundered,  or  shall  suffer  any  damage 
on  the  coasts,  or  within  the  dominions  of  the  other,  there  shall  be 
given  to  them  all  assistance  and  protection,  in  the  same  manner  which 
is  usual  and  customary  with  the  vessels  of  the  nation  where  the  dam- 
age happens,  permitting  them  to  unload  the  said  vessel  (if  necessary) 
of  its  merchandise  and  effects,  without  exacting  for  it  any  duty, 
impost,  or  contribution  whatever,  provided  the  same  be  exported. 

Article  XI, 

The  citizens  of  each  of  the  contracting  parties  shall  have  power  to 
dispose  of  their  personal  goods  within  the  jurisdiction  of  the  other, 
by  sale,  donation,  testament,  or  otherwise,  and  their  representatives, 
being  citizens  of  the  other  party,  shall  succeed  to  their  said  personal 
goods,  whether  by  testament  or  ab  intestato,  and  they  may  take  pos- 
session thereof,  by  themselves,  or  others  acting  for  them,  and  dispose 
of  the  same  at  their  will,  paying  such  dues  only  as  the  inhabitants  of 
the  country  where  said  goods  are  or  shall  be  subject  to  pay  in  like 
cases.  And  if,  in  the  case  of  real  estate,  the  said  heirs  would  be  pre- 
vented from  entering  into  the  possession  of  the  inheritance  on  account 
of  their  character  of  aliens,  there  shall  be  granted  to  them  the  term 
of  three  years  to  dispose  of  the  same  as  they  may  think  proper,  and 
to  withdraw  the  proceeds,  without  molestation,  and  exempt  from 
all  duties  of  detraction  on  the  part  of  the  Government  of  the  respec- 
tive States. 

Article  XII, 

Both  the  contracting  parties  promise  and  engage  formally  to  give 
their  special  protection  to  the  persons  and  property  of  the  citizens  of 
each  other,  of  all  occupations,  who  may  be  in  the  territories  subject  to 
the  jiirisdietion  of  the  one  or  of  the  other,  transient  or  dwelling 
therein,  leaving  open  and  free  to  them  the  tribunals  of  justice  for 
their  judicial  recourse,  on  the  same  terms  which  are  usual  and  cus- 
tomary with  the  natives  or  citizens  of  the  country  in  which  they  may 
be ; for  which  they  may  enijilo^r,  in  defence  of  their  rights,  such  advo- 
cates, solicitors,  notaries,  agents,  and  factors  as  thej^  may  judge  proper 
in  all  their  trials  at  law;  and  such  citizens  or  agents  shall  have  free 
opportunity  to  be  present  at  the  decisions  and  sentences  of  the  tri- 
bunals in  [all  “]  cases  which  may  concern  them,  and  likewise  at  the 
taking  of  all  examinations  and  evidence  which  may  be  exhibited  in 
the  said  trials. 

Article  XIII. 

It  is  likewise  agreed  that  the  most  perfect  and  entire  security  of  con- 
science shall  be  enjoyed  by  the  citizens  of  both  the  contracting  parties 
in  the  countries  subject  to  the  jurisdiction  of  the  one  and  the  other, 
without  their  being  liable  to  be  disturbed  or  molested  on  account  of 


“ The  word  Todo  appears  in  the  Spanish  text  but  its  equivalent  all  does  not 
appear  in  the  English  text  of  the  treaty. 


GUATEMALA ^1849. 


865 


their  religious  belief,  so  long  as  they  respect  the  laws  and  established 
usages  of  the  country.  Moreover,  the  b^ies  of  the  citizens  of  one  of 
the  contracting  parties  who  may  die  in  the  territories  of  the  other 
shall  be  buried  in  the  usual  burying-grounds,  or  in  other  decent  or 
suitable  places,  and  shall  be  protected  from  violation  or  disturbance. 

Article  XIV. 

It  shall  be  lawful  for  the  citizens  of  the  United  States  of  America 
and  of  the  Eepublic  of  Guatemala  to  sail  with  their  ships,  with  all 
manner  of  liberty  and  security,  no  distinction  being  made  who  are  the 
proprietors  of  the  merchandise  laden  thereon,  from  any  port,  to  the 
places  of  those  who  now  are  or  hereafter  shall  be  at  enmity  with 
either  of  the  contracting  parties.  It  shall  likewise  be  lawful  for  the 
citizens  aforesaid  to  sail  with  the  ships  and  merchandises  before  men- 
tioned, and  to  trade  with  the  same  liberty  and  security,  from  the 
places,  ports,  and  havens  of  those  who  are  enemies  of  both  or  either 
party,  without  any  opposition  or  disturbance  whatsoever,  not  only 
directly  from  the  places  of  the  enemy  before  mentioned  to  neutral 
places,  but  also  from  one  place  belonging  to  an  enemy  to  another  place 
belonging  to  an  enemy,  whether  they  be  under  the  jurisdiction  of  one 
Power  or  under  several.  And  it  is  hereby  stipulated  that  free  ships 
shall  also  give  freedom  to  goods,  and  that  everything  shall  be  deemed 
to  be  free  and  exempt  which  shall  be  found  on  board  the  ships  be- 
longing to  the  citizens  of  either  of  the  contracting  parties,  although 
the  whole  lading  or  any  part  thereof  should  appertain  to  the  enemies 
of  either,  contraband  goods  being  always  excepted.  It  is  also  agreed, 
in  like  manner,  that  the  same  liberty  be  extended  to  persons  who  are 
on  board  a free  ship,  with  this  effect,  that  although  they  be  enemies 
to  both  or  either  party,  they  are  not  to  be  taken  out  of  that  free  ship 
unless  they  are  officers  or  soldiers,  and  in  the  actual  service  of  the 
enemies ; provided,  however,  and  it  is  hereby  agreed,  that  the  stipula- 
tions in  this  article  contained,  declaring  that  the  flag  shall  cover  the 
property,  shall  be  understood  as  applying  to  those  Powers  only  who 
recognize  this  principle ; but  if  either  of  the  two  contracting  parties 
shall  be  at  war  with  a third  and  the  other  neutral,  the  flag  of  the 
neutral  shall  cover  the  property  of  enemies  whose  Governments 
acknowledge  this  principle,  and  not  of  others. 

Article  XV. 

It  is  likewise  agreed  that  in  the  case  where  the  neutral  flag  of  one  of 
the  contracting  parties  shall  protect  the  property  of  the  enemies  of 
the  other,  by  virtue  of  the  above  stipulation,  it  shall  always  be  under- 
stood that  the  neutral  property  found  on  board  such  enemy’s  vessels 
shall  be  held  and  considered  as  enemy’s  property,  and  as  such  shall  be 
liable  to  detention  and  conflscation,  except  such  property  as  was  put 
on  board  such  vessel  before  the  declaration  of  war,  or  even  afterwards, 
if  it  were  done  without  the  knowledge  of  it ; but  the  contracting  par- 
ties agree  that,  two  months  having  elapsed  after  the  declaration,  their 
citizens  shall  not  plead  ignorance  thereof.  On  the  contrary,  if  the 
flag  of  the  neutral  does  not  protect  the  enemy’s  property,  in  that  case 
the  goods  and  merchandises  of  the  neutral  embarked  in  such  enemy’s 
ship  shall  be  free. 

24449— VOL  1—10 55 


866  TREATIES,  CONVENTIONS,  ETC. 

Article  XVI. 

This  liberty  of  navigation  and  commerce  shall  extend  to  all  kinds  of 
merchandises,  excepting  those  only  which  are  distinguished  by  the 
name  of  contraband ; and  under  this  name  of  contraband  or  prohibited 
goods  shall  be  comprehended: 

1st.  Cannons,  mortars,  howitzers,  swivels,  blunderbusses,  muskets, 
fuzees,  rifles,  carbines,  pistols,  pikes,  swords,  sabres,  lances,  spears, 
halberds,  and  granades,  bombs,  powder,  matches,  balls,  and  all  other 
things  belonging  to  the  use  of  these  arms. 

2dly.  Bucklers,  helmets,  breast-plates,  coats  of  mail,  infantry  belts, 
and  clothes  made  up  in  the  form  and  for  a military  use. 

3dly.  Cavalry  belts,  and  horses  with  their  furniture. 

4thly.  And  generally  all  kinds  of  arms  and  instruments  of  iron, 
steel,  brass,  and  copper,  or  of  any  other  materials  manufactured,  pre- 
pared, and  formed  expressly  to  make  war  by  sea  or  land. 

Article  XVTI. 

All  other  merchandise  and  things  not  comprehended  in  the  articles 
of  contraband  explicitly  enumerated  and  classified  as  above,  shall  be 
held  and  considered  as  free,  and  subjects  of  free  and  lawful  commerce, 
so  that  they  may  be  carried  and  transported  in  the  freest  manner,  by 
both  the  contracting  parties,  even  to  places  belonging  to  an  enemy, 
excepting  only  those  places  which  are  at  that  time  besieged  or  block- 
aded; and  to  avoid  all  doubt  in  this  particular,  it  is  declared  that 
those  places  only  are  besieged  or  blockaded  which  are  actually 
attacked  by  a belligerent  force  capable  of  preventing  the  entry  of  the 
neutral. 

Article  XVIII. 

The  articles  of  contraband  before  enumerated  and  classified  which 
may  be  found  in  a vessel  bound  for  an  enemy’s  port,  shall  be  sub- 
ject to  detention  and  confiscation,  leaving  free  the  rest  of  the  cargo 
and  the  ship,  that  the  owners  may  dispose  of  them  as  they  see  proper. 
No  vessel  of  either  of  the  two  nations  shall  be  detained  on  the  high 
seas  on  account  of  having  on  board  articles  of  contraband,  whenever 
the  master,  captain,  or  supercargo  of  said  vessel  will  deliver  up  the 
articles  of  contraband  to  the  captor,  unless  the  quantity  of  such  arti- 
cles be  so  great  and  of  so  large  a bulk  that  they  cannot  be  received 
on  board  the  capturing  ship  without  great  inconvenience ; but  in  this 
and  in  all  other  cases  of  just  detention  the  vessel  detained  shall  be 
sent  to  the  nearest  convenient  and  safe  port  for  trial  and  judgment 
according  to  law. 

Article  XIX. 

And  whereas  it  frequently  happens  that  vessels  sail  for  a port  or 
place  belonging  to  an  enemy  without  knowing  that  the  same  is 
besieged,  blockaded,  or  invested,  it  is  agreed  that  every  vessel  so 
circumstanced  may  be  turned  away  from  such  port  or  place,  but 
shall  not  be  detained;  nor  shall  any  part  of  her  cargo,  if  not  con- 
traband, be  confiscated,  unless,  after  warning  of  such  blockade  or 
investment  from  the  commanding  officer  of  the  blockading  forces,  she 


GUATEMALA — 1849. 


867 


shall  again  attempt  to  enter;  but  she  shall  be  permitted  to  go  to  any 
other  port  or  place  she  shall  think  proper.  Nor  shall  any  vessel  of 
either  of  the  parties,  that  may  have  entered  into  such  port  or  place 
before  the  same  was  actually  besieged,  blockaded,  or  invested  by  the 
other,  be  restrained  from  quitting  such  place  with  her  cargo ; nor,  if 
found  therein  after  the  reduction  and  surrender,  shall  such  vessel  or 
her  cargo  be  liable  to  confiscation,  but  they  shall  be  restored  to  the 
owners  thereof. 

Article  XX. 

In  order  to  prevent  all  kind  of  disorder  in  the  visiting  and  exam- 
ination of  the  ships  and  cargoes  of  both  the  contracting  parties  on 
the  high  seas,  they  have  agreed,  mutually,  that  whenever  a vessel  of 
war,  public  or  private,  shall  meet  with  a neutral  of  the  other  con- 
tr.acting  party,  the  first  shall  remain  out  of  cannon-shot,  and  may 
send  its  boat,  with  two  or  three  men  only,  in  order  to  execute  the  said 
examination  of  the  papers  concerning  the  ownership  and  cargo  of  the 
vessel,  without  causing  the  least  extortion,  violence,  or  ill-treatment, 
for  which  the  commanders  of  the  said  armed  ships  shall  be  responsi- 
ble, with  their  persons  and  property;  for  which  purpose,  the  com- 
manders of  the  said  private  armed  vessels  shall,  before  receiving  their 
commissions,  give  sufficient  security  to  answer  for  all  the  damages 
they  may  commit.  And  it  is  expressly  agreed  that  the  neutral  party 
shall  in  no  case  be  required  to  go  on  board  the  examining  vessel  for 
the  purpose  of  exhibiting  her  papers,  or  for  any  other  purpose 
whatever. 

Article  XXI. 

To  avoid  all  kind  of  vexation  and  abuse  in  the  examination  of  the 
papers  relating  to  the  ownership  of  the  vessels  belonging  to  the  citi- 
zens of  the  two  contracting  parties,  they  have  agreed,  and  do  agree, 
that  in  case  one  of  them  should  be  engaged  in  war,  the  ships  and 
vessels  belonging  to  the  citizens  of  the  other  must  be  furnished  with 
sea-letters  or  passports  expressing  the  name,  property,  and  bulk  of 
the  ship,  as  also  the  name  and  place  of  habitation  of  the  master  or 
commander  of  said  vessel,  in  order  that  it  may  thereby  appear  that 
the  ship  really  and  truly  belongs  to  the  citizens  of  one  of  the  parties. 
They  have  likewise  agreed,  that  such  ships,  being  laden,  besides  the 
said  sea-letters  or  passports,  shall  also  be  provided  with  certificates 
containing  the  several  particulars  of  the  cargo  and  the  place  whence 
the  ship  sailed,  so  that  it  may  be  known  whether  any  forbidden  or 
contraband  goods  be  on  board  the  same;  which  certificates  shall  be 
made  out  by  the  officers  of  the  place  whence  the  ship  sailed  in  the 
accustomed  form ; without  which  requisites  said  vessel  may  be  de- 
tained to  be  adjudged  by  the  competent  tribunal,  and  may  be  declared 
legal  prize,  unless  the  said  defect  shall  be  satisfied  or  supplied  by 
testimony  entirely  equivalent. 

Article  XXII. 

It  is  further  agreed  tl^t  the  stipulations  above  expressed  relative  to 
the  visiting  and  examination  of  vessels  shall  apply  only  to  those  which 
sail  without  convoy ; and  wjien  said  vessels  shall  be  under  convoy,  the 
verbal  declaration  of  the  commander  of  the  convoy,  on  his  word  of 


868 


TREATIES,  CONVENTIONS,  ETC. 


honor,  that  the  vessels  under  his  protection  belong  to  the  nation  whose 
flag  he  carries,  and,  when  they  are  bound  to  an  enemy’s  port,  that 
they  have  no  contraband  goods  on  board,  shall  be  sufficient. 

Article  XXIII. 

It  is  further  agreed  that  in  all  cases  the  established  courts  for  prize 
causes  in  the  country  to  which  the  prizes  may  be  conducted  shall 
alone  take  cognizance  of  them,  and  whenever  such  tribunal  of  either 
party  shall  pronounce  judgment  against  any  vessel,  or  goods,  or 
property  claimed  by  the  citizens  of  the  other  party,  the  sentence  or 
decree  shall  mention  the  reasons  or  motives  on  which  the  same  shall 
have  been  founded ; and  an  authenticated  copy  of  the  sentence  or  de- 
cree, and  of  all  the  proceedings  in  the  case,  shall,  if  demanded,  be 
delivered  to  the  commander  or  agent  of  said  vessel  without  any  delaj", 
he  paying  the  legal  fees  for  the  same. 

Article  XXIV. 

Whenever  one  of  the  contracting  parties  shall  be  engaged  in  war 
with  another  State,  no  citizen  of  the  other  contracting  party  shall 
accept  a commission  or  letter  of  marque  for  the  purpose  of  assisting 
or  co-operating  hostilely  with  the  said  enemy  against  the  said  party 
so  at  war,  under  the  pain  of  being  treated  as  a pirate. 

Article  XXY. 

If  by  any  fatality,  which  cannot  be  expected,  and  which  God  for- 
bid, the  two  contracting  parties  should  be  engaged  in  a war  Avith  each 
other,  they  have  agreed,  and  do  agree,  now  for  then,  that  there  shall 
be  allowed  the  term  of  six  months  to  the  merchants  residing  on  the 
coasts  and  in  the  ports  of  each  other,  and  the  term  of  one  year  to  those 
who  dwell  in  the  interior,  to  arrange  their  business  and  transport 
their  effects  wherever  they  please,  giving  to  them  the  safe-conduct 
necessary  for  it,  which  may  serve  as  a sufficient  protection  until  they 
arrive  at  the  designated  port.  The  citizens  of  all  other  occupations 
who  may  be  established  in  the  territories  or  dominions  of  the  United 
States  of  America  and  of  the  Republic  of  Guate’uala  shall  be  re- 
spected and  maintained  in  the  full  enjoyment  of  tlu  personal  liberty 
and  property,  unless  their  particular  conduct  shall  cause  them  to 
forfeit  this  protection,  which,  in  consideration  of  humanity,  the 
contracting  parties  engage  to  give  them. 

Article  XXVI. 

Neither  the  deots  due  from  individuals  of  the  one  nation  to  individ- 
uals of  the  other,  nor  shares  nor  moneys  which  they  may  have  in 
public  funds  or  in  public  or  private  banks,  shall  ever,  in  any  event  of 
war  or  of  national  difference,  be  sequestered  or  confiscated. 

Article  XXVII. 

Both  the  contracting  parties,  being  desirous  of  avoiding  all  inequal- 
ity in  relation  to  their  public  communications  and  official  intercourse, 
have  agreed,  and  do  agree,  to  grant  to  the  Envoys,  Ministers,  and 


GUATEMALA 1849. 


869 


other  public  agents  the  same  favours,  immunities,  and  exemptions 
which  those  of  the  most  favoured  nation  do  or  shall  enjoy ; it  being 
understood  that  whatever  favours,  immunities,  or  privileges  the 
United  States  of  America  or  the  Republic  of  Guatemala  may  find  it 
proper  to  give  to  the  Ministers  and  public  agents  of  any  other  Power, 
shall,  by  the  same  act,  be  extended  to  those  of  each  of  the  contracting 
parties. 

Article  XXVIII. 

To  make  more  effectual  the  protection  which  the  United  States  of 
America  and  the  Republic  of  Guatemala  shall  afford  in  future  to  the 
navigation  and  commerce  of  the  citizens  of  each  other,  they  agree 
to  receive  and  admit  Consuls  and  Vice-Consuls  in  all  the  ports  open 
to  foreign  commerce,  who  shall  enjoy  in  them  all  the  rights,  preroga- 
tives, and  immunities  of  the  Consuls  and  Vice-Consuls  of  the  most 
favoured  nation;  each  contracting  party,  however,  remaining  at 
liberty  to  except  those  ports  and  places  in  which  the  admission  and 
residence  of  such  Consuls  and  Vice-Consuls  may  not  seem  convenient. 

Article  XXIX. 

In  order  that  the  Consuls  and  Vice-Consuls  of  the  two  contracting 
parties  may  enjoy  the  rights,  prerogatives,  and  immunities  which  be- 
long to  them  by  their  public  character,  they  shall,  before  entering  on 
the  exercise  of  their  functions,  exhibit  their  commission  or  patent  in 
due  form  to  the  Government  to  which  they  are  accredited ; and,  hav- 
ing obtained  their  exequatur,  they  shall  be  held  and  considered  as 
such  by  all  the  authorities,  magistrates,  and  inhabitants  in  the  con- 
sular district  in  which  they  reside. 

Article  XXX. 

It  is  likewise  agreed  that  the  Consuls,  their  secretaries,  officers,  and 
persons  attached  to  the  service  of  Consuls,  they  not  being  citizens  of 
the  country  in  which  the  Consul  resides,  shall  be  exempt  from  all 
public  service,  and  also  from  all  kind  of  taxes,  imposts,  and  contribu- 
tions, except  those  which  they  shall  be  obliged  to  pay  on  account  of 
commerce  or  their  property,  to  which  the  citizens  and  inhabitants, 
native  and  foreign,  of  the  country  in  which  they  reside,  are  subject; 
being  in  everything  besides  subject  to  the  laws  of  the  respective 
States.  The  archives  and  papers  of  the  consulate  shall  be  respected 
inviolably,  and  under  no  pretext  whatever  shall  any  magistrate  seize 
or  in  any  way  interfere  with  them. 

Article  XXXI. 

The  said  Consuls  shall  have  power  to  require  the  assistance  of  the 
authorities  of  the  country  for  the  arrest,  detention,  and  custody  of 
deserters  from  the  public  and  private  vessels  of  their  country,  and 
for  that  purpose  they  shall  address  themselves  to  the  courts,  judges, 
and  officers  competent,  and  shall  demand  the  said  deserters  in  writ- 
ing, proving  by  an  exhibition  of  the  registers  of  the  vessel’s  or  ship’s 
roll,  or  other  public  documents,  that  those  men  were  part  of  the  said 
crews;  and  on  this  demand,  so  proved,  (saving,  however,  where  the 


870 


TREATIES,  CONVENTIONS,  ETC. 


contrary  is  proved,)  the  delivery  shall  not  be  refused.  Such  deserters, 
when  arrested,  shall  be  put  at  the  disposal  of  the  said  Consuls,  and 
may  be  put  in  the  public  prisons,  at  the  request  and  expense  of  those 
who  reclaim  them,  to  be  sent  to  the  ships  to  which  they  belonged,  or 
to  others  of  the  same  nation.  But  if  they  be  not  sent  back  within  two 
months,  to  be  counted  from  the  day  of  their  arrest,  they  shall  be  set 
at  liberty,  and  shall  be  no  more  arrested  for  the  same  cause. 

Article  XXXII. 

For  the  purpose  of  more  effectually  protecting  their  commerce  and 
navigation,  the  two  contracting  parties  do  hereby  agree,  as  soon  here- 
after as  circumstances  will  permit,  to  form  a consular  convention, 
which  shall  declare  specially  the  powers  and  immunities  of  the  Con- 
suls and  Vice-Consuls  of  the  repective  parties. 

Article  XXXIII. 

The  United  States  of  America  and  the  Republic  of  Guatemala, 
desiring  to  make  as  durable  as  circumstances  will  permit  the  relations 
which  are  to  be  established  between  the  two  parties  by  virtue  of  this 
treaty  or  general  convention  of  peace,  amity,  commerce,  and  naviga- 
tion, have  declared  solemnly,  and  do  agree  to,  the  following  points : 

1st.  The  present  treaty  shall  remain  in  full  force  and  virtue  for  the 
term  of  twelve  years,  to  be  counted  from  the  day  of  the  exchange  of 
the  ratifications,  and  further  until  the  end  of  one  year  after  either  of 
the  contracting  parties  shall  have  given  notice  to  the  other  of  its 
intention  to  terminate  the  same;  each  of  the  contracting  parties  re- 
serving to  itself  the  right  of  giving  such  notice  to  the  other  at  the  end 
of  said  term  of  twelve  years.  And  it  is  hereby  agreed  between  them, 
that  on  the  expiration  of  one  year  after  such  notice  shall  have  been 
received  by  either  from  the  other  party,  this  treaty,  in  all  its  parts 
relative  to  commerce  and  navigation,  shall  altogether  cease  and  deter- 
mine, and  in  all  those  parts  which  relate  to  peace  and  friendship  it 
shall  be  perpetually  binding  on  both  Powers. 

2dly.  If  any  one  or  more  of  the  citizens  of  either  party  shall  in- 
fringe any  of  the  articles  of  this  treaty,  such  citizen  shall  be  held 
personally  responsible  for  the  same,  and  the  harmony  and  good  cor- 
respondence between  the  nations  shall  not  be  interrupted  thereby; 
each  party  engaging  in  no  way  to  protect  the  offender  or  sanction 
such  violation. 

3dly.  If  (which  indeed  cannot  be  expected)  unfortunately  any  of 
the  articles  contained  in  the  present  treaty  shall  be  violated  or  in- 
fringed in  any  other  way  whatever,  it  is  expressly  stipulated  that 
neither  of  the  contracting  parties  will  order  or  authorize  any  acts  of 
reprisal,  nor  declare  war  against  the  other,  on  complaints  of  injuries 
or  damages,  until  the  said  party  considering  itself  offended  shall  first 
have  presented  to  the  other  a statement  of  such  injuries  or  damages, 
verified  by  competent  proof,  and  demanded  justice  and  satisfaction, 
and  the  same  shall  have  been  either  refused  or  unreasonably  delayed. 

4thly.  Nothing  in  this  treaty  contained  shall,  however,  be  con- 
strued or  operate  contrary  to  former  and  existing  public  treaties 
with  other  sovereigns  or  States. 


GUATEMALA — ^1849-1900. 


871 


The  present  treaty  of  peace,  amity,  commerce,  and  navigation  shall 
be  approved  and  ratified  by  the  President  of  the  United  States  of 
America  by  and  with  the  advice  and  consent  of  the  Senate  thereof, 
and  by  the  Government  of  the  Republic  of  Guatemala,  and  the  rati- 
fications shall  be  exchanged  in  the  city  of  Washington  or  Guatemala 
within  eighteen  months,  counted  from  the  date  of  the  signature 
hereof,  or  sooner  if  possible. 

In  faith  whereof  we,  the  Plenipotentiaries  of  the  United  States  of 
America  and  of  the  Republic  of  Guatemala,  have  signed  and  sealed 
these  presents,  in  the  city  of  Guatemala,  this  third  day  of  March,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  forty-nine. 
[seal.]  Elijah  Hise. 

[seal.]  J.  Mariano  Rodriguez. 


1900. 

Protocol  of  an  Agreement  Sitbmitting  to  Arbitration  the  Claim 
OF  Robert  H.  May  Against  Guatemala  and  the  Claim  of 
Guatemala  Against  said  May. 

Signed  at  AV  ashing  ton.,  Fehruary  23,  1900. 
protocol  of  an  agreement  between  the  secretary  of  state  of 

THE  united  states  OF  AjMERICA  AND  THE  ENVOY  EXTRAORDINARY 
AND  MINISTER  PLENIPOTENTIARY  OF  THE  REPUBLIC  OF  GUATEMALA 
FOR  SUBMISSION  TO  AN  ARBITRATOR  OF  THE  CLAIM  OF  ROBERT  H.  MAY 
AGAINST  THE  REPUBLIC  OF  GUATEMALA  AND  OF  THE  CLAIM  OF  THE 
REPUBLIC  OF  GUATEMALA  AGAINST  SAID  MAY. 

The  United  States  of  America  and  the  Republic  of  Guatemala, 
through  their  representatives,  John  Hay,  Secretary  of  State  of  the 
United  States  of  America,  and  Antonio  Lazo  Arriaga,  Envoy  Ex- 
traordinary and  Minister  Plenipotentiary  of  the  Republic  of  Guate- 
mala, have  agreed  upon  and  signed  the  following  protocol. 

Whereas,  the  United  States  of  America,  on  behalf  of  Robert  H. 
May,  has  claimed  indemnity  from  the  Government  of  Guatemala  for 
a debt  alleged  to  be  due  him  from  that  Government  under  certain 
contracts  between  him  and  that  Government  in  connection  with  the 
Guatemala  Northern  Railroad  and  for  damages  alleged  to  have  been 
caused  him  by  that  Government,  its  civil  or  military  authorities  in 
connection  therewith;  and  the  Government  of  Guatemala  denies  any 
liability  therefor ; and 

Whereas,  the  Government  of  Guatemala  has  claimed  that  said 
May  is  indebted  to  it  both  on  account  of  said  contracts  and  of  dam- 
ages caused  by  his  alleged  unlawful  acts  or  those  of  his  agents  or 
employees  acting  by  his  authority ; and  said  May,  to  secure  his  faith- 
ful performance  of  said  contract,  has  delivered  to  said  Government 
a promissory  note,  signed  by  certain  third  parties  for  $40,120.79;. 
and  the  Government  of  the  United  States  denies  any  liability  on 
May’s  part  to  said  Government  of  Guatemala  on  account  of  said 
claims ; 


872 


TREATIES,  CONVENTIONS,  ETC. 


It  is  therefore  agreed  between  the  two  Governments,  with  the  con- 
sent of  said  May  and  of  his  attorney  of  record : 

I. 

That  the  questions  of  law  and  fact  brought  in  issue  between  the 
two  Governments  in  respect  of  their  claims  shall  be  referred  to  the 
decision  of  Mr.  George  Francis  Birt  Jenner  Her  Britannic  Majesty’s 
Minister  Resident  and  Consul  General  to  the  Republics  of  Guatemala, 
Honduras,  Nicaragua,  Costa-Rica  and  Salvador,  whose  award  shall 
be  final  and  conclusive. 


II. 

That  within  thirty  days  from  the  date  of  the  signing  of  this  pro- 
tocol, each  party  shall  furnish  to  the  other  and  to  the  arbitrator  a 
copy  of  the  memorial  on  which  its  own  claim  is  based;  and  within 
ninety  days  after  such  signing  each  Government  shall  furnish  to  the 
other  and  to  the  arbitrator  copies  of  all  the  documents,  papers,  ac- 
counts, official  correspondence  and  other  evidence  on  file  at  their 
respective  Foreign  Offices  relating  to  these  claims,  and  of  all  affida- 
vits of  their  respective  witnesses  relating  thereto:  Provided,  that 
said  arbitrator  may  request  either  Government  to  furnish  such  addi- 
tional proof  as  he  may  deem  necessary  in  the  interests  of  justice,  and 
each  Government  agrees  to  comply  with  said  request  as  far  as  pos- 
sible; but  he  shall  not  for  such  purpose  delay  his  decision. 

III. 

That  each  Government  by  its  counsel,  and  said  May  by  his  attor- 
ney, may  severally  submit  to  said  arbitrator  an  argument  in  writing 
touching  the  questions  involved  within  sixty  days  from  the  date  lim- 
ited for  the  submission  of  the  evidence;  but  the  arbitrator  shall  not 
for  such  purpose  nor  in  any  event  delay  his  decision  beyond  four 
months  from  the  date  of  the  submission  to  him  of  the  evidence 
aforesaid. 

IV. 

It  shall  be  the  duty  of  said  arbitrator  to  decide  both  cases  upon 
such  evidence  as  may  have  been  filed  before  him  and  solely  upon 
the  issues  of  law  and  fact  presented  by  the  claim  and  counter- 
claim and  upon  the  consideration  of  said  entire  controversy,  he  shall 
render  an  award  in  favor  of  the  party  entitled  thereto;  which  shall 
not  exceed  the  amount  claimed  by  said  party  as  shown  by  the  evi- 
dence, and  interest  thereon  from  the  time  said  sums  were  due  until 
the  date  of  the  award,  and  said  award  shall  bear  six  per  cent  inter- 
est from  said  date  until  paid. 

V. 

The  award  shall  be  payable  in  American  gold,  and  in  case  said 
award  shall  be  against  said  May,  said  Government  of  Guatemala  may 
retain  the  aforesaid  note  as  security  and  collect  it  for  the  paimient 
of  said  award,  which  said  May  agrees  to  pay  wdthin  six  months  from 


GUATEMALA — 1900. 


873 


the  date  of  the  award,  the  Government  of  the  United  States  being 
in  nowise  responsible  for  the  payment  thereof.  In  case  said  award 
shall  be  against  said  Government  of  Guatemala,  then  said  Govern- 
ment shall  surrender  to  May  said  note.  Said  Government  shall  pay 
the  indemnity  awarded  against  it  by  the  arbitrator,  if  any,  as  soon 
as  the  Legislative  Assembly  of  Guatemala  shall  authorize  the  pay- 
ment; but  the  time  thus  allowed  shall  in  no  case  exceed  six  months 
from  the  day  the  decision  is  rendered,  unless  an  extension  of  the  time 
of  its  payments  should  be  granted  by  the  Government  of  the  United 
States. 

VI. 

Reasonable  compensation  to  the  arbitrator  for  all  his  services  and 
expenses,  is  to  be  paid  in  equal  moieties  by  the  said  Governments. 

VII. 

This  protocol  shall  be  submitted  for  approval  and  ratification  on 
the  part  of  Guatemala,  to  its  Legislative  Assembly.  AVhen  so  ap- 
proved and  ratified  the  Government  of  Guatemala  will  promptly 
notify  the  Government  of  the  United  States  thereof.  Unless  so  ap- 
proved and  ratified  and  said  notice  given  by  April  1,  1900,  this  proto- 
col shall  be  deemed  null  and  void. 

Done  in  duplicate  in  English  and  Spanish  at  Washington  this 
23d  day  of  February,  1900. 

John  Hay 

Anto.  Lazo  Arriago. 


1900. 

Supplemental  Protocol  to  the  Agreement  or  February  23,  1900, 
Submitting  to  Arbitration  the  Claim  of  Robert  H.  May 
Against  Guatemala  and  the  Claim  of  Guatemala  Againt  Said 
May. 

Signed  at  W ashing  ton  May  10, 1900. 

SUPPLEMENTAL  PROTOCOL. 

Whereas,  a protocol  was  signed  at  Washington,  February  23,  1900, 
between  the  Secretary  of  State  of  the  United  States  and  the  Envoy 
Extraordinaiy  and  Minister  Plenipotentiary  of  the  Republic  of 
Guatemala  for  submission  to  an  arbitrator  of  certain  issues  involved 
in  the  claim  and  counterclaim  of  Robert  H.  May  and  Guatemala,  as 
specified  in  said  protocol;  and 

Whereas,  it  is  stipulated  in  Article  II  of  said  protocol  as  follows, 
to  wit: 

“ That  within  thirty  days  from  the  date  of  the  signing  of  this  pro- 
tocol, each  party  shall  furnish  to  the  other  and  to  the  arbitrator  a 
copy  of  the  memorial  on  which  its  own  claim  is  based;  and  within 
ninety  days  after  such  signing  each  Government  shall  furnish  to  the 
other  and  to  the  arbitrator  copies  of  all  the  documents,  papers,  ac- 
counts, official  correspondence  and  other  evidence  on  file  at  their 
respective  Foreign  Offices  relating  to  these  claims,  and  of  all  affidavits 
of  their  respective  witnesses  relating  thereto:  Provided,  that  said 
arbitrator  may  request  either  Government  to  furnish  such  additional 
proof  as  he  may  deem  necessary  in  the  interests  of  justice,  and  each 


874 


TREATIES,  CONVENTIONS,  ETC. 


Government  agrees  to  comply  with  said  request  as  far  as  possible; 
but  he  shall  not  for  such  purpose  delay  his  decision  ” ; and 

Whereas,  it  is  stipulated  by  Article  III,  of  said  protocol  as  follows, 
to  wit: 

“ That  each  Government  by  its  counsel,  and  said  May  by  his  attor- 
ney, may  severally  submit  to  said  arbitrator  an  argument  in  writing 
touching  the  questions  involved  within  sixty  days  from  the  date  lim- 
ited for  the  submission  of  the  evidence;  but  the  arbitrator  shall  not 
for  such  purpose  nor  in  any  event  delay  his  decision  beyond  four 
months  from  the  date  of  the  submission  to  him  of  the  evidence  afore- 
said ” ; 

Whereas,  it  is  stipulated  by  Article  IV  of  said  protocol,  as  follows, 
to  wit: 

‘‘  It  shall  be  the  duty  of  said  arbitrator  to  decide  both  cases  upon 
such  evidence  as  may  have  been  filed  before  him  and  solely  upon  the 
issues  of  law  and  fact  presented  by  claim  and  counterclaim  and  upon 
the  consideration  of  said  entire  controversy,  he  shall  render  an  award 
in  favor  of  the  party  entitled  thereto;  which  shall  not  exceed  the 
amount  claimed  by  said  party  as  shown  by  the  evidence,  and  interest 
thereon  from  the  time  said  sums  were  due  until  the  date  of  the  award, 
and  said  award  shall  bear  six  per  cent,  interest  from  said  date  until 
paid.” 

It  is  agreed  between  the  two  Governments  that  said  Article  II  be, 
and  the  same  is  hereby,  amended  to  read  as  follows,  to  wit: — 

“ That  within  ninety  da5^s  from  the  date  of  the  signing  of  the 
original  protocol  each  party  shall  have  furnished  to  the  arbitrator 
and  to  the  other  a copy  of  the  memorial  on  which  its  own  claim  is 
based;  and  within  one  hundred  and  fifty  days  after  such  signing 
each  Government  shall  furnish  to  the  arbitrator  and  to  the  other 
copies  of  all  the  documents,  papers,  accounts,  official  correspondence 
and  other  evidence  on  file  at  their  respective  Foreign  offices  relating 
to  these  claims,  and  of  all  affidavits  of  their  respective  witnesses  re- 
lating thereto:  Provided,  that  said  arbitrator  may  request  either 
Government  to  furnish  such  additional  proof  as  he  may  deem  neces- 
sary in  the  interests  of  justice,  and  each  Government  agrees  to  com- 
ply with  said  request  as  far  as  possible.” 

It  is  agreed  that  said  Article  III,  be,  and  it  is  hereby,  amended  to 
read  as  follows,  to  wit: 

“ That  each  Government  by  its  counsel,  and  said  May  by  his  attor- 
ney, may  severally  submit  to  said  arbitrator  an  argument  in  writing 
touching  the  questions  involved  within  ninety  days  from  the  date 
limited  for  the  submission  of  the  evidence;  but  the  arbitrator  shall 
not  for  such  purpose  nor  in  any  event  delay  his  decision  beyond  six 
months  from  the  date  of  the  submission  to  him  of  the  evidence  afore- 
said.” 

It  is  agreed  that  said  Article  IV  be,  and  it  is  hereby  amended  to 
read  as  follows: 

“ It  shall  be  the  duty  of  said  arbitrator  to  decide  both  cases  upon 
such  evidence  as  may  have  been  filed  before  him  and  solely  upon  the 
issues  of  law  and  fact  presented  by  the  claim  and  counterclaim  and 
upon  the  consideration  of  said  entire  controversy,  he  shall  render  an 
award  in  favor  of  the  party  entitled  thereto;  which  shall  not  exceed 
the  amount  claimed  by  said  party  and  interest  at  the  rate  of  six  per 
cent,  per  annum  thereon  from  the  time  said  sums  were  due  until  the 


GUATEMALA — 1900-1901. 


875 


date  of  the  award,  and  said  award  shall  bear  six  per  cent  interest 
per  annum  from  said  date  until  paid.” 

Done  in  duplicate  in  English  and  Spanish  at  Washington  this 
10th  day  of  May,  1900. 

John  Hay. 

Anto  Lazo  Arriaga. 


award. 

On  the  16th  of  November  1900  the  arbitrator  appointed  pursuant 
to  the  foregoing  protocols  rendered  his  award,  awarding  a total  sum 
of  $143,750.73  gold  in  favor  of  the  claimant. 


1901. 

Trade-Mark  Convention. 

Concluded  April  15, 1901 ; ratification  adoised  l>y  Senate  January  27, 

1902;  ratified  5y  President  February  1, 1902;  ratifications  exchanged 

April  3, 1902;  proclaimed  April  11, 1902. 

Articles. 

I.  Reciprocal  rights.  I III.  Duration. 

II.  Formalities.  | IV.  Ratification. 

With  a view  to  secure  for  the  manufacturers  of  the  United  States 
of  America,  and  those  in  the  Republic  of  Guatemala,  the  reciprocal 
protection  of  their  Trade-Marks  and  Trade-Labels,  the  Undersigned, 
duly  authorized  to  that  effect,  have  agreed  on  the  following 
dispositions : 

Article  I. 

The  citizens  of  each  of  the  High  Contracting  Parties  shall  in  the 
Dominions  and  Possessions  of  the  other  have  the  same  rights  as  be- 
long to  native  citizens,  in  everything  relating  to  Trade-Marks  and 
Trade-Labels  of  every  kind. 

Provided,  always,  that  in  the  United  States  the  citizens  of  Guate- 
mala, and  in  Guatemala,  the  citizens  of  the  United  States  of  America, 
cannot  enjoy  these  rights  to  a greater  extent  or  for  a longer  period  of 
time  than  in  their  native  country. 

Article  II. 

Any  person  in  either  country  desiring  protection  of  his  Trade-Mark 
in  the  Dominions  of  the  other  must  fulfil  the  formalities  required  by 
the  law  of  the  latter;  but  no  person,  being  a citizen  of  one  of  the  con- 
tracting States,  shall  be  entitled  to  claim  protection  in  the  other  by 
vii'tue  of  the  provisions  of  this  convention,  unless  he  shall  have  first 
secured  protection  in  his  own  country  in  accordance  with  the  laws 
thereof. 


876 


TEEATIES,  CONVENTIONS,  ETC. 
Article  III. 


This  arrangement  shall  go  into  effect  immediately  on  or  after  the 
exchange  of  the  ratifications  and  shall  be  in  force  until  a year  after  it 
has  been  recalled  by  one  or  the  other  of  the  two  High  Parties. 

Article  IV. 

The  present  convention  shall  be  ratified  by  the  President  of  the 
United  States  by  and  with  the  consent  of  the  Senate  thereof  and  by 
the  President  of  the  Republic  of  Guatemala,  and  the  ratifications  shall 
be  exchanged  at  Guatemala  as  soon  as  may  be  within  twelve  months 
from  the  date  hereof. 

In  witness  whereof  the  Undersigned  have  signed  the  present  con- 
vention and  have  affixed  thereto  the  seal  of  their  arms,  in  Guatemala 
the  fifteenth  day  of  April  of  one  thousand  nine  hundred  and  one. 

W.  Godfrey  Hunter  [seal.] 
Juan  Barrios  M.  [seal.] 


1901. 

Convention  Relating  to  Tenure  and  Disposition  of  Real  and 

Personal  Property. 

Concluded  August  27^  1901;  ratification  advised  hy  Senate  January 
30,  1902;  ratified  hy  President  February  6,  1902;  ratifications  ex- 
changed September  16, 1902;  proclaimed  September  18,  1902. 

Articles. 

I.  Disposition  of  real  property.  IV.  Duration. 

II.  Disposition  of  personal  property.  V.  Ratification. 

III.  Notice  of  decease  of  citizens,  etc. 

The  United  States  of  America  and  the  Republic  of  Guatemala, 
desiring  to  improve  the  condition  of  the  citizens  of  each  of  the  re- 
spective countries  in  relation  to  the  tenure  and  disposition  of  real  and 
personal  property  situated  or  being  within  the  territories  of  the  other, 
as  well  as  to  authorize  the  representation  of  deceased  persons  by  the 
Consuls  of  their  respective  nations  in  the  settlement  of  estates,  have 
resolved  to  conclude  a convention  for  those  purposes  and  have  named 
as  their  Plenipotentiaries : 

The  President  of  the  United  States  of  America  the  Honorable  W. 
Godfrey  Hunter,  Envoy  Extraordinary  and  Minister  Plenipotentiary 
of  the  United  States  of  America  in  Guatemala ; and 
The  President  of  Guatemala  the  Licentiate  Juan  Barrios  M.,  Secre- 
tary of  State  in  the  Department  of  Foreign  Affairs, 

Mfiio  having  exchanged  their  said  full  powers,  found  in  due  and 
proper  form  have  agreed  to  and  signed  the  following  articles : 

Article  I. 

VTiere  on  the  death  of  any  person  holding  real  property  (or  prop- 
erty not  personal),  within  the  territories  of  one  of  the  Contracting 
Parties,  such  real  property  would,  by  the  laws  of  the  land,  pass  to 


GUATEMALA — ^1901. 


a citizen  of  the  other,  were  he  not  disqualified  by  the  laws  of  the 
country  where  such  real  property  is  situated,  such  citizen  shall  be 
allowed  a term  of  three  years,  in  which  to  sell  the  same,  this  term  to 
be  reasonably  prolonged  if  circumstances  render  it  necessary,  and  to 
withdraw  the  proceeds  thereof,  without  restraint  or  interference,  and 
exempt  from  any  succession  probate  or  administrative  duties  or 
charges  other  than  those  which  may  be  imposed  in  like  cases  upon  the 
citizens  of  the  country  from  which  such  proceeds  may  be  drawn. 

Article  II. 

The  citizens  of  each  of  the  Contracting  Parties  shall  have  full 
power  to  dispose  of  their  personal  property  within  the  territories  of 
the  other,  by  testament,  donation,  or  otherwise;  and  their  heirs, 
legatees,  and  donees,  being  citizens  of  the  other  Contracting  Party, 
whether  resident  or  non-resident,  shall  succeed  to  their  said  personal 
property,  and  may  take  possession  thereof  either  by  themselves  or  by 
others  acting  for  them,  and  dispose  of  the  same  at  their  pleasure, 
paying  such  duties  only  as  the  citizens  of  the  country  where  the  prop- 
erty lies  shall  be  liable  to  pay  in  like  cases. 

Article  III. 

In  case  of  the  death  of  any  citizen  of  the  United  States  of  America 
in  Guatemala,  or  of  any  citizen  of  Guatemala  in  the  United  States, 
without  having  in  the  country  of  his  decease  any  known  heirs  or  tes- 
tamentary executors  by  him  appointed,  the  competent  local  authori- 
ties shall  at  once  inform  the  nearest  consular  officer  of  the  Nation  to 
which  the  deceased  person  belonged  of  the  circumstance  in  order  that 
the  necessary  information  may  be  immediately  forwarded  to  persons 
interested. 

The  said  consular  officer  shall  have  the  right  to  appear  personally 
or  by  delegate  in  all  proceedings  on  behalf  of  the  absent  heirs  or 
creditors,  until  they  are  otherwise  represented. 

Article  IV. 

The  present  Convention  shall  come  into  effect  ten  days  after  the 
day  upon  which  the  ratifications  are  exchanged,  and  shall  remain  in 
force  for  ten  years  after  such  exchange.  In  case  neither  of  the  Con- 
tracting Parties  shall  have  given  notice  to  the  other,  twelve  months 
before  the  expiration  of  the  said  period  of  ten  years,  of  the  intention 
to  terminate  the  present  Convention,  it  shall  remain  in  force  until  the 
expiration  of  one  year  from  the  day  on  which  either  of  the  High 
Contracting  Parties  shall  have  given  such  notice. 

Article  V. 

The  present  convention  shall  be  duly  ratified  by  the  President  of 
the  United  States,  by  and  with  the  approval  of  the  Senate  thereof, 
and  by  the  President  of  Guatemala,  by  and  with  the  approval  of  the 
National  Legislative  Assembly  thereof,  and  the  ratifications  shall  be 
exchanged  in  Washington  or  in  Guatemala, 


878 


TREATIES,  CONVENTIONS,  ETC. 


In  faith  whereof,  we,  the  respective  plenipotentiaries,  have  signed 
this  Treaty  and  have  hereunto  afllxed  our  seals. 

Done  in  duplicate  at  Guatemala,  this  twenty-seventh  day  of 
August,  one  thousand  nine  hundred  and  one. 

W.  Godfrey  Hunter  [seal.] 
Juan  Barrios  M.  [seal.] 


1903. 

Extradition  Treaty. 


Concluded  February  1^7, 1903;  ratification  advised  by  Senate  March 
11^1903;  ratifed  by  President  July  Si,  1903;  ratif  cations  exchunged 
July  16^  1903;  'proclaimed  July  17 i,  1903. 

Articles. 


I.  Delivery  of  accused. 

II.  Extraditable  offenses. 

III.  Offense  for  which  tried. 

IV.  Political  offenses. 

V.  Nondelivery  of  citizens. 

VI.  Deferring  extradition. 

VII.  Persons  claimed  by  other  coun- 
tries. 


VIII.  Limitations. 

IX.  Provisional  arrest. 

X.  Procedure. 

XI.  Expenses. 

XII.  Property  in  possession  of  accused. 

XIII.  Crimes  by  citizens  of  one  against 

other  contracting  power. 

XIV.  Duration;  ratification. 


The  United  States  of  America  and  the  Republic  of  Guatemala, 
being  desirous  to  confirm  their  friendly  relations  and  to  promote  the 
cause  of  justice,  have  resolved  to  conclude  a treaty  for  the  extradition 
of  fugitives  from  justice  between  the  United  States  of  America  and 
the  Republic  of  Guatemala,  and  have  appointed  for  that  purpose  the 
following  Plenipotentiaries : 

The  President  of  the  United  States  of  America,  John  Hay,  Secre- 
tary of  State  of  the  United  States,  and 

The  President  of  Guatemala,  Sehor  Don  Antonio  Lazo  Arriaga, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  Guatemala  to 
the  United  States : 

WHO,  after  having  communicated  to  each  other  their  respective 
full  powers,  found  in  good  and  due  form,  have  agreed  upon  and  con- 
cluded the  following  articles: 

Article  I. 


The  Government  of  the  United  States  and  the  Government  of  Gua- 
temala mutually  agree  to  deliver  up  persons  who,  having  been  charged, 
as  principals  or  accessories,  with  or  convicted  of  any  of  the  crimes  and 
offenses  s]iecified  in  the  following  article  committed  within  the  juris- 
diction of  one  of  the  contracting  parties,  shall  seek  an  asylum  or  be 
found  within  the  territories  of  the  other:  Provided,  that  this  shall 
only  be  done  upon  such  evidence  of  criminality  as,  according  to  the 
laws  of  the  place  where  the  fugitive  or  persons  so  charged  shall  be 
found,  would  justify  his  or  her  apprehension  and  commitment  for 
trial  if  the  crime  had  been  there  committed. 


GUATEMALA 1903. 


879 


Akttcle  II. 

Persons  shall  be  delivered  up,  according  to  the  provisions  of  this 
convention,  who  shall  have  been  charged  with,  or  convicted  of,  any  of 
the  following  crimes  or  offences : 

1.  Murder,  comprehending  the  crimes  known  as  parricide,  assassi- 
nation, poisoning,  and  infanticide;  assault  with  intent  to  commit 
murder;  manslaughter,  when  voluntary. 

2.  Mayhem  and  any  other  wilful  mutilation  causing  disability  or 
death. 

3.  The  malicious  and  unlawful  destruction  or  attempted  destruction 
of  railways,  trains,  bridges,  vehicles,  vessels,  and  other  means  of 
travel,  or  of  public  edifices  and  private  dwellings,  when  the  act  com- 
mitted shall  endanger  human  life. 

4.  Rape. 

5.  Bigamy. 

6.  Arzon. 

7.  Crimes  committed  at  sea : 

(a)  Piracy,  by  statute  or  by  the  law  of  nations. 

(b)  Wrongfully  sinking  or  destroying  a vessel  at  sea,  or  at- 

tempting to  do  so. 

(c)  Revolt,  or  conspiracy  to  revolt,  by  two  or  more  persons  on 

board  a ship  on  the  high  seas  against  the  authority  of 

the  master. 

(d)  Assaults  on  board  a ship  on  the  high  seas  with  intent  to 

do  grievous  bodily  harm. 

8.  Burglary,  defined  to  be  the  act  of  breaking  and  entering  into  the 
house  of  another  in  the  nighttime,  with  intent  to  commit  a felony 
therein. 

9.  The  act  of  breaking  into  and  entering  public  offices,  or  the  offices 
of  banks,  banking  houses,  savings  banks,  trust  companies,  or  insur- 
ance companies,  with  intent  to  commit  theft  therein,  and  also  the 
thefts  resulting  from  such  acts. 

10.  Robbery,  defined  to  be  the  felonious  and  forcible  taking  from 
the  person  of  another  of  goods  or  money,  by  violence  or  by  putting 
the  person  in  fear. 

11.  Forgery,  or  the  utterance  of  forged  papers. 

12.  The  forgery,  or  falsification  of  the  official  acts  of  the  Govern- 
ment or  public  authority,  including  courts  of  justice,  or  the  utterance 
or  fraudulent  use  of  any  of  the  same. 

13.  The  fabrication  of  counterfeit  money,  whether  coin  or  paper, 
counterfeit  titles  or  coupons  of  public  debt,  bank  notes,  or  other  in- 
struments of  public  credit : of  counterfeit  seals,  stamps,  dies,  and 
marks  of  State  or  public  administration,  and  the  utterance,  circula- 
tion, or  fraudulent  use  of  any  of  the  above  mentioned  objects. 

14.  The  introduction  of  instruments  for  the  fabrication  of  counter- 
feit coin  or  bank  notes  or  any  other  paper  current  as  money. 

15.  Embezzlement  or  criminal  malversation  of  public  funds  com- 
mitted within  the  jurisdiction  of  either  party  by  public  officers  or  de- 
positaries, where  the  amount  of  money  embezzled  is  not  less  than  two 
hundred  dollars. 

16.  Embezzlement  of  funds  of  a bank  of  deposit  or  savings  bank, 
or  trust  company  chartered  under  Federal  or  State  laws,  where  the 
amount  of  money  embezzled  is  not  less  than  two  hundred  dollars. 


880 


TKEATIES,  CONVEimONS,  ETC. 


17.  Embezzlement  by  any  person  or  persons  hired  or  salaried  to  the 
detriment  of  their  employers,  when  the  crime  is  subject  to  punishment 
by  the  laws  of  the  place  where  it  was  committed,  and  where  the 
amount  of  money  or  the  value  of  the  propert}’^  embezzled  is  not  less 
than  two  hundred  dollars. 

18.  Kidnapping  of  minors  or  adults,  defined  to  be  the  abduction  or 
detention  of  a person  or  persons  in  order  to  exact  money  from  them 
or  their  families,  or  for  any  unlawful  end. 

19.  Obtaining  by  threats  of  injury,  or  by  false  devices,  money,  val- 
uables or  other  personal  property,  and  the  receiving  of  the  same  with 
the  knowledge  that  they  have  been  so  obtained,  when  such  crimes  or 
offenses  are  punishable  by  imprisonment  or  other  corporal  punish- 
ment by  the  laws  of  both  countries,  and  the  amount  of  mone}^  or  the 
value  of  the  property  so  obtained  is  not  less  than  $200.00. 

20.  Larceny,  defined  to  (be)  the  theft  of  effects,  pei’sonal  property, 
horses,  cattle,  or  live  stock,  or  money,  of  the  value  of  twenty-five  dol- 
lars or  more,  or  receiving  stolen  property,  of  that  value,  knowing  it 
to  be  stolen. 

21.  Fraud  or  breach  of  trust  by  a bailee,  banker,  agent,  factor, 
trustee,  or  other  person  acting  in  a fiduciary  capacity,  or  director  or 
member  or  officer  of  any  company,  when  such  act  is  made  criminal  by 
the  laws  of  both  countries  and  the  amount  of  money  or  the  value  of 
the  property  misappropriated  is  not  less  than  two  hundred  dollars. 

22.  Perjury;  violation  of  an  affirmation  or  a promise  to  state  the 
truth,  when  required  by  law ; subornation  to  commit  said  crimes. 

23.  Extradition  shall  also  be  granted  for  the  attempt  to  commit 
any  of  the  crimes  and  offenses  above  enumerated,  when  such  attempt 
is  punishable  as  a felony  by  the  laws  of  both  contracting  parties. 

Article  III. 

A person  surrendered  under  this  convention  shall  not  be  tried  or 
punished  in  the  country  to  which  his  extradition  has  been  granted, 
nor  giyen  up  to  a third  power  for  a crime  or  offense,  not  provided  for 
by  the  present  convention  and  committed  previously  to  his  extradi- 
tion, until  he  shall  have  been  allowed  one  month  to  leave  the  country 
after  having  been  discharged;  and.  if  he  shall  have  been  tried  and 
condemned  to  punishment,  he  shall  be  allowed  one  month  after  having 
suffered  his  penalty  or  having  been  pardoned.  He  shall  moreover  not 
be  tried  or  punished  for  any  crime  or  offense  provided  for  by  this 
convention  committed  previous  to  his  extradition,  other  than  that 
which  gave  rise  to  the  extradition,  without  the  consent  of  the  Govern- 
ment which  surrendered  him,  Avhich  may,  if  it  think  proper,  require 
the  production  of  one  of  the  documents  mentioned  in  Article  XI  of 
this  convention. 

The  consent  of  that  Government  shall  likewise  be  required  for  the 
extradition  of  the  accused  to  a third  country;  nevertheless,  such  con- 
sent shall  not  be  necessary  when  the  accused  shall  have  asked  of  his 
own  accord  to  be  tried  or  to  undergo  his  punishment,  or  when  he  shall 
not  have  left  within  the  space  of  time  above  specified  the  territory  of 
the  country  to  which  he  has  been  surrendered. 


GUATEMALA ^1903. 


881 


Article  IV. 

The  provisions  of  this  conA^ention  shall  not  be  applicable  to  per- 
sons guilty  of  any  political  crime  or  offense  or  of  one  connected  Avith 
such  a crime  or  offense.  A person  AA'^ho  has  been  surrendered  on  ac- 
count of  one  of  the  common  crimes  or  offenses  mentioned  in  Article  II 
shall  consequently  in  no  case  be  prosecuted  and  punished  in  the  State, 
to  which  his  extradition  has  been  granted  on  account  of  a political 
crime  or  offense  committed  by  him  previously  to  his  extradition,  or 
on  account  of  an  act  connected  with  such  a political  crime  or  offense, 
unless  he  has  been  at  liberty  to  leaA’'e  the  country  for  one  month  after 
having  been  tried  and,  in  case  of  condemnation,  for  one  month  after 
having  suffered  his  punishment  or  having  been  pardoned. 

An  attempt  against  the  life  of  the  head  of  a foreign  government  or 
against  that  of  any  member  of  his  family,  when  such  attempt  com- 
prises the  act  either  of  murder  or  assassination,  or  of  poisoning,  shall 
not  be  considered  a political  offense  or  an  act  connected  with  such  an 
offense. 

Article  V. 

Neither  of  the  contracting  parties  shall  be  bound  to  deliver  up  its 
own  citizens  under  the  stipulations  of  this  convention,  but  the  exec- 
utive authority  of  each  shall  have  the  power  to  deliver  them  up,  if,  in 
its  discretion,  it  be  deemed  proper  to  do  so. 

Article  VI. 

If  the  person  whose  surrender  may  be  claimed,  pursuant  to  the  stip- 
ulations of  the  present  convention,  shall  have  been  accused  or  arrested 
for  the  commission  of  any  offense  in  the  country  where  he  or  she  has 
sought  asylum,  or  shall  have  been  convicted  thereof,  his  or  her  extra- 
dition may  be  deferred  until  he  or  she  is  entitled  to  be  liberated  on 
account  of  the  offense  charged,  for  any  of  the  following  reasons: 
acquittal;  expiration  of  term  of  imprisonment;  expiration  of  the 
period  to  which  the  sentence  may  have  been  commuted,  or  pardon. 

Article  VII. 

If  a fugitive  criminal  claimed  by  one  of  the  parties  hereto  shall  be 
also  claimed  by  one  or  more  powers,  pursuant  to  treaty  provisions  on 
account  of  crimes  or  offenses  committed  within  their  jurisdiction,  such 
criminal  shall  be  delivered  up  in  preference  in  accordance  with  that 
demand  which  is  the  earliest  in  date,  unless  the  State  from  which 
extradition  is  sought  is  bound  to  give  preference  otherwise. 

Article  VIII. 

Extradition  shall  not  be  granted,  in  pursuance  of  the  provisions  of 
this  convention,  if  legal  proceedings  or  the  enforcement  of  the  penalty 
for  the  act  committed  by  the  person  claimed  has  become  barred  by 
limitation,  according  to  the  laws  of  the  country  to  which  the  requisi- 
tion is  addressed. 

24449 — VOL  1 — 10 56 


882 


TREATIES,  CONVENTIONS,  ETC. 

Article:  IX. 


On  being  informed  by  telegraph  or  otherwise,  through  the  diplo- 
matic channel,  that  a warrant  has  been  issued  by  competent  authority 
for  the  arrest  of  a fugitive  criminal  charged  with  any  of  the  crimes 
enumerated  in  the  foregoing  articles  of  this  treaty,  and  on  being 
assured  from  the  same  source  that  a requisition  for  the  surrender  of 
such  criminal  is  about  to  be  made,  accompanied  by  such  warrant  and 
duly  authenticated  depositions  or  copies  thereof  in  support  of  the 
charge,  each  government  shall  endeavor  to  procure  the  provisional 
arrest  of  such  criminal  and  to  keep  him  in  safe  custody  for  such  time 
as  may  be  practicable,  not  exceeding  forty  days,  to  await  the  produc- 
tion of  the  documents  upon  which  the  claim  for  extradition  is 
founded. 

Article  X. 

Requisitions  for  the  surrender  of  fugitives  from  justice  shall  be 
made  by  the  respective  diplomatic  agents  of  the  contracting  parties, 
or,  in  the  event  of  the  absence  of  these  from  the  country  or  its  seat  of 
government,  they  may  be  made  by  superior  consular  officers. 

If  the  person  whose  extradition  may  be  asked  for  shall  have  been 
convicted  of  a crime  or  offense,  a copy  of  the  sentence  of  the  court  in 
which  he  has  been  convicted,  authenticated  under  its  seal,  with  attes- 
tation of  the  official  character  of  the  judge,  by  the  proper  executive 
authority,  and  of  the  latter  by  the  minister  or  consul  of  the  United 
States  or  of  Guatemala,  respectively,  shall  accompany  the  requisition. 
When,  however,  the  fugitive  shall  have  been  merely  charged  with 
crime,  a duly  authenticated  copy  of  the  warrant  of  arrest  in  the  coun- 
try where  the  crime  has  been  committed,  and  of  the  depositions  upon 
which  such  warrant  has  been  issued,  must  accompany  the  requisition 
as  aforesaid. 

Article  XI. 

The  expenses  of  the  arrest,  detention,  examination  and  delivery  of 
fugitives  under  this  convention  shall  be  borne  by  the  State  in  whose 
name  the  extradition  is  sought;  Provided,  that  the  demanding  gov- 
ernment shall  not  be  compelled  to  bear  any  expenses  for  the  services 
of  such  officers  of  the  government  from  which  extradition  is  sought  as 
receive  a fixed  salary;  and  provided  that  the  charge  for  the  services 
of  such  public  officials  as  receive  only  fees  shall  not  exceed  the  fees  to 
which  such  officials  are  entitled  under  the  laws  of  the  country  for 
services  rendered  in  ordinary  criminal  proceedings. 

Article  XII. 

All  articles  found  in  the  possession  of  the  accused  party  and  ob- 
tained through  the  commission  of  the  act  with  which  he  is  charged, 
and  that  may  be  used  as  evidence  of  the  crime  for  which  his  extradi- 
tion is  demanded,  shall  be  seized  if  the  competent  authority  shall  so 
order  and  shall  be  surrendered  with  his  person. 

The  rights  of  third  parties  to  the  articles  so  found  shall  neverthe- 
less be  respected. 


GUATEMALA — ^1903--1906. 


883 


Article  XIII. 

Each  of  the  contracting  parties  shall  exercise  due  diligence  in  pro- 
curing the  extradition  and  prosecution  of  its  citizens  who  may  be 
charged  with  the  commission  of  any  of  the  crimes  or  offenses  men- 
tioned in  Article  II,  exclusively  committed  in  its  territory  against  the 
government  or  any  of  the  citizens  of  the  other  contracting  party,  when 
the  person  accused  may  have  taken  refuge  or  be  found  within  the  ter- 
ritory of  the  latter,  provided  the  said  crime  or  offense  is  one  that  is 
punishable,  as  such,  in  the  territory  of  the  demanding  country. 

Article  XIV. 

The  present  convention  shall  take  effect  thirty  days  after  the  ex- 
change of  ratifications,  when  the  convention  of  October  11, 1870,®  and 
the  additional  article  of  October  22,  1887,“  shall  cease  to  be  in  force 
and  shall  be  superseded  by  the  present  convention  which  shall  con- 
tinue to  have  binding  force  for  six  months  after  a desire  for  its 
termination  shall  have  been  expressed  in  due  form  by  one  of  the  two 
governments  to  the  other. 

It  shall  be  ratified  and  its  ratifications  shall  be  exchanged  at  Wash- 
ington as  soon  as  possible. 

In  witness  whereof,  the  respective  plenipotentiaries  have  signed  the 
above  articles  both  in  the  English  and  Spanish  languages,  and  have 
hereunto  affixed  their  seals. 

Done,  in  duplicate,  at  the  City  of  Washington,  this  27th  day  of 
February  one  thousand  nine  hundred  and  three. 

John  Hay  [seal.] 

Ant  Lazo  Arriaga  [seal.] 


1906. 

Patent  Convention. 

Signed  Novemher  10.^  1906;  ratif cation  advised  hy  the  Senate  De- 
cember 13^  1906;  ratijied  by  the  President  March  6, 1907;  ratifica- 
tions exchanged  June  18^  1907 ; proclaimed  July  9, 1907. 

Aeticles. 

I.  Reciprocal  rights.  I III.  Effect;  duration. 

II.  Reciprocal  compliance  with  laws.  I 

CONVENTION  BETWEEN  THE  UNITED  STATES  AND  GUATEMALA  FOR  THE 
RECIPROCAL  PROTECTION  OF  PATENTS. 

The  United  States  of  America  and  the  Republic  of  Guatemala, 
desiring  to  secure  for  their  respective  citizens  the  reciprocal  protec- 
tion of  their  patents,  have  for  that  purpose  resolved  to  conclude  a 


“These  treaties  were  not  perfected  by  exchange  of  ratifications  and  were 
never  proclaimed  by  the  President. 


884 


TBEATIES,  CONVENTIONS,  ETC. 


Convention  and  to  that  end  have  appointed  as  their  Plenipotenti- 
aries, to-wit: 

The  President  of  the  United  States  of  America,  Mr.  Philip  M. 
Brown,  Charge  d’Affaires  ad  interim  of  the  United  States  to  Guate- 
mala, and. 

The  President  of  Guatemala  Mr.  John  Barrios  M.  Minister  for 
Foreign  Affairs; 

Who,  after  exhibiting  to  each  other  their  full  powers,  found  in 
good  and  due  form,  have  agreed  upon  the  following  articles: 

Article  I. 

Citizens  of  each  of  the  High  Contracting  Parties,  shall  in  the  ter- 
ritory of  the  other,  enjoy  the  same  rights  as  are  enjoyed  by  native 
citizens  in  all  matters  pertaining  to  the  protection  of  inventions  by 
letters  patent. 

Article  II. 

In  order  to  enjoy  the  protection  of  their  inventions,  the  citizens  of 
each  country  must  fulfill  the  formalities  required  by  the  laws  of  the 
country  in  which  the  protection  is  asked. 

Article  III. 

This  Convention  shall  take  effect  upon  its  promulgation  in  both 
countries  and  shall  remain  in  force  until  the  expiration  of  one  year 
after  either  of  the  high  Contracting  Parties  shall  have  given  notice 
to  the  other  of  its  wish  to  terminate  the  same. 

The  ratifications  of  this  Convention  shall  be  exchanged  at  Guate- 
mala city  as  soon  as  possible  within  one  year  from  the  date  thereof. 

In  witness  whereof  we,  the  respective  Plenipotentiaries  have  signed 
the  present  Convention  this  tenth  day  of  November  nineteen  hun- 
dred and  six,  and  have  hereunto  affixed  our  seals. 

[seal.] 

[seal.] 


Philip  M Brown 
Juan  Barrios  M. 


HAITI 


Noi’e. — See  Hayti,  page  921. 


HANOVER. 


(Hanover  was  conquered  and  merged  into  Prussia  in  1866  and  is  now  In- 
cluded in  the  German  Empire.) 


1840.“ 


Treaty  of  Commerce  and  Navigation. 


Concluded  May  20,  ratification  advised  hy  the  Senate  July  15, 
ISIfi;  ratified  hy  the  President  June  28,  ISlfi;  ratifications  ex- 
changed November  lit.,  ISlfi;  'proclaimed  January  2, 

Articles. 


I.  Commerce  and  navigation. 
II.  Discrimination  in  duties. 

III.  Discrimination  in  duties. 

IV.  Coasting  trade. 

V.  Nationality  of  vessels. 


VI.  Consuls. 

VII.  Reciprocal  privileges  of  citizens. 

VIII.  Shipwrecks;  salvage. 

IX.  Duration. 

X.  Ratification. 


The  United  States  of  America  and  His  Majesty  the  King  of  Han- 
over, equally  animated  by  the  desire  of  extending  as  far  as  possible 
the  commercial  relations  between,  and  the  exchange  of  the  produc- 
tions of  their  respective  States,  have  agreed,  with  this  view,  to  con- 
clude a treaty  of  commerce  and  navigation. 

For  this  purpose,  the  President  of  the  United  States  of  America 
has  furnished  with  full  powers  Henry  Wheaton,  their  Envoy  Ex- 
traordinary and  Minister  Plenipotentiary  near  His  Majesty  the  King 
of  Prussia ; and  His  Majesty  the  King  of  Hanover  has  furnished  with 
the  like  full  powers  Le  Sieur  Auguste  de  Berger,  his  Envoy  Extraor- 
dinary and  Minister  Plenipotentiary  near  His  Majesty  the  King  of 
Prussia,  Lieutenant  General,  Knight  Grand  Cross  of  the  Order  of 
Guelph,  the  Red  Eagle  of  Prussia,  the  Order  of  Merit  of  Olden- 
burg, &c. ; 

Who,  after  exchanging  their  said  full  powers,  found  in  good  and 
due  form,  have  concluded  and  signed,  subject  to  ratification,  the  fol- 
lowing articles: 

Article  I. 

There  shall  be  between  the  territories  of  the  high  contracting  parties 
a reciprocal  liberty  of  commerce  and  navigation. 


“ This  treaty  was  superseded  by  the  treaty  of  1846. 


886 


886 


TREATIES,  CONVENTIONS,  ETC. 


The  inhabitants  of  their  respective  States  shall  mutually  have 
liberty  to  enter,  with  or  without  their  ships  and  cargoes,  the  ports, 
places,  waters,  and  rivers  of  the  territories  of  each  party  wherever 
foreign  commerce  is  permitted. 

They  shall  be  permitted  to  sojourn  and  reside  in  all  parts  whatsoever 
of  said  territories,  in  order  to  attend  to  their  affairs,  and  also  to  hire  and 
occupy  houses  and  warehouses  for  the  purposes  of  their  commerce, 
provided  they  submit  to  the  laws,  as  well  general  as  special,  relative 
to  the  right  of  residing  and  trading. 

Whilst  they  conform  to  the  laws  and  regulations  in  force,  they  shall 
be  at  liberty  to  manage  themselves  their  own  business,  in  all  the  terri- 
tories subject  to  the  jurisdiction  of  each  party,  in  respect  to  the  con- 
signment and  sale  of  their  goods,  by  wholesale  or  retail,  as  with 
respect  to  the  loading,  unloading,  and  sending  off  their  ships,  or  to 
employ  such  agents  and  brokers  as  they  may  deem  proper,  they  being, 
in  all  these  cases,  to  be  treated  as  the  citizens  or  subjects  of  the  country 
in  which  they  reside,  it  being  nevertheless  understood  that  they  shall 
remain  subject  to  the  said  laws  and  regulations  also  in  respect  to  sales 
by  wholesale  or  retail. 

They  shall  have  free  access  to  the  tribunals  of  justice  in  their 
litigious  affairs  on  the  same  terms  which  are  granted  by  the  law  and 
usage  of  the  country  to  native  citizens  or  subjects,  for  which  purpose 
they  may  employ  in  defence  of  their  rights  such  advocates,  attorneys, 
and  other  agents  as  they  may  judge  proper. 

Article  II. 

No  higher  or  other  duties  shall  be  imposed  in  any  of  the  ports  of 
the  United  States  on  Hanoverian  vessels  than  those  payable  in  the 
same  ports  by  vessels  of  the  United  States;  nor  in  the  ports  of  the 
Kingdom  of  Hanover  on  the  vessels  of  the  United  States  than  shall 
be  payable  in  the  same  ports  on  Hanoverian  vessels. 

The  privileges  secured  by  the  present  article  to  the  vessels  of  the 
respective  high  contracting  parties  shall  only  extend  to  such  as  are 
built  within  their  respective  territories,  or  lawfully  condemned  as 
prize  of  war,  or  adjudged  to  be  forfeited  for  a breach  of  the  municipal 
laws  of  either  of  the  parties,  and  belonging  wholly  to  their  citizens  or 
subjects  respectively,  and  of  which  the  master,  officers,  and  two-thirds 
of  the  crew  shall  consist  of  the  citizens  or  subjects  of  the  countr}^  to 
which  the  vessel  belongs. 

The  same  duties  shall  be  paid  on  the  importation  into  the  ports  of 
the  United  States  of  any  articles  the  growth,  produce,  or  manufacture 
of  the  Kingdom  of  Hanover,  or  of  any  other  country  belonging  to 
the  Germanic  Confederation  and  the  Kingdom  of  Prussia,  from  what- 
soever ports  of  the  said  country  the  said  vessels  may  depart,  whether 
such  importation  shall  be  in  vessels  of  the  United  States  or  in  Han- 
overian vessels;  and  the  same  duties  shall  be  paid  on  the  importation 
into  the  ports  of  the  Kingdom  of  Hanover  of  any  articles  the  growth, 
produce,  or  manufacture  of  the  United  States  and  of  every  other 
country  of  the  continent  of  America  and  the  West  India  Islands,  from 
whatsoever  ports  of  the  said  countries  the  vessels  may  depart,  whether 
such  importation  shall  be  in  Hanoverian  vessels  or  the  vessels  of  the 
United  States. 


Hanover — 1840. 


887 


The  same  duties  shall  be  paid  and  the  same  bounties  allowed  on  the 
exportation  of  any  articles  the  growth,  produce,  or  manufacture  of 
the  Kingdom  of  Hanover,  or  of  any  other  country  belonging  to  the 
Germanic  Confederation  and  the  Kingdom  of  Prussia,  to  the  United 
States,  whether  such  exportation  shall  be  in  vessels  of  the  United 
States,  or  in  Hanoverian  vessels,  departing  from  the  ports  of  Han- 
over ; and  the  same  duties  shall  be  paid  and  the  same  bounties  allowed 
on  the  exportation  of  any  articles  the  growth,  produce,  or  manufac- 
ture of  the  United  States  and  of  every  other  country  on  the  continent 
of  America  and  the  West  India  Islands,  to  the  Kingdom  of  Hanover, 
whether  such  exportation  shall  be  in  Hanoverian  vessels  or  in  vessels 
of  the  United  States  departing  from  the  ports  of  the  United  States. 

Article  III. 

No  higher  or  other  duties  shall  be  imposed  on  the  importation  into 
the  United  States  of  any  articles  the  growth,  produce,  or  manufacture 
of  the  Kingdom  of  Hanover,  and  no  higher  or  other  duties  shall  be 
imposed  on  the  importation  into  the  Kingdom  of  Hanover  of  any 
articles  the  growth,  produce,  or  manufacture  of  the  United  States, 
than  are  or  shall  be  payable  on  the  like  articles  being  the  growth, 
produce,  or  manufacture  of  any  other  foreign  country. 

No  higher  or  other  duties  and  charges  shall  be  imposed  in  the 
United  States  on  the  exportation  of  any  articles  to  the  Kingdom  of 
Hanover,  or  in  Hanover  on  the  exportation  of  any  articles  to  the 
United  States,  than  such  as  are  or  shall  be  payable  on  the  exportation 
of  the  like  articles  to  any  other  foreign  country. 

No  prohibition  shall  be  imposed  on  the  exportation  or  importation 
of  any  articles  the  growth,  produce,  or  manufacture  of  the  United 
States,  or  the  Kingdom  of  Hanover,  to  or  from  the  ports  of  said  King- 
dom or  of  the  said  United  States,  which  shall  not  equally  extend  to 
all  other  nations. 

Articee  IV. 

The  preceding  articles  are  not  applicable  to  the  coasting  trade  and 
navigation  of  the  high  contracting  parties,  which  are  respectively  re- 
served by  each  exclusively  to  its  own  citizens  or  subjects. 

Article  V. 

No  priority  or  preference  shall  be  given  by  either  of  the  contracting 
parties,  nor  by  any  company,  corporation,  or  agent,  acting  on  their 
behalf,  or  under  their  authority,  in  the  purchase  of  any  article  of 
commerce  lawfully  imported  on  account  or  in  reference  to  the  national 
character  of  the  vessel,  whether  it  be  of  the  one  party  or  of  the  other 
in  which  such  article  was  imported. 

Article  VI. 

The  contracting  parties  grant  to  each  other  the  liberty  of  having, 
each  in  the  ports  of  the  other.  Consuls,  Vice-Consuls,  agents,  and 
commissaries  of  their  own  appointment,  who  shall  enjoy  the  same 
privileges  and  powers  as  those  of  the  most  favored  nations;  but  if 


888 


TREATIES,  CONVENTIONS,  ETC. 


any  of  the  said  Consuls  shall  carry  on  trade,  they  shall  be  subjected 
to  the  same  laws  and  usages  to  which  private  individuals  of  their 
nation  are  subjected  in  the  same  place. 

The  Consuls,  Vice-Consuls,  and  Commercial  Agents  shall  have  the 
right,  as  such,  to  sit  as  judges  and  arbitrators  in  such  differences  as 
may  arise  between  the  masters  and  crews  of  the  vessels  belonging  to 
the  nation  whose  interests  are  committed  to  their  charge,  without  the 
interference  of  the  local  authorities,  unless  the  conduct  of  the  crews 
or  of  the  captain  should  disturb  the  order  or  tranquillity  of  the 
country;  or  the  said  Consuls,  Vice-Consuls,  or  Commercial  Agents 
should  require  their  assistance  to  cause  their  decisions  to  be  carried 
into  effect  or  supported. 

It  is,  however,  understood  that  this  species  of  judgment  or  arbitra- 
tion shall  not  deprive  the  contending  parties  of  the  right  they  have  to 
resort,  on  their  return,  to  the  judicial  authority  of  their  own  country. 

The  said  Consuls,  Vice-Consuls,  and  Commercial  Agents  are  au- 
thorized to  require  the  assistance  of  the  local  authorities  for  the 
search,  arrest,  and  imprisonment  of  the  deserters  from  the  ships  of 
war  and  merchant  vessels  of  their  country. 

For  this  purpose  they  shall  apply  to  the  competent  tribunals, 
judges,  and  officers,  and  shall,  in  writing,  demand  said  deserters, 
proving  by  the  exhibition  of  the  registers  of  the  vessels,  the  muster- 
rolls  of  the  crews,  or  by  any  other  official  documents,  that  such  indi- 
viduals formed  part  of  the  crews ; and  on  this  claim  being  thus  sub- 
stantiated, the  surrender  shall  not  be  refused. 

Such  deserters,  when  arrested,  shall  be  placed  at  the  disposal  of 
the  said  Consuls,  Vice-Consuls,  or  Commercial  Agents,  and  may  be 
confined  in  the  public  prisons,  at  the  request  and  cost  of  those  who 
shall  claim  them,  in  order  to  be  sent  to  the  vessels  to  which  they 
belong,  or  to  others  of  the  same  country.  But  if  not  sent  back  within 
three  months  from  the  day  of  their  arrest,  they  shall  be  set  at  liberty 
and  shall  not  be  again  arrested  for  the  same  cause.  However,  if 
the  deserter  shall  be  found  to  have  committed  any  crime  or  offence, 
his  surrender  may  be  delayed  until  the  tribunal  before  which  his 
case  shall  be  pending  shall  have  pronounced  his  sentence,  and  such 
sentence  shall  have  been  carried  into  effect. 

Article  VII. 

The  citizens  or  subjects  of  each  party  shall  have  power  to  dispose 
of  their  personal  property  within  the  jurisdiction  of  the  other,  by 
sale,  donation,  testament,  or  otherwise. 

Their  personal  representatives,  being  citizens  or  subjects  of  the 
other  contracting  party,  shall  succeed  to  their  said  personal  prop- 
erty, whether  by  testament  or  ab  intestate. 

They  may  take  possession  thereof,  either  by  themselves  or  by 
others  acting  for  them,  at  their  will,  and  dispose  of  the  same,  pay- 
ing such  duties  only  as  the  inhabitants  of  the  country  wherein  the 
said  personal  property  is  situate  shall  be  subject  to  pay  in  like  cases. 

In  case  of  the  absence  of  the  personal  representatives,  the  same 
care  shall  be  taken  of  the  said  property  as  would  be  taken  of  the 
property  of  a native  in  like  case,  until  the  lawful  owner  may  take 
measures  for  receiving  it. 


HANOVER — ^1840. 


889 


If  any  question  should  arise  among  several  claimants  to  which  of 
them  the  said  property  belongs,  the  same  shall  be  finally  decided  by 
the  laws  and  judges  of  the  country  wherein  it  is  situate. 

Where,  on  the  decease  of  any  person,  holding  real  estate  within 
the  territories  of  one  party,  such  real  estate  would,  by  the  laws  of 
the  land,  descend  on  a citizen  or  subject  of  the  other  were  he  not 
disqualified  by  alienage,  such  citizen  or  subject  shall  be  allowed  a 
reasonable  time  to  sell  the  same,  and  to  withdraw  the  proceeds  with- 
out molestation,  and  exempt  from  all  duties  of  detraction  on  the 
part  of  the  Government  of  the  respective  States. 

The  capitals  and  effects  which  the  citizens  or  subjects  of  the  re- 
spective parties,  in  changing  their  residence,  shall  be  desirous  of 
removing  from  the  place  of  their  domicile,  shall  likewise  be  exempt 
from  all  duties  of  detraction  or  emigration  on  the  part  of  the  respec- 
tive Governments. 

AsTicnE  VIII. 

The  ancient  and  barbarous  right  to  wrecks  of  the  sea  shall  be 
entirely  abolished  with  respect  to  the  property  belonging  to  the 
citizens  or  subjects  of  the  contracting  parties. 

When  any  vessel  of  either  party  shall  be  wrecked,  stranded,  or 
otherwise  damaged  on  the  coasts,  or  within  the  dominions  of  the 
other,  their  respective  citizens  or  subjects  shall  receive,  as  well  for 
themselves  as  for  their  vessels  and  effects,  the  same  assistance  which 
would  be  due  to  the  inhabitants  of  the  country  where  the  accident 
happens. 

They  shall  be  liable  to  pay  the  same  charges  and  dues  of  salvage 
as  the  said  inhabitants  would  be  liable  to  pay  in  a like  case. 

If  the  operations  of  repair  shall  require  that  the  whole  or  any 
part  of  the  cargo  be  unloaded,  they  shall  pay  no  duties  of  custom, 
charges,  or  fees  on  the  part  which  they  shall  reload  and  carry  away, 
except  as  are  payable  in  the  like  cases  by  national  vessels. 

It  is  nevertheless  understood  that  if,  whilst  the  vessel  is  under 
repair,  the  cargo  shall  be  unladen,  and  kept  in  a place  of  deposit, 
destined  to  receive  goods,  the  duties  on  which  have  not  been  paid, 
the  cargo  shall  be  liable  to  the  charges  and  fees  lawfully  due  to  the 
keepers  of  such  warehouses. 

Article  IX. 

The  present  treaty  shall  be  in  force  for  the  term  of  twelve  years 
from  the  date  hereof;  and  further  until  the  end  of  twelve  months 
after  the  Government  of  the  United  States  on  the  one  part,  or  that 
of  Hanover  on  the  other,  shall  have  given  notice  of  its  intention  of 
terminating  the  same. 

Article  X. 

The  present  treaty  shall  be  approved  and  ratified  by  the  President 
of  the  United  States  of  America,  by  and  with  the  advice  and  con- 
sent of  their  Senate;  and  by  His  Majesty  the  King  of  Hanover;  and 
the  ratifications  thereof  shall  be  exchanged  at  the  city  of  Berlin, 
within  the  space  of  ten  months  from  this  date,  or  sooner  if  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  the 
above  articles  as  well  in  French  as  in  English,  and  have  affixed 


890 


TREATIES,  CONVENTIONS,  BTO. 


thereto  the  seals  of  their  arms,  declaring  at  the  same  time  that  the 
signature  in  the  two  languages  shall  not  hereafter  be  cited  as  a prece- 
dent, nor  in  any  manner  prejudice  the  contracting  parties. 

Done  in  quadruplicate  at  the  city  of  Berlin  the  twentieth  day  of 
May,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  forty, 
and  the  sixty-fourth  of  the  Independence  of  the  United  States  of 
America. 

[seal.]  Henry  Wheaton. 

[seal.]  Augustus  De  Berger. 


1846.“  6 

Treaty  of  Commerce  and  Navigation. 


Concluded  June  10^  18Jf.6 ; ratif.cation  advised  hy  the  Senate  January 
6,  184?';  rati-fied  hy  the  President  July  28,  1847;  ratifications  ex- 
changed March  16, 1847 ; 'proclaimed  April  24, 1847. 


Artici.es. 


I.  Discrimination  in  duties. 

II.  Coasting  trade. 

III.  Nationality  of  vessels. 

IV.  Shipwrecks. 

V.  Vessels  to  which  privileges  ap- 
plicable. 

VI.  Discrimination  in  duties  on  im- 
ports and  exports. 


VII.  Most  favored  nation. 

VIII.  Duty  on  raw  cotton. 

IX.  Consuls. 

X.  Reciprocal  privileges  of  citizens. 

XI.  Duration. 

XII.  Extension  to  States  of  German 
Confederation. 

XIII.  Ratification. 


The  United  States  of  America  and  His  Majesty  the  King  of  Han- 
over, equally  animated  with  a desire  of  placing  the  privileges  of  their 
navigation  on  a basis  of  the  most  extended  liberality,  and  of  afford- 
ing otherwise  every  encouragement  and  facility  for  increasing  the 
commercial  intercourse  between  their  respective  States,  have  resolved 
to  settle  in  a definitive  manner  the  rules  which  shall  be  observed  be- 
tween the  one  and  the  other,  by  means  of  a treaty  of  navigation  and 
commerce;  for  which  purpose  the  President  of  the  United  States  has 
conferred  full  powers  on  A.  Dudley  Mann,  their  Special  Agent  to  His 
Majesty  the  King  of  Hanover;  and  His  Majesty  the  King  of  Hanover 
has  furnished  with  the  like  full  powers  the  Baron  George  Frederick 
de  Falcke^  of  his  Privy  Council,  Knight  Grand  Cross  of  the  Royal 
Guelphick  Order; 

Who,  after  exchanging  their  full  powers,  found  in  good  and  due 
form,  have  concluded  and  signed  subject  to  ratification,  the  following 
articles. 

Article  I. 


The  high  contracting  parties  agree  that  whatever  kind  of  produce, 
manufacture,  or  merchandise  of  any  foreign  country,  can  be,  from 
time  to  time,  lawfully  imported  into  the  United  States  in  their  own 
vessels,  may  also  be  imported  in  vessels  of  the  Kingdom  of  Hanover ; 


“This  treaty  terminated  on  tlie  merging  of  Hanover  into  the  Kingdom  of 
Prussia. 

* Federal  case,  Valk  v,  U.  S.  et.  al.  (29  Ct  Cls.,  62). 


HANOVER — ^1846. 


891 


and  no  higher  or  other  duties  upon  the  tonnage  or  cargo  of  the  vessel 
shall  be  levied  or  collected,  whether  the  importation  be  made  in  a 
vessel  of  the  United  States  or  in  a Hanoverian  vessel.  And  in  like 
manner,  whatever  kind  of  produce,  manufacture,  or  merchandise  of 
any  foreign  country,  can  be,  from  time  to  time,  lawfully  imported 
into  the  Kingdom  of  Hanover  in  its  own  vessels,  may  also  be  im- 
ported in  vessels  of  the  United  States ; and  no  higher  or  other  duties 
upon  the  tonnage  or  cargo  of  the  vessel  shall  be  levied  or  collected, 
whether  the  importation  be  made  in  vessels  of  the  one  party  or  the 
other. 

Whatever  may  be  lawfully  exported  or  re-exported  by  one  party  in 
its  own  vessels  to  any  foreign  country  may,  in  like  manner,  be  ex- 
ported or  re-exported  in  the  vessels  of  the  other.  And  the  same 
duties,  bounties,  and  drawbacks  shall  be  collected  and  allowed, 
whether  such  exportation  or  re-exportation  be  made  in  vessels  of  the 
one  party  or  the  other.  Nor  shall  higher  or  other  charges  of  any  kind 
be  imposed  in  the  ports  of  the  one  party  on  vessels  of  the  other  than 
are  or  shall  be  payable  in  the  same  ports  by  national  vessels. 

And  further,  it  is  agreed  that  no  higher  or  other  toll  shall  be  levied 
or  collected  at  Brunshausen  or  Stade,  on  the  River  Elbe,  upon  the 
tonnage  or  cargoes  of  vessels  of  the  United  States,  than  is  levied  and 
collected  upon  the  tonnage  and  cargoes  of  vessels  of  the  Kingdom  of 
Hanover;  and  the  vessels  of  the  United  States  shall  be  subjected  to 
no  charges,  detention,  or  other  inconvenience  by  the  Hanoverian  au- 
thorities, in  passing  the  above-mentioned  place,  from  which  vessels  of 
the  Kingdom  of  Hanover  are  or  shall  be  exempt. 

Article  II. 

The  preceding  article  is  not  applicable  to  the  coasting  trade  and 
navigation  of  the  high  contracting  parties,  which  are  respectively 
reserved  by  each  exclusively  to  its  own  subjects  or  citizens. 

Article  III. 

No  priority  or  preference  shall  be  given  by  either  of  the  contracting 
parties,  nor  by  any  company,  corporation,  or  agent  acting  on  their 
behalf,  or  under  their  authority,  in  the  purchase  of  any  article  of 
commerce,  lawfully  imported,  on  account  of  or  in  reference  to  the 
national  character  of  the  vessel,  whether  it  be  of  the  one  party  or  of 
the  other,  in  which  such  article  was  imported. 

Article  IV. 

The  ancient  and  barbarous  right  to  wrecks  of  the  sea  shall  remain 
entirely  abolished  with  respect  to  the  property  belonging  to  the  citi- 
zens or  subjects  of  the  high  contracting  parties. 

"When  any  vessel  of  either  party  shall  be  wrecked,  stranded,  or 
otherwise  damaged  on  the  coasts  or  within  the  dominions  of  the  other, 
their  respective  citizens  or  subjects  shall  receive,  as  well  for  them- 
selves as  for  their  vessels  and  effects,  the  same  assistance  which  would 
be  due  to  the  inhabitants  of  the  country  where  the  accident  happens. 

They  shall  be  liable  to  pay  the  same  charges  and  dues  of  salvage  as 
the  said  inhabitants  would  be  liable  to  pay  in  a like  case. 


892 


TREATIES,  CONVENTIONS,  ETO. 


If  the  operations  of  repairs  shall  require  that  the  whole  or  any  part 
of  the  cargo  be  unloaded,  they  shall  pay  no  duties  of  custom,  charges, 
or  fees  on  the  part  which  they  shall  reload  and  carry  away,  except 
such  as  are  payable  in  the  like  case  by  national  vessels. 

It  is  nevertheless  understood  that  if,  whilst  the  vessel  is  under  re- 
pair, the  cargo  shall  be  unladen  and  kept  in  a place  of  deposit  destined 
to  receive  goods,  the  duties  on  which  have  not  been  paid,  the  cargo 
shall  be  liable  to  the  charges  and  fees  lawfully  due  to  the  keepers  of 
such  warehouses. 

Article  V. 

The  privileges  secured  by  the  present  treaty  to  the  respective  vessels 
of  the  high  contracting  parties  shall  only  extend  to  such  as  are  built 
within  their  respective  territories,  or  lawfully  condemned  as  prize  of 
war,  or  adjudged  to  be  forfeited  for  a breach  of  the  municipal  laws  of 
either  of  the  high  contracting  parties,  and  belonging  wholly  to  their 
citizens  or  subjects. 

It  is  further  stipulated  that  vessels  of  the  Kingdom  of  Hanover 
may  select  their  crews  from  any  of  the  States  of  the  Germanic  Con- 
federation, provided  that  the  master  of  each  be  a subject  of  the  King- 
dom of  Hanover. 

Article  VI. 

No  higher  or  other  duties  shall  be  imposed  on  the  importation  into 
the  United  States  of  any  articles  the  growth,  produce,  or  manufacture 
of  the  Kingdom  of  Hanover,  or  of  its  fisheries,  and  no  higher  or  other 
duties  shall  be  imposed  on  the  importation  into  the  Kingdom  of 
Hanover  of  any  articles  the  growth,  produce,  and  manufacture  of  the 
United  States,  and  of  their  fisheries,  than  are  or  shall  be  payable  on 
the  like  articles  being  the  growth,  produce,  or  manufacture  of  any 
other  foreign  country,  or  of  its  fisheries. 

No  higher  or  other  duties  and  charges  shall  be  imposed  in  the 
United  States  on  the  exportation  of  any  articles  to  the  Kingdom  of 
Hanover,  or  in  Hanover  on  the  exportation  of  any  articles  to  the 
United  States,  than  such  as  are  or  shall  be  payable  on  the  exportation 
of  the  like  articles  to  any  other  foreign  country. 

No  prohibition  shall  be  imposed  on  the  importation  or  exportation 
of  any  articles  the  growth,  produce,  or  manufacture  of  the  Kingdom 
of  Hanover,  or  of  its  fisheries,  or  of  the  United  States  or  their  fish- 
eries, from  or  to  the  ports  of  said  kingdom,  or  of  the  said  United 
States,  which  shall  not  equally  extend  to  all  other  Powers  and  States. 

Article  VII. 

The  high  contracting  parties  engage,  mutually,  not  to  grant  any 
particular  favor  to  other  nations  in  respect  of  navigation  and  duties 
of  customs,  which  shall  not  immediately  become  common  to  the  other 
party;  who  shall  enjoy  the  same  freely,  if  the  concession  was  freely 
made,  or  on  allowing  a compensation,  as  near  as  possible,  if  the  con- 
cession was  conditional. 

Article  VIII. 

In  order  to  augment,  by  all  the  means  at  its  bestowal,  the  commer- 
cial relations  between  the  United  States  and  Germany,  the  Kingdom 
of  Hanover  hereby  agrees  to  abolish  the  import  duty  on  raw  cotton, 


HANOVER — 1846. 


893 


and  also  to  abolish  the  existing  transit  duties  upon  leaves,  stems,  and 
strips  of  tobacco,  in  hogsheads  or  casks,  raw  cotton  in  bales  or  bags, 
whale  oil  in  casks  or  barrels,  and  rice  in  tierces  or  half  tierces. 

And,  further,  the  Kingdom  of  Hanover  obligates  itself  to  levy  no 
Weser  tolls  on  the  aforementioned  articles,  which  are  destined  for,  or 
landed  in,  ports  or  other  places  within  its  territory  on  the  Weser; 
and  it  moreover  agrees  that  if  the  States  bordering  upon  said  river 
shall  consent  at  any  time,  however  soon,  to  abolish  the  duties  which 
they  levy  and  collect  upon  said  articles  destined  for  ports  or  other 
places  within  the  Hanoverian  territory,  the  Kingdom  of  Hanover 
will  readily  abolish  the  Weser  tolls  upon  the  same  articles  destined 
for  ports  and  places  in  such  States. 

It  being  understood,  however,  that  the  aforesaid  stipulations  shall 
not  be  deemed  to  prohibit  the  levying,  upon  the  said  articles,  a tax 
sufficient  for  defraying  the  expense  of  maintaining  the  regulation 
respecting  transit  goods.  But  in  no  case  shall  such  tax  exceed  eight 
pfennigs  Hanoverian  currency  (two  cents  United  States  currency) 
for  one  hundred  pounds  Hanoverian  weight,  (one  hundred  and  four 
pounds  United  States  weight.) 

Article  IX. 

The  high  contracting  parties  grant  to  each  other  the  liberty  of  hav- 
ing, each  in  the  ports  of  the  other.  Consuls,  Vice-Consuls,  Commercial 
Agents,  and  Vice-Commercial  Agents  of  their  own  appointment,  who 
shall  enjoy  the  same  privileges  and  powers  as  those  of  the  most 
favored  nations ; but  if  any  of  the  said  Consuls  shall  carry  on  trade, 
they  shall  be  subjected  to  the  same  laws  and  usages  to  which  private 
individuals  of  their  nation  are  subjected  in  the  same  place. 

The  Consuls,  Vice-Consuls,  Commercial  and  Vice-Commercial 
Agents  shall  have  the  right  as  such  to  sit  as  judges  and  arbitrators, 
in  such  differences  as  may  arise  between  the  masters  and  crews  of  the 
vessels  belonging  to  the  nation  whose  interests  are  committed  to  their 
charge,  without  the  interference  of  the  local  authorities,  unless  the 
conduct  of  the  crews  or  of  the  captain  should  disturb  the  order  or 
tranquillity  of  the  country,  or  the  said  Consuls,  Vice-Consuls,  Com- 
mercial Agents,  or  Vice-Commercial  Agents  should  require  their 
assistance  to  cause  their  decisions  to  be  carried  into  effect  or  supported. 

It  is,  however,  understood  that  this  species  of  judgment  or  arbitra- 
tion shall  not  deprive  the  contending  parties  of  the  right  they  have  to 
resort  on  their  return  to  the  judicial  authority  of  their  own  country. 

The  said  Consuls,  Vice-Consuls,  Commercial  Agents,  and  Vice- 
Commercial  Agents  are  authorized  to  require  the  assistance  of  the 
local  authorities  for  the  search,  arrest,  and  imprisonment  of  the  de- 
serters from  the  ships  of  war  and  merchant  vessels  of  their  country. 

For  this  purpose  they  shall  apply  to  the  competent  tribunals, 
judges,  and  officers,  and  shall  in  writing  demand  said  deserters,  prov- 
ing by  the  exhibition  of  the  registers  of  the  vessels,  the  muster-rolls 
of  the  crews,  or  by  any  other  official  documents,  that  such  individuals 
formed  part  of  the  crews ; and  on  this  claim  being  thus  substantiated, 
the  surrender  shall  not  be  refused. 

Such  deserters,  when  arrested,  shall  be  placed  at  the  disposal  of  the 
said  Consuls,  Vice  Consuls,  Commercial  Agents  or  Vice-Commercial 
Agents,  and  may  be  confined  in  the  public  prisons,  at  the  request  and 


894 


TBEATIES,  CONVENTIONS,  ETC. 


cost  of  those  who  shall  claim  them,  in  order  to  be  sent  to  the  vessels 
to  which  they  belong,  or  to  others  of  the  same  country.  But  if  not 
sent  back  within  three  months  from  the  day  of  their  arrest,  they  shall 
be  set  at  liberty,  and  shall  not  be  again  arrested  for  the  same  cause. 
However,  if  the  deserter  shall  be  found  to  have  committed  any  crime 
or  offence,  his  surrender  may  be  delayed  until  the  tribunal  before 
which  his  case  shall  be  pending  shall  have  pronounced  its  sentence 
and  such  sentence  shall  have  been  carried  into  effect. 

Article  X. 

The  subjects  and  citizens  of  the  high  contracting  parties  shall  be 
permitted  to  sojourn  and  reside  in  all  parts  whatsoever  of  the  said 
territories,  in  order  to  attend  to  their  affairs,  and  also  to  hire  and 
occupy  houses  and  warehouses  for  the  purposes  of  their  commerce, 
provided  they  submit  to  the  laws,  as  well  general  as  special,  relative 
to  the  right  of  residing  and  trading. 

Whilst  they  conform  to  the  laws  and  regulations  in  force,  they  shall 
be  at  liberty  to  manage  themselves  their  own  business  in  all  the  terri- 
tories subject  to  the  jurisdiction  of  each  party,  as  well  in  respect  to 
the  consignment  and  sale  of  their  goods,  by  wholesale  or  retail,  as 
with  respect  to  the  loading,  unloading,  and  sending  off  their  ships,  or 
to  employ  such  agents  and  brokers  as  they  may  deem  proper,  they 
being  in  all  these  cases  to  be  treated  as  the  citizens  or  subjects  of  the 
country  in  which  they  reside;  it  being,  nevertheless,  understood  that 
they  shall  remain  subject  to  the  said  laws  and  regulations;  also  in 
respect  to  sales  by  wholesale  or  retail. 

They  shall  have  free  access  to  the  tribunals  of  justice  in  their  liti- 
gous  affairs  on  the  same  terms  which  are  granted  by  the  law  and  usage 
of  country  to  native  citizens  or  subjects,  for  which  purpose  they  may 
employ  in  defense  of  their  rights  such  advocates,  attorneys,  and  other 
agents  as  they  may  judge  proper. 

The  citizens  or  subjects  of  each  party  shall  have  power  to  dispose 
of  their  personal  property  within  the  jurisdiction  of  the  other  by  sale, 
donation,  testament,  or  otherwise. 

Their  personal  representatives  being  citizens  or  subjects  of  the 
other  contracting  party,  shall  succeed  to  their  said  personal  property, 
whether  by  testament  or  ab  intestato. 

They  may  take  possession  thereof  either  by  themselves  or  by  others 
acting  for  them,  at  their  will,  and  dispose  of  the  same,  paying  such 
duty  only  as  the  inhabitants  of  the  country  wherein  the  said  personal 
property  is  situate  shall  be  subject  to  pay  in  like  cases. 

In  case  of  the  absence  of  the  personal  representatives,  the  same  care 
shall  be  taken  of  the  said  property  as  would  be  taken  of  the  property 
of  a native  in  like  case,  until  the  lawful  owner  may  take  measures  for 
receiving  it. 

If  any  question  should  arise  among  several  claimants  to  which  of 
them  the  said  property  belongs,  the  same  shall  be  finally  decided  by 
the  laws  and  judges  of  the  country  wherein  it  is  situate. 

Where,  on  the  decease  of  any  person  holding  real  estate  within  the 
territories  of  one  party,  such  real  estate  would,  by  the  laws  of  the 
land,  descend  on  a citizen  or  subject  of  the  other,  were  he  not  disquali- 
fied by  alienage,  such  citizen  or  subject  shall  be  allowed  a reasonable 
time  to  sell  the  same,  and  to  withdraw  the  proceeds  without  molesta- 


HANOVER — ^1846. 


895 


tion,  and  exempt  from  all  duties  of  detraction  on  the  part  of  the  Gov- 
ernment of  the  respective  States. 

The  capitals  and  effects  which  the  citizens  or  subjects  of  the  respec- 
tive parties,  in  changing  their  residence,  shall  be  desirous  of  removing 
from  the  place  of  their  domicil,  shall  likewise  be  exempt  from  all 
duties  of  detraction  or  emigration  on  the  part  of  their  respective 
Governments. 

Article  XI. 

The  present  treaty  shall  continue  in  force  for  the  term  of  twelve 
years  from  the  date  hereof,  and  further  until  the  end  of  twelve  months 
after  the  Government  of  Hanover  on  the  one  part,  or  that  of  the 
United  States  on  the  other  part,  shall  have  given  notice  of  its  inten- 
tion of  terminating  the  same;  but  upon  the  condition  hereby  ex- 
pressly stipulated  and  agreed,  that  if  the  Kingdom  of  Hanover  shall 
determine,  during  the  said  term  of  twelve  years,  to  augment  the  exist- 
ing import  duty  upon  leaves,  strips,  or  stems  of  tobacco  imported  in 
hogsheads  or  casks,  a duty  which  at  this  time  does  not  exceed  one 
thaler  and  one  gutengroschen  per  one  hundred  pounds  Hanoveriai 
currency  and  weight,  (seventy  cents  pr.  one  hundred  pounds  United 
States  currency  and  weight,)  the  Government  of  Hanover  shall  give 
a notice  of  one  year  to  the  Government  of  the  United  States  before 
proceeding  to  do  so;  and  at  the  expiration  of  that  year,  or  any  time 
subsequently,  the  Government  of  the  United  States  shall  have  full 
power  and  right  to  abrogate  the  present  treaty  by  giving  a previous 
notice  of  six  months  to  the  Government  of  Hanover,  or  to  continue  it 
(at  its  option)  in  full  force  until  the  operation  thereof  shall  have  been 
arrested  in  the  manner  first  specified  in  the  present  article. 

Article  XII. 

The  United  States  agree  to  extend  all  the  advantages  and  privileges 
contained  in  the  stipulations  of  the  present  treaty  to  one  or  more  of 
the  other  States  of  the  Germanic  Confederation,  which  may  wish  to 
accede  to  them,  by  means  of  an  official  exchange  of  declarations;  pro- 
vided that  such  State  or  States  shall  confer  similar  favors  upon  the 
said  United  States  to  those  conferred  by  the  Kingdom  of  Hanover, 
and  observe  and  be  subject  to  the  same  conditions,  stipulations,  and 
obligations. 

Article  XIII. 

The  present  treaty  shall  be  approved  and  ratified  by  the  President 
of  the  United  States  of  America,  by  and  with  the  advice  and  consent 
of  their  Senate,  and  by  His  Majesty  the  King  of  Hanover;  and  the 
ratifications  thereof  shall  be  exchanged  at  the  city  of  Hanover,  within 
the  space  of  ten  months  from  this  date,  or  sooner  if  possible,  when  the 
treaty  of  commerce  and  navigation  concluded  between  the  high  con- 
tracting parties  at  Berlin,  on  the  20th  day  of  May,  1840,  shall  become 
null  and  void  to  all  intents  and  purposes. 

In  faith  whereof  we,  the  Plenipotentiaries  of  the  high  contracting 
parties,  have  signed  the  present  treaty,  and  have  thereto  affixed  our 
seals. 

Done  in  quadruplicate  at  the  city  of  Hanover,  on  the  tenth  day  of 
June,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  forty- 


896 


TREATIES,  CONVENTIONS,  ETC. 

six,  and  in  the  seventieth  year  of  the  Independence  of  the  United 
States  of  America. 

[seal.]  a.  Dudley  Mann. 

[seal.]  George  Frederick  Baron  de  Falcke. 


1855.“ 

Extradition  Treaty. 


Concluded  January  18,  1855;  ratification  advised  hy  Senate  March 
13,  1855;  ratified  hy  the  President  March  18,  1855;  ratifications 
exchanged  April  17, 1855;  proclaimed  May  5, 1855. 

Articles. 


I.  Crimes. 

II.  Accession  of  other  States. 
III.  Nondelivery  of  citizens. 


IV.  New  offense  in  country  of  asylum. 

V.  Duration. 

VI.  Ratification. 


The  United  States  of  America  and  His  Majesty  the  King  of 
Hanover,  actuated  by  an  equal  desire  to  further  the  administration  of 
justice,  and  to  prevent  the  commission  of  crimes  in  their  respective 
countries,  taking  into  consideration  that  the  increased  means  of  com- 
munication between  Europe  and  America  facilitate  the  escape  of 
offenders,  and  that  consequently  provision  ought  to  be  made  in  order 
that  the  ends  of  justice  shall  not  be  defeated,  have  determined  to  con- 
clude an  arrangement  destined  to  regulate  the  course  to  be  observed 
in  all  cases  with  reference  to  the  extradition  of  such  individuals  as, 
having  committed  any  of  the  offenses  hereafter  enumerated  in  one 
country,  shall  have  taken  refuge  within  the  territories  of  the  other. 
The  constitution  and  laws  of  Hanover,  however,  not  allowing  the 
Hanoverian  Government  to  surrender  their  own  subjects  for  trial 
before  a foreign  court  of  justice,  a strict  reciprocity  requires  that  the 
Government  of  the  United  States  shall  be  held  equally  free  from  any 
obligation  to  surrender  citizens  of  the  United  States.  For  which 
purposes  the  high  contracting  Powers  have  appointed  as  their 
Plenipotentiaries : 

The  President  of  the  United  States,  James  Buchanan,  Envoy  Ex- 
traordinary and  Minister  Plenipotentiary  of  the  United  States  at 
the  Court  of  the  United  Kingdom  of  Great  Britain  and  Ireland ; His 
Majesty  the  King  of  Hanover,  the  Count  Adolphus  von  Kielman- 
segge,  his  Envoy  Extraordinary  and  Minister  Plenipotentiary  to 
Her  Britannic  Majesty,  Grand  Cross  of  the  Order  of  the  Gueiphs, 
&c.,  &c. ; 

Who,  after  reciprocal  communication  of  their  respective  full 
powers,  found  in  good  and  due  form,  have  agreed  to  the  following 
articles : 

Article  I. 


The  Government  of  the  United  States  and  the  Hanoverian  Govern- 
ment promise  and  engage,  upon  mutual  requisitions  by  them,  or  their 
Ministers,  officers,  or  authorities  respectively  made,  to  deliver  up  to 


“This  treaty  terminated  when  Hanover  was  merged  into  the  Kingdom  of 
Prussia. 


HANOVER 1855. 


897 


justice  all  persons  who,  being  charged  with  the  crime  of  murder,  or 
assault  with  intent  to  commit  murder,  or  piracy,  or  arson,  or  rob- 
bery, or  forgery,  or  the  utterance  of  forged  papers,  or  the  fabrica- 
tion or  circulation  of  counterfeit  money,  whether  coin  or  paper 
money,  or  the  embezzlement  of  public  moneys,  committed  within 
the  jurisdiction  of  either  party,  shall  seek  an  asylum,  or  shall  be 
found  within  the  territories  of  the  other;  provided  that  this  shall 
only  be  done  upon  such  evidence  of  criminality  as,  according  to  the 
laws  of  the  place  where  the  fugitive  or  person  so  charged  shall  be 
found,  would  justify  his  apprehension  and  commitment  for  trial  if 
the  crime  or  offence  had  there  been  committed;  and  the  respective 
judges  and  other  magistrates  of  the  two  Governments  shall  have 
power,  jurisdiction,  and  authority,  upon  complaint  made  under  oath, 
to  issue  a warrant  for  the  apprehension  of  the  fugitive  or  person  so 
charged,  that  he  may  be  brought  before  such  judges  or  other  magis- 
trates, respectively,  to  the  end  that  the  evidence  of  criminality  may 
be  heard  and  considered;  and  if,  on  such  hearing,  the  evidence  be 
deemed  sufficient  to  sustain  the  charge,  it  shall  be  the  duty  of  the 
examining  judge  or  magistrate  to  certify  the  same  to  the  proper 
executive  authority,  that  a warrant  may  issue  for  the  surrender  of 
such  fugitive. 

The  expense  of  such  apprehension  and  delivery  shall  be  borne  and 
defrayed  by  the  party  who  makes  the  requisition  and  receives  the 
fugitive. 

Article  II. 

The  stipulations  of  this  convention  shall  be  applied  to  any  other 
State  of  the  Germanic  Confederation  which  may  hereafter  declare 
its  accession  thereto. 

Article  III. 

None  of  the  contracting  parties  shall  be  bound  to  deliver  up  its 
own  subjects  or  citizens  under  the  stipulations  of  this  convention. 

Article  IV. 

Whenever  any  person  accused  of  any  of  the  crimes  enumerated  in 
this  convention  shall  have  committed  a new  crime  in  the  territories 
of  the  State  where  he  has  sought  an  asylum,  or  shall  be  found,  such 
person  shall  not  be  delivered  up,  under  the  stipulations  of  this  con- 
vention, until  he  shall  have  been  tried  and  shall  have  received  the 
punishment  due  to  such  new  crime,  or  shall  have  been  acquitted 
thereof. 

Article  V. 

The  present  convention  shall  continue  in  force  until  the  first  of 
January,  one  thousand  eight  hundred  and  fifty-eight;  and  if  neither 
party  shall  have  given  to  the  other  six  months’  previous  notice  of  its 
intention  then  to  terminate  the  same,  it  shall  further  remain  in  force 
until  the  end  of  twelve  months  after  either  of  the  high  contracting 
parties  shall  have  given  notice  to  the  other  of  such  intention,  each  of 
the  high  contracting  parties  reserving  to  itself  the  right  of  giving 
such  notice  to  the  other  at  any  time  after  the  expiration  of  the  said 
first  day  of  January,  one  thousand  eight  hundred  and  fifty-eight. 


24449— VOL  1—10 57 


898 


TREATIES,  CONVENTIONS,  ETC. 

Article  VI. 


The  present  convention  shall  be  ratified  by  the  President,  by  and 
with  the  advice  and  consent  of  the  Senate  of  the  United  States,  and 
by  the  Government  of  Hanover,  and  the  ratifications  shall  be  ex- 
changed in  London  within  three  months  from  the  date  hereof,  or 
sooner  if  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  this 
convention,  and  have  hereunto  affixed  their  seals. 

Done  in  duiilicate  in  London,  the  eighteenth  day  of  January,  one 
thousand  eight  hundred  and  fifty-five,  and  the  seventy, -ninth  year 
of  the  Independence  of  the  United  States. 

[seal.]  James  Buchanan, 

[seal.]  a.  Kielmansegge. 


1861.“ 


Convention  Abolishing  Stade  or  Brunshausen  Dues. 


Concluded  November  6,  1861 ; ratification  advised  by  the  Senate  Feb- 
ruary 3, 1862;  ratifed,  by  the  President  Febniary  7,  1862;  ratif  ca- 
tions exchanged  April  29, 1862;  proclaimed  June  17, 1862. 


Articles. 


I.  Abolition  of  dues. 

II.  Navigation  of  the  Elbe. 

III.  Indemnity. 

IV.  Payment  of  indemnity. 


V.  Execution  of  obligations. 

VI.  Former  treaty. 

VII.  Ratification. 


The  United  States  of  America  and  His  Majesty  the  King  of  Han- 
over, equally  animated  by  the  desire  to  increase  and  facilitate  the  rela- 
tions of  commerce  and  navigation  between  the  two  countries,  have 
resolved  to  conclude  a special  treaty,  to  the  end  to  free  the  navigation 
of  the  Elbe  from  the  tolls  known  under  the  designation  of  the  Stade 
or  Brunshausen  dues,  and  have  for  that  purpose  conferred  full 
powers : 

The  President  of  the  United  States  of  America  upon  Mr.  Norman 
B.  Judd,  Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the 
United  States  of  America  to  Prussia,  and  His  Majesty  the  King  of 
Hanover  upon  his  Envoy  Extraordinary  and  Minister  Plenipoten- 
tiary at  the  Eoyal  Prussian  Court,  the  Lieutenant  Colonel  and  Ex- 
traordinary Aid-de-Camp,  Mr.  August  IVilhelm  von  Beitzenstein, 
Knight  Commander  of  the  2d  class  of  the  Eoyal  Guelphick  Order, 
etc. ; 

VJio,  after  having  exchanged  their  full  powers,  and  having  found 
them  to  be  in  due  and  proper  form,  have  concluded  the  following 
articles : 

Article  I. 

His  Majesty  the  King  of  Hanover  assumes  towards  the  United 
States  of  America,  who  accept  the  same,  the  .obligation — 

1.  To  abolish  completely  and  forever  the  toll  hitherto  levied  on  the 
cargoes  of  American  vessels  ascending  the  Elbe,  and  passing  the 


“ This  treaty  terminated  when  Hauover  was  merged  into  the  Kingdom  of 
Prussia. 


HANOVER — 1861, 


899 


mouth  of  the  river  called  Schwinge,  designated  under  the  name  of 
the  Stade  or  Brunshausen  dues; 

2.  To  levy  no  toll  of  any  kind,  of  whatever  nature  it  may  be,  upon 
the  hulls  or  cargoes  of  American  vessels  ascending  or  descending  the 
Elbe,  in  place  of  those  dues,  the  abolition  of  which  is  agreed  upon  in 
the  preceding  paragraph; 

3.  Nor  to  subject  hereafter,  under  any  pretext  whatever,  American 
vessels  ascending  or  descending  the  Elbe  to  any  measure  of  control  re- 
garding the  dues  that  are  hereby  abolished. 

Article  II. 

His  Majesty  the  King  of  Hanover  obligates  himself  moreover  to 
the  United  States  of  America — 

1.  To  provide  as  hitherto,  and  to  the  extent  of  the  existing  obliga- 
tions, for  the  maintenance  of  the  works  that  are  necessarj^  for  the 
free  navigation  of  the  Elbe; 

2.  Not  to  impose,  as  a compensation  for  the  expenses  resulting  from 
the  execution  of  this  obligation,  upon  the  American  marine,  any 
charge  whatever,  in  lieu  and  place  of  the  Stade  or  Brunshausen  dues. 

Article  III. 

By  way  of  damage  and  compensation  for  the  sacrifices  imposed 
upon  His  Majesty  the  King  of  Hanover  by  the  above  stipulations,  the 
United  States  of  America  agree  to  pay  to  his  Majesty  the  King  of 
Hanover,  who  accejits  the  same,  the  sum  of  sixty  thousand  three  hun- 
dred and  fifty-three  thalers,  Hanoverian  currency,  this  being  the  pro- 
portional quota  part  of  the  United  States  in  the  general  table  of  in- 
demnification for  the  abolition  of  the  Stade  or  Brunshausen  dues. 

Article  IV. 

The  sum  of  sixty  thousand  three  hundred  and  fifty-three  thalers 
courant,  stipulated  in  Article  III,  shall  be  paid  at  Berlin,  into  the 
hands  of  such  person  as  shall  have  been  authorized  by  His  Majesty 
the  King  of  Hanover  to  receive  it,  on  the  day  of  the  exchange  of 
ratifications  as  hereinafter  provided. 

In  consideration  of  the  fact  that  the  stipulations  contained  in  Arti- 
cles I and  II  have  already  been  applied  to  the  American  flag  since  the 
first  day  of  July,  1861,  the  United  vStates  of  America  agree  to  pay  be- 
sides, and  the  same  time  with  the  capital  above  named,  the  interest  of 
that  sum,  at  the  rate  of  four  per  centum  per  annum,  commencing  with 
the  first  day  of  October,  1861. 

Article  V. 

The  execution  of  the  obligations  contained  in  the  present  treaty  is 
especially  subordinated  to  the  accomplishment  of  such  formalities 
and  rules  as  are  established  by  the  constitutions  of  the  high  contract- 
ing Powers,  and  the  compliance  with  these  formalities  and  rules  be 
brought  about  within  the  shortest  delay  possible. 


900  TREATIES,  CONVENTIONS,  ETC. 

Article  VI. 

The  treaty  of  commerce  and  naAdgation  concluded  between  the 
United  States  of  America  and  His  Majesty  the  King  of  Hanover  on 
the  tenth  day  of  June,  1846,  shall  continue  to  remain  in  force,  with 
the  exception  of  the  stipulation  contained  in  paragraph  3,  Article  I, 
Avhich  shall  cease  to  have  effect  after  the  present  treaty  shall  have 
been  ratified. 

Article  VII. 

This  treaty  shall  be  approved  and  ratified,  and  the  ratifications 
shall  be  exchanged  at  the  city  of  Berlin,  within  six  months  from  the 
present  date,  or  sooner  if  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  the 
above  articles,  both  in  the  English  and  German  languages,  and  they 
have  thereto  affixed  their  seals. 

Done  in  duplicate  at  Berlin  the  sixth  day  of  November,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty-one,  and  the  Inde- 
pendence of  the  United  States  of  America  the  eighty-sixth. 

[seal.]  N.  B.  Judd. 

[seal.]  Wilhelai  August  Von  Reitzenstein. 


PROTOCOL. 

It  remains  understood  that,  until  the  execution  of  the  stipulations 
contained  in  Articles  V and  VII  of  the  treaty  of  to-daj'^  shall  have 
taken  place,  the  Hanoverian  Government  shall  preserve  the  right, 
provisionally,  by  way  of  precaution,  to  maintain  the  dues  which  it 
has  agreed  to  abolish.  But  as  soon  as  the  United  States  of  America 
shall  have  fulfilled  the  stipulations  therein  mentioned,  the  Han- 
overian Government  shall  order  the  discharge  of  that  temporary 
measure  of  precaution,  as  regards  merchandise  transported  in  Amer- 
ican vessels.  Until,  however,  all  the  Powers,  parties  to  the  general 
treaty  of  the  22d  day  of  June,  1861,  concerning  the  abolition  of  the 
Stade  or  Brunshausen  dues,  shall  have  fulfilled  the  engagements  con- 
tained in  the  Articles  VI  and  VII  of  the  last-named  treaty,  it  shall 
have  power  to  require  of  American  vessels  a proof  of  their  national- 
ity, without  thereby  causing  them  a delay  or  detention. 

Done  at  Berlin  the  6th  November,  1861. 

[seal.]  N.  B.  Judd. 

[seal.]  WiLHELiVi  August  Von  Reitzenstein. 


HANSEATIC  REPUBLICS 

(BREMEN,  HAMBURG,  AND  LUBECK.) 


The  Hanseatic  Republics  were  incorporated  into  the  North  German 
Union  July  1,  1867. 

1827. 

Convention  of  Friendship,  Commerce,  and  Navigation.® 

Concluded  December  £0, 1827 ; rati'fication  advised  hy  the  Senate  Jan- 
uary 7,  1828;  ratif,ed  l>y  the  President;  ratifications  exchanged 
June  2, 1828;  froclaimed  June  2,  1828. 


Aeticles. 


I.  Equality  of  duties. 

II.  Import  and  export  duties. 

III.  Government  purchases. 

IV.  Proof  of  Hanseatic  vessels. 
V.  Rights  to  trade. 

VI.  Commercial  privileges. 


VII.  Property  rights 

VIII.  Special  protection  to  persons  and 
property. 

IX.  Most  favored  nation  privileges. 

X.  Duration. 

XI.  Ratification. 


The  United  States  of  America  on  the  one  part,  and  the  Republic 
and  Free  Hanseatic  City  of  Lubeck,  the  Republic  and  Free  Hanse- 
atic City  of  Bremen,  and  the  Republic  and  Free  Hanseatic  City  of 
Hamburg,  (each  State  for  itself  separately,)  on  the  other  part,  being 
desirous  to  give  greater  facility  to  their  commercial  intercourse,  and 
to  place  the  privileges  of  their  navigation  on  a basis  of  the  most 
extended  liberality,  have  resolved  to  fix,  in  a manner  clear,  distinct, 
and  positive,  the  rules  which  shall  be  observed  between  the  one  and 
the  other,  by  means  of  a convention  of  friendship,  commerce,  and 
navigation. 

For  the  attainment  of  this  most  desirable  object,  the  President  of 
the  United  States  of  America  has  conferred  full  powers  on  Henry 
Clay,  their  Secretary  of  State;  and  the  Senate  of  the  Republic  and 
Free  Hanseatic  City  of  Lubeck,  the  Senate  of  the  Republic  and  Free 
Hanseatic  City  of  Bremen,  and  the  Senate  of  the  Republic  and  Free 
Hanseatic  City  of  Hamburg,  have  conferred  full  powers  on  Vincent 
Rumpff,  their  Minister  Plenipotentiary  near  the  United  States  of 
America ; 

Who,  after  having  exchanged  their  said  full  powers,  found  in  due 
and  proper  form,  have  agreed  to  the  following  articles : 


Article  I. 


The  contracting  parties  agree,  that  whatever  kind  of  produce,  man- 
ufacture, or  merchandise  of  any  foreign  country  can  be,  from  time 

“Federal  case:  North  German  Lloyd  S.  S.  Co.  v.  Hedden  (43  Fed.  Rep.,  17). 

901 


902 


TREATIES,  CONVENTIONS,  ETC. 


to  time,  lawfully  imported  into  the  United  States  in  their  own  ves- 
sels, may  be  also  imported  in  vessels  of  the  said  Free  Hanseatic  Ke- 
publics  of  Lubeck,  Bremen,  and  Hamburg;  and  that  no  higher  or 
other  duties  upon  the  tonnage  or  cargo  of  the  vessel  shall  be  levied 
or  collected,  whether  the  importation  be  made  in  vessels  of  the  United 
States,  or  of  either  of  the  said  Hanseatic  Republics.  And,  in  like 
manner,  that  whatever  kind  of  produce,  manufacture,  or  merchan- 
dise of  any  foreign  country  can  be,  from  time  to  time,  lawfully  im- 
ported into  either  of  the  said  Flanseatic  Republics,  in  its  own  ves- 
sels, may  be  also  imiDorted  in  vessels  of  the  United  States;  and  that 
no  higher  or  other  duties  upon  the  tonnage  or  cargo  of  the  vessel 
shall  be  levied  or  collected,  whether  the  importation  be  made  in  ves- 
sels of  the  one  party  or  of  the  other.  And  they  further  agree,  that 
whatever  may  be  lawfully  exported,  or  re-exported,  by  one  party 
in  its  own  vessels,  to  any  foreign  country,  may,  in  like  manner,  be 
exported  or  re-exported  in  the  vessels  of  the  other  party.  And  the 
same  bounties,  duties,  and  drawbacks  shall  be  alloAved  and  collected, 
whether  such  exportation  or  re-exportation  be  made  in  ATSsels  of  the 
one  party  or  of  the  other.  Nor  shall  higher  or  other  charges,  of  any 
kind,  be  imposed  in  the  ports  of  the  one  party,  on  vessels  of  the  other, 
than  are  or  shall  be  payable  in  the  same  ports  by  national  vessels. 

Article  II. 

No  higher  or  other  duties  shall  be  imposed  on  the  importation,  into 
the  United  States,  of  any  article  the  produce  or  manufacture  of  the 
Free  Hanseatic  Republics  of  Lubeck,  Bremen,  and  Hamburg;  and 
no  higher  or  other  duties  shall  be  imposed  on  the  importation,  into 
either  of  the  said  Republics,  of  any  article  the  produce  or  manufacture 
of  the  United  States,  than  are  or  shall  be  payable  on  the  like  article 
being  the  produce  or  manufacture  of  any  other  foreign  country;  nor 
shall  any  other  or  higher  duties  or  charges  be  imposed  by  either  party 
on  the  exportation  of  any  articles  to  the  United  States,  or  to  the  Free 
Hanseatic  Republics  of  Lubeck,  Bremen,  or  Hamburg,  respectively, 
than  such  as  are,  or  shall  be  payable  on  the  exportation  of  the  like 
articles  to  any  other  foreign  country;  nor  shall  any  jirohibition  be 
imposed  on  the  importation  or  exportation  of  any  article  the  produce 
or  manufacture  of  the  United  States,  or  of  the  Free  Hanseatic  Re- 
publics of  Lubeck,  Bremen,  or  Hamburg,  to  or  from  the  ports  of  the 
United  States,  or  to  or  from  the  ports  of  the  other  party,  Avhich  shall 
not  equally  extend  to  all  other  nations. 

Article  III. 

No  priority  or  preference  shall  be  given,  directly  or  indirectly,  by 
any  or  either  of  the  contracting  parties,  nor  by  any  company,  copora- 
tion,  or  agent,  acting  on  their  behalf,  or  under  their  authority,  in 
the  purchase  of  any  article  the  gvowth,  produce,  or  manufacture  of 
their  States,  respectively,  imported  into  the  other,  on  account  of,  or 
in  reference  to  the  character  of  the  vessel,  whether  it  be  of  the  one 
party  or  of  the  other,  in  which  such  article  was  imported;-  it  being 
the  true  intent  and  meaning  of  the  contracting  parties  that  no  dis- 
tinction or  difference  whatever  shall  be  made  in  this  respect. 


HANSEATIC  REPUBLICS 1827. 


903 


Article  IV. 

In  consideration  of  the  limited  extent  of  the  territories  of  the  Re- 
publics of  Lubeck,  Bremen,  and  Hamburg,  and  of  the  intimate  connec- 
tion of  trade  and  navigation  subsisting  between  these  Republics,  it  is 
hereby  stipulated  and  agreed,  that  any  vessel  which  shall  be  owned 
exclusively  by  a citizen  or  citizens  of  any  or  either  of  them,  and  of 
which  the  master  shall  also  be  a citizen  of  any  or  either  of  them,  and 
provided  three-fourths  of  the  crew  shall  be  citizens  or  subjects  of  any 
or  either  of  the  said  Republics,  or  of  any  or  either  of  the  States  of 
the  Confederation  of  Germany,  such  vessel,  so  owned  and  navigated, 
shall,  for  all  the  purposes  of  this  convention,  be  taken  to  be  and  con- 
sidered as  a vessel  belonging  to  Lubeck,  Bremen,  or  Hamburg. 

Article  V. 

Any  vessel,  together  with  her  cargo,  belonging  to  either  of  the 
Free  Hanseatic  Republics  of  Lubeck,  Bremen,  or  Hamburg,  and  com- 
ing from  either  of  the  said  ports  to  the  United  States,  shall,  for  all 
the  purposes  of  this  convention,  be  deemed  to  have  cleared  from  the 
Republic  to  which  such  vessel  belongs,  although,  in  fact,  it  may  not 
have  been  the  one  from  which  she  departed;  and  any  vessel  of  the 
United  States,  and  her  cargo,  trading  to  the  ports  of  Lubeck,  Bremen, 
or  Hamburg,  directly,  or  in  succession,  shall,  for  the  like  purposes, 
be  on  the  footing  of  a Hanseatic  vessel  and  her  cargo  making  the 
same  voyage. 

Article  VI. 

It  is  likewise  agreed  that  it  shall  be  wholly  free  for  all  merchants, 
commanders  of  ships,  and  other  citizens  of  both  parties,  to  manage, 
themselves,  their  own  business,  in  all  the  ports  and  places  subject  to 
the  jurisdiction  of  each  other,  as  well  with  respect  to  the  consign- 
ment and  sale  of  their  goods  and  merchandise  by  wholesale  or  retail, 
as  with  respect  to  the  loading,  unloading,  and  sending  off  their 
ships,  submitting  themselves  to  the  laws,  decrees,  and  usages  there 
established,  to  which  native  citizens  are  subjected;  they  being,  in 
all  these  cases,  to  be  treated  as  citizens  of  the  Republic  in  which  they 
reside,  or  at  least  to  be  placed  on  a footing  with  the  citizens  or  sub- 
jects of  the  most  favored  nation. 

Article  VII. 

The  citizens  of  each  of  the  contracting  parties  shall  have  power  to 
dispose  of  their  personal  goods,  within  the  jurisdiction  of  the  other, 
by  sale,  donation,  testament,  or  otherwise;  and  their  representatives, 
being  citizens  of  the  other  party,  shall  succeed  to  their  said  personal 
goods,  whether  by  testament  or  ab  intestato,  and  they  may  take  pos- 
session thereof,  either  by  themselves  or  others  acting  for  them,  and 
dispose  of  the  same  at  their  will,  paying  such  dues  only  as  the  inhab- 
itants of  the  country  wherein  said  goods  are  shall  be  subject  to  pay 
in  like  cases;  and  if,  in  the  case  of  real  estate,  the  said  heirs  would 
be  prevented  from  entering  into  the  possession  of  the  inheritance  on 
account  of  their  character  of  aliens,  there  shall  be  granted  to  them 


904 


TREATIES,  CONVENTIONS,  ETC. 


the  term  of  three  years  to  dispose  of  the  same,  as  they  may  think 
proper,  and  to  withdraw  the  proceeds  without  molestation,  and  ex- 
empt from  all  duties  of  detraction  on  the  part  of  the  Government  of 
the  respective  States. 

Article  VIII. 

Both  the  contracting  parties  promise,  and  engage  formally,  to 
give  their  special  protection  to  the  persons  and  property  of  the  citi- 
zens of  each  other,  of  all  occupations,  who  may  be  in  the  territories 
subject  to  the  jurisdiction  of  the  one  or  the  other,  transient  or  dwell- 
ing therein,  leaving  open  and  free  to  them  the  tribunals  of  justice 
for  their  judicial  recourse,  on  the  same  terms  which  are  usual  and 
customary  with  the  natives  or  citizens  of  the  country  in  which  they 
may  be;  for  which  they  may  employ,  in  defence  of  their  rights,  such 
advocates,  solicitors,  notaries,  agents,  and  factors  as  they  may  judge 
proper,  in  all  their  trials  at  law ; and  such  citizens  or  agents  shall 
have  as  free  opportunity  as  native  citizens  to  be  present  at  the  de- 
cisions and  sentences  of  the  tribunals,  in  all  cases  which  may  concern 
them,  and  likewise  at  the  taking  of  all  examinations  and  evidence 
which  may  be  exhibited  in  the  said  trials. 

Article  IX. 

The  contracting  parties,  desiring  to  live  in  peace  and  harmony 
with  all  the  other  nations  of  the  earth,  by  means  of  a policy  frank 
and  equally  friendly  with  all,  engage  mutually  not  to  grant  any  par- 
ticular favor  to  other  nations,  in  respect  of  commerce  and  navigation, 
which  shall  not  immediately  become  common  to  the  other  party,  who 
shall  enjoy  the  same  freely,  if  the  concession  was  freely  made,  or  on 
allowing  the  same  compensation,  if  the  concession  was  conditional. 

Article  X. 

The  present  convention  shall  be  in  force  for  the  term  of  twelve 
years  from  the  date  hereof,  and  further,  until  the  end  of  twelve 
months  after  the  Government  of  the  United  States  on  the  one  part, 
or  the  free  Hanseatic  Republics  of  Lubeck,  Bremen,  or  Hamburg, 
or  either  of  them,  on  the  other  part,  shall  have  given  notice  of  their 
intention  to  terminate  the  same ; each  of  the  said  contracting  parties 
reserving  to  itself  the  right  of  giving  such  notice  to  the  other,  at  the 
end  of  the  said  term  of  twelve  years.  And  it  is  hereby  agreed  be- 
tween them  that,  at  the  expiration  of  twelve  months  after  such  notice 
shall  have  been  received  by  either  of  the  parties  from  the  other,  this 
convention,  and  all  the  provisions  thereof,  shall,  altogether,  cease 
and  determine,  as  far  as  regards  the  States  giving  and  receiving 
such  notice;  it  being  always  understood  and  agreed  that,  if  one  or 
more  of  the  Hanseatic  Republics  aforesaid  shall,  at  the  expiration  of 
twelve  years  from  the  date  hereof,  give  or  receive  notice  of  the  pro- 
posed termination  of  this  convention,  it  shall  nevertheless  remain  in 
full  force  and  operation  as  far  as  regards  the  remaining  Hanseatic 
Republics  or  Republic,  which  may  not  have  given  or  received  such 
notice. 


HANSEATIC  BEPUBLICS — 1827-1828. 


905 


Article  XI. 

The  present  convention  being  approved  and  ratified  by  the  Presi- 
dent of  the  United  States,  by  and  with  the  advice  and  consent  of 
the  Senate  thereof,  and  by  the  Senates  of  the  Hanseatic  Kepublics 
of  Lubeck,  Bremen,  and  Hamburg,  the  ratifications  shall  be  ex- 
changed at  Washington  within  nine  months  from  the  date  hereof,  or 
sooner  if  possible. 

In  faith  whereof  we,  the  Plenipotentiaries  of  the  contracting 
parties,  have  signed  the  present  convention,  and  have  thereto  affixed 
our  seals. 

Done  in  quadruplicates  at  the  city  of  Washington,  on  the  twentieth 
day  of  December,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  twenty-seven,  in  the  fifty-second  year  of  the  Independence 
of  the  United  States  of  America. 

[seal.]  H.  Clay. 

[seal.]  V.  Rumpff. 


1828.“ 

Additional  Article  to  Convention  of  1827. 

Concluded  June  J/.,  1828;  ratification  advised  hy  the  Senate  Decemher 
29^  1828;  ratified  hy  the  President;  ratifications  exchanged  Janu- 
ary Ilf,  1829;  'proclaimed  July  29,  1829. 

The  United  States  of  America  and  the  Hanseatic  Eepublics  of 
Lubeck,  Bremen,  and  Hamburg,  wishing  to  favor  their  mutual  com- 
merce by  affording,  in  their  ports,  every  necessary  assistance  to  their 
respective  vessels,  the  undersigned  Plenipotentiaries  have  further 
agreed  upon  the  following  additional  article  to  the  convention  of 
friendship,  commerce,  and  navigation,  concluded  at  Washington  on 
the  twentieth  day  of  December,  1827,  between  the  contracting  parties. 

The  Consuls  and  Vice-Consuls  may  cause  to  be  arrested  the  sailors, 
being  part  of  the  crews  of  the  vessels  of  their  respective  countries, 
who  shall  have  deserted  from  the  said  vessels,  in  order  to  send  them 
back  and  transport  them  out  of  the  country.  For  which  purpose 
the  said  Consuls  and  Vice-Consuls  shall  address  themselves  to  the 
courts,  judges,  and  officers  competent,  and  shall  demand  the  said 
deserters,  in  writing,  proving  by  an  exhibition  of  the  registers  of 
the  said  vessels,  or  ship’s  roll,  or  other  official  document,  that  those 
men  were  part  of  said  crews;  and  on  this  demand  being  so  proved, 
(saving,  however,  where  the  contrary  is  proved,)  the  delivery  shall 
not  be  refused;  and  there  shall  be  given  all  aid  and  assistance  to 
the  said  Consuls  and  Vice-Consuls  for  the  search,  seizure,  and  arrest 
of  the  said  deserters,  who  shall  even  be  detained  and  kept  in  the 
prisons  of  the  country,  at  their  request  and  expense,  until  they  shall 
have  found  opportunity  of  sending  them  back.  But  if  they  be  not 
sent  back  within  two  months,  to  be  counted  from  the  day  of  their 
arrest,  they  shall  be  set  at  liberty,  and  shall  be  no  more  arrested  for 
the  same  cause. 


“ This  article  was  superseded  by  the  Consular  Convention  with  the  German 
Empire,  1871. 


906 


TBEATIES,  CONVENTIONS,  ETC. 


It  is  understood,  however,  that  if  the  deserter  sho'Jd  be  found  to 
have  committed  any  crime  or  offence,  his  surrender  may  be  delayed 
until  the  tribunal  before  which  the  case  shall  be  depending  shall 
have  pronounced  its  sentence,  and  such  sentence  shall  have  been  car- 
ried into  effect. 

The  present  additional  article  shall  have  the  same  force  and  value 
as  if  it  were  inserted,  word  for  word,  in  the  convention  signed  at 
Washington  on  the  twentieth  day  of  December,  one  thousand  eight 
hundred  and  twenty-seven,  and  being  approved  and  ratified  by  the 
President  of  the  United  States,  by  and  with  the  advice  and  consent 
of  the  Senate  thereof,  and  by  the  Senates  of  the  Hanseatic  Rejmblics 
of  Lubeck,  Bremen,  and  Hamburg,  the  ratifications  shall  be  ex- 
changed at  Washington  within  nine  months  from  the  date  hereof, 
or  sooner  if  possible. 

In  faith  whereof  we,  the  undersigned,  by  virtue  of  our  respective 
full  powers,  have  signed  the  present  additional  article,  and  have 
thereto  affixed  our  seals. 

Done  in  quadruplicate  at  the  city  of  Washington,  on  the  fourth 
day.  of  June,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
twenty-eight. 

[seal.]  H.  Clay. 

[seal.]  V.  Rumpff. 


1852.“ 

Consular  Convention. 

Concluded  April  30,  1852;  ratification  advised  hy  the  Senate  Angnst 

30, 1862;  ratifed  toy  the  President  September  2Ij.,  1852;  ratif  cations 

exchanged  February  25, 1853 ; proclaimed  June  6, 1853. 

Articles. 

I.  Powers  of  consuls.  I III.  Ratiflcation. 

II.  Duration  of  convention.  I 

The  United  States  of  America  and  the  Free  and  Hanseatic  Eepub- 
lics  of  Hamburg,  Bremen,  and  Lubeck,  having  agreed  to  extend,  in 
certain  cases,  the  jurisdiction  of  their  respective  Consuls,  and  to 
increase  the  powers  granted  to  said  Consuls  by  existing  treaty  stipu- 
lations, have  named  for  this  purpose,  as  their  respective  Plenipoten- 
tiaries, to  wit: 

The  President  of  the  United  States  of  America,  Daniel  Webster, 
Secretary  of  State  of  the  United  States,  and  the  Senate  of  the  Free  and 
Hanseatic  City  of  Hamburg,  the  Senate  of  the  Free  and  Hanseatic 
City  of  Bremen,  and  the  Senate  of  the  Free  and  Hanseatic  City  of 
Lubeck,  Albert  Schumacher,  Consul-General  of  Hamburg  and  Bremen 
in  the  United  States; 

Who,  having  exchanged  their  full  powers,  found  in  due  and  proper 
form,  have  agreed  to  and  signed  the  following  articles: 

Article  I. 

The  Consuls,  Vice-Consuls,  commercial  and  vice-commercial  agents 
of  each  of  the  high  contracting  parties  shall  have  the  right  as  such. 


“This  convention  was  superceded  by  the  Geueral  Consular  Convention  with 
the  German  Empire  of  1871. 


HANSEATIC  EEPUBUCS 1852. 


907 


to  sit  as  judges  and  arbitrators  in  such  differences  as  may  arise  be- 
tween the  masters  and  crews  of  the  vessels  belonging  to  the  nation 
whose  interests  are  committed  to  their  charge,  without  the  interfer- 
ence of  the  local  authorities,  unless  the  conduct  of  the  crews  or  of  the 
master  should  disturb  the  order  or  tranquillity  of  the  country;  or 
the  said  Consuls,  Vice-Consuls,  commercial  agents,  or  vice-commercial 
agents,  should  require  their  assistance  in  executing  or  supporting 
their  own  decisions.  But  this  species  of  judgment  or  arbitration 
shall  not  deprive  the  contending  parties  of  the  right  they  have  to 
resort,  on  their  return,  to  the  judicial  authority  of  their  own  country. 

Article  II. 

The  present  convention  shall  be  in  force  for  the  term  of  twelve 
years  from  the  day  of  its  ratifications;  and  further  until  the  end  of 
twelve  months,  after  the  Government  of  the  United  States  on  the  one 
part,  or  the  Free  and  Hanseatic  Republicks  of  Hamburg,  Bremen, 
or  Lubeck,  or  either  of  them,  on  the  other  part,  shall  have  given  notice 
of  their  intention  to  terminate  the  same;  each  of  the  contracting 
parties  reserving  to  itself  the  right  of  giving  such  notice  to  the 
other  at  the  end  of  the  said  term  of  twelve  years.  And  it  is  hereby 
agreed  that,  at  the  expiration  of  twelve  months  after  such  notice 
shall  have  been  received  by  either  of  the  parties  from  the  other,  this 
convention,  and  all  the  provisions  thereof,  shall  altogether  cease  and 
determine,  as  far  as  regards  the  States  giving  and  receiving  such 
notice;  it  being  always  understood  and  agreed  that,  if  one  or  more 
of  the  Free  and  Hanseatic  Eepublicks  aforesaid  shall,  at  the  expira- 
tion of  twelve  years  from  the  date  of  the  ratification  of  the  conven- 
tion, give  or  receive  notice  of  the  termination  of  the  same,  it  shall, 
nevertheless,  remain  in  full  force  and  operation,  as  far  as  regards  the 
remaining  Free  and  Hanseatic  Republicks  or  Republick,  which  may 
not  have  given  or  received  such  notice. 

Article  III. 

This  convention  is  concluded  subject  to  the  ratification  of  the  Presi- 
dent of  the  United  States  of  America,  by  and  with  the  advice  and 
consent  of  the  Senate  thereof,  and  by  the  Senates  of  the  Free  and 
Hanseatic  Republicks  of  Hamburg,  Bremen,  and  Lubeck;  and  the 
ratifications  shall  be  exchanged  at  Washington  within  twelve  months 
from  the  date  hereof,  or  sooner  if  possible. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed 
the  above  articles,  as  well  in  German  as  in  English,  and  have  thereto 
affixed  their  seals. 

Done  in  quadruplicate,  at  the  city  of  Washington,  on  the  thirtieth 
day  of  April,  A.  D.  one  thousand  eight  hundred  and  fifty-two,  in  the 
seventy-sixth  year  of  the  Independence  of  the  United  States  of 
America. 

[seal.] 

[seal.] 


Dan’l  Webster. 
A.  Schumacher. 


HAWAIIAN  ISLANDS. 


The  cession  of  the  Hawaiian  Islands  to  the  United  States  having 
been  accepted  by  the  resolution  approved  by  the  President  July  T, 
1898,  (U.  S.  Stats.  Vol.  30,  p.  76.),  the  treaties  with  that  country  ter- 
minated upon  the  formation  of  the  government  for  the  Islands. 

1849.“ 

Treaty  of  Friendship,  Commerce,  and  Navigation  and  Extradi- 
tion. 

Concluded  December  £0,  181^9;  ratification  advised  by  the  Senate 
January  IJf,  1850 ; ratified  by  the  President  February  4, 1850;  ratifi- 
cations exchanged  August  1850;  froclaimed  November  5,  1850. 

Abticles. 


I.  Amity. 

II.  Commerce  and  navigation. 

III.  Duties,  bounties,  etc. 

IV.  Tonnage  duties. 

V.  Coasting  trade. 

VI.  Steam  vessels  carrying  mail. 

VII.  Whale  ships. 

VIII.  Reciprocal  privileges  of  citizens. 

IX.  Reciprocal  privileges  in  business. 


X.  Consuls. 

XI.  Religious  liberty. 
XII.  Shipwrecks. 

XIII.  Asylum  for  vessels. 

XIV.  Extradition. 

XV.  Mail  arrangements. 
XVI.  Duration. 

XVII.  Ratification. 


The  United  States  of  America  and  His  Majesty  the  King  of  the 
Hawaiian  Islands,  equally  animated  with  the  desire  of  maintaining 
the  relations  of  good  understanding  which  have  hitherto  so  happily 
subsisted  between  their  respective  States,  and  consolidating  the  com- 
mercial intercourse  between  them,  have  agreed  to  enter  into  negotia- 
tions for  the  conclusion  of  a treaty  of  friendship,  commerce,  and  navi- 
gation, for  which  purpose  they  have  appointed  Plenipotentiaries,  that 
is  to  say : 

The  President  of  the  United  States  of  America,  John  M.  Clayton, 
Secretary  of  State  of  the  United  States;  and  His  Majesty  the  King 
of  the  Hawaiian  Islands,  James  Jackson  Jarves,  accredited  as  his 
special  Commissioner  to  the  Government  of  the  United  States ; 

Who,  after  having  exchanged  their  full  powers,  found  in  good  and 
due  form,  have  concluded  and  signed  the  following  articles; 


Article  I. 


There  shall  be  perpetual  peace  and  amity  between  the  United  States 
and  the  King  of  the  Hawaiian  Islands,  his  heirs  and  his  successors. 


“This  treaty  terminated  on  cession  of  Islands  to  United  States. 
908 


HAWAIIAN  ISLANDS— 1849. 


909 


Akticle  II. 

There  shall  be  reciprocal  liberty  of  commerce  and  navigation  be- 
tween the  United  States  of  America  and  the  Hawaiian  Islands.  No 
duty  of  customs,  or  other  impost,  shall  be  charged  upon  any  goods, 
the  produce  or  manufacture  of  one  country,  upon  importation  from 
such  country  into  the  other,  other  or  higher  than  the  duty  or  impost 
charged  upon  goods  of  the  same  kind,  the  produce  or  manufacture  of, 
or  imported  from,  any  other  country;  and  the  United  States  of 
America  and  His  Majesty  the  King  of  the  Hawaiian  Islands  do 
hereby  engage  that  the  subjects  or  citizens  of  any  other  State  shall 
not  enjoy  any  favor,  privilege,  or  immunity,  whatever,  in  matters 
of  commerce  and  navigation,  which  shall  not  also,  at  the  same  time, 
be  extended  to  the  subjects  or  citizens  of  the  other  contracting 
party,  gratuitously,  if  the  concession  in  favor  of  that  other  State  shall 
have  been  gratuitous,  and  in  return  for  a compensation,  as  nearly  as 
possible  of  proportionate  value  and  effect,  to  be  adjusted  by  mutual 
agreement,  if  the  concession  shall  have  been  conditional. 

Article  III. 

All  articles,  the  produce  or  manufacture  of  either  country,  which 
can  legally  be  imported  into  either  country  from  the  other,  in  ships 
of  that  other  country,  and  thence  coming,  shall,  when  so  imported,  be 
subject  to  the  same  duties,  and  enjoy  the  same  privileges,  whether 
imported  in  ships  of  the  one  country  or  in  ships  of  the  other;  and 
in  like  manner,  all  goods  which  can  legally  be  exported  or  re-exported 
from  either  country  to  the  other,  in  ships  of  that  other  country,  shall, 
when  so  exported  or  re-exported,  be  subject  to  the  same  duties,  and 
be  entitled  to  the  same  privileges,  drawbacks,  bounties,  and  allow- 
ances, whether  exported  in  ships  of  the  one  country  or  in  ships  of  the 
other;  and  all  goods  and  articles,  of  whatever  description,  not  being 
of  the  produce  or  manufacture  of  the  United  States,  which  can  be 
legally  imported  into  the  Sandwich  Islands,  shall,  when  so  imported 
in  vessels  of  the  United  States,  pay  no  other  or  higher  duties,  imposts, 
or  charges,  than  shall  be  payable  upon  the  like  goods  and  articles 
when  imported  in  the  vessels  of  the  most  favored  foreign  nation, 
other  than  the  nation  of  which  the  said  goods  and  articles  are  the 
produce  or  manufacture. 

Article  IV. 

No  duties  of  tonnage,  harbor,  light-houses,  pilotage,  quarantine,  or 
other  similar  duties,  of  whatever  nature  or  under  whatever  denomi- 
nation, shall  be  imposed  in  either  country  upon  the  vessels  of  the 
other  in  respect  of  voyages  between  the  United  States  of  America 
and  the  Hawaiian  Islands,  if  laden,  or  in  respect  of  any  voyage  if  in 
ballast,  which  shall  not  be  equally  imposed  in  the  like  cases  on 
national  vessels. 

Article  V. 

It  is  hereby  declared  that  the  stipulations  of  the  present  treaty  are 
not  to  be  understood  as  applying  to  the  navigation  and  carrying  trade 
between  one  port  and  another  situated  in  the  States  of  either  contract- 
ing party,  such  navigation  and  trade  being  reserved  exclusively  to 
national  vessels. 


910 


TREATIES,  CONVENTIONS,  ETC. 
Article  VI. 


Steam-vessels  of  the  United  States  which  may  be  employed  by  the 
Government  of  the  said  States  in  the  carrying  of  their  public  mails 
across  the  Pacific  Ocean,  or  from  one  port  in  that  ocean  to  another, 
shall  have  free  access  to  the  ports  of  the  Sandwich  Islands,  with  the 
privilege  of  stopping  therein  to  refit,  to  refresh,  to  land  passengers 
and  their  baggage,  and  for  the  transaction  of  any  business  pertain- 
ing to  the  public  mail  service  of  the  United  States,  and  shall  be  sub- 
ject in  such  ports  to  no  duties  of  tonnage,  harbor,  light-house,  quar- 
antine, or  other  similar  duties,  of  whatever  nature  or  under  whatever 
denomination. 

Article  VII. 

The  whale-ships  of  the  United  States  shall  have  access  to  the  ports 
of  Hilo,  Kealakekua,  and  Hanalei,  in  the  Sandwich  Islands,  for  the 
purposes  of  refitment  and  refreshment,  as  well  as  to  the  ports  of 
Honolulu  and  Lahaina,  which  only  are  ports  of  entiy  for  all  merchant 
vessels;  and  in  all  the  above-named  ports  they  shall  be  permitted  to 
trade  or  barter  their  supplies  or  goods,  excepting  spirituous  liquors, 
to  the  amount  of  two  hundred  dollars  ad  valorem  for  each  vessel, 
without  paying  any  charge  for  tonnage  or  harbor  dues  of  any  descrip- 
tion, or  any  duties  or  imposts  whatever  upon  the  goods  or  articles  so 
traded  or  bartered.  They  shall  also  be  permitted,  with  the  like  ex- 
emption from  all  charges  for  tonnage  and  harbor  dues,  further  to 
trade  or  barter,  with  the  same  exception  as  to  spirituous  liquors,  to 
the  additional  amount  of  one  thousand  dollars  ad  valorem  for  each 
vessel,  paying  upon  the  additional  goods  and  articles  so  traded  and 
bartered  no  other  or  higher  duties  than  are  payable  on  like  goods  and 
articles  when  imported  in  the  vessels  and  by  the  citizens  or  subjects 
of  the  most  favored  foreig-n  nation.  They  shall  also  be  permitted  to 
pass  from  port  to  port  of  the  Sandwich  Islands  for  the  purpose  of 
procuring  refreshments,  but  they  shall  not  discharge  their  seamen  or 
land  their  passengers  in  the  said  islands,  except  at  Lahaina  and  Hono- 
lulu ; and  in  all  the  ports  named  in  this  article  the  whale-ships  of  the 
United  States  shall  enjoy,  in  all  respects  whatsoever,  all  the  rights, 
privileges,  and  immunities  which  are  enjoyed  by,  or  shall  be  granted 
to,  the  whale-ships  of  the  most  favored  foreign  nation.  The  like 
privilege  of  frequenting  the  three  ports  of  the  Sandwich  Islands 
above  named  in  this  article  not  being  ports  of  entry  for  merchant 
vessels,  is  also  guaranteed  to  all  the  public  armed  vessels  of  the  United 
States.  But  nothing  in  this  article  shall  be  construed  as  authorizing 
any  vessel  of  the  United  States  having  on  board  any  disease  usually 
regarded  as  requiring  quarantine  to  enter,  during  the  continuance  of 
such  disease  on  board,  any  port  of  the  Sandwich  Islands  other  than 
Lahaina  or  Honolulu. 

Article.  VIII. 

The  contracting  parties  engage,  in  regard  to  the  personal  privileges 
that  the  citizens  of  the  United  States  of  America  shall  enjoy  in  the 
dominions  of  His  Majesty  the  King  of  the  Hawaiian  Islands  and 
the  subjects  of  his  said  INIajesty  in  the  United  States  of  America, 
that  they  shall  have  free  and  undoubted  right  to  travel  and  reside 


HAWAIIAN  ISLANDS 1849. 


911 


in  the  States  of  the  two  high  contracting  parties,  subject  to  the  same 
precautions  of  police  which  are  practiced  towards  the  subjects  or  citi- 
zens of  the  most  favored  nations.  They  shall  be  entitled  to  occupy 
dwellings  and  warehouses,  and  to  dispose  of  their  personal  property 
of  every  kind  and  description,  by  sale,  gift,  exchange,  will,  or  in  any 
other  way  whatever,  without  the  smallest  hindrance  or  obstacle ; and 
their  heirs  or  representatives,  being  subjects  or  citizens  of  the  other 
contracting  party,  shall  succeed  to  their  personal  goods,  whether  by 
testament  or  ab  intestato,  and  may  take  possession  thereof,  either  by 
themselves  or  by  others  acting  for  them,  and  dispose  of  the  same  at 
will,  paying  to  the  profit  of  the  respective  Governments  such  dues 
only  as  the  inhabitants  of  the  country  wherein  the  said  goods  are 
shall  be  subject  to  pay  in  like  cases.  And  in  case  of  the  absence  of 
the  heir  and  representative,  such  care  shall  be  taken  of  the  said  goods 
as  would  be  taken  of  the  goods  of  a native  of  the  same  country  in 
like  case  until  the  lawful  owner  may  take  measures  for  receiving 
them.  And  if  a question  should  arise  among  several  claimants  as  to 
Avhich  of  them  said  goods  belong,  the  same  shall'  be  decided  finally 
by  the  laws  and  judges  of  the  land  wherein  the  said  goods  are.  AAdiere, 
on  the  decease  of  any  person  holding  real  estate  ivithin  the  territories 
of  one  party,  such  real  estate  would,  by  the  laws  of  the  land,  descend 
on  a citizen  or  subject  of  the  other  Avere  he  not  disqualified  by 
alienage,  such  citizen  or  subject  shall  be  allowed  a reasonable  time  to 
sell  the  same,  and  to  withdraw  the  proceeds  without  molestation  and 
exempt  from  all  duties  of  detraction  on  the  part  of  the  Government 
of  the  respective  States.  The  citizens  or  subjects  of  the  contracting 
parties  shall  not  be  obliged  to  pay,  under  any  pretence  whatever,  any 
taxes  or  impositions  other  or  greater  than  those  which  are  paid,  or 
may  hereafter  be  paid,  by  the  subjects  or  citizens  of  the  most  favored 
nations  in  the  respective  States  of  the  high  contracting  parties.  They 
shall  be  exempt  from  all  military  service,  Avhether  by  land  or  by  sea ; 
from  forced  loans;  and  from  every  extraordinary  contribution  not 
general  and  by  law  established.  Their  dwellings,  warehouses,  and  all 
premises  appertaining  thereto,  destined  for  the  purposes  of  commerce 
or  residence,  shall  be  respected.  Xo  arbitrary  search  of  or  visit  to 
their  houses,  and  no  arbitrary  examination  or  inspection  whatever  of 
the  books,  papers,  or  accounts  of  their  trade  shall  be  made;  but  such 
measures  shall  be  executed  only  in  conformity  Avith  the  legal  sentence 
of  a competent  tribunal ; and  each  of  the  tAvo  contracting  parties 
engages  that  the  citizens  or  subjects  of  the  other  residing  in  their 
respective  States  shall  enjoy  their  property  and  personal  security  in 
as  full  and  ample  manner  as  their  own  citizens  or  subjects,  or  the 
subjects  or  citizens  of  the  most  favored  nation,  but  subject  ahvays  to 
the  laws  and  statutes  of  the  tAvo  countries,  respectively. 

Article  IX. 

The  citizens  and  subjects  of  each  of  the  two  contracting  parties 
shall  be  free  in  the  States  of  the  other  to  manage  their  own  affairs 
themselves,  or  to  commit  those  affairs  to  the  management  of  any  per- 
sons whom  they  may  appoint  as  their  broker,  factor,  or  agent;  nor 
shall  the  citizens  and  subjects  of  the  two  contracting  parties  be  re- 
strained in  their  choice  of  persons  to  act  in  such  capacities,  nor  shall 


912 


TREATIES,  CONVENTIONS,  ETC. 


they  be  called  upon  to  pay  any  salary  or  remuneration  to  any  person 
whom  they  shall  not  choose  to  employ. 

Absolute  freedom  shall  be  given  in  all  cases  to  the  buyer  and  seller 
to  bargain  together,  and  to  fix  the  price  of  any  goods  or  merchandise 
imported  into,  or  to  be  exported  from,  the  States  and  domains  of  the 
two  contracting  parties,  save  and  except  generally  such  cases  wherein 
the  laws  and  usages  of  the  country  may  require  the  intervention  of 
any  special  agents  in  the  States  and  dominions  of  the  contracting 
parties.  But  nothing  contained  in  this  or  any  other  article  of  the 
present  treaty  shall  be  construed  to  authorize  the  sale  of  spirituous 
liquors  to  the  natives  of  the  Sandwich  Islands,  farther  than  such 
sale  may  be  allowed  by  the  Hawaiian  laws. 

Article  X. 

Each  of  the  two  contracting  parties  may  have,  in  the  ports  of  the 
other.  Consuls,  Vice-Consuls,  and  Commercial  Agents,  of  their  own 
appointment,  who  shall  enjoy  the  same  privileges  and  powers  with 
those  of  the  most'  favored  nations ; but  if  any  such  Consuls  shall 
exercise  commerce,  they  shall  be  subject  to  the  same  laws  and  usages 
to  which  the  private  individuals  of  their  nation  are  subject  in  the 
same  place.  The  said  Consuls,  Vice-Consuls,  and  Commercial  Agents 
are  authorized  to  require  the  assistance  of  the  local  authorities  for  the 
search,  arrest,  detention,  and  imprisonment  of  the  deserters  from  the 
ships  of  war  and  merchant  vessels  of  their  country.  F or  this  purpose 
they  shall  apply  to  the  competent  tribunals,  judges,  and  officers,  and 
shall,  in  writing,  demand  the  said  deserters,  proving,  by  the  exhibi- 
tion of  the  registers  of  the  vessels,  the  rolls  of  the  crews,  or  by  other 
official  documents,  that  such  individuals  formed  part  of  the  crews; 
and  this  reclamation  being  thus  substantiated,  the  surrender  shall  not 
be  refused.  Such  deserters,  when  arrested,  shall  be  placed  at  the  dis- 
posal of  the  said  Consuls,  Vice-Consuls,  or  Commercial  Agents,  and 
may  be  confined  in  the  public  prisons,  at  the  request  and  cost  of  those 
who  shall  claim  them,  in  order  to  be  detained  until  the  time  when 
they  shall  be  restored  to  the  vessel  to  which  they  belonged,  or  sent 
back  to  their  own  country  by  a vessel  of  the  same  nation,  or  any  other 
vessel  whatsoever.  The  agents,  owners,  or  masters  of  vessels  on  ac- 
count of  whom  the  deserters  have  been  apprehended,  upon  requisi- 
tion of  the  local  authorities,  shall  be  required  to  take  or  send  away 
such  deserters  from  the  States  and  dominions  of  the  contracting 
parties,  or  give  such  security  for  their  good  conduct  as  the  law  may 
require.  But,  if  not  sent  back  nor  reclaimed  within  six  months  from 
the  day  of  their  arrest,  or  if  all  the  expenses  of  such  imprisonment 
are  not  defrayed  by  the  party  causing  such  arrest  and  imprisonment, 
they  shall  be  set  at  liberty,  and  shall  not  be  again  arrested  for  the 
same  cause.  However,  if  the  deserters  should  be  found  to  have  com- 
mitted any  crime  or  offence,  their  surrender  may  be  delayed  until  the 
tribunal  before  which  their  case  shall  be  depending  shall  have  pro- 
nounced its  sentence,  and  such  sentence  shall  have  been  carried  into 
effect. 

Article  XI. 

It  is  agreed  that  perfect  and  entire  liberty  of  conscience  shall  be 
enjoyed  by  the  citizens  and  subjects  of  both  the  contracting  parties, 
in  the  countries  of  the  one  and  the  other,  without  their  being  liable 


HAWAIIAN  ISLANDS 1849. 


913 


to  be  disturbed  or  molested  on  account  of  their  religious  belief.  But 
nothing  contained  iii  this  article  shall  be  construed  to  interfere  with 
the  exclusive  right  of  the  Hawaiian  Government  to  regulate  for  itself 
the  schools  which  it  may  establish  or  support  within  its  jurisdiction. 

Article  XII. 

If  any  ships  of  war  or  other  vessels  be  wrecked  on  the  coasts  of  the 
States  or  territories  of  either  of  the  contracting  parties,  such  ships 
or  vessels,  or  any  parts  thereof,  and  all  furniture  and  appurtenances 
belonging  thereunto,  and  all  goods  and  merchandise  which  shall  be 
saved  therefrom,  or  the  produce  thereof,  if  sold,  shall  be  faithfully 
restored,  with  the  least  possible  delay,  to  the  proprietors,  upon  being 
claimed  by  them,  or  by  their  duly  authorized  factors;  and  if  there 
are  no  such  proprietors  or  factors  on  the  spot,  then  the  said  goods 
and  merchandise,  or  the  proceeds  thereof,  as  well  as  all  the  papers 
found  on  board  such  wrecked  ships  or  vessels,  shall  be  delivered  to 
the  American  or  Hawaiian  Consul  or  Vice-Consul  in  whose  district 
the  wreck  may  have  taken  place ; and  such  Consul,  Vice-Consul,  pro- 
prietors, or  factors,  shall  pay  only  the  expenses  incurred  in  the  pres- 
ervation of  the  property,  together  with  the  rate  of  salvage  and  ex- 
penses of  quarantine  which  would  have  been  payable  in  the  like  case 
of  a wreck  of  a national  vessel ; and  the  goods  and  merchandise  saved 
from  the  wreck  shall  not  be  subject  to  duties  unless  entered  for  con- 
sumption, it  being  understood  that  in  case  of  any  legal  claim  upon 
such  wreck,  goods,  or  merchandise,  the  same  shall  be  referred  for  de- 
cision to  the  competent  tribunals  of  the  country. 

Article  XIII. 

The  vessels  of  either  of  the  two  contracting  parties  which  may  be 
forced  by  stress  of  weather  or  other  cause  into  one  of  the  ports  of  the 
other,  shall  be  exempt  from  all  duties  of  port  or  navigation  paid  for 
the  benefit  of  the  State,  if  the  motives  which  led  to  their  seeking 
refuge  be  real  and  evident,  and  if  no  cargo  be  discharged  or  taken 
on  board,  save  such  as  may  relate  to  the  subsistence  of  the  crew,  or  be 
necessary  for  the  repair  of  the  vessels,  and  if  they  do  not  stay  in  port 
beyond  the  time  necessary,  keeping  in  view  the  cause  which  led  to 
their  seeking  refuge. 

Article  XIV. 

The  contracting  parties  mutually  agree  to  surrender,  upon  official 
requisition,  to  the  authorities  of  each,  all  persons  who,  being  charged 
with  the  crimes  of  murder,  piracy,  arson,  robbery,  forgery,  or  the  ut- 
terance of  forged  paper,  committed  within  the  jurisdiction  of  either, 
shall  be  found  within  the^territories  of  the  other ; provided  that  this 
shall  only  be  done  upon  such  evidence  of  criminality  as,  according  to 
the  laws  of  the  place  where  the  person  so  charged  shall  be  found, 
would  justify  his  apprehension  and  commitment  for  trial,  if  the  crime 
had  there  been  committed.  And  the  respective  judges  and  other  magis- 
trates of  the  two  Governments  shall  have  authority,  upon  complaint 
made  under  oath,  to  issue  a warrant  for  the  apprehension  of  the  per- 
24449— VOL  1—10 58 


914 


TREATIES,  CONVENTIONS,  ETC. 


son  SO  charged,  that  he  may  be  brought  before  such  judges  or  other 
magistrates  respectively,  to  the  end  that  the  evidence  of  criminality 
may  be  heard  and  considered;  and  if,  on  such  hearing,  the  evidence 
be  deemed  sufficient  to  sustain  the  charge,  it  shall  be  the  duty  of  the 
examining  judge  or  magistrate  to  certify  the  same  to  the  proper  execu- 
tive authority,  that  a warrant  may  issue  for  the  surrender  of  such 
fugitive.  The  expense  of  such  apprehension  and  delivery  shall  be 
borne  and  defrayed  by  the  party  who  makes  the  requisition  and  re- 
ceives the  fugitive. 

Article  XV. 

So  soon  as  steam  or  other  mail  packets,  under  the  flag  of  either  of 
the  contracting  parties,  shall  have  commenced  running  between  their 
respective  ports  of  entry,  the  contracting  parties  agree  to  receive  at 
the  post-offices  of  those  ports  all  mailable  matter,  and  to  forward  it 
as  directed,  the  destination  being  to  some  regular  post-office  of  either 
country;  charging  thereupon  the  regular  postal  rates  as  established 
by  law  in  the  territories  of  either  party  receiving  said  mailable 
matter,  in  addition  to  the  original  postage  of  the  office  whence  the 
mail  was  sent.  Mails  for  the  United  States  shall  be  made  up  at  regu- 
lar intervals  at  the  Hawaiian  post-office,  and  despatched  to  ports  of 
the  United  States ; the  postmasters  at  which  ports  shall  open  the  same, 
and  forward  the  enclosed  matter  as  directed,  crediting  the  Hawaiian 
Government  with  their  postages  as  established  by  law,  and  stamped 
upon  each  manuscript  or  printed  sheet. 

All  mailable  matter  destined  for  the  Hawaiian  Islands  shall  be  re- 
ceived at  the  several  post-offices  in  the  United  States,  and  forwarded 
to  San  Francisco,  or  other  ports  on  the  Pacific  coast  of  the  United 
States,  whence  the  postmasters  shall  despatch  it  by  the  regular  mail 
packets  to  Honolulu,  the  Hawaiian  Government  agi’eeing  on  their 
part  to  receive  and  collect  for  and  credit  the  Post-Office  Department 
of  the  United  States  with  the  United  States’  rates  charged  thereupon. 
It  shall  be  optional  to  prepay  the  postage  on  letters  in  either  country, 
but  postage  on  printed  sheets  and  newspapers  shall  in  all  cases  be  pre- 
paid. The  respective  post-office  departments  of  the  contracting 
parties  shall,  in  their  accounts,  which  are  to  be  adjusted  annually,  be 
credited  with  all  dead  letters  returned. 

Article  XVI. 

The  present  treaty  shall  be  in  force  from  the  date  of  the  exchange 
of  the  ratifications,  for  the  term  of  ten  years,  and  further,  until  the 
end  of  twelve  months  after  either  of  the  contracting  jiarties  shall  have 
given  notice  to  the  other  of  its  intention  to  terminate  the  same,  each  of 
the  said  contracting  parties  reserving  to  itself  the  right  of  giving 
such  notice  at  the  end  of  the  said  term  of  ten  years,  or  at  any  subse- 
quent term. 

Any  citizen  or  subject  of  either  party  infringing  the  articles  of 
this  treaty  shall  be  held  responsible  for  the  same,  and  the  harmony 
and  good  correspondence  between  the  two  Governments  shall  not  be 
interrupted  thereby,  each  party  engaging  in  no  way  to  protect  the 
offender,  or  sanction  such  violation. 


HAWAIIAN"  ISLANDS 1849-1875. 


915 


Article  XVII. 

The  present  treaty  shall  be  ratified  by  the  President  of  the  United 
States  of  America,  by  and  with  the  advice  and  consent  of  the  Senate 
of  the  said  States,  and  by  His  Majesty  the  King  of  the  Hawaiian 
Islands,  by  and  with  the  advice  of  his  Privy  Council  of  State,  and  the 
ratifications  shall  be  exchanged  at  Honolulu  within  eighteen  months 
from  the  date  of  its  signature,  or  sooner  if  possible. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
same  in  triplicate,  and  have  thereto  affixed  their  seals. 

Done  at  Washington,  in  the  English  language,  the  twentieth  day  of 
December,  in  the  year  one  thousand  eight  hundred  and  forty-nine. 
[seal.]  John  M.  Clayton. 

[seal.]  James  Jackson  Jarves. 


1875.“ 

Treaty  of  Reciprocity. 


Concluded  January  30^  1875;  ratifcation  advised  hy  the  Senate  March 
18,  1875;  ratified  hy  the  President  May  31,  1875;  ratifications 
exchanged  June  3,  1875;  'proclaimed  June  3, 1875. 

Articles. 


I.  Hawaiian  products  to  be  admitted. 

II.  American  products  to  be  admitted. 

III.  Evidence  as  to  growth  and  manu- 
facture. 


IV.  Export  duties. 
V.  Duration. 

VI.  Ratification. 


The  United  States  of  America  and  His  Majesty  the  King  of  the 
Hawaiian  Islands,  equally  animated  by  the  desire  to  strengthen  and 
perpetuate  the  friendly  relations  which  have  heretofore  uniformly 
existed  between  them,  and  to  consolidate  their  commercial  inter- 
course, have  resolved  to  enter  into  a Convention  for  Commercial 
Reciprocity.  For  this  purpose,  the  President  of  the  United  States 
has  conferred  full  powers  on  Hamilton  Fish,  Secretary  of  State,  and 
His  Majesty  the  King  of  the  Hawaiian  Islands  has  conferred  like 
powers  on  Honorable  Elisha  H.  Allen,  Chief  Justice  of  the  Supreme 
Court,  Chancellor  of  the  Kingdom,  Member  of  the  Privy  Council  of 
State,  His  Majesty’s  Envoy  Extraordinary  and  Minister  Plenipo- 
tentiary to  the  United  States  of  America,  and  Honorable  Henry  A.  P. 
Carter,  Member  of  the  Privy  Council  of  State,  His  Majesty’s  Special 
Commissioner  to  the  United  States  of  America. 

And  the  said  Plenipotentiaries,  after  having  exchanged  their  full 
powers,  which  were  found  to  be  in  due  form,  have  agreed  to  the  fol- 
lowing articles. 

Article  I. 


For  and  in  consideration  of  the  rights  and  privileges  granted  by 
His  Majesty  the  King  of  the  Hawaiian  Islands  in  the  next  succeeding 
article  of  this  convention  and  as  an  equivalent  therefor,  the  United 


“ Terminated  on  cession  of  islands  to  United  States.  Federal  case.  Netber- 
clift  V.  Robertson  (2.3  Blatch.,  548). 


916 


TREATIES,  CONVENTIONS,  ETC, 


States  of  America  hereby  agree  to  admit  all  the  articles  named  in  the 
following  schedule,  the  same  being  the  growth  and  manufacture  or 
produce  of  the  Hawaiian  Islands,  into  all  the  ports  of  the  United 
States  free  of  duty. 

SC^HEDXXLE* 

Arrow-root;  castor  oil;  bananas,  nuts,  vegetables,  dried,  and  un- 
dried, preserved  and  unpreserved;  hides  and  skins  undressed;  rice; 
pulu ; seeds,  plants,  shrubs  or  trees ; muscovado,  brown,  and  all  other 
unrefined  sugar,  meaning  hereby  the  grades  of  sugar  heretofore  com- 
monly imported  from  the  Hawaiian  Islands  and  now  known  in  the 
markets  of  San  Francisco  and  Portland  as  “ Sandwich  Island  sugar;” 
syrups  of  sugar-cane,  melado,  and  molasses ; tallow. 

Article  II. 

For  and  in  consideration  of  the  rights  and  privileges  granted  by  the 
United  States  of  America  in  the  preceding  article  of  this  convention, 
and  as  an  equivalent  therefor.  His  Majesty,  the  King  of  the  Hawaiian 
Islands  hereby  agrees  to  admit  all  the  articles  named  in  the  following 
schedule,  the  same  being  the  growth,  manufacture  or  produce  of  the 
United  States  of  America,  into  all  the  ports  of  the  Hawaiian  Islands, 
free  of  duty. 

Agricultural  implements;  animals;  beef,  bacon,  pork,  ham  and  all 
fresh,  smoked  or  preserved  meats ; boots  and  shoes ; grain,  flour,  meal, 
and  bran,  bread  and  breadstuffs,  of  all  kinds;  bricks,  lime  and  cement; 
butter,  cheese,  lard,  tallow,  bullion ; coal,  cordage,  naval  stores  includ- 
ing tar,  pitch,  resin,  turpentine  raw  and  rectified;  copper  and  com- 
position sheathing;  nails  and  bolts;  cotton  and  manufactures  of  cot- 
ton bleached,  and  unbleached,  and  whether  or  not  colored,  stained, 
painted  or  printed;  eggs;  fish  and  03^sters,  and  all  other  creatures 
living  in  the  water,  and  the  products  thereof;  fruits,  nuts,  and  vege- 
tables, green,  dried  or  undried,  preserved  or  unpreserved;  hardware; 
hides,  furs,  skins  and  pelts,  dressed  or  undressed;  hoop  iron,  and 
rivets,  nails,  spikes  and  bolts,  tacks,  brads  or  sprigs;  ice;  iron  and 
steel  and  manufactures  thereof;  leather;  lumber  and  timber  of  all 
kinds,  round,  hewed,  sawed,  and  unmanufactured  in  whole  or  in  part; 
doors,  sashes  and  blinds;  machinery  of  all  kinds,  engines  and  parts 
thereof;  oats  and  hay;  paper,  stationery  and  books,  and  all  manu- 
factures of  paper  or  of  paper  and  wood;  petroleum  and  all  oils  for 
lubricating  or  illuminating  purposes ; plants,  shrubs,  trees  and  seeds ; 
rice ; sugar,  refined  or  unrefined ; salt ; soap ; shooks,  staves  and  head- 
ings; wool  and  manufactures  of  wool,  other  than  ready-made  cloth- 
ing; wagons  and  carts  for  the  purposes  of  agriculture  or  of  drainage; 
wood  apd  manufactures  of  wood,  or  of  wood  and  metal  except  furni- 
ture either  upholstered  or  carved  and  carriages;  textile  manufactures, 
made  of  a combination  of  wool,  cotton,  silk  or  linen,  or  of  any  two  or 
more  of  them  other  than  when  readv-made  clothing;  harness  and  all 
manufactures  of  leather;  starch;  and  tobacco,  whether  in  leaf  or 
manufactured. 


HAWAIIAN  ISLANDS 1875. 


917 


Article  III. 

The  evidence  that  articles  proposed  to  be  admitted  into  the  ports  of 
the  United  States  of  America,  or  the  ports  of  the  Hawaiian  Islands, 
free  of  duty,  under  the  first  and  second  articles  of  this  convention, 
are  the  growth,  manufacture  or  produce  of  the  United  States  of 
America  or  of  the  Hawaiian  Islands  respectively,  shall  be  established 
under  such  rules  and  regulations  and  conditions  for  the  protection  of 
the  revenue  as  the  two  Governments  may  from  time  to  time  respec- 
tively prescribe. 

Article  IV. 

No  export  duty  or  charges  shall  be  imposed  in  the  Hawaiian  Islands 
or  in  the  United  States,  upon  any  of  the  articles  proposed  to  be  admit- 
ted into  the  ports  of  the  United  States  or  the  ports  of  the  Hawaiian 
Islands  free  of  duty,  under  the  first  and  second  articles  of  this  con- 
vention. It  is  agreed,  on  the  part  of  His  Hawaiian  Majesty,  that,  so 
long  as  this  treaty  shall  remain  in  force,  he  will  not  lease  or  otherwise 
dispose  of  or  create  any  lien  upon  any  port,  harbor,  or  other  territory 
in  his  dominions,  or  grant  any  special  privilege  or  rights  of  use 
therein,  to  any  other  power,  state  or  government,  nor  make  any  treaty 
by  which  any  other  nation  shall  obtain  the  same  privileges,  relative 
to  the  admission  of  any  articles  free  of  duty,  hereby  secured  to  the 
United  States. 

Article  V. 

The  present  convention  shall  take  effect  as  soon  as  it  shall  have  been 
approved  and  proclaimed  by  his  Majesty  the  King  of  the  Hawaiian 
Islands,  and  shall  have  been  ratified  and  duly  proclaimed  on  the  part 
of  the  Government  of  the  United  States,  but  not  until  a law  to  carry 
it  into  operation  shall  have  been  passed  bj?^  the  Congress  of  the  United 
States  of  America.  Such  assent  having  been  given  and  the  ratifica- 
tions of  the  convention  having  been  exchanged  as  provided  in  article 
VI,  the  convention  shall  remain  in  force  for  seven  years,®  from  the 
date  at  which  it  may  come  into  operation ; and  further,  until  the  expi- 
ration of  twelve  months  after  either  of  the  high  contracting  parties 
shall  give  notice  to  the  other  of  its  wish  to  terminate  the  same;  each 
of  the  high  contracting  parties  being  at  liberty  to  give  such  notice 
to  the  other  at  the  end  of  the  said  term  of  seven  years,  or  at  any  time 
thereafter. 

Article  VI. 

The  present  convention  shall  be  duly  ratified,  and  the  ratifications 
exchanged  at  Washington  city,  within  eighteen  months  from  the  date 
hereof,  or  earlier  if  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  of  the  high  con- 
tracting parties  have  signed  this  present  convention,  and  have  affixed 
thereto  their  respective  seals. 

Done  in  duplicate,  at  Washington,  the  thirtieth  day  of  January,  in 
the  year  of  our  Lord,  one  thousand  eight  hundred  and  seventy-five. 

[seal.]  Hamilton  Fish. 

[seal.]  Elisha  H.  Allen. 

[seal.]  Henry  A.  P.  Carter. 


“Time  extended  by  convention  of  January  30,  1884,  p.  919. 


918 


TREATIES,  CONVENTIONS,  ETC. 

1876. 


Protocol  of  a Conference  Between  the  Acting  Secretary  of 

State  of  the  United  States  and  the  Envoy  Extraordinary  and 

Minister  Plenipotentiary  of  His  Majesty  the  King  of  the 

Hawaiian  Islands. 

Held  at  W ashington  on  the  ninth  day  of  September^  1876. 

Whereas  it  is  provided  by  Article  V of  the  Convention  between  the 
United  States  of  America  and  His  Majesty  the  King  of  the  Hawaiian 
Islands  concerning  commercial  reciprocity  signed  at  Washington  on 
the  30th  day  of  January  1875,  as  follows: 

“Article  V.  The  present  convention  shall  take  effect  as  soon  as  it 
shall  have  been  approved  and  proclaimed  by  His  Majesty  the  King  of 
the  Hawaiian  Islands,  and  shall  have  been  ratified  and  duly  pro- 
claimed on  the  part  of  the  Government  of  the  United  States,  but  not 
until  the  law  to  carry  it  into  operation  shall  have  been  passed  by  the 
Congress  of  the  United  States  of  America,  such  assent  having  been 
given,  and  the  ratifications  of  the  convention  having  been  exchanged 
as  provided  in  Article  VI,  the  convention  shall  remain  in  force  for 
seven  years  from  the  date  at  which  it  may  come  into  operation ; and 
further,  until  the  expiration  of  twelve  months  after  either  of  the  high 
contracting  parties  shall  give  notice  to  the  other  of  its  wish  to  termi- 
nate the  same ; each  of  the  high  contracting  parties  being  at  liberty  to 
give  such  notice  to  the  other  at  the  end  of  the  said  term  of  seven 
years,  or  at  any  time  thereafter.” 

And  whereas  the  said  convention  has  been  approved  and  pi’oclaimed 
His  Majesty  the  King  of  the  Hawaiian  Islands  and  has  been  rati- 
fied and  duly  proclaimed  on  the  part  of  the  Government  of  the  United 
States : 

And  whereas  an  act  was  passed  by  the  Senate  and  House  of  Kepre- 
sentatives  of  the  United  States  of  America  in  Congress  assembled 
entitled  “An  act  to’  carry  into  effect  a convention  between  the  United 
States  of  America  and  His  Majesty  the  King  of  the  Hawaiian  Islands, 
signed  on  the  thirtieth  day  of  January  eighteen  hundred  and  seventy- 
five,”  which  was  approved  on  the  loth  day  of  August  in  the  year  1876 : 

And  whereas  an  act  was  passed  by  the  Legislative  Assembly  of  the 
Hawaiian  Islands,  entitled  “An  act  to  carry  into  effect  a Convention 
between  His  Majesty  the  King  and  the  United  States  of  America, 
signed  at  Washington  on  the  30th  day  of  January,  1875,”  which  was 
duly  approved  on  the  18th  day  of  July,  in  the  year  1876. 

And  whereas  the  ratifications  of  the  said  Convention  have  been  ex- 
changed as  provided  in  Article  VI. 

The  undersigned  William  Hunter,  Acting  Secretary  of  State  of  the 
United  States  of  America,  and  the  Honorable  Elisha  H.  Allen,  Chief 
Justice  of  the  Supreme  Court,  chancellor  of  the  Kingdom,  member  of 
the  Privy  Council  of  State,  and  His  Majesty’s  Envoy  Extraordinary 
and  Minister  Plenipotentiary  to  the  United  States  of  America,  duly 
authorized  for  this  purpose  by  their  respective  Governments,  haA^e  met 
together  at  Washington,  and  having  found  the  said  convention  has 
been  approved  and  proclaimed  by  His  Majesty  the  King  of  the  Ha- 
waiian Islands  and  has  been  ratified  and  duly  proclaimed  on  the  part 
of  the  Government  of  the  United  States,  and  that  the  laws  required  to 


HAWAIIAN  ISLANDS 1875-1884. 


919 


carry  the  said  Treaty  into  operation  have  been  passed  by  the  Con- 
gress of  the  United  States  of  America  on  the  one  part  and  by  the 
Legislative  Assembly  of  the  Hawaiian  Islands  on  the  other,  hereby 
declare  that  the  Convention  aforesaid  concluded  between  the  United 
States  of  America  and  His  Majesty  the  King  of  the  Hawaiian  Islands 
on  the  30th  day  of  January,  1875,  will  take  effect  on  the  date  hereof. 

In  witness  whereof  the  undersigned  have  signed  this  protocol  and 
have  hereunto  affixed  their  seals. 

Done  in  duplicate,  at  Washington,  this  ninth  day  of  September,  one 
thousand  eight  hundred  and  seventy-six. 

[seal.]  W.  Hunter. 

[seal.]  Elisha  H.  Allen. 


1884.“ 

Reciprocity  Convention. 

Concluded  December  6, 1884-;  ratification  advised  by  the  Senate  with 
amendments  January  20,  1887 ; ratified  by  the  President  Novem- 
ber 7, 1887 ; ratification  exchanged  November  9, 1887. 

Articles. 

I.  Duration  of  convention  of  1875  ex-  I II.  Coaling  station, 
tended.  | III.  Ratification. 

Whereas  a convention  was  concluded  between  the  United  States  of 
America,  and  His  Majesty  the  King  of  the  Hawaiian  Islands,  on  the 
thirtieth  day  of  January,  1875,  concerning  commercial  reciprocity, 
which  by  the  fifth  article  thereof,  was  to  continue  in  force  for  seven 
years  from  the  date  after  it  was  to  come  into  operation,  and  further, 
until  the  expiration  of  twelve  months  after  either  of  the  High  Con- 
tracting Parties  should  give  notice  to  the  other  of  its  wish  to  termi- 
nate the  same;  and 

Whereas,  the  High  Contracting  Parties  consider  that  the  increase 
and  consolidation  of  their  mutual  commercial  interests  would  be  bet- 
ter promoted  by  the  definite  limitation  of  the  duration  of  the  said 
convention ; 

Therefore,  the  President  of  the  United  States  of  America,  and  His 
Majesty  the  King  of  the  Hawaiian  Islands,  have  appointed: 

The  President  of  the  United  States  of  America,  Frederick  T. 
Frelinghuysen,  Secretary  of  State;  and 
His  Majesty  the  King  of  the  Hawaiian  Islands,  Henry  A.  P.  Car- 
ter, accredited  to  the  (xovernment  of  the  United  States,  as  His  Maj- 
esty’s Envoy  Extraordinary  and  Minister  Plenipotentiary; 

Who,  having  exchanged  their  respective  powers,  which  were  found 
sufficient  and  in  due  form,  have  agreed  upon  the  following  articles : 

Article  I. 

The  High  Contracting  Parties  agree,  that  the  time  fixed  for  the 
duration  of  the  said  convention,  shall  be  definitely  extended  for  a 
term  of  seven  years  from  the  date  of  the  exchange  of  ratifications 


“ Tei’minated  ou  cession  of  islands  to  the  United  States. 


920 


TREATIES,  CONVENTIONS,  ETC. 


hereof,  and  further,  until  the  expiration  of  twelve  months  after  either 
of  the  High  Contracting  Parties  shall  give  notice  to  the  other  of  its 
wish  to  terminate  the  same,  each  of  the  High  Contracting  Parties 
being  at  liberty  to  give  such  notice  to  the  other  at  the  end  of  the  said 
term  of  seven  years  or  at  any  time  thereafter. 

Article  II.  ® 

His  Majesty  the  King  of  the  Hawaiian  Islands  grants  to  the  Gov- 
ernment of  the  United  States  the  exclusive  right  to  enter  the  harbor 
of  Pearl  River  in  the  Island  of  Oahu,  and  to  establish  and  maintain 
there  a coaling  and  repair  station  for  the  use  of  vessels  of  the  United 
States,  and  to  that  end  the  United  States  may  improve  the  entrance 
to  said  harbor  and  do  all  other  things  needful  to  the  purpose  afore- 
said. 

Article  III. 

The  present  convention  shall  be  ratified  and  the  ratifications  ex- 
changed at  Washington,  as  soon  as  possible. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
the  present  convention  in  duplicate,  and  have  hereunto  affixed  their 
respective  seals. 

Done  at  the  city  of  Washington  the  6th  day  of  December,  in  the 
year  of  our  Lord  1884. 

[seal.]  Fred’k  T.  Frelinghtjysen. 

[seal.]  Henry  A.  P.  Carter. 


“ This  article  is  an  amendment  of  the  Senate  which  was  accepted  by  the 
Hawaiian  Government. 


HAYTI. 

(HAITI.) 

1864. 

Treaty  of  Amity,  Commerce  and  Navigation,  and  Extradition." 

Concluded  November  3,  ISGIf.;  ratifjcation  advised  by  the  Senate  Jan- 
uary 17, 1865;  ratified  by  the  President  May  18,  1865;  ratifications 
exchanged  May  23,  1865;  proclaimed  July  6, 1865. 

Articles. 


I. 

II. 

III. 

IV. 
V. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 

XIV. 
XV. 

XVI. 

XVII. 

XVIII. 

XIX. 

XX. 

XXI. 

XXII. 

XXIII. 


Amity. 

Most  favored  nation  treatment. 
Immunity  in  case  of  war. 
Confiscations  prohibited. 
Personal  exemptions  of  citizens. 
Trade  privileges. 

Privacy  of  books  and  papers. 
Eeligious  freedom. 

Disposal  of  personal  property. 
Imports. 

Exports. 

Coasting  trade. 

Equality  of  duties  and  prohibi- 
tions. 

Discriminating  duties. 

Rights  of  asylum. 

Shipwrecks. 

Neutrality  of  vessels. 
Blockades. 

Free  ships,  free  goods. 
Contraband  articles. 

Goods  not  contraband. 
Merchant  ships. 

Papers  of  neutral  vessels. 


XXIV. 

XXV. 

XXVI. 

xxvn. 

XXV I II. 
XXIX. 
XXX. 

XXXI. 

XXXII. 

XXXIII. 

XXXIV. 

XXXV. 

XXXVI. 

XXXVII. 

XXXVIII. 

XXXIX. 

XL. 

XLI. 

XLII. 

XLIII. 


Right  of  search. 

Ships  under  convoy. 
Captures. 

Care  of  property  captured. 
Prize  courts. 

Entry  of  captured  vessels. 
Restriction  on  foreign  pri- 
vateers. 

Letters  of  marque  forbid- 
den: 

Diplomatic  privileges. 
Consular  service. 
Exequators. 

Consular  privileges. 
Deserters  from  ships. 
Consular  convention  to  be 
concluded. 

Extradition  of  fugitives 
from  justice. 

Extraditable  crimes. 
Surrender ; expenses. 
Political  offenses. 

Duration. 

Ratification. 


The  United  States  of  America  and  the  Republic  of  Hayti,  desiring 
to  make  lasting  and  firm  the  friendship  and  good  understanding 
which  happily  prevail  between  both  nations,  and  to  place  their  com- 
mercial relations  upon  the  most  liberal  basis,  have  resolved  to  fix,  in 
a manner  clear,  distinct,  and  positive,  the  rules  which  shall,  in  future, 
be  religiously  observed  between  the  one  and  the  other,  by  means  of  a 
treaty  of  amity,  commerce,  and  navigation,  and  for  the  extradition 
of  fugative  criminals.  For  this  purpose  they  have  appointed  as  their 
Plenipotentiaries,  to  wit: 

The  President  of  the  United  States,  Benjamin  F.  Whidden,  Com- 
missioner and  Consul  General  of  the  United  States  to  the  Republic  of 
Hayti;  and  the  President  of  Hayti,  Boyer  Bazelais,  Chef  d’Esca- 
dron,  his  Aide-de-Camp  and  Secretary; 


Deuouuced  by  Haiti  to  take  effect  May  7,  1905. 


921 


922 


TREATIES,  CONVENTIONS,  ETC. 


Who,  after  a reciprocal  communication  of  their  respective  full 
powers,  found  in  due  and  proper  form,  have  agreed  to  the  following 
articles ; 

Article  I. 

There  shall  be  a perfect,  firm,  and  inviolable  peace  and  sincere 
friendship  between  the  United  States  of  America  and  the  Eepublic 
of  Hayti,  in  all  the  extent  of  their  possessions  and  territories,  and 
between  their  people  and  citizens,  respectively,  without  distinction  of 
persons  or  places. 


Article  II. 

The  United  States  of  America  and  the  Republic  of  Hayti,  desiring 
to  live  in  peace  and  harmony  with  all  the  other  nations  of  the  earth, 
by  means  of  a policy  frank  and  equally  friendly  with  all,  agree  that 
any  favor,  exemption,  privilege,  or  immunity  whatever,  in  matters 
of  commerce  or  navigation,  which  either  of  them  has  granted,  or  may 
hereafter  grant,  to  the  citizens  or  subjects  of  any  other  Government, 
nation,  or  State,  shall  extend,  in  identity  of  cases  and  circumstances, 
to  the  citizens  of  the  other  contracting  party;  gratuitously,  if  the 
concession  in  favor  of  that  other  Government,  nation  or  State  shall 
have  been  gratuitous ; or  in  return  for  an  equivalent  compensation,  if 
the  concession  shall  have  been  conditional. 

Article  III. 

If  by  any  fatality  (which  cannot  be  expected,  and  which  God  for- 
bid) the  two  nations  should  become  involved  in  war,  one  with  the 
other,  the  term  of  six  months  after  the  declaration  thereof  shall  be 
allowed  to  the  merchants  and  other  citizens  and  inhabitants  respec- 
tively, on  each  side,  during  which  time  they  shall  be  at  liberty  to  with- 
draw themselves,  with  their  effects  and  movables,  which  they  shall 
have  the  right  to  carry  away,  send  away,  or  sell,  as  they  please,  with- 
out the  least  obstruction ; nor  shall  their  effects,  much  less  their  per- 
sons, be  seized  during  such  term  of  six  months;  which  immunity  is 
not  in  any  Avay  to  be  construed  to  prevent  the  execution  of  any  ex- 
isting civil  or  commercial  engagements;  on  the  contrary,  passports 
shall  be  valid  for  a term  necessary  for  their  return,  and  shall  be  given 
to  them  for  their  vessels  and  their  effects  which  they  may  wish  to 
carry  with  them  or  send  away,  and  such  passports  shall  be  a safe  con- 
duct against  the  insults  and  captures  which  privateers  may  attempt 
against  their  persons  and  effects. 

Article  IV. 

Neither  the  money,  debts,  shares  in  the  public  funds  or  in  banks,  or 
any  other  property,  of  either  party,  shall  ever,  in  the  event  of  war  or 
national  difference,  be  sequestered  or  confiscated. 

Ajiticle  V. 

The  citizens  of  each  of  the  high  contracting  parties,  residing  or 
established  in  the  territory  of  the  other,  shall  be  exempt  from  all 
compulsory  military  duty  by  sea  or  by  land,  and  from  all  forced 


HAYTI — ^1864. 


923 


loans  or  military  exactions  or  requisitions;  nor  shall  they  be  com- 
pelled to  j^ay  any  contributions  whatever  higher  or  other  than  those 
that  are  or  may  be  paid  by  native  citizens. 

Article  VI. 

The  citizens  of  each  of  the  contracting  parties  shall  be  permitted  to 
enter,  sojourn,  settle,  and  reside  in  all  parts  of  the  territories  of  the 
other,  engage  in  business,  hire  and  occupy  warehouses,  provided  they 
submit  to  the  laws,  as  well  general  as  special,  relative  to  the  rights  of 
travelling,  residing,  or  trading.  While  they  conform  to  the  laws  and 
regulations  in  force,  they  shall  be  at  liberty  to  manage  themselves 
their  own  business,  subject  to  the  jurisdiction  of  either  party  respec- 
tively, as  well  as  in  respect  to  the  consignment  and  sale  of  their  goods 
as  with  respect  to  the  loading,  unloading,  and  sending  off  their  ves- 
sels. They  may  also  employ  such  agents  or  brokers  as  they  may  deem 
proper;  it  being  distinctly  understood  that  they  are  subject  also  to  the 
same  laws. 

The  citizens  of  the  contracting  parties  shall  have  free  access  to  the 
tribunals  of  justice,  in  all  cases  to  which  they  may  be  a party,  on  the 
same  terms  which  are  granted  by  the  laws  and  usage  of  the  country 
to  native* citizens,  furnishing  security  in  the  cases  required ; for  which 
purpose  they  may  employ  in  the  defence  of  their  interests  and  rights 
such  advocates,  solicitors,  attorneys,  and  other  agents  as  they  may 
think  proper,  agreeably  to  the  laws  and  usage  of  the  country. 

Article  VII. 

There  shall  be  no  examination  or  inspection  of  the  books,  papers,  or 
accounts  of  the  citizens  of  either  country  residing  within  the  juris- 
diction of  the  other  without  the  legal  order  of  a competent  tribunal 
or  judge. 

Article  VIII. 

The  citizens  of  each  of  the  high  contracting  parties,  residing  with- 
in the  territory  of  the  other,  shall  enjoy  full  liberty  of  conscience. 
They  shall  not  be  disturbed  or  molested  on  account  of  their  religious 
opinions  or  worship  provided  they  respect  the  laws  and  established 
customs  of  the  country.  And  the  bodies  of  the  citizens  of  the  one 
who  may  die  in  the  territory  of  the  other  shall  be  interred  in  the 
public  cemeteries,  or  in  other  decent  places  of  burial,  which  shall  be 
protected  from  all  violation  or  insult  by  the  local  authorities. 

Article  IX. 

The  citizens  of  each  of  the  high  contracting  parties,  within  the 
jurisdiction  of  the  other,  shall  have  power  to  dispose  of  their  per- 
sonal property  by  sale,  donation,  testament,  or  otherwise;  and  their 
personal  representatives,  being  citizens  of  the  other  contracting  party, 
shall  succeed  to  their  personal  property,  whether  by  testament  or  ab 
intestato.  They  may  take  possession  thereof,  either  by  themselves 
or  by  others  acting  for  them,  at  their  pleasure,  and  dispose  of  the 
same,  paying  such  duty  only  as  the  citizens  of  the  country  wherein 
the  said  personal  property  is  situated  shall  be  subject  to  pay  in  like 


924 


TREATIES,  CONVENTIONS,  ETC. 


cases.  In  the  absence  of  a personal  representative,  the  same  care 
shall  be  taken  of  the  property  as  by  law  would  be  taken  of  the  prop- 
erty of  a native  in  a similar  case,  while  the  lawful  owner  may  take 
measures  for  securing  it.  If  a question  as  to  the  rightful  ownership 
of  the  property  should  arise  among  claimants,  the  same  shall  be  de- 
termined by  the  judicial  tribunals  of  the  country  in  which  it  is 
situated. 

Article  X. 

The  high  contracting  parties  hereby  agree  that  whatever  kind  of 
produce,  manufactures,  or  merchandise  of  any  foreign  country  can 
be,  from  time  to  time,  lawfully  imported  into  the  United  States  in 
their  own  vessels,  may  also  be  imported  in  the  vessels  of  the  Eepublic 
of  Hayti,  and  no  higher  or  other  duties  upon  the  tonnage  or  cargo  of 
the  vessels  shall  be  levied  or  collected  than  shall  be  levied  or  collected 
of  the  vessels  of  the  most  favored  nation. 

And  reciprocally,  whatever  kind  of  produce,  manufactures,  or  mer- 
chandise of  any  foreign  country  can  be,  from  time  to  time,  lawfully 
imported  into  Hayti  in  her  own  vessels,  may  be  also  imported  in  the 
vessels  of  the  United  States,  and  no  higher  or  other  duties  upon  the 
tonnage  or  cargo  of  the  vessels  shall  be  levied  or  collected  than  shall 
be  levied  or  collected  of  the  vessels  of  the  most  favored  nation. 

Article  XI. 

It  is  also  hereby  agreed  that  whatever  may  be  lawfully  exported 
or  re-exported  from  the  one  country  in  its  own  vessels,  to  any  foreign 
country,  may  in  like  manner  be  exjiorted  or  re-exjiorted  in  vessels  of 
the  other;  and  the  same  duties,  bounties,  and  drawbacks  shall  be  col- 
lected and  allowed  as  are  collected  of  and  allowed  to  the  most  favored 
nation. 

It  is  also  understood  that  the  foregoing  principles  shall  apply, 
whetlier  the  vessels  shall  have  cleared  directly  from  the  ports  of  the 
nation  to  which  they  appertain,  or  from  the  ports  of  any  other  nation. 

Article  XII. 

The  provisions  of  this  treaty  are  not  to  be  understood  as  applying 
to  the  coasting  trade  of  the  contracting  parties,  which  is  respectively 
reserved  by  each  exclusively,  to  be  regulated  by  its  own  laws. 

Article  XIII. 

No  higher  or  other  duties  shall  be  imposed  on  the  importation  into 
the  United  States  of  any  article  the  growth,  produce,  or  manufacture 
of  Hayti  or  her  fisheries;  and  no  higher  or  other  duties  shall  be  im- 
posed on  the  importation  into  Hayti  of  any  article  the  growth,  prod- 
uce, or  manufacture  of  the  United  States  or  their  fisheries,  than  are 
or  shall  be  payable  on  the  like  articles  the  growth,  produce,  or  manu- 
facture of  any  other  foreign  countrj^  or  its  fisheries. 

No  other  or  higher  duties  or  charges  shall  be  imposed  in  the  United 
States  on  the  exportation  of  any  article  to  Hayti,  nor  in  Hayti  on 
the  exportation  of  any  article  to  the  United  States,  than  such  as  are 
or  shall  be  payable  on  the  exportation  of  the  like  article  to  any  for- 
eign country. 


HAYTI ^1864. 


925 


No  prohibition  shall  be  imposed  on  the  importation  of  any  article 
the  growth,  produce,  or  manufacture  of  the  United  States  or  their 
fisheries,  or  of  Hayti  and  her  fisheries,  from  or  to  the  ports  of  the 
United  States  or  Hayti,  which  shall  not  equally  extend  to  any  other 
foreign  country. 

Article  XIV. 

It  is  hereby  agreed  that  if  either  of  the  high  contracting  parties 
should  hereafter  impose  discriminating  duties  upon  the  products  of 
any  other  nation,  the  other  party  shall  be  at  liberty  to  determine  the 
origin  of  its  own  products  intended  to  enter  the  country  by  which 
the  discriminating  duties  are  imposed. 

Article  XV. 

Whenever  the  citizens  of  either  of  the  contracting  parties  shall  be 
forced  to  seek  refuge  or  asylum  in  the  rivers,  ports,  or  dominions  of 
the  other  with  their  vessels,  whether  merchant  or  war,  through  stress 
of  weather,  pursuit  of  pirates  or  enemies,  or  want  of  provisions  or 
water,  they  shall  be  received  and  treated  with  humanity,  giving  to 
them  all  favor  and  protection  for  repairing  their  vessels,  and  placing 
themselves  in  a condition  to  continue  their  voyage  without  obstacle 
or  hindrance  of  any  kind. 

And  the  provisions  of  this  article  shall  apply  to  privateers  or  pri- 
vate vessels  of  war,  as  well  as  public,  until  the  two  high  contracting 
parties  may  relinquish  that  mode  of  warfare,  in  consideration  of  the 
general  relinquishment  of  the  right  of  capture  of  private  property 
upon  the  high  seas. 

Article  XVI. 

Vdien  any  vessel  of  either  party  shall  be  wrecked,  stranded,  or 
otherwise  damaged  on  the  coasts  or  within  the  jurisdiction  of  the 
other,  their  respective  citizens  shall  receive,  as  w^ell  for  themselves 
as  for  their  vessels  and  effects,  the  same  assistance  which  would  be 
due  to  the  inhabitants  of  the  country  where  the  accident  happened; 
and  they  shall  be  liable  to  pay  the  same  charges  and  dues  of  salvage 
as  the  said  inhabitants  would  be  liable  to  pay  in  like  cases. 

If  the  repairs  which  a stranded  vessel  may  require  shall  render  it 
necessary  that  the  whole  or  any  part  of  her  cargo  should  be  unloaded, 
no  duties  of  custom,  charges,  or  fees  on  such  cargo  as  may  be  carried 
away  shall  be  paid,  except  such  as  are  payaMe  in  like  cases  by 
national  vessels. 

Article  XVII. 

It  shall  be  lawful  for  the  citizens  of  either  Republic  to  sail  with 
their  ships  and  merchandise  (contraband  goods  excepted)  with  all 
manner  of  liberty  and  security,  no  distinction  being  made  who  are 
the  proprietors  of  the  merchandise  laden  thereon,  from  any  port  to 
the  places  of  those  who  now  are,  or  hereafter  shall  be,  at  enmity 
with  either  of  the  contracting  parties. 

It  shall  likewise  be  lawful  for  the  citizens  aforesaid  to  sail  with 
their  ships  and  merchandises  before  mentioned,  and  to  trade  with  the 
same  liberty  and  security,  not  only  from  ports  and  places  of  those 


926 


TREATIES,  CONVENTIONS,  ETC. 


who  are  enemies  of  both  or  either  party,  to  ports  of  the  other,  and  to 
neutral  places,  but  also  from  one  place  belonging  to  an  enemy  to  an- 
other place  belonging  to  an  enemy,  whether  they  be  under  the  juris- 
diction of  one  or  several  Powers,  unless  such  ports  or  places  are  block- 
aded, besieged,  or  invested. 

Article  XVIII. 

And  whereas  it  frequently  happens  that  vessels  sail  for  a port  or 
place  belonging  to  an  enemy  without  knowing  that  the  same  is  either 
besieged,  blockaded,  or  invested,  it  is  hereby  agreed  by  the  high  con- 
tracting parties  that  every  vessel  so  circumstanced  may  be  turned 
away  from  such  port  or  place,  but  she  shall  not  be  detained,  nor  any 
part  of  her  cargo,  if  not  contraband,  be  confiscated,  unless,  after  no- 
tice of  such  blockade  or  investment,  she  shall  again  attempt  to  enter ; 
but  she  shall  be  permitted  to  go  to  any  other  port  or  place  she  shall 
think  proper,  provided  the  same  be  not  blockaded,  besieged,  or  in- 
vested. Nor  shall  any  vessel  of  either  of  the  parties  that  may  have 
entered  into  such  port  or  place  before  the  same  was  actually  besieged, 
blockaded,  or  invested  by  the  other,  be  restrained  from  quitting  such 
place  with  her  cargo,  nor,  if  found  therein  after  the  reduction  and 
surrender  of  such  place,  shall  such  vessel  or  her  cargo  be  liable  to 
confiscation,  but  they  shall  be  restored  to  the  owners  thereof. 

Article  XIX. 

The  two  high  contracting  parties  recognize  as  permanent  and  im- 
mutable the  following  principles,  to  wit: 

1st.  That  free  ships  make  free  goods ; that  is  to  say,  that  the  effects 
or  goods  belonging  to  subjects  or  citizens  of  a Power  or  State  at  war 
are  free  from  capture  or  confiscation  when  found  on  board  neutral 
vessels,  with  the  exception  of  articles  contraband  of  war. 

2nd.  That  the  property  of  neutrals  on  board  of  an  enemy’s  vessel 
is  not  subject  to  confiscation,  unless  the  same  be  contraband  of  war. 

The  like  neutrality  shall  be  extended  to  persons  who  are  on  board 
a neutral  ship,  with  this  effect,  that  although  they  may  be  enemies  of 
both  or  either  party,  they  are  not  to  be  taken  out  of  that  ship  unless 
they  are  officers  or  soldiers,  and  in  the  actual  service  of  the  enemy. 
The  contracting  parties  engage  to  apply  these  principles  to  the  com- 
merce and  navigation  of  all  such  Powers  and  States  as  shall  consent 
to  adopt  them  as  permanent  and  immutable. 

Article  XX. 

The  liberty  of  navigation  and  commerce  shall  extend  to  all  kinds  of 
merchandise,  excepting  those  only  which  are  distinguished  by  the 
name  of  contraband  of  war,  and  under  this  name  shall  be  compre- 
hended— 

1.  Cannons,  mortars,  howitzers,  swivels,  blunderbusses,  muskets, 
fusees,  rifles,  carbines,  pistols,  pikes,  swords,  sabres,  lances,  spears,  hal- 
berds, grenades,  bombs,  powder,  matches,  balls,  and  everything  be- 
longing to  the  use  of  arms. 

2.  Bucklers,  helmets,  breastplates,  coats  of  mail,  accoutrements,  and 
clothes  made  up  in  military  form  and  for  military  use. 

3.  Cavalry  belts  and  horses,  with  their  harness. 


HAYTI — 1864. 


927 


4.  And,  generally,  all  offensive  or  defensive  arms,  made  of  iron, 
steel,  brass,  copper,  or  of  any  other  material  prepared  and  formed  to 
make  war  by  land  or  at  sea. 

Article  XXI. 

All  other  merchandises  and  things  not  comprehended  in  the  arti- 
cles of  contraband  explicitly  enumerated  and  classified  as  above  shall 
be  held  and  considered  as  free,  and  subjects  of  free  and  lawful  com- 
merce, so  that  they  be  carried  and  transported  in  the  freest  manner 
by  the  citizens  of  both  the  contracting  parties,  even  to  places  belong- 
ing to  an  enemy,  excepting  only  those  places  which  are  at  the  time 
besieged  or  blockaded. 

Article  XXII. 

In  time  of  war  the  merchant  ships  belonging  to  the  citizens  of 
either  of  the  contracting  parties  which  shall  be  bound  to  a port  of  the 
enemy  of  one  of  the  parties,  and  concerning  whose  voyage  and  the 
articles  of  their  cargo  there  may  be  just  grounds  of  suspicion,  shall 
be  obliged  to  exhibit  not  only  their  passports,  but  likewise  their  cer- 
tificates, showing  that  their  goods  are  not  of  the  quality  of  those 
specified  as  contraband  in  this  treaty. 

Article  XXIII. 

To  avoid  all  kind  of  vexation  and  abuse  in  the  examination  of  the 
papers  relating  to  the  ownership  of  the  vessels  belonging  to  the  citi- 
zens of  the  contracting  parties,  it  is  hereby  agreed  that  when  one 
party  shall  be  engaged  in  war,  and  the  other  party  shall  be  neutral, 
the  vessels  of  the  neutral  party  shall  be  furnished  with  passports,  that 
it  may  appear  thereby  that  they  really  belong  to  citizens  of  the 
neutral  party.  These  passjDorts  shall  be  valid  for  any  number  of 
voyages,  but  shall  be  renewed  every  year. 

If  the  vessels  are  laden,  in  addition  to  the  passports  above  named 
they  shall  be  provided  with  certificates,  in  due  form,  made  out  by  the 
officers  of  the  jilace  whence  they  sailed,  so  that  it  may  be  known 
whether  they  carry  any  contraband  goods.  And  if  it  shall  not  appear 
from  the  said  certificates  that  there  are  contraband  goods  on  board, 
the  vessels  shall  be  permitted  to  proceed  on  their  voyage.  If  it  shall 
appear  from  the  certificates  that  there  are  contraband  goods  on  board 
any  such  vessel,  and  the  commander  of  the  same  shall  offer  to  deliver 
them  up,  that  offer  shall  be  accepted  and  a receipt  for  the  same  shall 
be  given,  and  the  vessel  shall  be  at  liberty  to  pursue  her  voyage 
unless  the  quantity  of  contraband  goods  be  greater  than  can  be  con- 
veniently received  on  board  the  ship  of  war  or  privateer,  in  which 
case,  as  in  all  other  cases  of  just  detention,  the  vessel  shall  be  carried 
to  the  nearest  safe  and  convenient  port  for  the  delivery  of  the  same. 

In  case  any  vessel  shall  not  be  furnished  with  such  passport  or  cer- 
tificates as  are  above  required  for  the  same,  such  case  may  be  ex- 
amined by  a proper  judge  or  tribunal;  and  if  it  shall  appear  from 
other  documents  or  proofs,  admissible  by  the  usage  of  nations,  that 
the  vessel  belongs  to  citizens  or  subjects  of  the  neutral  party,  it  shall 
not  be  confiscated,  but  shall  be  released  with  her  cargo,  (contraband 
goods  excepted,)  and  be  permitted  to  proceed  on  her  voyage. 


928 


TREATIES,  CONVENTIONS,  ETC. 

Article  XXIV. 


In  order  to  prevent  all  kinds  of  disorder  in  the  visiting  and  exami- 
nation of  the  vessels  and  cargoes  of  both  the  contracting  parties  on 
the  high  seas,  it  is  hereby  agreed  that  whenever  a ship  of  war  shall 
meet  with  a neutral  of  the  other  contracting  party,  the  first  shall 
remain  at  a convenient  distance,  and  may  send  its  boats,  with  two  or 
three  men  only,  in  order  to  execute  the  examination  of  the  papers 
concerning  the  ownership  and  cargo  of  the  vessel,  without  causing  the 
least  extortion,  violence,  or  ill-treatment,  for  which  the  commanders 
of  the  said  armed  ships  shall  be  responsible  with  their  persons  and 
property ; for  which  jiurpose  the  commanders  of  all  private  armed 
vessels  shall,  before  receiving  their  commissions,  give  sufiicient  secur- 
ity to  answer  for  all  damages  they  may  commit;  and  it  is  hereby 
agreed  and  understood  that  the  neutral  party  shall  in  no  case  be 
required  to  go  on  board  the  examining  vessel  for  the  purpose  of 
exhibiting  his  papers,  or  for  any  purpose  whatever. 

Article  XXV. 

It  is  expressly  agreed  by  the  high  contracting  parties  that  the  stip- 
ulations before  mentioned,  relative  to  the  conduct  to  be  observed  on 
the  sea  by  the  cruisers  of  the  belligerent  party  toward  the  ships  of 
the  neutral  party,  shall  be  applicable  only  to  ships  sailing  without  a 
convoy;  and  when  the  said  ships  shall  be  convoyed,  it  being  the  in- 
tention of  the  parties  to  observe  all  the  regards  due  to  the  protection 
of  the  flag  displayed  by  public  ships,  it  shall  not  be  lawful  to  visit 
them;  but  the  verbal  declaration  of  the  commander  of  the  convoy 
that  the  ships  he  convoys  belong  to  the  nation  whose  flag  he  carries, 
and  that  they  have  no  contraband  goods  on  board,  shall  be  considered 
by  the  respective  cruisers  as  fully  sufficient;  the  two  parties  recipro- 
cally engaging  not  to  admit,  under  the  protection  of  their  convoys, 
ships  which  shall  have  on  board  contraband  goods  destined  to  an 
enemy. 

Article  XXVI. 

"Whenever  vessels  shall  be  captured  or  detained,  to  be  carried  into 
port  under  pretence  of  carrying  to  the  enemy  contraband  goods,  the 
captor  shall  give  a receipt  for  such  of  the  papers  of  the  vessel  as  he 
shall  retain,  which  receipt  shall  be  annexed  to  a copy  of  said  papers ; 
and  it  shall  be  unlawful  to  break  up  or  open  the  hatches,  chests, 
trunks,  casks,  bales,  or  vessels  found  on  board,  or  remove  the  small- 
est part  of  the  goods,  unless  the  lading  be  brought  on  shore  in  pres- 
ence of  the  competent  officers,  and  an  inventory  be  made  by  them 
of  the  same.  Nor  shall  it  be  lawful  to  sell,  exchange,  or  alienate  the 
said  articles  of  contraband  in  any  manner,  unless  there  shall  have 
been  lawful  process,  and  the  competent  judge  or  judges  shall  have 
pronounced  against  such  goods  sentence  of  confiscation. 

Article  XXVII. 

That  proper  care  may  be  taken  of  the  vessel  and  cargo,  and  em- 
bezzlement prevented  in  time  of  war,  it  is  hereby  agreed  that  it  shall 
not  be  lawful  to  remove  the  master,  commander,  or  supercargo  of  any 


HAYTI — 1864. 


929 


captured  vessel  from  on  board  thereof,  during  the  time  the  vessel 
may  be  at  sea  after  her  capture,  or  pending  the  proceedings  against 
her  or  her  cargo,  or  anything  relating  thereto ; and  in  all  cases  where 
a vessel  of  the  citizens  of  either  party  shall  be  captured  or  seized 
and  held  for  adjudication,  her  officers,  passengers,  and  crew  shall  be 
hospitably  treated.  They  shall  not  be  imprisoned  or  deprived  of  any 
part  of  their  wearing  apparel,  nor  of  the  possession  and  use  of  their 
money,  not  exceeding  for  the  captain,  supercargo,  mate,  and  passen- 
gers five  hundred  dollars  each,  and  for  the  sailors  one  hundred  dol- 
lars each. 

Akticle  XXVIII. 

It  is  further  agreed  that  in  all  cases  the  established  courts  for 
prize  causes,  in  the  country  to  which  the  prizes  may  be  conducted, 
shall  alone  take  cognizance  of  them.  And  whenever  such  tribunal  of 
either  of  the  parties  shall  pronounce  judgment  against  any  vessel, 
or  goods,  or  property  claimed  by  the  citizens  of  the  other  party,  the 
sentence  or  decree  shall  mention  the  reasons  or  motives  on  which  the 
same  shall  have  been  founded,  and  an  authenticated  copy  of  the  sen- 
tence or  decree,  and  all  of  the  proceedings  in  the  case,  shall,  if  de- 
manded, be  delivered  to  the  commander  or  agent  of  the  said  vessel 
without  any  delay,  he  paying  the  legal  fees  for  the  same. 

Article  XXIX, 

When  the  ships  of  war  of  the  two  contracting  parties,  or  those  be- 
longing to  their  citizens  which  are  armed  in  war,  shall  be  admitted 
to  enter  with  their  prizes  the  ports  of  either  of  the  two  parties,  the 
said  public  or  private  ships,  as  well  as  their  prizes,  shall  not  be 
obliged  to  pay  any  duty  either  to  the  officers  of  the  place,  the  judges, 
or  any  others;  nor  shall  such  prizes,  when  they  come  to  and  enter  the 
ports  of  either  party,  be  arrested  or  seized,  nor  shall  the  officers  of  the 
place  make  examination  concerning  the  lawfulness  of  such  prizes; 
but  they  may  hoist  sail  at  any  time  and  depart  and  carry  their  prizes 
to  the  places  expressed  in  their  commissions,  which  the  commanders 
of  such  ships  shall  be  obliged  to  show.  It  is  understood,  however, 
that  the  privileges  conferred  by  this  article  shall  not  extend  beyond 
those  allowed  by  law  or  by  treaty  with  the  most  favored  nation. 

Article  XXX. 

It  shall  not  be  lawful  for  any  foreign  privateers  who  have  commis- 
sions from  any  Prince  or  State  in  enmity  with  either  nation  to  fit 
their  ships  in  the  ports  of  either,  to  sell  their  prizes,  or  in  any  man- 
ner to  exchange  them ; neither  shall  they  be  allowed  to  purchase  pro- 
visions, except  such  as  shall  be  necessary  to  their  going  to  the  next 
port  of  that  Prince  or  State  from  which  they  have  received  their 
commissions. 

Article  XXXI. 

No  citizen  of  Hayti  shall  apply  for  or  take  any  commission  or  let- 
ters of  marque  for  arming  any  ship  or  ships  to  act  as  privateers 
against  the  said  United  States,  or  any  of  them,  or  against  the  citi- 
24449— VOL  1—10 59 


930 


TREATIES,  CONVENTIONS,  ETC. 


zens,  people,  or  inhabitants  of  the  said  United  States,  or  any  of  them, 
or  against  the  property  of  any  of  the  inhabitants  of  any  of  them, 
from  any  Prince  or  State  with  which  the  said  United  States  shall  be 
at  war ; nor  shall  any  citizen  of  the  said  United  States,  or  of  any  of 
them,  apply  for  or  take  any  commission  or  letters  of  marque  for  arm- 
ing any  ship  or  ships  to  act  as  privateers  against  the  citizens  or  in- 
habitants of  Hayti,  or  any  of  them,  or  the  property  of  any  of  them, 
from  any  Prince  or  State  with  which  the  said  Republic  shall  be  at 
war;  and  if  any  person  of  either  nation  shall  take  such  commission 
or  letters  of  marque,  he  shall  be  punished  according  to  their  re- 
spective laws. 

Article  XXXIL 

The  high  contracting  parties,  desiring  to  avoid  all  inequality  in 
their  public  communications  and  official  intercourse,  agree  to  grant 
to  their  Envoys,  Ministers,  and  other  diplomatic  agents,  the  same 
favors,  privileges,  immunities,  and  exemptions  which  the  most 
favored  nations  do  or  shall  enjoy;  it  being  understood  that  whatever 
favors,  privileges,  immunities,  or  exemptions,  the  United  States  of 
America  or  the  Republic  of  Playti  may  find  it  proper  to  give  to  the 
Envoys,  Ministers,  and  other  diplomatic  agents,  of  any  other  Power, 
shall  by  the  same  act  be  extended  to  those  of  each  of  the  contracting 
parties. 

Article  XXXIII. 

To  protect  more  effectually  the  commerce  and  navigation  of  their 
respective  citizens,  the  United  States  of  America  and  the  Republic  of 
Hayti  agree  to  admit  and  receive,  mutually.  Consuls  and  Vice-Con- 
suls in  all  their  ports  open  to  foreign  commerce,  who  shall  enjoy, 
within  their  respective  consular  districts,  all  the  rights,  prerogatives, 
and  immunities  of  the  Consuls  and  Vice-Consuls  of  the  most  favored 
nation. 

Article  XXXIV. 

In  order  that  the  Consuls  and  Vice-Consuls  of  the  two  contracting 
parties  may  enjoy  the  rights,  prerogatives,  and  immunities  which  be- 
long to  them  by  their  public  character,  they  shall,  before  exercising 
their  official  functions,  exhibit  to  the  Government  to  which  they  are 
accredited  their  commissions  or  patents  in  due  form ; and,  having  ob- 
tained their  exequatur,  they  shall  be  acknowledged,  in  their  official 
character,  by  the  authorities,  magistrates,  and  inhabitants,  in  the 
consular  district  in  which  they  reside. 

Article  XXXV. 

It  is  also  agreed  that  the  Consuls,  their  secretaries,  officers,  and  per- 
sons attached  to  the  service  of  Consuls,  they  not  being  citizens  of  the 
country  in  which  the  Consul  resides,  shall  be  exempt  from  all  kinds 
of  imposts,  taxes,  and  contributions,  except  those  which  they  shall  be 
obliged  to  pay  on  account  of  their  commerce  or  property,  to  which 
the  citizens  or  inhabitants,  native  or  foreign,  of  the  country  in  which 
they  reside,  are  subject;  being,  in  everything  besides,  subject  to  the 
laws  of  the  respective  States.  The  archives  and  papers  of  the  con- 
sulates shall  be  respected  inviolably;  and  under  no  pretext  whatever 
shall  any  person,  magistrate,  or  other  public  authority  seize  or  in  any 
way  interfere  with  them. 


931 


foreign  missions  library, 

156  Fifth  te.Y^*rk. 

Article  XXXVL 

The  said  Consuls  and  Vice-Consuls  shall  have  power  to  require  the 
assistance  of  the  authorities  of  the  country  for  the  arrest,  detention, 
and  custody  of  deserters  from  the  ships  of  war  and  merchant  ves- 
sels of  their  country.  For  this  purpose  they  shall  apply  to  the 
competent  tribunals,  judges,  and  officers,  and  shall,  in  writing,  de- 
mand such  deserters,  proving  by  the  exhibition  of  the  registers  of 
the  vessels,  the  muster-rolls  of  the  crews,  or  by  any  other  official  docu- 
ments, that  such  individuals  formed  a part  of  the  crews;  and  on 
this  claim  being  substantiated,  the  surrender  shall  not  be  refused. 
Such  deserters,  when  arrested,  shall  be  placed  at  the  disposal  of  the 
Consuls  and  Vice-Consuls,  and  may  be  confined  in  the  public  prisons 
at  the  request  and  cost  of  those  who  shall  claim  them,  in  order  to  be 
sent  to  the  vessels  to  which  they  belong,  or  to  others  of  the  same  coun- 
try. But  if  not  sent  back  within  three  months,  to  be  counted  from 
the  day  of  their  arrest,  they  shall  be  set  at  liberty,  and  shall  not  again 
be  arrested  for  the  same  cause. 

Article  XXXVII. 

For  the  purpose  of  more  effectually  protecting  their  commerce  and 
navigation,  the  two  contracting  parties  do  hereby  agree,  as  soon  here- 
after as  circumstances  will  permit,  to  form  a consular  convention, 
which  shall  declare  specially  the  powers  and  immunities  of  the  Con- 
suls and  Vice-Consuls  of  the  respective  parties. 

Article  XXXVIII. 

It  is  agreed  that  the  high  contracting  parties  shall,  on  requisitions 
made  in  their  name,  through  the  medium  of  their  respective  diplo- 
matic agents,  deliver  up  to  justice  persons  who,  being  charged  with 
the  crimes  enumerated  in  the  following  article,  committed  within  the 
jurisdiction  of  the  requiring  party,  shall  seek  an  asjdum  or  shall  be 
found  within  the  territories  of  the  other:  Provided^  That  this  shall 
be  done  only  when  the  fact  of  the  commission  of  the  crime  shall  be 
so  established  as  to  justify  their  apprehension  and  commitment  for 
trial,  if  the  crime  had  been  committed  in  the  country  where  the  per- 
sons so  accused  shall  be  found ; in  all  of  which  the  tribunals  of  said 
country  shall  proceed  and  decide  according  to  their  own  laws. 

Article  XXXIX. 

Persons  shall  be  delivered  up,  according  to  the  provisions  of  this 
treaty,  who  shall  be  charged  with  any  of  the  following  crimes,  to  wit : 
murder,  (including  assassination,  parricide,  infanticide,  and  poison- 
ing,) attempt  to  commit  murder,  piracy,  rape,  forgery,  the  counter- 
feiting of  money,  the  utterance  of  forged  paper,  arson,  robbery,  and 
embezzlement  by  public  officers,  or  by  persons  hired  or  salaried,  to  the 
detriment  of  their  employers,  when  these  crimes  are  subject  to  infa- 
mous punishment. 

Article  XL. 

The  surrender  shall  be  made,  on  the  part  of  each  country,  only  by 
the  authority  of  the  Executive  thereof.  The  expenses  of  the  deten- 


932 


TREATIES,  CONVENTIONS,  ETC. 


tion  and  delivery,  effected  in  virtue  of  the  preceding  articles,  shall  be 
at  the  cost  of  the  party  making  the  demand. 

Article  XLI. 

The  provisions  of  the  foregoing  articles  relating  to  the  extradition 
of  fugitive  criminals  shall  not  apply  to  offences  committed  before  the 
date  hereof,  nor  to  those  of  a political  character.  Neither  of  the  con- 
tracting parties  shall  be  bound  to  deliver  up  its  own  citizens  under 
the  provisions  of  this  treaty. 

Article  XLII. 

The  present  treaty  shall  remain  in  force  for  the  term  of  eight  years, 
dating  from  the  exchange  of  ratifications;  and  if  one  year  before  the 
expiration  of  that  period  neither  of  the  contracting  parties  shall  have 
given  notice  to  the  other  of  its  intention  to  terminate  the  same,  it 
shall  continue  in  force,  from  year  to  year,  until  one  year  after  an 
official  notification  to  terminate  the  same,  as  aforesaid. 

Article  XLIII. 

The  present  treaty  shall  be  submitted  on  both  sides  to  the  approval 
and  ratification  of  the  respective  competent  authorities  of  each  of  the 
contracting  parties,  and  the  ratifications  shall  be  exchanged  at  Wash- 
ington within  six  months  from  the  date  hereof,  or  sooner  if  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  the 
foregoing  articles,  in  the  English  and  French  languages,  and  they 
have  herunto  affixed  their  seals. 

Done,  in  duplicate,  at  the  city  of  Port  au  Prince,  this  third  day  of 
November,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty-four. 

[seal.]  B.  F.  Whidden. 

[seal.]  Boyer  Bazelais. 


1884. 

Protocol  of  an  Agreement  for  Submission  to  an  Arbitrator  of 
THE  Claims  of  Antonio  Pelletier  and  A.  H.  Lazare,  against 
Hayti. 

Signed  May  28,  1884-. 

protocol  of  an  agreement  for  the  submission  to  an  arbitrator  of 
THE  claims  known  AS  THE  PELLETIER  AND  LAZARE  CLAIMS  AGAINST 
HAYTI. 

Whereas,  the  Government  of  the  United  States  of  America  has  pre- 
sented to  the  Government  of  Hayti,  the  claims  of  Antonio  Pelletier 
and  A.  H.  Lazare  for  indemnity  for  acts  against  person  and  property 
alleged  to  have  been  done  by  Haytien  authorities;  and 
Whereas,  the  Government  of  Hayti  has  persistently  denied  its  lia- 
bility in  the  premises;  and 


HATTI — ^1884. 


933 


Whereas,  the  Honorable  William  Strong,  formerly  one  of  the 
Justices  of  the  Supreme  Court  of  the  United  States  of  America, 
inspires  both  the  contracting  parties  with  full  confidence  in  his  learn- 
ing, ability  and  impartiality:  therefore 

The  undersigned  Frederick  T.  Frelinghuysen,  Secretary  of  State 
of  the  United  States,  and  Stephen  Preston,  Envoy  Extraordinary  and 
Minister  Plenipotentiary  of  the  Eepublic  of  Hayti,  duly  empowered 
thereto  by  their  respective  Governments,  have  agreed  upon  the  stip- 
ulations contained  in  the  following  articles. 

AKTICnE  I. 

The  said  claims  of  Antonio  Pelletier  and  A.  H.  Lazare  against  the 
Eepublic  of  Hayti  shall  be  referred  to  the  said  Honorable  William 
Strong,  as  sole  Arbitrator  thereof,  in  conformity  with  the  conditions 
hereinafter  laid  down. 

AETICI.E  II. 

The  following  facts  as  to  these  two  claims  are  admitted  by  the 
Government  of  Hayti. 

AS  TO  ANTONIO  PELLETIER: 

That  Pelletier  was  master  of  the  bark  “ William  ”,  which  vessel  en- 
tered Fort  Liberte  about  the  date  claimed  (31st  of  March  1861)  ; 
that  the  master  and  crew  were  arrested  and  tried  on  a charge  of 
piracy  and  attempt  at  slave  trading;  that  Pelletier,  the  master,  was 
sentenced  to  be  shot  and  the  mate  and  other  members  of  the  crew  to 
various  terms  of  imprisonment;  that  the  Supreme  Court  of  Hayti 
reversed  the  judgment  as  to  Pelletier,  and  sent  the  case  to  the  Court 
at  Cape  Haytien,  where  he  was  retried,  and  sentenced  to  five  years’ 
imprisonment ; and  that  the  vessel,  with  her  tackle,  was  sold,  and  the 
proceeds  divided  between  the  Haytien  Government  and  the  party 
who,  claiming  to  have  suffered  by  her  acts,  proceeded  against  the 
vessel  in  a Haytian  tribunal. 

AS  TO  A.  H.  LAZARE  : 

That  Lazare  entered  into  a written  contract  with  the  Haytian  Gov- 
ernment, September  23,  1874,  for  the  establishment  of  a National 
Bank  at  Port-au-Prince,  with  branches, — the  capital  being  fixed  first 
at  $3,000,000,  and  afterwards  reduced  to  $1,500,000  of  which  capital 
the  Government  was  to  furnish  one-third  part  and  Lazare  two-thirds ; 
that  the  Bank  was  to  be  opened  in  one  year  from  the  date  of  the  con- 
tract, and  an  extension  of  forty-five  days  on  this  time  was  granted 
on  Lazare’s  request;  and  that  on  the  day  when  the  Bank  was  to  be 
opened  the  Haytian  Government,  alleging  that  Lazare  had  not  ful- 
filled his  part  of  the  engagement,  declared,  in  accordance  with  the 
stipulations  of  Article  24  of  the  agreement,  the  contract  null  and 
void,  and  forfeited  on  his,  Lazare’s,  part. 

\ 

Article  HI. 

The  said  Arbitrator  shall  receive  and  examine  all  papers  and  evi- 
dence relating  to  said  claims,  which  may  be  presented  to  him  on 
behalf  of  either  Government. 


934 


TREATIES,  CONVENTIONS,  ETC. 


If,  in  presence  of  such  papers  and  evidence  so  laid  before  him,  the 
said  Arbitrator  shall  request  further  evidence,  whether  documentary, 
or  by  testimony  given  under  oath  before  him  or  before  any  person 
duly  commissioned  to  that  end,  the  two  Governments,  or  either  of 
them,  engage  to  procure  and  furnish  such  further  evidence  by  all 
means  within  their  poiver,  and  all  pertinent  papers  on  file  with  either 
Government  shall  be  accessible  to  the  said  Arbitrator. 

Both  Governments  may  be  represented  before  said  Arbitrator  by 
Counsel,  who  may  submit  briefs,  and  may  also  be  heard  orally  if  so 
desired  by  the  Arbitrator. 

Article  IV. 

Before  entering  upon  the  discharge  of  his  duties,  the  said  Arbi- 
trator shall  subscribe  to  the  following  declaration : 

“ I do  solemnly  declare  that  I will  decide  impartially  the  claims  of 
Antonio  Pelletier  and  A.  H.  Lazare  preferred  on  behalf  of  the  Gov- 
ernment of  the  United  States  against  the  Government  of  the  Republic 
of  Hayti ; and  that  all  the  questions  laid  before  me  by  either  Govern- 
ment in  reference  to  said  claims  shall  be  decided  by  me  according  to 
the  rules  of  International  Law  existing  at  the  time  of  the  transactions 
complained  of.” 

Article  V. 

The  said  Arbitrator  shall  render  his  decision,  separately,  in  each  of 
the  aforesaid  cases,  within  one  j^ear  from  the  date  of  this  agreement. 

Article  VI. 

The  High  Contracting  parties  will  pay  equally  the  expenses  of  the 
Arbitration  hereby  provided ; and  they  agvee  to  accept  the  decision  of 
said  Arbitrator  in  each  of  said  cases,  as  final  and  binding,  and  to  give 
to  such  decision  full  effect  and  force,  in  good  faith,  ancl  without  un- 
necessary delay  or  any  reservation  or  evasion  whatsoever. 

In  witness  whereof,  the  undersigned  have  hereunto  set  their  hands 
and  seals  this  twenty-eighth  day  of  May,  1884. 

Fredk.  T.  Frelinghuysen.  [seal.] 
Stephen  Preston.  [seal.] 


1885. 

Additional  Protocol  of  Agreement  for  an  Extension  of  the  Term 
IN  Which  Decision  of  the  Umpire  Mai:  be  Given. 

Signed  March  20^  1885. 

additional  protocol  of  agreement  made  for  the  purpose  of  extend- 
ing TO  THE  28  JULY,  1885,  THE  TERM  PROVIDED  BY  THE  PROTOCOL  OF 
AGREEMENT  SIGNED  AT  WASHINGTON  FOR  THE  SUBMISSION  TO  AN  ARBI- 
TRATION OF  THE  CLAIJIS  CALLED  LAZARE  AND  PELLETIER. 

Whereas  the  Government  of  the  United  States  has  expressed  to 
the  Haytian  Government  the  belief  that  the  decision  of  the  Arbi- 
trator named  in  virtue  of  the  Protocol  of  agreement,  signed  at  Wash- 


HAYTI — 1885-1888. 


935 


ington,  the  28  May  1884,  for  the  consideration  of  the  said  claims  can- 
not be  rendered  the  28  May  next,  conformably  to  the  provisions  of 
Article  V.  of  the  said  Protocol ; 

Whereas  a new  delay  is  thus  recognized  as  necessary  to  favour 
the  decision  by  arbitration; 

Whereas  the  Government  of  the  United  States  having  proposed 
the  28  July  of  the  present  year  as  the  final  term,  the  Haytian  Gov- 
ernment, on  its  part  accepts  the  date  of  the  28  July,  1885  as  the  last 
delay  for  the  consideration  of  the  claims  Lazare  and  Pelletier; 

For  these  considerations  and  reasons; 

The  undersigned,  John  Mercer  Langston,  Minister  Resident  of  the 
United  States  of  America  in  Hayti,  and  Brenor  Prophete,  General 
of  Division,  Secretary  of  State  of  War  and  of  the  Marine,  charged 
par  interim  of  the  portfolio  of  Foreign  Relations,  duly  empowered 
by  their  respective  Governments,  have  concluded  the  agreement  con- 
tained in  the  following  article: 

Sole  Aeticle. 

The  date  of  the  28  July  1885,  is  fixed  as  the  last  delay  in  which 
shall  be  delivered  the  decision  of  the  Arbitrator  charged  to  consider 
the  claims  known  under  the  name  of  claims  Lazare  and  Pelletier. 

In  witness  whereof  the  undersigned  have  hereunto  set  their  hands 
and  seals  this  twentieth  day  of  the  month  of  March  1885. 

John  Mercer  Langston  [seal.] 

B.  Prophete.  [seal.] 


The  award  in  the  claims  of  Pelletier  and  Lazare  against  Haiti  was 
made  July  13,  1885,  in  the  sum  of  $57,250  and  $117,500,  respectively. 
This  award  was  set  aside  by  the  Secretary  of  State. 


1888. 

Protocol  of  an  Agreement  for  Submission  to  an  Arbitrator  of  the 
Claim  of  Charles  Adrien  van  Bokkelen. 

Signed  May  ^4?  1888. 

The  United  States  of  America  and  the  Republic  of  Hayti,  being 
mutually  desirous  of  maintaining  the  good  relations  that  have  so  long 
subsisted  between  them  and  of  removing,  for  that  purpose,  all  causes 
of  difference,  their  respective  representatives,  that  is  to  say : Thomas 
F.  Bayard,  Secretary  of  State  of  the  United  States,  and  Stephen 
Preston,  Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the 
Republic  of  Hayti,  have  agreed  upon  and  signed  the  following 
protocol : 

1.  It  having  been  claimed  on  the  part  of  the  United  States  that 
the  imprisonment  of  Charles  Adrien  Van  Bokkelen,  a citizen  of  the 
United  States,  in  Hayti,  was  in  derogation  of  the  rights  to  which  he 
was  entitled  as  a citizen  of  the  United  States  under  the  treaties 
between  the  United  States  and  Hayti,  which  the  Government  of  the 
latter  country  denies,  it  is  agreed  that  the  questions  raised  in  the  cor- 


936 


TREATIES,  CONVENTIONS,  ETC. 


respondence  between  the  two  Governments  in  regard  to  the  impris- 
onment of  the  said  Van  Bokkelen  shall  be  referred  to  the  decision  of 
a person  to  be  agreed  upon  by  the  Secretary  of  State  of  the  United 
States  and  the  Envoy  Extraordinary  and  Minister  Plenipotentiary 
of  the  Republic  of  Hayti. 

2.  The  referee  so  chosen  shall  decide  the  case  upon  such  papers  as 
may  be  presented  to  him  by  the  Secretary  of  State  of  the  United 
States  and  the  Minister  of  Hayti  respectively,  within  two  months 
after  the  date  of  his  appointment ; but  he  shall  not  take  into  consid- 
eration any  question  not  raised  in  the  correspondence  between  the  two 
Governments  prior  to  the  date  of  the  signature  of  this  protocol. 

3.  Each  Government  shall  submit  with  the  papers  presented  by  it  a 
brief  of  argument,  and  should  the  referee  so  desire,  he  may  require 
further  argument,  oral  or  written,  to  be  made  within  five  months 
from  the  date  of  his  appointment.  He  shall  render  his  decision  within 
six  months  from  said  date. 

4.  A reasonable  fee  to  the  Referee  shall  be  paid  by  the  Govern- 
ment of  Hayti. 

5.  Any  award  made  shall  be  final  and  conclusive  and,  if  in  favor 
of  the  claimant,  shall  be  paid  by  the  Government  of  Hayti  within 
twelve  (12)  months  of  the  date  of  such  award. 

Done  in  duplicate,  at  Washington  this  24th  day  of  May,  one  thou- 
sand eight  hundred  and  eighty-eight. 

T.  F.  BAYARD.  [seal.] 

STEPHEN  PRESTON,  [seal.] 


The  award  under  the  foregoing  protocol  was  rendered  on  Decem- 
ber 4, 1888,  under  which  the  claimant  was  awarded  the  sum  of  $60,000. 


1899. 

Protocol  of  an  Agreement.® 

Signed  at  W asMngton^  October  18, 1899. 

PROTOCOL  OF  AN  AGREEMENT  BETWEEN  THE  UNITED  STATES  AND  HAITI, 
FOR  THE  ARBITRATION  OF  THE  QUESTION  OF  THE  LIABILITY  AND 
AMOUNT  OF  DAMAGES  TO  BE  AWARDED  JOHN  D.  METZGER  AND  COMPANY. 

Signed  at  Washington,  October  18, 1899. 

Protocol  of  an  agreement  between  the  Secretary  of  State  of  the 
United  States  and  the  Envoy  Extraordinary  and  Minister  Plenipo- 
tentiary of  the  Republic  of  Haiti,  for  submission  to  an  arbitration  of 
the  question  of  liability  and  amount  of  damages  to  be  awarded  in 
favor  of  John  D.  Metzger  and  Company,  American  citizens,  against 
the  Republic  of  Haiti,  signed  at  Washington. 

The  United  States  of  America  and  the  Republic  of  Haiti,  through 
their  representatives,  John  Hay,  Secretary  of  State  of  the  United 
States  of  America,  and  J.  N.  Leger,  Envoy  Extraordinary  and  Min- 


“ Award,  page  939. 


HAYTI — 1899. 


937 


ister  Plenipotentiary  of  the  Eepublic  of  Haiti,  have  agreed  upon  and 
signed  the  following  protocol : — 

Whereas,  the  said  John  D.  Metzger  and  Company,  citizens  of  the 
United  States  of  America,  have  claimed,  through  the  Government  of 
the  United  States,  from  the  Government  of  Haiti,  indemnity  on  ac- 
count of  the  seiziire  and  sale  of  their  goods  at  Port-au-Prince  for  the 
non-payment  of  certain  license  taxes;  and  on  account  of  the  alleged 
failure  to  furnish  them  an  adequate  supply  of  water  for  the  operation 
of  their  mill  at  Port-au-Prince;  and  on  account  of  the  alleged  liability 
of  Haiti  on  account  of  a quantity  of  lumber  alleged  to  have  been  sold 
by  them  for  a Relief  Committee  on  the  occasion  of  devastation  by 
fire  at  Jacmel,  it  is  agreed  between  the  two  Governments: — 

I. 

That  the  question  of  the  liability  of  the  Republic  of  Haiti  to  pay 
an  indemnity  in  each  of  said  cases,  and,  if  so  found  by  the  arbitrator, 
the  further  question  of  the  amount  of  the  said  indemnity  to  be 
awarded,  shall  be  referred  to  the  Honorable  William  R.  Day,  some- 
time Secretary  of  State  of  the  United  States,  and  now  Judge  of  the 
Circuit  Court  thereof,  who  is  hereby  appointed  as  arbitrator  to  Irear 
said  causes  and  to  determine  the  questions  of  said  liability  and  the 
amount  of  said  indemnity,  if  any  is  found  by  said  arbitrator  to  be 
justly  due. 

The  Government  of  the  United  States  will  lay  before  the  arbitra- 
tor the  claimants’  evidence  and  all  correspondence,  either  between  the 
Haitien  Government  and  the  United  States  Minister  at  Port-au- 
Prince,  or  between  the  Department  of  State  and  the  Haitien  Minister 
at  Washington,  and  the  despatches  with  their  enclosures  from  the 
said  Minister,  reporting  documentary  or  other  evidence  to  the  Depart- 
ment of  State  in  relation  to  said  claims. 

Reciprocally,  the  Haitien  Government  shall  have  the  same  rights 
of  presentation  of  evidence  in  its  own  behalf,  as  are  above  stipulated 
for  the  Government  of  the  United  States. 

Each  Government  will  furnish  to  the  other  a duplicate  of  the  evi- 
dence and  correspondence  at  the  same  time  they  are  by  them  respec- 
tively laid  before  the  arbitrator. 

If,  in  the  opinion  of  the  arbitrator,  it  shall  be  deemed  desirable, 
in  the  interests  of  justice,  to  take  further  evidence,  he  shall  commu- 
nicate to  both  parties  his  opinion,  and  shall  indicate  the  questions  of 
fact  on  which  the  same  shall  be  taken.  Likewise,  either  Government, 
on  notice  to  the  other,  may  apply  to  him  for  that  purpose.  Each 
Government  shall,  in  case  the  arbitrator  orders  the  taking,  name  an 
agent  to  take  such  evidence,  in  its  own  behalf,  who  shall  each  have 
the  right  to  be  present  at  the  taking  thereof,  and  to  cross-examine 
the  witnesses  and  take  copies  of  documentary  evidence  offered  by 
the  other.  All  questions  of  procedure  shall  be  left  to  the  determina- 
tion of  the  arbitrator.  Each  Government  agrees  to  abide  by  such 
determination,  and  in  default  thereof,  the  said  arbitrator  may  pro- 
ceed in  such  manner  and  at  such  times  as  he  may  determine,  in  order 
to  close  the  proofs  and  make  final  award. 


938 


TREATIES,  CONVENTIONS,  ETC. 

III. 


The  Government  of  Haiti  agrees  to  pay  any  amount  or  amounts 
which  may  be  awarded  by  the  arbitrator,  if  he  finds  that  it  is  liable 
therefor. 

IV. 

The  evidence  is  to  be  submitted  to  the  arbitrator  and  finally  closed 
on  or  before  the  1st  day  of  March,  1900,  and  his  decision  is  to  be  ren- 
dered within  four  months  thereafter. 

Y. 

Each  Government  shall  furnish  to  the  arbitrator  an  argument  or 
brief  not  later  than  the  1st  day  of  April,  1900,  a copy  of  which  each 
party  shall  furnish  to  the  other  at  the  same  time  as  to  the  arbitrator, 
and  the  claimant  and  the  Commune  of  Port-au-Prince  may  also  file 
briefs  in  the  cause  on  the  same  terms;  but  the  arbitrator  need  not  for 
such  purpose  -delay  his  decision. 


VI. 

The  Government  of  Haiti  shall  pay  the  indemnity  awarded  by  the 
arbitrator,  if  any,  as  soon  as  the  Legislative  Assembly  of  Haiti  shall 
authorize  the  payment;  but  the  time  thus  allowed  shall  in  no  case 
exceed  six  months  from  the  day  the  decision  is  pronounced,  unless  an 
extension  of  time  of  its  payment  should  be  granted  by  the  Govern- 
ment of  the  United  States. 

VII. 

Eeasonable  compensation  to  the  arbitrator  for  all  his  services  and 
expenses,  and  the  other  expenses  of  said  arbitration,  are  to  be  paid 
in  equal  moieties  by  the  said  Governments. 

VIII. 

Any  award  given  by  the  arbitrator  shall  be  final  and  conclusive. 

Done  in  duplicate  in  English  and  in  French,  at  Washington,  this 
18th  day  of  October,  1899 

John  Hay 
J.  N.  Leger 


1900. 

SUPPLEAIENTAL  PROTOCOL. 

June  30  ^1900. 

Supplemental  protocol  to  the  agreement  of  October  18.  1899,  be- 
tween the  Secretary  of  State  of  the  United  States  and  the  Envoy 
Extraordinary  and  Minister  Plenipotentiary  of  the  Republic  of 
Haiti,  submitting  to  arbitration  the  claim  of  John  D.  INIetzgar  and 
Company  against  Haiti,  signed  at  Washington  June  30, 1900. 


HATTI — 1900-1902. 


939 


SUPPLEMENTART  PROTOCOL. 

Whereas  a protocol  was  signed  at  Washington  on  October  18,  1899, 
between  the  Secretary  of  State  of  the  United  States  and  the  Envoy 
Extraordinary  and  Minister  Plenipotentiary  of  the  Kepublic  of 
Haiti,  for  submission  to  an  arbitrator  of  certain  issues  involved  in 
the  claim  of  John  D.  Metzgar  and  Company  against  Haiti,  as 
specified  in  the  said  protocol;  and 

Whereas  it  is  stipulated  in  article  4 of  said  protocol  as  follows, 
to  wit: 

“ The  evidence  is  to  be  submitted  to  the  arbitrator  and  finally  closed 
on  or  before  the  1st  day  of  March  1900  and  his  decision  is  to  be  ren- 
dered within  four  months  thereafter ; ” 

It  is  agreed  between  the  two  Governments  that  said  article  4 be, 
and  the  same  is,  hereby,  amended  to  read  as  follows  to  wit : 

“ The  evidence  is  to  be  submitted  to  the  arbitrator  and  finally  closed 
on  or  before  the  1st  day  of  March,  1900,  and  his  decision  is  to  be 
rendered  by  the  first  day  of  October  1900.” 

Done  in  duplicate  in  English  and  French  at  Washington,  this  30th 
day  of  June  1900. 

John  Hay. 

J.  N.  Leger. 


The  arbitrator  under  the  foregoing  protocol,  the  Hon.  Wm.  R. 
Day,  rendered  his  award  on  the  27th  of  September,  1900,  awarding 
$23,000  in  favor  of  the  claimant. 


1902. 

Naturalization  Treaty. 

Concluded  March  22^  1902;  ratification  advised  hy  Senate  February  7, 
190 Ij.;  ratified  by  President  March  77, 190 If.;  ratifications  exchanged 
March  19, 190 If.;  'proclaimed,  March  21f.,  lOOIf. 

Articles. 


I.  Reciprocal  recognition  of  citizens. 

II.  Renunciation  of  nationality. 

III.  Intent  to  return. 

IV.  Punishment  of  citizens. 


Y.  Declaration  of  intention. 
VI.  Duration. 

VII.  Ratification. 


The  United  States  of  America  and  the  Republic  of  Haiti  desiring 
to  regulate  the  citizenship  of  those  persons  who  may  emigrate  from 
the  United  States  to  Haiti,  or  from  Haiti  to  the  United  States,  have 
resolved  to  conclude  a treaty  on  this  subject. 

For  that  purpose  they  have  appointed  their  Plenipotentiaries, 
to-wit : 

The  President  of  the  United  States:  John  Hay,  Secretary  of  State 
of  the  United  States ; 

The  President  of  Haiti : Mr.  J.  N.  Leger,  Envoy  Extraordinary  and 
Minister  Plenipotentiary  of  Haiti  at  Washington; 


940 


TEEATIES,  CONVENTIONS,  ETC. 


after  the  mutual  communication  of  their  respective  full  pow- 
ers, found  in  good  and  due  form,  have  agreed  upon  the  following 
articles : 

Akticle  I. 

Citizens  of  the  United  States  of  America  who  shall  have  been  duly 
naturalized  as  citizens  of  Haiti,  and  who  shall  have  resided  uninter- 
ruptedly in  Haiti  during  a period  of  five  years,  shall  be  recognized  by 
the  United  States  as  citizens  of  Haiti. 

Reciprocally,  citizens  of  Haiti  who  shall  have  been  duly  naturalized 
as  citizens  of  the  United  States  of  America,  and  who  shall  have  re- 
sided uninterruptedly  in  the  United  States  during  a period  of  five 
years,  shall  be  recognized  by  Haiti  as  citizens  of  the  United  States. 

This  article  shall  apply  as  well  to  those  already  naturalized  in 
either  country  as  those  hereafter  naturalized. 

Article  II. 

The  person  who,  after  having  become  a naturalized  citizen  of  one 
of  the  contracting  States,  shall  return  to  live  in  the  country  of  his 
origin,  without  intention  to  return  to  the  country  where  he  has  been 
naturalized,  shall  be  considered  as  having  renounced  the  nationality 
obtained  through  naturalization. 

Article  III. 

The  intent  not  to  return  may  be  held  to  exist  when  the  person  natu- 
ralized in  the  one  country  resides  more  than  two  years  in  the  other 
country. 

Article  IV. 

The  naturalized  citizens  of  either  State  who  return  to  their  country 
of  origin,  will  be  there  liable  to  prosecution  and  punishment  in  con- 
formity to  the  laws  for  the  crimes  or  misdemeanors  committed  before 
their  emigration  and  that  are  not  covered  by  the  statute  of  limitations. 

Article  V. 

The  declaration  of  intention  to  become  a citizen  of  the  one  or  the 
other  country  has  not  for  either  party  the  effect  of  naturalization. 

Article  VI. 

The  present  treaty  shall  remain  in  force  for  ten  years  from  the  date 
of  the  exchange  of  ratifications;  and  unless  one  of  the  contracting 
parties  shall  notify  the  other  of  its  intention  to  terminate  it  one  year 
before  the  expiration  of  that  period,  the  said  treaty  shall  continue 
in  force  from  year  to  year  until  the  expiration  of  one  year  after  official 
notice  shall  have  been  given  b}^  either  of  the  contracting  governments 
of  a purpose  to  terminate  it. 

Article  VII. 

The  present  treaty  shall  be  submitted  to  the  approval  and  ratifica- 
tion of  the  respective  appropriate  authorities  of  each  of  the  contract- 


HAYTI — 1902-1903-1904. 


941 


ing  parties,  and  the  ratifications  shall  be  exchanged  at  Washington 
as  soon  as  possible  within  twelve  months  from  the  date  hereof. 

Done  in  duplicate  at  the  City  of  Washington,  in  the  English  and 
French  languages  this  twenty-second  day  of  March,  1902. 

John  Hay  [seal.] 

J.  N.  Leger  [seal.] 


1903. 

Supplemental  Naturalization  Convention. 

Concluded  February  28,  1903;  Ratification  advised  by  the  senate 

February  1, 1901^;  ratifed  by  the  President  March  17,  190Jf;  ratif- 

cations  exchanged  March  19, 190!f;  proclaimed  March  21^.,  190Jf. 

The  United  States  of  America  and  the  Republic  of  Haiti,  consid- 
ering it  expedient  to  prolong  the  period  Avithin  which,  by  Article 
VII  of  the  treaty  of  naturalization,  signed  by  their  respective  pleni- 
potentiaries at  Washington  on  March  22,  1902,  the  exchange  of  rati- 
fications of  the  said  treaty  shall  take  place,  have  for  that  purpose 
appointed  their  respective  Plenipotentiaries,  namely:  The  President 
of  the  United  States  of  America,  John  Hay,  Secretary  of  State  of  the 
United  States  of  America;  and 

The  President  of  Haiti,  Mr.  J.  N.  Leger,  Envoy  Extraordinary 
and  Minister  Plenipotentiary  of  Haiti  at  Washington : 

Who,  after  haiung  communicated  each  to  the  other,  their  respective 
full  powers,  found  in  good  and  due  form,  have  agreed  upon  the  fol- 
lowing additional  article  to  be  taken  as  part  of  said  treaty. 

Sole  Article. 

The  respective  ratifications  of  the  said  treaty  shall  be  exchanged  as 
soon  as  possible  and  within  twelve  months  from  March  22,  1903. 

Done  in  Duplicate  at  Washington  in  the  English  and  French  lan- 
guages this  28th  day  of  February  A.  D.  1903. 

John  Hay  [seal.] 

J.  N.  Leger  [seal.] 


1904. 

Extradition  Conatention. 


Concluded  August  9, 190 Jf.;  ratif  cation  advised  by  the  senate  Decem- 
ber 15,  190 J).;  ratifed  by  the  President  June  17,  1906;  ratif  cations 
exchanged  June  28,  1906. 

Articles. 


I.  Delivery  of  accused. 

II.  Extraditable  offenses. 

III.  Attempt  to  commit  crimes. 
lA".  Nondelivery  of  citizens. 

V.  Deferring  extradition. 

VI.  Persons  claimed  by  other  coun- 
tries. 

VII.  Political  offenses. 

VIII.  Offense  for  which  to  be  tried. 


IX.  Provisional  detention. 

X.  Demand;  requisition. 

XI.  Procedure. 

XII.  Property  found  on  accused. 

XIII.  Expenses. 

XIV.  Insular  possessions. 

XV.  Duration. 

XVI.  Ratification. 


The  United  States  of  America  and  the  Republic  of  Haiti,  wishing 
to  insure  the  proper  administration  of  justice,  have  resolved  to  con- 


942 


TREATIES,  CONVENTIONS,  ETC. 


elude  a treaty  for  the  purpose  of  mutually  surrendering  persons  who, 
being  charged  with  one  of  the  crimes  hereinafter  specified,  or  having 
been  sentenced  for  one  of  these  crimes,  shall,  by  flight,  have  escaped 
judicial  prosecution  or  the  consequences  of  their  sentence. 

To  this  end  they  have  appointed  their  Plenipotentiaries,  to  wit: 

The  President  of  the  United  States  of  America,  John  Hay,  Secre- 
tary of  State  of  the  United  States  of  America;  and. 

The  President  of  the  Republic  of  Haiti,  Mr.  J.  N.  Leger,  Envoy 
Extraordinary  and  Minister  Plenipotentiary  of  Haiti  at  Washington ; 

Who,  after  having  communicated  their  respective  full  powers, 
found  in  good  and  due  form,  have  agreed  on  the  following  articles: 

Article  I. 

The  High  Contracting  Parties  agree  to  deliver  up  to  their  re- 
spective justice,  persons  who,  being  accused  or  convicted  of  any  of 
the  crimes  hereinafter  enumerated,  committed  within  the  limits  of 
jurisdiction  of  the  demanding  party,  shall  have  afterwards  taken 
refuge  or  shall  be  found  in  the  territory  of  the  other;  provided, 
that  this  shall  only  be  done  upon  such  evidence  of  criminality  as, 
according  to  the  laws  of  the  place  where  the  fugitive  or  person  so 
charged  shall  be  found,  would  justify  his  apprehension  and  commit- 
ment for  trial  if  the  crime  or  offense  had  been  there  committed. 

Article  II. 

The  crimes  for  which  extradition  shall  be  granted  are  the  fol- 
lowing : 

1.  Murder  (including  assassination,  parricide,  infanticide,  poison- 
ing, and  voluntary  manslaughter.) 

2.  Counterfeiting  of  money,  either  coin  or  paper;  utterance  or 
circulation  of  counterfeit  or  altered  money;  introduction  of  coun- 
terfeit or  altered  money  into  the  territory  of  one  of  the  Contracting 
Parties. 

3.  Counterfeiting  of  any  securities  issued  by  one  of  the  Contract- 
ing Parties,  of  bonds  or  coupons  of  the  public  debt,  of  bank  notes  or 
other  instruments  of  credit  authorized  by  law;  utterance,  use.  or  in- 
troduction, in  the  territory  of  one  of  the  Parties,  of  the  aforemen- 
tioned counterfeit  or  falsified  securities  or  notes. 

4.  Forging  of  the  public  or  private  documents;  use  of  forged  docu- 
ments. 

6.  Larceny;  robbery,  or  that  which  corresponds  to  the  crime  pro- 
vided for  and  punished  by  the  laws  of  Haiti  as  theft  committed  with 
arms  in  hand  or  by  violence  or  threats,  or  on  the  public  highwai's; 
burglary,  or  that  which  corresponds  to  the  crime  provided  for  and 
punished  by  the  laws  of  Haiti  as  theft  committed  by  breaking  or 
climbing  into,  or  using  false  keys,  or  at  night  in  a place  inhabited  or 
used  as  a dwelling. 

6.  Embezzlement  by  public  officers  or  by  persons  hired  or  salaried, 
to  the  detriment  of  their  employers;  provided,  that  the  amount  of 
money  or  value  of  the  property  embezzled  is  not  less  than  two  hun- 
dred dollars. 

7.  Arson ; destruction  of  railways,  bridges,  tramways,  vessels,  pub- 
lic edifices  or  other  buildings,  endangering  human  life. 


HAYTI ^1904. 


943 


8.  Perjury;  subornation  of  perjury;  bribery,  defined  to  be  the  giv- 
ing, offering  or  receiving  of  a reward  to  influence  one  in  the  discharge 
of  a legal  duty. 

9.  Rape. 

10.  Bigamy. 

11.  Kidnapping  of  minors. 

12.  Piracy,  as  o^efined  by  statute  or  international  law. 

Article  III. 

Extradition  shall  also  be  granted  for  the  attempt  to  commit  one  of 
the  crimes  above  enumerated,  and  against  any  accomplice  of  these 
crimes  or  attempts  at  crimes,  when  such  complicity  and  attempt  are 
punishable  by  the  laws  of  the  Party  demanding  the  extradition. 

Article  IV. 

Neither  of  the  Contracting  Parties  shall  be  obliged  to  deliver  up 
its  own  citizens. 

Article  V. 

If  the  person  claimed  is  under  prosecution,  either  in  the  United 
States  or  Haiti,  for  any  other  crime  than  that  upon  which  the  demand 
for  extradition  is  based,  the  extradition  shall  be  postponed  until  the 
judgment  is  pronounced,  and,  if  the  person  is  convicted,  until  the 
sentence  imposed  is  fully  served  or  remitted. 

The  extradition  may  also  be  postponed  when  the  person  claimed 
is  being  prosecuted  for  a civil  offense  in  the  country  of  which  the 
demand  is  made.  In  this  case  it  will  not  take  place  until  after  the 
execution  of  the  judgment  or  the  remission  of  the  penalty. 

Article  VI. 

A fugitive  who  shall  have  been  claimed  at  the  same  time  by  two 
or  more  States,  shall  be  delivered  up  to  the  State  which  has  first  pre- 
sented its  demand ; provided,  that  the  government  from  which  extra- 
dition is  sought  is  not  bound  by  treaty  to  give  preference  otherwise. 

Article  VII. 

The  provisions  of  the  present  treaty  shall  not  apply  to  offenses  of 
a political  character.  The  assassination  or  poisoning  of  the  head 
of  a government,  or  any  other  attempt  against  the  life  of  the  head  of 
a government,  shall  not  be  considered  as  a crime  of  a political 
character. 

A person  whose  extradition  shall  have  been  granted  on  account  of 
one  of  the  crimes  mentioned  in  Article  II  of  this  Convention  shall 
not,  in  any  case,  be  tried  for  a political  offense  or  for  an  act  connected 
with  a political  offense  committed  prior  to  the  demand  for  extradi- 
tion, unless  such  person  has  had  abundant  opportunity  to  quit  the 
country  during  the  month  following  that  in  which  he  was  set  at 
liberty  either  as  a result  of  acquittal,  expiration  of  his  sentence,  or 
pardon- 


944 


TREATIES,  CONVENTIONS,  ETC. 


Article  VIII. 

A person  surrendered  cannot,  without  the  consent  of  the  State 
which  has  granted  the  extradition,  be  detained  or  tried  in  the  State 
which  has  obtained  his  extradition,  for  any  other  crime  or  causes 
than  those  which  have  given  rise  to  the  extradition.  This  stipulation 
does  not  apply  to  crimes  committed  subsequently  to  the  extradition. 

However,  a person  who  has  had  ample  opportunity  to  quit  the 
country  which  has  obtained  his  extradition,  and  who  shall  be  found 
there  a month  after  his  release  by  acquittal,  the  expiration  of  his  sen- 
tence, or  pardon,  may  be  arrested  and  tried,  without  the  consent  of  the 
State  which  has  granted  the  extradition,  for  other  crimes  than  those 
which  have  given  rise  to  the  demand  for  extradition. 

Article  IX. 

Wliere  the  arrest  and  detention  of  a fugitive  in  the  United  States 
are  desired  on  telegraphic  or  other  information  in  advance  of  the 
presentation  of  the  formal  proofs,  complaint  on  oath,  as  provided  by 
the  statutes  of  the  United  States,  shall  be  made  by  an  agent  of  the 
Haitian  Government,  before  a judge  or  other  magistrate  authorized 
to  issue  warrants  of  arrest  in  extradition  cases. 

In  Haiti  the  diplomatic  or  consular  agent  of  the  United  States 
shall  address,  through  the  INIinistry  of  Foreign  Relations,  a com- 
plaint to  the  government  commissioner  or  any  other  magistrate 
authorized  to  issue  warrants  of  commitment.  The  provisional  arrest 
and  detention  of  a fugitive  shall  cease  and  the  prisoner  be  released 
if  a formal  requisition  for  his  surrender,  accompanied  by  the  neces- 
sary evidence  of  criminality,  has  not  been  produced  under  the  stipula- 
tions of  this  Convention  within  sixty  days  from  the  date  of  his  arrest. 

Article  X. 

Every  demand  for  extradition  shall  be  made  through  the  diplo- 
matic agents  of  the  High  Contracting  Parties.  In  case  of  absence 
or  impediment  of  these  agents,  the  demand  may  be  presented  by  the 
consuls.  This  demand  shall  be  acted  on  in  conformity  with  the  laws 
of  each  of  the  Parties.  Nevertheless,  if  the  person  demanded  has 
already  been  sentenced  for  one  of  the  crimes  hereinbefore  enumerated, 
the  requisition  shall  be  merely  accompanied  by  the  sentence,  duly 
certified  by  the  competent  authority  of  the  State  demanding  the 
extradition. 

Article  XI. 

In  Haiti  the  diplomatic  or  consular  agent  of  the  United  States 
their  own  laws,  the  authorities  of  the  State  of  which  the  demand  is 
made  who  are  qualified  to  decide  on  the  demand  for  extradition,  shall 
admit  as  entirely  valid  evidence  all  depositions  or  declarations  of  wit- 
nesses coming  from  the  other  State,  or  copies  thereof,  and  warrants 
issued,  provided  these  documents  are  signed  or  certified  by  a compe- 
tent magistrate  or  officer  of  the  State  making  the  demand. 

Article  XII. 

The  objects  found  in  the  possession  of  the  fugitive  and  which 
were  obtained  by  the  perpetration  of  the  crime  with  which  he  is 


HAYTI — 1904-1909. 


945 


charged,  or  which  may  serve  to  prove  his  crime,  shall  be  seized  at 
the  time  of  his  arrest  and  delivered  together  with  his  person  to  the 
party  demanding  the  extradition.  Nevertheless,  the  rights  of  third 
persons  to  the  articles  so  found  shall  be  respected. 

Article  XIII. 

The  expenses  of  detention,  procedure,  and  delivery,  incurred  in 
virtue  of  the  preceding  articles,  shall  be  borne  by  the  demanding 
Party.  It  is  agreed,  however,  that  the  State  making  the  demand 
shall  have  nothing  to  pay  to  the  officers  of  the  State  to  which  the 
demand  is  addressed  who  receive  fixed  salaries;  officers  who,  having 
no  fixed  salary,  receive  fees,  shall  not  demand  any  other  fees  than 
those  generally  charged  in  ordinary  criminal  procedures. 

Article  XIV. 

The  stipulations  of  the  present  treaty  are  applicable  to  the  insular 
possessions  of  the  United  States.  In  this  case  the  demand  shall  be 
addressed  to  the  Governor  or  principal  authority  of  the  possession 
by  the  consul  of  Haiti. 

Article  XV. 

The  present  treaty  shall  remain  in  force  until  it  is  denounced;  it 
shall  cease  to  bind  the  Parties  six  months  after  one  of  them  shall 
have  notified  its  intention  to  terminate  it. 

Article  XVI. 

The  present  treaty  shall  be  approved  and  ratified  by  the  competent 
authority  of  each  of  the  High  Contracting  Parties,  and  the  ratifica- 
tions shall  be  exchanged  at  Washington  as  soon  as  possible. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
the  foregoing  articles,  and  have  affixed  their  seals. 

Done  in  duplicate  at  Washington,  in  English  and  French,  this 
ninth  day  of  August,  nineteen  hundred  and  four. 

J.  N.  Leger  [seal] 

J.  N.  Leger  [seal] 


1909. 

Arbitration  Convention. 

Signed  at  Washington,  January  7,  1909;  ratification  advised  hy  the 
Senate,  February  13,  1909;  ratifed  hy  the  President,  March  1, 
1909;  ratif cations  exchanged  at  Wa,shington,  November  16,  1909; 
froclaimed  November  16, 1909. 

Articles. 

I.  Differences  to  be  submitted.  I III.  Duratioij. 

II.  Special  agreement.  1 IV.  Ratification. 

The  Government  of  the  United  States  of  America,  signatory  of  the 
two  conventions  for  the  Pacific  Settlement  of  International  Disputes, 
concluded  at  The  Hague,  respectively,  on  July  29,  1899,  and  October 
24449— VOL  1—10 60 


946 


TREATIES,  CONVENTIONS,  ETC. 


18,  1907,  and  the  Government  of  the  RepubUc  of  Haiti,  adherent  to 
the  said  convention  of  July  .29,41899,  and  signatory  of  the -said  con- 
vention of  October  18,  1907 ; 

Taking  into  consideration  that  by  Article  XIX  of  the  convention 
of  July  29,  1899,  and  by  Article  XL  of  the  convention  of  October  18, 
1907,  the  High  Contracting  Parties  have  reserved  to  themselves  the 
right  of  concluding  Agreements,  vpith  a view  to  referring  to  arbitra- 
tion all  questions  which  they  shall  consider  possible  to  submit  to  such 
treatment ; 

Have  authorized  the  Undersigned  to  conclude  the  following  Con- 
vention : 

Article  I. 

Differences  which  may  arise  of  a legal  nature  or  relating  to  the 
interpretation  of  treaties  existing  between  the  two  Contracting 
Parties,  and  which  it  may  not  have  been  possible  to  settle  by  diplo- 
macy, shall,  if  not  submitted  to  some  other  arbitral  jurisdiction,  be 
referred  to  the  Permanent  Court  of  Arbitration  established  at  The 
Hague  by  the  convention  of  July  29,  1899,  for  the  pacific  settlement 
of  international  disputes,  and  maintained  by  The  Hague  Convention 
of  the  18th  October,  1907 ; provided,  nevertheless,  that  they  do  not 
affect  the  vital  interests,  the  independence,  or  the  honor  of  the  two 
Contracting  States,  and  do  not  concern  the  interests  of  third  Parties. 

Article  II. 

In  each  individual  case  the  High  Contracting  Parties,  before  ap- 
pealing to  the  Permanent  Court  of  Arbitration,  shall  conclude  a spe- 
cial Agreement,  defining  clearly  the  matter  in  dispute,  the  scope  of 
the  powers  of  the  arbitrators,  and  the  periods  to  be  fixed  for  the 
formation  of  the  Arbitral  Tribunal  and  the  several  stages  of  the 
procedure.  It  is  understood  that  on  the  part  of  the  United  States 
such  special  agreements  will  be  made  by  the  President  of  the  United 
States,  by  and  with  the  advice  and  consent  of  the  Senate  thereof,  and 
on  the  part  of  Haiti  shall  be  subject  to  the  procedure  required  by  the 
Constitution  and  laws  thereof. 

Article  III. 

The  present  Convention  is  concluded  for  a period  of  five  years 
and  shall  remain  in  force  thereafter  until  one  year’s  notice  of  termi- 
nation shall  be  given  by  either  party. 

Article  IV. 

The  present  Convention  shall  be  ratified  by  the  President  of  the 
United  States  of  America,  by  and  with  the  advice  and  consent  of  the 
Senate  thereof;  and  by  the  President  of  Haiti  in  accordance  with 
the  Constitution  and  laws  thereof.  The  ratifications  shall  be  ex- 
changed at  Washington  as  soon  as  possible,  and  the  Convention  shall 
take  effect  on  the  date  of  the  exchange  of  its  ratifications. 

Done  in  duplicate  in  the  English  and  French  languages  at  Wash- 
ington, this  7th  day  of  January,  in  the  year  one  thousand  nine  hun- 
dred and  nine. 

Elihlt  Root  [seal] 

J.  N.  Leger  [seal] 


HESSE. 

(See  North  German  Confederation.) 

1844. 


Convention  Abolishing  Droit  d’Ahbaine  and  Taxes  on 

Emigration. 

Concluded  March  26,  181^1^.;  ratification  advised  hy  the  Senate  June 
12,  ISIf-Jf.;  ratified  hy  the  President  June  22,  ratifications  ex- 

changed October  16,  ISJtJf.;  time  for  exchomge  of  ratifications  ex- 
tended to  July  4,  I845,  and  exchange  previous  thereto  declared 
regular  by  the  Senate  January  13,  1845;  proclaimed  May  8,  1845. 


Articles. 


I.  Droit  d’aubaine,  etc.,  abolished. 

II.  Disposition  of  real  estate. 

III.  Disposition  of  personal  property. 


IV.  Eights  of  absent  heirs. 
V.  Inheritance  disputes. 
VI.  Ratification. 


The  United  States  of  America,  on  the  one  part,  and  His  Eoyal 
Highness  the  Grand  Duke  of  Hesse,  on  the  other  part,  being  equally 
desirous  of  removing  the  restrictions  which  exist  in  their  territories 
upon  the  acquisition  and  transfer  of  property  by  their  respective 
citizens  and  subjects,  have  agreed  to  enter  into  negotiation  for  this 
purpose. 

For  the  attainment  of  this  desirable  object  the  President  of  the 
United  States  of  America  has  conferred  full  powers  on  Henry  Whea- 
ton, their  Envoy  Extraordinary  and  Minister  Plenipotentiary  at 
the  Court  of  His  Majesty  the  King  of  Prussia,  and  His  Royal  High- 
ness the  Grand  Duke  of  Hesse,  upon  Baron  Schaeffer-Bernstein,  his 
Chamberlain,  Colonel,  Aid-de-Camp,  and  Minister  Resident  near 
His  Majesty  the  King  of  Prussia; 

Who,  after  having  exchanged  their  said  full  powers,  found  in  due 
and  proper  form,  have  agreed  to  the  following  articles: 

Article  I. 


Every  kind  of  droit  d’aubaine,  droit  de  retraite,  and  droit  de  de- 
traction, or  tax  on  emigration,  is  hereby,  and  shall  remain,  abol- 
ished, between  the  two  contracting  parties,  their  States,  citizens, 
and  subjects,  respectively. 

Article  II. 

Where,  on  the  death  of  any  person  holding  real  property  within 
the  territories  of  one  party,  such  real  property  would,  by  the  laws 
of  the  land,  descend  on  a subject  or  citizen  of  the  other,  were  he  not 
disqualified  by  alienage,  such  citizen  or  subject  shall  be  allowed  a 

947 


948 


TREATIES,  CONVENTIONS,  ETC. 


term  of  two  years  to  sell  the  same,  which  term  may  be  reasonably 
prolonged,  according  to  circumstances,  and  to  withdraw  the  proceeds 
thereof,  without  molestation,  and  exempt  from  all  duties  of  detrac- 
tion on  the  part  of  the  Government  of  the  respective  States. 

Article  III. 

The  citizens  or  subjects  of  each  of  the  contracting  parties  shall 
have  power  to  dispose  of  their  personal  property  within  the  States 
of  the  other,  by  testament,  donation,  or  otherwise;  and  their  heirs, 
being  citizens  or  subjects  of  the  other  contracting  party,  shall  suc- 
ceed to  their  said  personal  property,  whether  by  testament  or  ah 
intestato,  and  may  take  possession  thereof,  either  by  themselves  or  by 
other  acting  for  them,  and  dispose  of  the  same  at  their  pleasure,  pay- 
ing such  duties  only  as  the  inhabitants  of  the  country  where  the  said 
property  lies  shall  be  liable  to  pay  in  like  cases. 

Article  IV. 

In  case  of  the  absence  of  the  heirs,  the  same  care  shall  be  taken, 
provisionally,  of  such  real  or  personal  property  as  would  be  taken 
in  a like  case  of  property  belonging  to  the  natives  of  the  country, 
until  the  lawful  owner,  or  the  person  who  has  a right  to  sell  the 
same,  according  to  article  2,  may  take  measures  to  receive  or  dispose 
of  the  inheritance. 

Article  V. 

If  any  dispute  should  arise  between  different  claimants  to  the 
same  inheritance,  they  shall  be  decided,  in  the  last  resort,  according 
to  the  laws  and  by  the  judges  of  the  country  where  the  property  is 
situated. 

Article  VI. 

This  convention  shall  be  ratified  by  the  President  of  the  United 
States  of  America,  by  and  with  the  advice  and  consent  of  their 
Senate,  and  by  His  Royal  Highness  the  Grand  Duke  of  Hesse,  and 
the  ratifications  shall  be  exchanged  at  Berlin,  within  the  term  of  six 
months  from  the  date  of  the  signature  hereof,  or  sooner  if  possible. 

In  faith  of  which  the  respective  Plenipotentiaries  have  signed  the 
above  articles,  both  in  French  and  English,  and  have  thereto  affixed 
their  seals ; declaring,  nevertheless,  that  the  signing  in  both  languages 
shall  not  hereafter  be  cited  as  a precedent,  nor  in  any  way  operate 
to  the  prejudice  of  the  contracting  parties. 

Done  in  quadruplicata  in  the  city  of  Berlin,  on  the  twenty-sixth 
day  of  March,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  forty-four,  and  the  sixty-eighth  of  the  Independence  of  the 
United  States  of  America. 

[seal.]  Henry  Wheaton. 

[seal.]  B’on  de  Schaeefer-Bernstein. 


Note:  For  stipulations  of  June  16,  1852,  for  the  mutual  delivery  of 
criminals  fugitives  from  justice  in  certain  cases,  between  the  Jlnited 
States  and  the  Elector  of  Hesse,  the  Grand  Duke  of  Hesse  and  on 


HESSE — 1844-1868. 


949 


Ehine,  and  the  Landgrave  of  Hesse-Homburg,  and  other  powers, 
see  convention  of  that  date  with  Prussia  and  other  states  of  the  Ger- 
manic Confederation. 


1868. 

Naturalization  Convention. 

Concluded  August  1,  1868;  ratification  advised  hy  the  Senate  April 
12,  1869;  ratified  hy  the  President  April  18,  1869;  ratifications 
exchanged  July  23, 1869 ; proclaimed  August  31,  1869. 

Articles. 

I.  Naturalization  recognized.  V.  Duration. 

II.  Prior  offenses.  VI.  Ratification. 

III.  Extradition. 

IV.  Renunciation  of  acquired  citizen- 

ship. 

Whereas  an  agi’eement  was  made  on  the  22'*  of  February  1868  be- 
tween the  United  States  of  America  and  the  North  German  Con- 
federation, to  regulate  the  citizenship  of  those  persons,  who  emigrate 
from  the  United  States  of  America  to  the  territory  of  the  North  Ger- 
man Confederation  and  from  the  North  Geiman  Confederation  to 
the  United  States  of  America  and  whereas  this  agreement  by  publica- 
tion in  the  bulletin  of  the  laws  of  that  Confederation  has  obtained 
binding  force  in  the  parts  of  the  Grand  Duchy  of  Hesse  belonging  to 
the  North  German  Confederation,  it  has  seemed  proper  in  like  man- 
ner to  establish  regulations  resiiecting  the  citizenship  of  such  persons 
as  emigrate  from  the  United  States  of  America  to  the  parts  of  the 
Grand  Duchy  of  Hesse  not  belonging  to  the  North  German  Confed- 
eration and  from  the  above  described  parts  of  Hesse  to  the  United 
States  of  America. 

The  President  of  the  United  States  of  America  and  His  Royal 
Highness  the  Grand  Duke  of  Hesse  and  by  Rhine  have  therefore 
resolved  to  treat  on  this  subject,  and  for  that  purpose  have  appointed 
plenipotentiaries  to  conclude  a convention,  that  is  to  say : 
the  President  of  the  United  States  of  America  : 

George  Bancroft,  Envoy  extraordinary  and  Minister  plenipotentiary 
and 

His  Royal  Highness  the  Grand  Duke  of  Hesse  and  by  Rhine, 

Dr.  Frederick  Baron  von  Lindelof,  President  of  his  council  of 
State,  Minister  of  Justice,  &■  actual  Privy  Counsellor, 
who  have  agreed  to,  and  signed  the  following  articles ; 

Article  1. 

Citizens  of  the  parts  of  the  Grand  Duchy  of  Hesse  not  included  in 
the  North  German  confederation,  who  have  become  or  shall  become 
naturalized  citizens  of  the  United  States  of  America,  and  shall  have 
resided  uninterruptedly  within,  the  United  States  five  years,  shall  be 
held  by  the  Grand  Ducal  Hessian  Government  to  be  American  citi- 
zens, and  shall  be  treated  as  such. 


950 


TREATIES,  CONVENTIONS,  ETC. 


Eeciprocally : Citizens  of  the  United  States  of  America,  who  have 
become,  or  shall  become  naturalized  citizens  of  the  above  described 
parts  of  the  Grand  Duchy  Hesse,  and  shall  have  resided  uninterrupt- 
edly therein  five  years,  shall  be  held  by  the  United  States  to  be  citi- 
zens of  the  Grand  Duchy  Hesse,  and  shall  be  treated  as  such. 

The  declaration  of  an  intention  to  become  a citizen  of  the  one  or  the 
other  country,  has  not  for  either  party  the  effect  of  naturalization. 

Article  2. 

A naturalized  citizen  of  the  one  party  on  return  to  the  territory  of 
the  other  party,  remains  liable  to  trial  and  punishment  for  an  action 
punishable  by  the  laws  of  his  original  cbuntry,  and  conunitted  before 
his  emigration;  saving  always  the  limitation  established  by  the  laws 
of  his  original  country. 

Article  3. 

The  convention  for  the  mutual  delivery  of  criminals,  fugitives 
from  justice,  in  certain  cases,  concluded  between  the  United  States  of 
America  and  the  Grand  Duchy  Hesse  on  the  16‘’’  of  June  1852,  re- 
mains in  force,  without  change." 

Article  4. 

If  a Hessian,  naturalized  in  America,  but  originally  a citizen  of  the 
parts  of  the  Grand  Duchy  not  included  in  the  North  German  Confed- 
eration, renews  his  residence  in  those  parts  without  the  intent  to 
return  to  America,  he  shall  be  held  to  have  renounced  his  naturaliza- 
tion in  the  United  States. 

Eeciprocally : If  an  American,  naturalized  in  the  Grand  Duchy  of 
Hesse,  (within  the  above  described  parts,)  renews  his  residence  in 
the  United  States  without  the  intent  to  return  to  Hesse,  he  shall  be 
held  to  have  renounced  his  naturalization  in  the  Grand  Duchy. 

The  intent  not  to  return  may  be  held  to  exist,  when  the  person  nat- 
uralized in  the  one  country  resides  more  than  two  years  in  the  other 
country. 

Article  5. 

The  present  convention  shall  go  into  effect  immediately  on  the 
exchange  of  ratifications,  and  shall  continue  in  force  for  ten  years. 
If  neither  party  shall  have  given  to  the  other  six  months  previous 
notice  of  its  intention  then  to  terminate  the  same,  it  shall  further 
remain  in  force  until  the  end  of  twelve  months  after  either  of  the  con- 
tracting parties  shall  have  given  notice  to  the  other  of  such  intention. 

Article  6. 

The  present  convention  shall  be  ratified  by  the  President  of  the 
United  States  of  America  and  by  His  Eoyal  Highness  the  Grand 
Duke  of  Hesse  and  by  Ehine  etc.  The  ratification  of  the  first  is  to 
take  effect  by  and  with  the  advice  and  consent  of  the  Senate  of  the 
United  States;  on  the  Grand  Ducal  Hessian  side,  the  assent  of  the 


* See  note  bottom  page  948. 


HESSE — 1868.  951 

States  of  the  Grand  Duchy  is  reserved,  in  so  far  as  it  is  required  by 
the  constitution. 

The  ratifications  shall  be  exchanged  at  Berlin  within  one  year  of 
the  present  date. 

In  faith  whereof  the  Plenipotentiaries  have  signed  and  sealed  this 
convention. 

Darmstadt,  the  1.  of  August  1868. 

Geo.  Bancroft.  [seal.] 

Friedrich  Freiherr  von  Lindelof.  [seal.] 


HONDURAS. 

1864. 

Treaty  of  Friendship,  Commerce,  and  Navigation. 


Concluded  July  4,  ISGIf.;  ratification  advised  hy  the  Senate  Fehruary 
W,  1865;  ratified  hy  the  President  March  9,  1865;  ratifications 
exchanged  May  5,  1865;  froclaimed  May  30, 1865. 


Articles. 


I.  Amity. 

II.  Freedom  of  commerce ; coasting 
trade. 

III.  Most  favored  nation  privileges. 

IV.  Equality  of  import  and  export 

duties. 

V.  Shipping  dues. 

VI.  Reciprocal  treatment  of  vessels. 

VII.  Protection  of  property,  etc. 

VIII.  Disposal  of  property,  etc. 

IX.  Exemptions  from  military  serv- 
ice, loans,  etc. 


X.  Diplomatic  and  consular  privi- 
leges. 

XI.  Protection  in  case  of  war. 

XII.  General  liberties. 

XIII.  Duration  of  Articles  IV,  V,  and 

VI. 

XIV.  Neutrality  of  Honduras  Inter- 

oceanic  Railway. 

XV.  Ratification. 


Commercial  intercourse  having  been  for  some  time  established  be- 
tween the  United  States  and  the  Kepublic  of  Honduras,  it  seems  good 
for  the  security  as  well  as  the  encouragement  of  such  commercial 
intercourse,  and  for  the  maintenance  of  good  understanding  between 
the  United  States  and  the  said  Republic,  that  the  relations  now  sub- 
sisting between  them  should  be  regularly  acknowledged  and  confirmed 
by  the  signature  of  a treaty  of  amity,  commerce,  and  navigation.  For 
this  purpose  they  have  named  their  respective  Plenipotentiaries,  that 
is  to  say : 

The  President  of  the  United  States,  Thomas  H.  Clay,  Minister 
Resident  of  the  United  States  to  the  Republic  of  Honduras;  and  His 
Excellency  the  Pre.sident  of  the  Republic  of  Honduras,  Senor  Li- 
cenciado  Don  Manuel  Colindres,  Minister  of  Foreign  Relations  of 
that  Republic; 

Who,  after  having  communicated  to  each  other  their  full  powers, 
found  to  be  in  due  and  proper  form,  have  agreed  upon  and  concluded 
the  following  articles : 

Article  I, 


There  shall  be  perpetual  amity  between  the  United  States  and  their 
citizens  on  the  one  part,  and  the  Government  of  the  Republic  of  Hon- 
duras and  its  citizens  on  the  other. 


Article  II. 

There  shall  be,  between  all  the  Territories  of  the  United  States  and 
the  Territories  of  the  Republic  of  Honduras,  a reciprocal  freedom 
of  commerce.  The  subjects  and  citizens  of  the  two  countries,  respec- 
952 


HONDURAS — 1864, 


953 


lively,  shall  have  liberty,  freely  and  securely,  to  come  with  their  ships 
and  cai’goes  to  all  places,  ports,  and  rivers  in  the  Territories  afore- 
said, to  which  other  foreigners  are  or  may  be  permitted  to  come;  to 
enter  into  the  same,  and  to  remain  and  reside  in  any  part  thereof, 
resjDectively ; also  to  hire  and  occupy  houses  and  warehouses  for  the 
purposes  of  their  commerce ; and,  generally,  the  merchants  and  traders 
of  each  nation,  respectively,  shall  enjoy  the  most  complete  protection 
and  security  for  their  commerce;  subject,  always,  to  the  laws  and 
statutes  of  the  two  countries  respectively. 

In  like  manner  the  respective  ships  of  war  and  post-office  packets 
of  the  two  countries  shall  have  liberty,  freely  and  securely,  to  come 
to  all  harbors,  rivers,  and  places  to  which  other  foreign  ships  of  war 
and  packets  are  or  may  be  permitted  to  come,  to  enter  into  the  same, 
to  anchor  and  to  remain  there  and  refit;  subject,  always,  to  the  laws 
and  statutes  of  the  two  countries  respectively. 

By  the  right  of  entering  the  places,  ports,  and  rivers  mentioned  in 
this  article,  the  privilege  of  carrying  on  the  coasting  trade  is  not 
understood;  in  which  trade  national  vessels  only  of  the  country 
where  the  trade  is  carried  on  are  permitted  to  engage. 

Article  III. 

It  being  the  intention  of  the  two  high  contracting  parties  to  bind 
themselves  by  the  preceding  articles,  to  treat  each  other  on  the 
footing  of  the  most  favored  nation,  it  is  hereby  agreed  between  them 
that  any  favor,  privilege,  or  immunity  whatever,  in  matters  of  com- 
merce and  navigation,  which  either  contracting  party  has  actually 
granted,  or  may  hereafter  grant,  to  the  subjects  or  citizens  of  any 
other  State,  shall  be  extended  to  the  subjects  or  citizens  of  the  other 
high  contracting  party  gratuitously,  if  the  concession  in  favor  of 
that  other  nation  shall  have  been  gratuitous ; or  in  return  for  a com- 
pensation as  nearly  as  possible  of  proportionate  value  and  effect,  to  be 
adjusted  by  mutual  agreement,  if  the  concession  shall  have  been 
conditional. 

Article  IV. 

No  higher  nor  other  duties  shall  be  imposed  on  the  importation  into 
the  territories  of  the  United  States  of  any  articles  being  of  the 
growth,  produce,  or  manufacture  of  the  Eepublic  of  Honduras,  and 
no  higher  nor  other  duties  shall  be  imposed  upon  the  importation 
into  the  territories  of  the  Republic  of  Honduras  of  any  articles  being 
the  growth,  produce,  or  manufacture  of  the  territories  of  the  United 
States,  than  are  or  shall  be  payable  on  the  like  articles  being  the 
growth,  produce,  or  manufacture  of  any  other  foreign  country ; nor 
shall  any  other  or  higher  duties  or  charges  be  imposed  in  the  terri- 
tories of  either  of  the  high  contracting  parties  on  the  exportation  of 
any  articles  to  the  territories  of  the  other,  than  such  as  are  or  may  be 
payable  on  the  exportation  of  the  like  articles  to  any  other  foreign 
country;  nor  shall  any  prohibition  be  imposed  upon  the  exportation 
or  importation  of  any  articles  the  growth,  produce,  or  manufacture 
of  the  territories  of  the  United  States,  or  of  the  Eepublic  of  Hon- 
duras, to  or  from  the  said  territories  of  the  United  States,  or  to  or 
from  the  Republic  of  Honduras,  which  shall  not  extend  equally  to 
all  other  nations. 


954 


TREATIES,  CONVENTIONS,  ETC. 
Article  V. 


No  higher  nor  other  duties  or  payments  on  account  of  tonnage,  of 
light  or  harbor  dues,  of  pilotage,  of  salvage,  in  case  either  of  dam- 
age or  shipwreck,  or  on  account  of  any  other  local  charges,  shall  be 
imposed  in  an^  of  the  ports  of  the  Republic  of  Honduras,  on  ves- 
sels of  the  United  States,  than  those  payable  in  the  same  ports  by 
vessels  of  Honduras;  nor  in  any  of  the  ports  of  the  United  States, 
on  vessels  of  Honduras,  than  shall  be  payable  in  the  same  ports  on 
vessels  of  the  United  States. 


Article  VI. 

The  same  duties  shall  be  paid  on  the  importation  into  the  territories 
of  the  Republic  of  Honduras  of  any  article  being  of  the  growth,  prod- 
uce, or  manufacture  of  the  territories  of  the  United  States,  whether 
such  importation  shall  be  made  in  vessels  of  Honduras  or  of  the 
United  States ; and  the  same  duties  shall  be  paid  on  the  imjDortation 
into  the  territories  of  the  United  States  of  any  article  being  the 
growth,  produce,  or  manufacture  of  the  Republic  of  Honduras, 
whether  such  importation  shall  be  made  in  United  States  or  in  Hon- 
duras vessels. 

The  same  dues  shall  be  paid,  and  the  same  bounties  and  drawbacks 
allowed,  on  the  exportation  to  the  Republic  of  Honduras  of  any 
articles  being  the  growth,  produce,  or  manufacture  of  the  territories 
of  the  United  States,  whether  such  exportations  shall  be  made  in 
vessels  of  Honduras  or  of  the  United  States;  and  the  same  duties 
shall  be  paid,  and  the  same  bounties  and  drawbacks  allowed,  on  the 
exportation  of  any  articles  being  the  growth,  produce,  or  manufac- 
ture of  the  Republic  of  Honduras  to  the  territories  of  the  United 
States,  whether  such  exportation  shall  be  made  in  United  States  or 
in  Honduras  vessels. 

Article  VII. 

All  merchants,  commanders  of  ships,  and  others,  citizens  of  the 
United  States,  shall  have  full  liberty,  in  all  the  territories  of  the 
Republic  of  Honduras,  to  manage  their  own  affairs  themselves,  or 
to  commit  them  to  the  management  of  whomsoever  they  please,  as 
broker,  factor,  agent,  or  interpreter;  nor  shall  they  be  obliged  to 
employ  any  other  persons  in  those  capacities  than  those  employed 
by  citizens  of  Honduras,  nor  to  pay  them  any  other  salary  or  remu- 
neration than  such  as  is  paid  in  like  cases  by  citizens  of  'Honduras; 
and  absolute  freedom,  in  all  cases,  shall  be  allowed  to  the  buyer 
and  seller  to  bargain  and  fix  the  price  of  any  goods,  wares,  or  mer- 
chandise imported  into  or  exported  from  the  Republic  of  Honduras, 
as  they  shall  see  good,  observing  the  laws  and  established  customs 
of  the  country. 

The  same  privileges  shall  be  enjoyed  in  the  territories  of  the  United 
States  by  the  citizens  of  the  Republic  of  Honduras  under  the  same 
conditions. 

The  citizens  of  the  high  contracting  parties  shall  reciprocally  re- 
ceive and  enjoy  full  and  perfect  protection  for  their  persons  and 
property,  and  shall  have  free  and  open  access  to  the  courts  of  justice 
in  the  said  countries,  respectively,  for  the  prosecution  and  defense  of 


HONDURAS 1864. 


955 


their  just  rights;  and  they  shall  be  at  liberty  to  employ,  in  all  cases, 
the  advocates,  attorneys,  or  agents  of  whatever  description,  whom 
they  may  think  proper,  and  they  shall  enjoy  in  this  respect  the  same 
rights  and  privileges  therein  as  native  citizens. 

Articue  VIII. 

In  whatever  relates  to  the  police  of  the  ports,  the  lading  and  unlad- 
ing of  ships,  the  safety  of  the  merchandise,  goods,  and  effects,  the 
succession  to  personal  estates  by  will  or  otherwise,  and  the  disposal 
of  personal  property  of  every  sort  and  denomination,  by  sale,  dona- 
tion, exchange,  testament,  or  in  any  other  manner  whatsoever,  as  also 
the  administration  of  justice,  the  citizens  of  the  two  high  contract- 
ing parties  shall  reciprocally  enjoy  the  same  privileges,  liberties,  and 
rights  as  native  citizens,  and  they  shall  not  be  charged  in  any  of 
these  respects  with  any  higher  imposts  or  duties  than  those  which  are 
paid  or  may  be  paid  by  native  citizens ; submitting,  of  course,  to  the 
local  laws  and  regulations  of  each  country  respectively. 

If  any  citizen  of  either  of  the  two  high  contracting  parties  shall 
die  without  will  or  testament  in  any  of  the  territories  of  the  other, 
the  Consul-General  or  Consul  of  the  nation  to  which  the  deceased 
belonged,  or  the  representative  of  such  Consul-General  or  Consul  in 
his  absence,  shall  have  the  right  to  nominate  curators  to  take  charge 
of  the  property  of  the  deceased,  so  far  as  the  laws  of  the  country  will 
permit,  for  the  benefit  of  the  lawful  heirs  and  creditors  of  the  de- 
ceased, giving  proper  notice  of  such  nomination  to  the  authorities 
of  the  country. 

Article  IX. 

The  citizens  of  the  United  States  residing  in  the  Republic  of  Hon- 
duras, and  the  citizens  of  the  Republic  of  Honduras  residing  in  the 
United  States,  shall  be  exempted  from  all  compulsory  military  serv- 
ice whatsoever,  either  by  sea  or  by  land,  and  from  all  forced  loans 
or  military  exactions  or  requisitions,  and  they  shall  not  be  compelled, 
under  any  pretext  whatsoever,  to  pay  other  ordinary  charges,  requi- 
sitions, or  taxes  greater  than  those  that  are  paid  by  native  citizens 
of  the  contracting  parties  respectively. 

Article  X. 

It  shall  be  free  for  each  of  the  two  high  contracting  parties  to  ap- 
point Consuls  for  the  protection  of  trade,  to  reside  in  any  of  the 
territories  of  the  other  party;  but  before  any  Consul  shall  act  as 
such,  he  shall,  in  the  usual  form,  be  approved  and  admitted  by  the 
Government  to  which  he  is  sent;  and  either  of  the  high  contracting 
parties  may  except  from  the  residence  of  Consuls  such  particular 
places  as  they  judge  fit  to  be  excepted.  The  Diplomatic  Agents  and 
Consuls  of  Honduras  shall  enjoy  in  the  territories  of  the  United 
States  whatever  privileges,  exemptions,  and  immunities  are  or  shall 
be  granted  to  agents  of  the  same  rank  belonging  to  the  most  favored 
nation;  and  in  like  manner  the  Diplomatic  Agents  and  Consuls  of 
the  United  States  in  the  territories  of  Honduras  shall  enjoy,  accord- 
ing to  the  strictest  reciprocity,  whatever  privileges,  exemptions,  and 
immunities  are  or  may  be  granted,  in  the  Republic  of  Honduras  to 
the  Diplomatic  Agents  and  Consuls  of  the  most  favored  nation. 


956 


TREATIES,  CONVENTIONS,  ETC. 
Article  XI. 


For  the  better  security  of  commerce  between  the  citizens  of  the 
United  States  and  the  citizens  of  the  Republic  of  Honduras,  it  is  agreed 
that  if  at  any  time  any  interruption  of  friendly  intercourse,  or  any 
rupture,  should  unfortunately  take  place  between  the  two  high  con- 
tracting parties,  the  citizens  of  either  of  the  two  high  contracting 
parties  who  may  be  within  any  of  the  territories  of  the  other  shall, 
if  residing  upon  the  coast,  be  allowed  six  months,  and,  if  in  the 
interior,  a whole  year,  to  wind  up  their  accounts  and  dispose  of  their 
property  ; and  a safe  conduct  shall  be  given  them  to  embark  at  the 
port  which  they  themselves  shall  select.  And  even  in  the  event  of 
a rupture,  all  such  citizens  of  either  of  the  two  high  contracting  par- 
ties who  are  established  in  any  of  the  territories  of  the  other,  in  the 
exercise  of  any  trade  or  special  employment,  shall  have  the  privilege 
of  remaining,  and  of  continuing  such  trade  and  employment  therein 
without  any  manner  of  interruption,  in  the  full  enjoyment  of  their 
liberty  and  property  as  long  as  they  behave  peaceably,  and  commit 
no  offense  against  the  laws;  and  their  goods  and  effects,  of  whatever 
description  they  may  be,  whether  in  their  own  custody  or  intrusted  to 
individuals  or  to  the  State,  shall  not  be  liable  to  seizure  or  sequestra- 
tion, nor  to  any  other  charges  or  demands  than  those  which  may  be 
made  upon  the  like  effects  or  property  belonging  to  the  native  citizens 
of  the  country  in  which  such  citizens  may  reside.  In  the  same  case 
debts  between  individuals,  property  in  public  funds,  and  shares  of 
companies,  shall  never  be  confiscated,  sequestered,  nor  detained. 

Article  XII. 

The  citizens  of  the  United  States  and  the  citizens  of  the  Republic 
of  Honduras,  respectively,  residing  in  any  of  the  territories  of  the 
other  party,  shall  enjoy  in  their  houses,  persons,  and  properties  the 
protection  of  the  Government,  and  shall  continue  in  possession  of  the 
guarantees  which  they  now  enjoy.  They  shall  not  be  disturbed, 
molested,  or  annoyed  in  any  manner  on  account  of  their  religious 
belief,  nor  in  the  proper  exercise  of  their  religion,  either  within  their 
own  private  houses  or  in  the  places  of  worship  destined  for  that  pur- 
pose, agreeably  to  the  system  of  tolerance  established  in  the  territories 
of  the  two  higii  contracting  parties ; provided  they  respect  the  religion 
of  the  nation  in  which  they  reside,  as  well  as  the  constitution,  laws, 
and  customs  of  the  country.  Liberty  shall  also  be  granted  to  bury 
the  citizens  of  either  of  the  two  high  contracting  parties  who  may 
die  in  the  territories  aforesaid,  in  burial  places  of  their  own,  which  in 
the  same  manner  may  be  freely  established  and  maintained ; nor  shall 
the  funerals  or  sepulchres  of  the  dead  be  disturbed  in  any  way,  or 
upon  any  account. 

Article  XIII. 

In  order  that  the  two  high  contracting  parties  may  have  the  oppor- 
tunity of  hereafter  treating  and  agreeing  upon  such  other  arrange- 
ments as  may  tend  still  further  to  the  improvement  of  their  mutual 
intercourse,  and  to  the  advancement  of  the  interests  of  their  respective 
citizens,  it  is  agreed  that,  at  any  time  after  the  expiration  of  seven 
years  from  the  date  of  exchange  of  the  ratifications  of  the  present 


HONDURAS — 1864. 


957 


treaty,  either  of  the  high  contracting  parties  shall  have  the  right  of 
giving  to  the  other  party  notice  of  its  intention  to  terminate  Articles 
IV,  V,  and  VI  of  the  present  treaty;  and  that  at  the  expiration  of 
twelve  months  after  such  notice  shall  have  been  received  by  either 
party  from  the  other,  the  said  articles,  and  all  the  stipulations  con- 
tained therein,  shall  cease  to  be  binding  on  the  two  high  contracting 
parties. 

Article  XIV. 

Inasmuch  as  a contract  was  entered  into  by  the  Government  of 
Honduras  and  a company  entitled  the  “ Honduras  Inter-oceanic  Rail- 
way Company,”  for  the  construction  of  a railway  from  the  Atlantic 
to  the  Pacific  Oceans,  through  the  territories  of  Honduras,  which  con- 
tract was  ratified  by  the  constitutional  powers  of  the  State,  and  pro- 
claimed as  a law  on  the  28th  April,  1854 ; and  inasmuch,  by  the  terms 
of  article  5,  section  VI,  of  said  contract,  “ the  Government  of  Hon- 
duras, with  the  view  to  secure  the  route  herein  contemplated  from  all 
interruption  and  disturbance  from  any  cause,  or  under  any  circum- 
stances, engages  to  open  negotiations  with  the  various  Governments 
with  which  it  may  have  relations  for  their  separate  recognition  of 
the  perpetual  neutrality,  and  for  the  protection  of  the  aforesaid 
route;  ” therefore,  to  carry  out  the  obligations  thus  incurred: 

1.  The  Government  of  Honduras  agrees  that  the  right  of  way  on  or 
transit  over  such  route  or  road,  or  any  other  that  may  be  constructed 
within  its  territories,  from  sea  to  sea,  shall  be  at  all  times  open  and 
free  to  the  Government  and  citizens  of  the  United  States  for  all  lawful 
purposes  whatever.  No  tolls,  duties,  or  charges  of  any  kind  shall  be 
imposed  by  the  Government  of  Honduras  on  the  transit  of  property 
belonging  to  the  Government  of  the  United  States,  or  on  the  public 
mails  sent  under  authority  of  the  same,  nor  on  the  citizens  of  the 
United  States.  And  all  lawful  produce,  manufactures,  merchandise, 
or  other  property  belonging  to  the  citizens  of  the  United  States,  pass- 
ing from  one  ocean  to  the  other,  in  either  direction,  shall  be  subject 
to  no  import  or  export  duties  whatever,  nor  to  any  discriminating 
tolls  or  charges  for  conveyance  or  transit,  on  any  such  route  or  road 
as  aforesaid,  and  shall  be  secure  and  protected  from  all  interruption 
or  detention  on  the  part  of  the  State.  The  Republic  of  Honduras 
further  agrees  that  any  other  privilege  or  advantage,  commercial  or 
other,  which  is  or  may  be  granted  to  the  subjects  or  citizens  of  any 
other  country,  in  regard  to  such  route  or  road  as  aforesaid,  shall  also, 
and  at  the  same  time,  be  extended  to  citizens  of  the  United  States;  and 
finally,  as  an  evidence  of  its  disposition  to  accord  to  the  travel  and 
commerce  of  the  world  all  the  advantages  resulting  from  its  position 
in  respect  to  the  two  great  oceans,  Honduras,  of  her  own  good  will, 
engages  to  establish  the  ports  at  the  extremities  of  the  contemplated 
road,  as  free  ports,  for  all  the  purposes  of  commerce  and  trade. 

2.  In  consideration  of  these  concessions,  in  order  to  secure  the  con- 
struction and  permanence  of  the  route  or  road  herein  contemplated, 
and  also  to  secure,  for  the  benefit  of  mankind,  the  uninterrupted  ad- 
vantages of  such  communication  from  sea  to  sea,  the  United  States 
recognizes  the  rights  of  sovereignty  and  property  of  Honduras  in 
and  over  the  line  of  said  road,  and  for  the  same  reason  guarantees, 
positively  and  efficaciously,  the  entire  neutrality  of  the  same,  so  long 
as  the  United  States  shall  enjoy  the  privileges  conceded  to  it  in  the 


958 


TREATIES,  CONVENTIONS,  ETC. 


preceding  section  of  this  article.  And  when  the  proposed  road  shall 
have  been  completed,  the  United  States  equally  engages,  in  conjunc- 
tion with  Honduras,  to  protect  the  same  from  interruption,  seizure,  or 
unjust  confiscation,  from  whatsoever  quarter  the  attempt  may  proceed. 

3.  Nevertheless,  the  United  States,  in  according  its  protection  to 
the  said  route  or  road,  and  guaranteeing  its  neutrality,  when  com- 
pleted, always  understand  that  this  protection  and  guarantee  are 
granted  conditionally,  and  may  be  withdrawn  if  the  United  States 
should  deem  that  the  persons  or  company  undertaking  or  managing 
the  same  adopt  or  establish  such  regulations  concerning  the  traffic 
thereupon  as  are  contrary  to  the  spirit  and  intention  of  this  article, 
either  by  making  unfair  discriminations  in  favor  of  the  commerce  of 
any  nation  or  nations  over  the  commerce  of  any  other  nation  or  na- 
tions, or  by  imposing  oppressive  exactions  or  unreasonable  tolls  upon 
passengers,  vessels,  goods,  wares,  merchandise,  or  other  articles.  The 
aforesaid  protection  and  guarantee  shall  not,  however,  be  withdrawn 
by  the  United  States  without  first  giving  six  months  notice  to  the 
Republic  of  Honduras. 


Article  XV. 

The  present  treaty  shall  be  ratified,  and  the  ratifications  shall  be 
exchanged  at  Comayagua  within  the  space  of  one  year,  or  sooner  if 
possible. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
same,  and  have  affixed  thereto  their  respective  seals. 

Done  at  Comayagua  this  fourth  day  of  July,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-four. 

[seal.]  Thos.  H.  Clay. 

[seal.]  M.  Colindres. 


1908. 

Naturalization  Convention. 

Conclnded  Jnne  23,  1908;  ratification  advised  by  the  Senate  Decem- 
ber 10,  1908 ; ratified  by  the  President  December  26,  1908;  ratifica- 
tions exchanged  AfiPL  16, 1909;  proclaimed  June  8, 1909. 

Articles. 

I.  Naturalization  recognized.  V.  Declaration  of  intention. 

II.  Readmission  to  former  status.  VI.  Effect ; duration ; ratification. 

III.  Definition  of  “ citizen.” 

IV.  Liability  for  offenses  committed 

before  emigration.^ 

The  President  of  the  United  States  of  America  and  the  President 
of  the  Republic  of  Honduras,  desiring  to  regulate  the  citizenship  of 
those  persons  who  emigrate  from  the  United  States  of  America  to 
Honduras,  and  from  Honduras  to  the  United  States  of  America, 
have  resolved  to  conclude  a Convention  on  this  subject;  and  for  that 


959 


HONDUEAS— 1908. 

purpose  have  appointed  their.  Plenipotentiaries,  to  conclude  a Con- 
vention, that  is  to  say : 

The  President  of  the  United  States  of  Ameri'ca,  H.  Percival  Dodge, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the  United 
States  of  America  near  the  Government  of  Honduras;  and 

The  President  of  Honduras,  Senor  Licenciado  Marcos  Lopez 
Ponce,  Sub-Secretary  of  Foreign  Affairs  of  the  Republic  of  Hon- 
duras ; 

Wlio,  having  examined  one  another’s  full  powers  and  having 
found  them  in  due  form,  have  agreed  to  and  signed  the  following 
Articles : 

Article  I 

Citizens  of  the  United  States  who  may  or  shall  have  been  natu- 
ralized in  Honduras,  upon  their  own  application  or  by  their  own 
consent,  will  be  considered  by  the  United  States  as  citizens  of  the 
Republic  of  Honduras.  Reciprocally,  Honduraneans  who  may  or 
shall  have  been  naturalized  in  the  United  States  upon  their  own 
application  or  with  their  own  consent,  will  be  considered  by  the 
Republic  of  Honduras  as  citizens  of  the  United  States. 

Article  II 

If  a Honduranean,  naturalized  in  the  United  States  of  America, 
renews  his  residence  in  Honduras,  without  intent  to  return  to  the 
United  States,  he  may  be  held  to  have  renounced  his  naturalization 
in  the  United  States.  Reciprocally,  if  a citizen  of  the  United  States, 
naturalized  in  Honduras,  renews  his  residence  in  the  United  States, 
without  intent  to  return  to  Honduras,  he  may  be  presumed  to  have 
renounced  his  naturalization  in  Honduras. 

The  intent  not  to  return  may  be  held  to  exist  when  the  person 
naturalized  in  the  one  country,  resides  more  than  two  years  in  the 
other  country,  but  this  presumption  may  be  destroyed  by  evidence  to 
the  contrary. 

Article  III 

It  is  mutually  agreed  that  the  definition  of  the  word  “ citizen,”  as 
used  in  this  Convention,  shall  be  held  to  mean  a person  to  whom  the 
nationality  of  the  United  States  or  of  Honduras  attaches. 

Article  IV 

A recognized  citizen  of  the  one  party,  returning  to  the  territory 
of  the  other,  remains  liable  to  trial  and  legal  punishment  for  an 
action  punishable  by  the  laws  of  his  original  country  and  committed 
before  his  emigration,  but  not  for  the  emigration  itself,  saving 
always  the  limitation  established  by  the  laws  of  his  original  country, 
and  any  other  remission  of  liability  to  punishment. 

Article  V 

The  declaration  of  intention  to  become  a citizen  of  the  one_  or  the 
other  country  has  not  for  either  party  the  effect  of  naturalization. 


960 


TBEATIES,  CONVENTIONS,  ETC. 
Article  VI 


The  present  Convention  shall  go  into  effect  immediately  on  the  ex- 
change of  ratifications,  and  in  the  event  of  either  party  giving  the 
other  notice  of  its  intention  to  terminate  the  Convention  it  shall  con- 
tinue to  be  in  effect  for  one  year  more,  to  count  from  the  date  of  such 
notice. 

The  present  Convention  shall  be  submitted  to  the  approval  and 
ratification  of  the  respective  appropriate  authorities  of  each  of  the 
Contracting  Parties,  and  the  ratifications  shall  be  exchanged  at 
Washington  or  at  Tegucigalpa  within  twenty-four  months  of  the 
date  hereof. 

In  witness  whereof,  the  Plenipotentiaries  of  the  United  States  of 
America  and  of  Honduras  have  signed  this  Convention  in  duplicate 
and  have  affixed  hereunto  their  respective  official  Seals  in  the  City  of 
Tegucigalpa,  on  the  twenty-third  day  of  June,  in  the  year  of  Our 
Lord  one  thousand  nine  hundred  and  eight. 

[seal.] 

[seal.] 


H.  Percival  Dodge. 
M.  Lopez  Ponce. 


ITALY. 

1868.“ 

Consular  Convention. 


Concluded  Fehruary  8, 1868;  ratifhcation  advised  hy  the  Sevute  June 
17,  1868;  ratvfied  hy  the  President  June  22,  1868;  ratifications  ex- 
changed Scftemher  17, 1868;  proclaimed  Fehruary  23,  1869. 


Articles. 


I.  Consuls. 

II.  Exequaturs. 

III.  Exemptions. 

IV.  Consuls  as  witnesses. 

V.  Arms  and  flag. 

VI.  Archives. 

VII.  Death  or  absence  of  consuls. 

VIII.  Vice  Consuls. 

IX.  Infraction  of  treaties. 


X.  Powers  of  consuls. 

XI.  Merchant  vessels. 

XII.  Settlement  of  disinites. 

XIII.  Deserters. 

XIV.  Damages  at  sea. 

XV.  Salvage. 

XVI.  Disposition  of  property. 

XVII.  Duration ; ratification. 


The  President  of  the  United  States  and  His  Majesty  the  King  of 
Italy,  recognizing  the  utility  of  defining  the  rights,  privileges,  and 
immunities  of  consular  officers  in  the  two  countries,  deem  it  expedient 
to  conclude  a consular  convention  for  that  purpose. 

Accordingly,  they  have  named : 

The  President  of  the  United  States,  William  H.  Seward,  Secre- 
tary of  State  of  the  United  States;  His  Majesty  the  King  of  Italy, 
the  Commander  Marcello  Cerruti,  &c.,  &c. ; 

Who,  after  communicating  to  each  other  their  full  powers,  found 
in  good  and  due  form,  have  agreed  upon  the  following  articles : 


Article  I. 


Each  of  the  high  contracting  parties  agrees  to  receive  from  the 
other  Consuls  General,  Consuls,  Vice-Consuls,  and  Consular  Agents, 
in  all  its  ports,  cities,  and  places,  except  those  where  it  may  not  be 
convenient  to  recognize  such  officers.  This  reservation,  however, 
shall  not  apply  to  one  of  the  high  contracting  parties  without  also 
applying  to  every  other  Power. 

Article  II. 


Consular  officers,  on  the  presentation  of  their  commissions  in  the 
forms  established  in  their  respective  countries,  shall  be  furnished 
with  the  necessary  exequatur  free  of  charge,  and  on  the  exhibition 

“ This  Convention  was  superseded  by  the  Convention  of  1878  upon  the  ex- 
change of  ratifications  September  17,  1878.  In  re  De  Giacema  (12  Blatch.,  391)  ; 
Ex  parte  Fudera  (162  Fed.  Kep.,  591). 


24449— VOL  1—10 61 


961 


962 


TREATIES,  CONVENTIONS,  ETC. 


of  this  instrument  they  shall  be  permitted  to  enjoy  the  rights,  pre- 
rogatives, and  immunities  granted  by  this  convention. 

Aeticee  III. 

Consular  officers,  citizens  or  subjects  of  the  State  by  which  they 
are  appointed,  shall  be  exempt  from  arrest,  except  in  the  case  of 
offences  which  the  local  legislation  qualifies  as  crimes,  and  punishes 
as  such;  from  military  billetings,  from  service  in  the  militia  or  in 
the  national  guard,  or  in  the  regular  army,  and  from  all  taxation. 
Federal,  State,  or  municipal.  If,  however,  they  are  citizens  or  sub- 
jects of  the  State  where  they  reside,  or  own  property,  or  engage  in 
business  there,  they  shall  be  liable  to  the  same  charges  of  all  kinds 
as  other  citizens  or  subjects  of  the  country,  who  are  merchants  or 
owners  of  property. 

Article  IV. 

No  consular  officer  who  is  a citizen  or  subject  of  the  State  by  which 
he  was  appointed,  and  who  is  not  engaged  in  business,  shall  be  com- 
pelled to  appear  as  a witness  before  the  courts  of  the  country  where 
he  may  reside.  When  the  testimony  of  such  a consular  officer  is 
needed,  he  shall  be  invited  in  writing  to  appear  in  court,  and  if 
unable  to  do  so,  his  testimony  shall  be  requested  in  writing,  or  be 
taken  orally,  at  his  dwelling  or  office. 

It  shall  be  the  duty  of  said  consular  officer  to  comply  with  this  re- 
quest, without  any  delay  which  can  be  avoided. 

In  all  criminal  cases  contemplated  by  the  sixth  article  of  the 
amendments  to  the  Constitution  of  the  United  States,  whereby  the 
right  is  secured  to  persons  charged  with  crimes  to  obtain  witnesses 
in  their  favor,  the  appearance  in  court  of  said  consular  officer  shall 
be  demanded,  with  all  possible  regard  to  the  consular  dignity  and 
to  the  duties  of  his  office.  A similar  treatment  shall  also  be  extended 
to  United  States  Consuls  in  Italy  in  the  like  cases. 

Ar'jtcle  V. 

Consuls  Generals,  Consuls,  Vice-Consuls,  and  Consular  Agents  may 
place  over  the  outer  door  of  their  offices,  or  of  their  dwelling-houses, 
the  arms  of  their  nation,  with  this  inscription,  “ Consulate,  or  Vice- 
Consulate,  or  Consular  Agency,”  of  the  United  States,  or  of  Italy, 
&c.,  &c.  And  they  may  also  raise  the  flag  of  their  country  on  their 
offices  or  dwellings,  except  in  the  capital  of  the  country,  when  there 
is  a legation  there. 

Article  VI. 

The  consular  offices  and  dwellings  shall  be  at  all  times  inviolable. 
The  local  authorities  shall  not,  under  any  pretext,  invade  them.  In 
no  case  shall  they  examine  or  seize  the  papers  there  deposited.  In 
no  case  shall  those  offices  or  dwellings  be  used  as  places  of  asylum. 
When,  however,  a consular  officer  is  engaged  in  other  business,  the 
papers  relating  to  the  consulate  shall  be  kept  separate. 


ITALY — 1868. 


963 


Aeticlb  VII. 

In  the  event  of  the  death,  incapacity,  or  absence  of  Consuls  Gen- 
eral, Consuls,  Vice-Consuls,  and  Consular  Agents,  their  chancellors 
or  secretaries,  whose  official  character  may  have  previously  been  made 
known  to  the  Department  of  State  at  Washington,  or  to  the  Minister 
for  Foreign  Affairs  in  Italy,  may  temporarily  exercise  their  func- 
tions, and  while  thus  acting  they  shall  enjoy  all  the  rights,  prerog- 
atives, and  immunities  granted  to  the  incumbents. 

Article  VIII. 

Consuls  General  and  Consuls  may,  with  the  approbation  of  their 
respective  Governments,  appoint  Vice-Consuls  and  Consular  Agents 
in  the  cities,  ports,  and  places  within  their  consular  jurisdiction. 
These  officers  may  be  citizens  of  the  United  States,  Italian  subjects, 
or  other  foreigners.  They  shall  be  furnished  with  a commission  by 
the  Consul  who  appoints  them,  and  under  whose  orders  they  are  to 
act.  They  shall  enjoy  the  privileges  stipulated  for  consular  officers 
in  this  convention,  subject  to  the  exceptions  specified  in  Articles  III 
and  IV. 

Article  IX. 

Consuls  General,  Consuls,  Vice-Consuls,  and  Consular  Agents,  may 
complain  to  the  authorities  of  the  respective  countries,  whether  Fed- 
eral or  lof:al,  judicial  or  local,  judicial  or  executive,  within  their  con- 
sular district,  of  any  infraction  of  the  treaties  and  conventions 
betiveen  the  United  States  and  Italy,  or  for  the  purpose  of  protecting 
the  rights  and  interests  of  their  countrymen.  If  the  complaint  should 
not  be  satisfactorily  redressed,  the  consular  officers  aforesaid,  in  the 
absence  of  a diplomatic  agent  of  their  country,  may  apply  directly  to 
the  Government  of  the  country  where  they  reside. 

Article  X. 

Consuls  General,  Consuls,  Vice-Consuls,  and  Consular  Agents  may 
take  at  their  offices,  at  the  residence  of  the  parties,  at  their  private 
residence,  or  on  board  ship,  the  depositions  of  the  captains  and  crews 
of  vessels  of  their  own  country,  of  passengers  on  board  of  them,  and 
of  any  other  citizen  or  subject  of  their  nation.  They  may  also  receive 
at  their  offices,  conformably  to  the  laws  and  regulations  of  their 
country,  all  contracts  between  the  citizens  and  subjects  of  their  coun- 
try, and  the  citizens,  subjects,  or  other  inhabitants  of  the  counti-y 
where  they  reside,  and  even  all  contracts  between  the  latter,  provided 
they  relate  to  property  situated  or  to  business  to  be  transacted  in  the 
territory  of  the  nation  to  which  said  consular  officer  may  belong. 
Copies  of  such  papers,  and  official  documents  of  every  kind,  whether 
in  the  original,  copy,  or  translation,  duly  authenticated  and  legalized, 
by  the  Consuls  General,  Consuls,  Vice-Consuls,  and  Consular  Agents, 
and  .sealed  with  their  official  seal,  shall  be  received  as  legal  documents 
in  courts  of  justice  throughout  the  United  States  and  Italy. 


964  TREATIES,  CONVENTIONS,  ETC. 

Article  XI. 

Consuls  General,  Consuls,  Vice-Consuls,  and  Consular  Agents  shall 
have  exclusive  charge  of  the  internal  order  of  the  merchant  vessels 
of  their  nation,  and  shall  alone  take  cognizance  of  differences  which 
may  arise,  either  at  sea  or  in  port,  between  the  captains,  officers,  and 
crews,  without  exception,  particularly  in  reference  to  the  adjustment 
of  wages  and  the  execution  of  contracts.  Neither  the  Federal,  State, 
or  municipal  authorities  or  courts  in  the  United  States,  nor  any  court 
or  authority  in  Italy,  shall  on  any  pretext  interfere  in  these  differ- 
ences, but  shall  render  forcible  aid  to  consular  officers,  when  they 
may  ask  it,  to  search,  arrest,  and  imprison  all  persons  composing  the 
crew  whom  they  may  deem  it  necessary  to  confine.  Those  persons 
shall  be  arrested  at  the  sole  request  of  the  Consuls,  addressed  in  writ- 
ing to  either  the  Federal,  State,  or  municipal  courts  or  authorities  in 
the  United  States,  or  to  any  court  or  authority  in  Italy,  and  sup- 
ported by  an  official  extract  from  the  register  of  the  ship,  or  the  list 
of  the  crew,  and  shall  be  held,  during  the  whole  time  of  their  stay  in 
the  port,  at  the  disposal  of  the  consular  officers. 

Their  release  shall  be  granted  at  the  mere  request  of  such  officers 
made  in  writing.  The  expenses  of  the  arrest  and  detention  of  those 
persons  shall  be  paid  by  the  consular  officers. 

Article  XII. 

In  conformity  with  the  act  of  Congress,  (5  [3]  March,  1855,  “to 
regulate  the  carriage  of  passengers  on  steamships  and  other  vessels,”) 
all  disputes  and  differences  of  any  nature  between  the  captains  and 
their  officers  on  one  hand,  and  the  passengers  of  their  ships  on  the 
other,  shall  be  brought  to  and  decided  by  the  circuit  or  district  courts 
in  the  United  States,  to  the  exclusion  of  all  other  courts  or  authorities. 

Article  XIII. 

The  respective  Consuls-General,  Consuls,  Vice-Consuls,  and  Con- 
sular Agents  may  arrest  the  officers,  sailors,  and  all  other  persons 
making  part  of  the  crew  of  ships  of  war  or  merchant  vessels  of  their 
nation  who  may  be  guilty,  or  be  accused  of  having  deserted  said  ships 
and  vessels,  for  the  purpose  of  sending  them  on  board  or  back  to  their 
country.  To  that  end,  the  Consuls  of  Italy  in  the  United  States  may 
apjily  in  writing  to  either  the  Federal,  State,  or  municipal  courts  or 
authorities ; and  the  Consuls  of  the  United  States  in  Italy  may  apply 
to  any  of  the  competent  authorities  and  make  a request  in  writing  for 
the  deserters,  supporting  it  by  the  exhibition  of  the  register  of  the  ves- 
sel and  list  of  the  crew,  or  by  other  official  documents,  to  show  that  the 
persons  claimed  belonged  to  the  said  crew. 

Upon  such  request  alone,  thus  supported,  and  without  the  exaction 
of  any  oath  from  the  consular  officers,  the  deserters,  not  being  citizens 
or  subjects  of  the  country  where  the  demand  is  made  at  the  time  of 
their  shipping,  shall  be  given  up.  All  the  necessary  aid  and  protec- 
tion shall  be  furnished  for  the  search,  pursuit,  seizure,  and  arrest  of 
the  deserters,  who  shall  even  be  put  and  kept  in  the  prisons  of  the 
country,  at  the  request  and  expense  of  the  consular  officers  until  there 
may  be  an  opportunity  for  sending  them  away.  If,  however,  such  an 


ITALY — 1868. 


965 


opportunity  should  not  present  itself  within  the  space  of  three 
months,  counting  from  the  day  of  the  arrest,  the  deserter  shall  be  set 
at  liberty,  nor  shall  he  be  again  arrested  for  the  same  cause. 

Article  XIV. 

In  the  absence  of  an  agreement  to  the  contrary  between  the  owners, 
freighters,  and  insurers,  all  damages  suffered  at  sea  by  the  vessels  of 
the  two  countries,  whether  they  enter  port  voluntarily  or  are  forced 
by  stress  of  weather,  shall  be  settled  by  the  Consuls-General,  Consuls, 
Vice-Consuls,  and  Consular  Agents  of  the  respective  countries  where 
they  reside.  If,  however,  any  inhabitant  of  the  country,  or  citizen, 
or  subject  of  a third  Power  shall  be  interested  in  the  rhatter,  and  the 
parties  cannot  agree,  the  competent  local  authorities  shall  decide. 

Article  XV. 

All  proceedings  relative  to  the  salvage  of  American  vessels  wrecked 
upon  the  coasts  of  Italy,  and  of  Italian  vessels  wrecked  upon  the 
coasts  of  the  United  States,  shall  be  directed  by  the  Consuls-General, 
Consuls,  and  Vice-Consuls  of  the  two  countries  respectively,  and,  until 
their  arrival,  by  the  respective  consular  agents,  whenever  an  agency 
exists.  In  the  places  and  ports  where  an  agency  does  not  exist,  the 
local  authorities,  until  the  arrival  of  the  Consul  in  whose  district  the 
wreck  may  have  occurred,  and.  who  shall  immediately  be  informed  of 
the  occurrence,  shall  take  all  necessary  measures  for  the  protection 
of  persons  and  the  preservation  of  property.  The  local  authorities 
shall  not  otherwise  interfere  than  for  the  maintenance  of  order,  the 
protection  of  the  interests  of  the  salvors,  if  they  do  not  belong  to  the 
crews  that  have  been  wrecked,  and  to  carry  into  effect  the  arrange- 
ments made  for  the  entrv  and  exportation  of  the  merchandise  saved. 
It  is  understood  that  such  merchandise  is  not  to  be  subjected  to  any 
custom-house  charges,  unless  it  be  intended  for  consumption  in  the 
country  where  the  wreck  may  have  taken  place. 

Article  XVI. 

In  case  of  the  death  of  a citizen  of  the  United  States  in  Italy,  or  of 
an  Italian  subject  in  the  United  States,  without  having  any  known 
heirs  or  testamentary  executor  by  him  appointed,  the  competent  local 
authorities  shall  inform  the  Consuls  or  Consular  Agents  of  the  nation 
to  which  the  deceased  belongs  of  the  circumstance,  in  order  that  the 
necessary  information  may  be  immediately  forwarded  to  parties 
interested. 

Article  XVII. 

The  present  convention  shall  remain  in  force  for  the  space  of  ten 
(10)  years,  counting  from  the  day  of  the  exchange  of  the  ratifica- 
tions, which  shall  be  made  in  conformity  with  the  respective  consti- 
tutions of  the  two  countries,  and  exchanged  at  Washington,  within 
the  period  of  six  (6)  months,  or  sooner  if  possible. 

In  case  neither  party  gives  notice,  twelve  (12)  months  after  the  ex- 
piration of  the  said  period  of  ten  (10)  years,  of  its  intention  not  to 
renew  this  convention,  it  shall  remain  in  force  one  (1)  year  longer, 
and  so  on  from  year  to  year,  until  the  expiration  of  a year  from  the 
day  on  which  one  of  the  parties  shall  have  given  such  notice. 


966 


TREATIES,  CONVENTIONS,  ETC. 


In  faith  whereof,  the  respective  Plenipotentiaries  have  signed  this 
convention,  and  have  hereunto  affixed  their  seals. 

Done  in  duplicate,  at  Washington,  the  eighth  day  of  February, 
1868,  the  ninety-second  year  of  the  Independence  of  the  United  States 
of  America. 

[seal.]  William  H.  Seward, 

[seal.]  Marcello  Cerruti. 


1869. 

Additional  Article  to  Convention  of  February  8,  1868. 

Concluded  January  21,  1869 ; ratifications  exchanged  at  W ashington 
May  7, 1869;  'proclaimed  May  11, 1869. 

The  exchange  of  ratifications  of  the  convention  for  regulating  the 
jurisdiction  of  Consuls,  between  the  United  States  and  His  Majesty 
the  King  of  Italy,  which  was  signed  on  the  8th  of  February,  1868, 
having  been  unavoidably  delayed  beyond  the  period  stipulated  in 
Article  XVII,  it  is  agreed  between  the  high  contracting  parties  that 
the  said  convention  shall  have  the  same  force  and  effect  as  it  would 
have  had  if  the  exchange  had  been  effected  within  the  stipulated 
period. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed  the 
present  article  in  duplicate,  and  have  affixed  thereto  the  seal  of  their 
arms. 

Done  at  Washington  the  21st  day  of  January,  1869. 

[seal.]  William  H.  Seward, 

[seal.]  M.  Cerruti. 

1868. 

Extradition  Convention.® 

Concluded  March  23,  1868;  ratification  advised  'with  an  amendment 
hy  the  Senate  June  17,1868;  ratified  hy  the  President  June  22, 1868 ; 
ratifications  exchanged  September  17,  1868;  proclaimed  September 
30,  1868. 

Articles. 


I.  Delivery  of  accused. 

II.  Extraditable  crimes. 

III.  Political  offenses. 

IV.  Persons  under  arrest. 


V.  Procedure. 

VI.  Expenses. 

VII.  Duration ; ratification. 


The  United  States  of  America  and  His  Majesty  the  King  of  Italy, 
having  judged  it  expedient,  with  a view  to  the  better  administration 
of  justice,  and  to  the  prevention  of  crimes  within  their  respective  ter- 
ritories and  jurisdiction,  that  persons  convicted  of  or  charged  with  the 
crimes  hereinafter  specified,  and  being  fugitives  from  justice,  should, 
under  certain  circumstances,  be  reciprocally  delivered  up,  have  re- 
solved to  conclude  a convention  for  that  purpose,  and  have  appointed 
as  their  Plenipotentiaries: 

The  President  of  the  United  States,  William  H.  Seward,  Secretary 
of  State;  His  Majesty  the  King  of  Italy,  the  Commander  Marcello 
Cerruti,  Envoy  Extraordinary  and  Minister  Plenipotentiary; 


Federal  case:  In  re  De  Giacoma  (12  Blatcb.,  391). 


ITALY- — 1868. 


967 


Who,  after  reciprocal  oommunication  of  their  full  jDOwers,  found  in 
good  and  due  form,  have  agreed  upon  the  following  articles,  to  wit: 

Aeticle  I. 

The  Government  of  the  United  States  and  the  Government  of  Italy 
mutually  agree  to  deliver  up  persons  who,  having  been  convicted  of 
or  charged  with  the  crimes  specified  in  the  following  article,  com- 
mitted within  the  jurisdiction  of  one  of  the  contracting  parties,  shall 
seek  an  asylum  or  be  found  within  the  territories  of  the  other : Pro- 
vided, that  this  shall  only  be  done  upon  such  evidence  of  criminality 
as,  according  to  the  laws  of  the  place  where  the  fugitive  or  person 
so  charged  shall  be  found,  would  justify  his  or  her  apprehension  and 
commitment  for  trial,  if  the  crime  had  been  there  committed. 

Aeticle  II. 

Persons  shall  be  delivered  up  who  shall  have  been  convicted  of,  or 
be  charged,  according  to  the  provisions  of  this  convention,  with  any 
of  the  following  crimes : ® 

1.  Murder,  comprehending  the  crimes  designated  in  the  Italian 
penal  code  by  the  terms  of  parricide,  assassination,  poisoning,  and 
infanticide. 

2.  The  attempt  to  commit  murder. 

3.  The  crimes  of  rape,  arson,  piracy,  and  mutiny  on  board  a ship, 
whenever  the  crew,  or  part  thereof,  by  fraud  or  violence  against  the 
commander,  have  taken  possession  of  the  vessel. 

4.  The  crime  of  burglary,  defined  to  be  the  action  of  breaking  and 
entering  by  night  into  the  house  of  another  with  the  intent  to  commit 
felony;  and  the  crime  of  robbery,  defined  to  be  the  action  of  feloni- 
ously and  forcibly  taking  from  the  person  of  another  goods  or  money, 
by  violence  or  putting  him  in  fear. 

5.  The  crime  of  forgery,  by  which  is  understood  the  utterance  of 
forged  papers,  the  counterfeiting  of  public,  sovereign,  or  Government 
acts. 

6.  The  fabrication  or  circulation  of  counterfeit  money,  either  coin 
or  paper,  of  public  bonds,  bank-notes,  and  obligations,  and  in  general 
of  any  title  and  instrument  of  credit  whatsoever,  the  counterfeiting  of 
seals,  dies,  stamps,  and  marks  of  State  and  public  administrations, 
and  the  utterance  thereof. 

7.  The  embezzlement  of  public  moneys,  committed  within  the  juris- 
diction of  either  party,  by  public  officers  or  depositors. 

8.  Embezzlement*  by  any  person  or  persons  hired  or  salaried,  to 
the  detriment  of  their  employers,  when  these  crimes  are  subject  to 
infamous  punishment. 

Aeticle  III. 

Tlie  provisions  of  this  treaty  shall  not  apply  to  any  crime  or  offence 
of  a political  character,  and  the  person  or  persons  delivered  up  for  the 
crimes  enumerated  in  the  preceding  article  shall  in  no  case  be  tried 
for  any  ordinary  crime,  committed  previously  to  that  for  which  his 
or  their  surrender  is  asked. 


“ Kidnapping  added  to  the  list  of  crimes  by  Article  I of  the  convention  of 
.June  11,  1884. 

''Amended  by  convention  of  January  21,  1869. 


968 


TREATIES,  CONVENTIONS,  ETC. 


Article  IV.  « 

If  the  person  whose  surrender  may  be  claimed,  pursuant  to  the 
stipulations  of  the  present  treaty,  shall  have  been  arrested  for  the 
commission  of  offences  in  the  country  where  he  has  sought  an  asylum, 
or  shall  have  been  convicted  thereof,  his  extradition  may  be  deferred 
until  he  shall  have  been  acquitted,  or  have  served  the  term  of  impris- 
onment to  which  he  may  have  been  sentenced. 

Article  V.“ 

Requisitions  for  the  surrender  of  fugitives  from  justice  shall  be 
made  by  the  respective  Diplomatic  Agents  of  the  contracting  parties, 
or  in  the  event  of  the  absence  of  these  from  the  country  or  its  seat 
of  Government,  they  may  be  made  by  superior  consular  officers.  If 
the  person  whose  extradition  may  be  asked  for  shall  have  been  con- 
victed of  a crime,  a copy  of  the  sentence  of  the  court  in  which  he  may 
have  been  convicted,  authenticated  under  its  seal,  and  an  attestation 
of  the  official  character  of  the  judge  by  the  proper  executive  author- 
ity, and  of  the  latter  by  the  Minister  or  Consul  of  the  United  States 
or  of  Italy,  respectively,  shall  accompany  the  requisition.  When, 
however,  the  fugitive  shall  have  been  merely  charged  with  crime,  a 
duly  authenticated  copy  of  the  warrant  for  his  arrest  in  the  country 
where  the  crime  may  have  been  committed,  or  of  the  depositions  upon 
which  such  warrant  may  have  been  issued,  must  accompany  the 
requisition  as  aforesaid.  The  President  of  the  United  Stat^,  or  the 
proper  executive  authority  in  Italy,  may  then  issue  a warrant  for  the 
apprehension  of  the  fugitive,  in  order  that  he  may  be  brought  before 
the  proper  judicial  authority  for  examination.  If  it  should  then  be 
decided  that,  according  to  law  and  the  evidence,  the  extradition  is  due 
pursuant  to  the  treaty,  the  fugitive  may  be  given  up  according  to  the 
forms  prescribed  in  such  cases. 

Article  VI. 

The  expenses  of  the  arrest,  detention,  and  transportation  of  the 
persons  claimed,  shall  be  paid  by  the  Government  in  whose  name  the 
requisition  shall  have  been  made. 

Article  VII. 

This  convention  shall  continue  in  force  during  five  (5)  years  from 
the  day  of  exchange  of  ratifications;  but  if  neither  party  shall  have 
given  to  the  other  six  (6)  months’  previous  notice  of  its  intention  to 
terminate  the  same,  the  convention  shall  remain  in  force  five  years 
longer,  and  so  on. 

The  present  convention  shall  be  ratified,  and  the  ratifications  ex- 
changed at  Washington,  within  six  (6)  months,  and  sooner  if  possible. 

In  witness  whereof,  the  resj^ective  Plenipotentiaries  have  signed  the 
present  convention  in  duplicate,  and  have  thereunto  affixed  their  seals. 

Done  at  Washington  the  twenty-third  day  of  March,  A.  D.  one 
thousand  eight  hundred  and  sixty-eight,  and  of  the  Independence  of 
the  United  States  the  ninety -second. 

[seal.]  William  H.  Seward. 

[seal.]  M.  Cerruti. 


“Ameiitletl  by  .Article  II  of  the  couvention  of  June  11,  1884. 


ITALY — 1869-1871. 


969 


1869. 

Extradition  Convention. 

Concluded  January  21,  1869;  ratification  advised  Toy  the  senate  FeTo- 
ruary  16,  1869;  ratified  by  the  President  February  23,  1869;  rati- 
f cations  exchanged  May  7,  1869;  proclaimed  May  11,  1869. 

It  is  agreed  that  the  concluding  paragraph  of  the  second  article 
of  the  convention  aforesaid  shall  be  so  amended  as  to  read  as  follows: 

8.  Embezzlement  by  any  person  or  persons  hired  or  salaried,  to 
the  detriment  of  their  employers,  when  these  crimes  are  subject  to 
infamous  punishment  according  to  the  laws  of  the  United  States, 
and  criminal  punishment  according  to  the  laws  of  Italy. 

In  witness  whereof,  the  respective  PlenijDotentiaries  have  signed 
the  present  article  in  duplicate,  and  have  affixed  thereto  the  seal  of 
their  arms. 

Done  at  Washington  the  21st  day  of  January,  1869. 

[seal.]  William  H.  Seward, 

[seal.  M.  Cerruti. 


1871. 


Treaty  of  Commerce  and  Navigation.® 

Concluded  February  26,  1871;  ratif cation  advised  by  the  Senate 
April  15,  1871;  ratifed  by  the  President  April  29,  1871;  ratifea- 
tions  exchanged  November  18, 1871;  proclaimed  November  23, 1871. 

Articles. 


I.  Freedom  of  commerce  and  navi- 
gation. 

II.  Liberty  to  trade  and  travel. 

III.  Rights  of  person  and  property ; 

exemptions. 

IV.  Embargo. 

V.  No  shipping  discriminations. 

VI.  No  discriminations  of  imports 
and  exports. 

VII.  Shipping  privileges. 

VIII.  Exemptions  from  shipping  dues, 
etc. 

IX.  Shipwrecks. 

X.  Completing  crews. 

XI.  Piratical  captures. 

XII.  Exemptions  in  war. 


XIII.  Blockade. 

XIV.  Regulation  of  blockades. 

XV.  Contraband  articles. 

XVI.  Rights  of  neutrals ; free  ships, 
free  goods. 

XVII.  Proof  of  nationality  of  vessels. 
XVIII.  Right  of  search. 

XIX.  Vessels  under  convoy. 

XX.  Conduct  of  commanders  of  war 
vessels. 

XXI.  Protection  in  case  of  war. 

XXII.  Disposal  of  property. 

XXIII.  Legal  rights. 

XXIV.  Most  favored  nation  privileges. 

XXV.  Duration. 

XXVI.  Ratification. 


The  United  States  of  America  and  His  Majesty  the  King  of  Italy, 
desiring  to  extend  and  facilitate  the  relations  of  commerce  and  naviga- 
tion between  the  two  countries,  have  determined  to  conclude  a treaty 
for  that  purpose,  and  have  named  as  their  respective  Plenipotentiaries : 

The  United  States  of  America,  George  Perkins  Marsh,  their  Envoy 
Extraordinary  and  Minister  Plenipotentiary  near  His  Majesty  the 


“Federal  cases:  Storti  v.  Massachusetts  (183  U.  S.,  138);  Maiorano  v. 
Baltimore  & Ohio  Ry.  Co.  (213  U.  S.,  268)  ; Cantini  v.  Tillman  (54  Fed.  Rep., 
969)  ; Tuleo  v.  Schuylkill  Stone  Co.  (163  Fed.  Rep.,  124)  ; Tuleo  v.  SchuylkiU 
Stone  Co.  (169  Fed.  Rep.,  98). 


970 


TREATIES,  CONVENTIONS,  ETC. 


King  of  Italy;  and  His  Majesty  the  King  of  Italy,  the  Noble  Emilio 
Visconti  Venosta,  Grand  Cordon  of  his  Orders  of  the  Saints  Maurice 
and  Lazarus,  and  of  the  Crown  of  Italy,  Deputy  in  Parliament,  and 
his  Minister  Secretary  of  State  for  Foreign  Affairs; 

And  the  said  Plenipotentiaries,  having  exchanged  their  full  powers, 
found  in  good  and  due  form,  have  concluded  and  signed  the  following 
articles : 

Article  I. 

There  shall  be  between  the  territories  of  the  high  contracting 
parties  a reciprocal  liberty  of  commerce  and  navigation. 

Italian  citizens  in  the  United  States,  and  citizens  of  the  United 
States  in  Italy,  shall  mutually  have  liberty  to  enter  with  their  ships 
and  cargoes  all  the  ports  of  the  United  States  and  of  Italy,  respec- 
tively, which  may  be  open  to  foreign  commerce.  They  shall  also  have 
liberty  to  sojourn  and  reside  in  all  parts  whatever  of  said  territories. 
They  shall  enjoy,  respectively,  within  the  States  and  possessions  of 
each  party,  the.  same  rights,  privileges,  favors,  immunities,  and  exemp- 
tions for  their  commerce  and  navigation  as  the  natives  of  the  country 
wherein  they  reside,  without  paying  other  or  higher  duties  or  charges 
than  are  paid  by  the  natives,  on  condition  of  their  submitting  to  the 
laws  and  ordinances  there  prevailing. 

War  vessels  of  the  two  Powers  shall  receive  in  their  respective  ports 
the  treatment  of  those  of  the  most  favored  nation. 

Article  II. 

The  citizens  of  each  of  the  high  contracting  parties  shall  have 
liberty  to  travel  in  the  States  and  Territories  of  the  other,  to  carry 
on  trade,  wholesale  and  retail,  to  hire  and  occupy  houses  and  ware- 
houses, to  employ  agents  of  their  choice,  and  generally  to  do  anything 
incident  to  or  necessary  for  trade,  upon  the  same  terms  as  the  natives 
of  the  country,  submitting  themselves  to  the  laws  there  established. 

Article  III. 

The  citizens  of  each  of  the  high  contracting  parties  shall  receive,  in 
the  States  and  Territories  of  the  other,  the  most  constant  protection 
and  security  for  their  persons  and  property,  and  shall  enjoy  in  this 
respect  the  same  rights  and  privileges  as  are  or  shall  be  granted  to  the 
natives,  on  their  submitting  themselves  to  the  conditions  imposed 
upon  the  natives. 

They  shall,  however,  be  exempt  in  their  respective  territories  from 
compulsory  military  service,  either  on  land  or  sea,  in  the  regular 
forces,  or  in  the  national  guard,  or  in  the  militia.  They  shall  likewi^ 
be  exempt  from  any  judicial  or  municipal  office,  and  from  any  contri- 
bution whatever,  in  kind  or  in  money,  to  be  levied  in  compensation 
for  personal  services. 

Article  IV. 

The  citizens  of  neither  of  the  contracting  parties  shall  be  liable,  in 
the  States  or  Territories  of  the  other,  to  any  embargo,  nor  shall  they 
be  detained  with  their  vessels,  cargoes,  merchandise,  or  effects,  for 


ITALY 1871. 


971 


any  military  expedition,  nor  for  any  public  or  private  purpose  what- 
soever, without  allowing  to  those  interested  a sufficient  indemnification 
previously  agreed  upon  when  possible. 

Article  V. 

The  high  contracting  parties  agree  that  whatever  kind  of  produce, 
manufactures,  or  merchandise  of  any  foreign  country  can  be  from 
time  to  time  lawfully  imported  into  the  United  States,  in  their  own 
vessels,  may  be  also  imported  in  Italian  vessels;  that  no  other  or 
higher  duties  upon  the  tonnage  of  the  vessel  or  her  cargo  shall  be 
levied  and  collected,  whether  the  importation  be  made  in  vessels  of 
the  one  country  or  of  the  other ; and,  in  like  manner,  that  whatsoever 
kind  of  produce,  manufactures,  or  merchandise  of  any  foreign  country 
can  be  from  time  to  time  lawfully  imported  into  Italy  in  its  own  ves- 
sels, may  be  also  imported  in  vessels  of  the  United  States,  and  that 
no  higher  or  other  duties  upon  the  tonnage  of  the  vessel  or  her  cargo 
shall  be  levied  and  collected,  whether  the  importation  be  made  in  ves- 
sels of  the  one  country  or  of  the  other;  and  they  further  agree  that 
whatever  may  be  lawfully  exported  and  re-exported  from  the  one 
country,  in  its  own  vessels,  to  any  foreign  country,  may  in  the  like 
manner  be  exported  or  re-exported  in  the  vessels  of  the  other  country, 
and  the  same  bounties,  duties,  and  drawbacks  shall  be  allowed  and 
collected,  whether  such  exportation  or  re-exportation  be  made  in 
vessels  of  the  United  States  or  of  Italy. 

Article  VI. 

No  higher  or  other  duties  shall  be  imposed  on  the  importation 
into  the  United  States  of  any  articles,  the  produce  or  manufactures 
of  Italy,  and  no  higher  or  other  duties  shall  be  imposed  on  the  im- 
portation into  Italy  of  any  articles,  the  produce  or  manufactures  of 
the  United  States,  than  are  or  shall  be  payable  on  the  like  articles, 
being  the  produce  or  the  manufactures  of  any  other  foreign  country ; 
nor  shall  any  other  or  higher  duties  or  charges  be  imposed,  in  either 
of  the  two  countries,  on  the  exportation  of  any  articles  to  the  United 
States  or  to  Italy,  respectively,  than  such  as  are  payable  on  the 
exportation  of  the  like  articles  to  any  foreign  country,  nor  shall  any 
prohibition  be  imposed  on  the  importation  or  the  exportation  of  any 
articles  the  produce  or  manufactures  of  the  United  States  or  of  Italy, 
to  or  from  the  territories  of  the  United  States,  or  to  or  from  the 
territories  of  Italy,  which  shall  not  equally  extend  to  all  other  nations. 

Article  VII. 

Vessels  of  the  United  States  arriving  at  a port  of  Italy,  and,  re- 
ciprocally, vessels  of  Italy  arriving  at  a port  of  the  United  States, 
may  proceed  to  any  other  port  of  the  same  country,  and  may  there 
discharge  such  part  of  their  original  cargoes  as  may  not  have  been 
discharged  at  the  port  where  they  first  arrived.  It  is,  however,  un- 
derstood and  agreed  that  nothing  contained  in  this  article  shall  apply 
to  the  coastwise  navigation,  which  each  of  the  two  contracting  parties 
reserves  exclusively  to  itself. 


972 


TEEATIES,  CONVENTIONS,  ETC. 

Akticle  vm. 


The  following  shall  be  exempt  from  paying  tonnage,  anchorage, 
and  clearance  duties  in  the  respective  ports: 

1st.  Vessels  entering  in  ballast,  and  leaving  again  in  ballast,  from 
whatever  port  they  may  come. 

2.  Vessels  passing  from  a port  of  either  of  the  two  States  into  one 
(XT  more  ports  of  the  same  State,  therein  to  discharge  a part  or  all  of 
their  cargo,  or  take  in  or  complete  their  cargo,  whenever  they  shall 
furnish  proof  of  having  already  paid  the  aforesaid  duties. 

3.  Loaded  vessels  entering  a port  either  voluntarily  or  forced  from 
stress  of  weather,  and  leaving  it  without  having  disposed  of  the  whole 
or  part  of  their  cargoes,  or  having  therein  completed  their  cargoes. 

No  vessel  of  the  one  country,  which  may  be  compelled  to  enter  a 
port  of  the  other,  shall' be  regarded  as  engaging  in  trade  if  it  merely 
breaks  bulk  for  repairs,  transfers  her  cargo  to  another  vessel  on 
account  of  unseaworthiness,  purchases  stores,  or  sells  damaged  goods 
for  re-exportation.  It  is,  however,  understood  that  all  portions  of 
such  damaged  goods  destined  to  be  sold  for  internal  consumption 
shall  be  liable  to  the  payment  of  custom  duties. 

Article  IX. 

When  any  vessel  belonging  to  the  citizens  of  either  of  the  contract- 
* ing  parties  shall  be  wrecked,  foundered,  or  shall  suffer  any  damage, 
on  the  coasts  or  within  the  dominions  of  the  other,  there  shall  be 
given  to  it  all  assistance  and  protection  in  the  same  manner  which 
is  usual  and  customary  with  the  vessels  of  the  nation  where  the 
damage  happens,  permitting  them  to  unload  the  said  vessel,  if  neces- 
sary, of  its  merchandise  and  effects,  and  to  reload  the  same,  or  part 
thereof,  paying  no  duties  whatsoever  but  such  as  shall  be  due  upon 
the  articles  left  for  consumption. 

Article  X. 

Vessels  of  either  of  the  contracting  parties  shall  have  liberty,  within 
the  territories  and  dominions  of  the  other,  to  complete  their  crew,  in 
order  to  continue  their  voyage,  with  sailors  articled  in  the  country, 
provided  they  submit  to  the  local  regulations  and  their  enrolment  be 
voluntary. 

Article  XI. 

All  ships,  merchandise,  and  effects  belonging  to  the  citizens  of  one 
of  the  contracting  parties,  which  may  be  captured  by  pirates,  whether 
within  the  limits  of  its  jurisdiction  or  on  the  high  seas,  and  may  be 
carried  or  found  in  the  rivers,  roads,  bays,  ports  or  dominions  of  the 
other,  shall  be  delivered  up  to  the  owners,  they  proving,  in  due  and 
proper  form,  their  rights  before  the  competent  tribunals;  it  being 
well  understood  thfit  the  claim  should  be  made  within  the  term  of  one 
year,  by  the  parties  themselves,  their  attorneys,  or  agents  of  the  re- 
spective Governments. 

Article  XII. 

The  high  contracting  parties  agree  that,  in  the  unfortunate  event 
of  a war  between  them,  the  private  property  of  their  respective  citi- 


ITALY — -1871. 


973 


zens  and  subjects,  with  the  exception  of  contraband  of  war,  shall  be 
exempt  from  capture  or  seizure,  on  the  high  seas  or  elsewhere,  by 
the  armed  vessels  or  by  the  military  forces  of  either  party ; it  being 
understood  that  this  exemption  shall  not  extend  to  vessels  and  their 
cargoes  which  may  attempt  to  enter  a port  blockaded  by  the  naval 
forces  of  either  party. 

Article  XIII. 

The  high  contracting  parties  having  agreed  that  a state  of  war 
between  one  of  them  and  a third  Power  shall  not,  except  in  the  cases 
of  blockade  and  contraband  of  war,  effect  the  neutral  commerce  of 
the  other,  and  being  desirous  of  removing  every  uncertainty  which 
may  hitherto  have  arisen  respecting  that  which,  upon  principles  of 
fairness  and  justice,  ought  to  constitute  a legal  blockade,  they  hereby 
expressly  declare  that  such  places  only  shall  be  considered  blockaded 
as  shall  be  actually  invested  by  naval  forces  capable  of  preventing 
the  entry  of  neutrals,  and  so  stationed  as  to  create  an  evident  danger 
on  their  part  to  attempt  it. 

Article  XIV. 

And  whereas  it  frequently  happens  that  vessels  sail  for  a port  or  a 
place  belonging  to  an  enemy  without  knowing  that  the  same  is  be- 
sieged, blockaded,  or  invested,  it  is  agreed  that  every  vessel  so  circum- 
stanced may  be  turned  away  from  such  port  or  place,  but  shall  not  be 
detained,  nor  shall  any  part  of  her  cargo,  if  not  contraband  of  war, 
be  confiscated,  unless,  after  a warning  of  such  blockade  or  investment 
from  an  officer  commanding  a vessel  of  the  blockading  forces,  by  an 
endorsement  of  such  officer  on  the  papers  of  the  vessel,  mentioning 
the  date  and  the  latitude  and  longitude  where  such  endorsement  was 
made,  she  shall  again  attempt  to  enter ; but  she  shall  be  permitted  to 
go  to  any  other  port  or  place  she  shall  think  proper.  Nor  shall  any 
vessel  of  either,  that  may  have  entered  into  such  a port  before  the 
same  was  actually  besieged,  blockaded,  or  invested  by  the  other,  be 
restrained  from  quitting  such  place  with  her  cargo,  nor,  if  found 
therein  after  the  reduction  and  surrender,  shall  such  vessel  or  her 
cargo  be  liable  to  confiscation,  but  they  shall  be  restored  to  the 
owners  thereof;  and  if  any  vessel,  having  thus  entered  any  port 
before  the  blockade  took  place,  shall  take  on  board  a cargo  after  the 
blockade  be  established,  she  shall  be  subject  to  being  warned  by  the 
blockading  forces  to  return  to  the  port  blockaded  and  discharge  the 
said  cargo,  and  if,  after  receiving  the  said  warning,  the  vessel  shall 
persist  in  going  out  with  the  cargo,  she  shall  be  liable  to  the  same 
consequences  as  a vessel  attempting  to  enter  a blockaded  port  after 
being  warned  off  by  the  blockading  forces. 

Article  XV. 

The  liberty  of  navigation  and  commerce  secured  to  neutrals  by  the 
stipulations  "of  this  treaty  shall  extend  to  all  kinds  of  merchandise, 
excepting  those  only  which  are  distingushed  by  the  name  of  contra- 
band of  war.  And,  in  order  to  remove  all  causes  of  doubt  and  mis- 
understanding upon  this  subject,  the  contracting  parties  expressly 


974 


TREATIES,  CONVENTIONS,  ETC. 


agree  and  declare  that  the  following  articles,  and  no  others,  shall  be 
considered  as  comprehended  under  this  denomination : 

1.  Cannons,  mortars,  howitzers,  swivels,  blunderbusses,  muskets, 
fusees,  rifles,  carbines,  pistols,  pikes,  swords,  sabers,  lances,  spears,  hal- 
berds, bombs,  grenades,  powder,  matches,  balls,  and  all  other  things 
belonging  to,  and  expressly  manufactured  for,  the  use  of  these  arms. 

2.  Infantry  belts,  implements  of  war  and  defensive  weapons, 
clothes  cut  or  made  up  in  a military  form  and  for  a military  use. 

3.  Cavalry  belts,  war  saddles  and  holsters. 

4.  And  generally  all  kinds  of  arms  and  instruments  of  iron,  steel, 
brass,  and  copjoer,  or  of  any  other  materials  manufactured,  prepared, 
and  formed  expressly  to  make  war  by  sea  or  land. 

Article  XVI. 

It  shall  be  lawful  for  the  citizens  of  the  United  States,  and  for  the 
subjects,  of  the  Kingdom  of  Italy,  to  sail  with  their  ships  with  all 
manner  of  liberty  and  security,  no  distinction  being  made  who  are 
the  proprietors  of  the  merchandise  laden  thereon,  from  any  port  to 
the  places  of  those  who  now  are,  or  hereafter  shall  be,  at  enmity  with 
either  of  the  contracting  parties.  It  shall  likewise  be  lawful  for  the 
citizens  aforesaid  to  sail  with  the  ships  and  merchandise  before 
mentioned,  and  to  trade  with  the  same  liberty  and  security  from  the 
places,  ports,  and  havens  of  those  who  are  enemies  of  both  or  either 
party  without  any  opposition  or  disturbance  whatever,  not  only 
directly  from  the  places  of  the  enemy  before  mentioned  to  neutral 
places,  but  also  from  one  place  belonging  to  an  enemy  to  another 
place  belonging  to  an  enemy,  whether  they  be  under  the  jurisdiction 
of  one  power  or  under  several;  and  it  is  hereby  stipulated  that  free 
ships  shall  also  give  freedom  to  goods,  and  that  everything  shall  be 
deemed  to  be  free  and  exempt  from  capture  which  shall  be  found  on 
board  the  ships  belonging  to  the  citizens  of  either  of  the  contracting 
parties,  although  the  whole  lading  or  any  part  thereof  should  apper- 
tain to  the  enemies  of  the  other,  contraband  goods  being  always  ex- 
cepted. It  is  also  agreed,  in  like  manner,  that  the  same  liberty  be 
extended  to  persons  who  are  on  board  of  a free  ship ; and  they  shall 
not  be  taken  out  of  that  free  ship  unless  they  are  officers  or  soldiei-s, 
and  in  the  actual  service  of  the  enemy:  Provided,  however,  and  it 
is  hereby  agreed,  that  the  stipulations  in  this  article  contained,  de- 
claring that  the  flag  shall  cover  the  property,  shall  be  understood  as 
applying  to  those  Powers  only  who  recogmize  this  principle,  but  if 
either  of  the  two  contracting  parties  shall  be  at  war  with  a third, 
and  the  other  neutral,  the  flag  of  the  neutral  shall  cover  the  property 
of  enemies  whose  Governments  acknowledge  this  principle,  and  not 
of  others. 

Article  XVII. 

All  A^essels  sailing  under  the  flag  of  the  United  States,  and  fur- 
nished with  such  papers  as  their  laws  require,  shall  be  regarded  in 
Italy  as  vessels  of  the  United  States,  and,  reciprocally,  all  vessels 
sailing  under  the  flag  of  Italy,  and  furnished  with  the  papere  which 
the  laws  of  Italy  require,  shall  be  regarded  in  the  United  States  as 
Italian  vessels. 


ITALY — ^1871. 


975 


Abticle  xvm. 

In  order  to  prevent  all  kinds  of  disorder  in  the  visiting  and  ex- 
amination of  the  ships  and  cargoes  of  both  the  contracting  parties 
on  the  high  seas,  they  have  agreed,  mutually,  that  whenever  a vessel 
of  war  shall  meet  with  a vessel  not  of  war  of  the  other  contracting 
party,  the  first  shall  remain  at  a convenient  distance,  and  may  send 
its  boat,  with  two  or  three  men  only,  in  order  to  execute  the  said 
examination  of  the  papers,  concerning  the  ownership  and  cargo  of 
the  vessel,  without  causing  the  least  extortion,  violence,  or  ill-treat- 
ment; and  it  is  expressly  agTeed  that  the  unarmed  party  shall  in 
no  case  be  required  to  go  on  board  the  examining  vessel  for  the 
purpose  of  exhibiting  his  papers,  or  for  any  other  purpose  whatever. 

Article  XIX. 

It  is  agreed  that  the  stipulations  contained  in  the  present  treaty 
relative  to  the  visiting  and  examining  of  a vessel  shall  apply  only 
to  those  which  sail  without  a convoy ; and  when  said  vessels  shall  be 
under  convoy  the  verbal  declaration  of  the  commander  of  the  convoy, 
on  his  word  of  honor,  that  the  vessels  under  his  protection  belong 
to  the  nation  whose  flag  he  carries,  and  when  bound  to  an  enemy’s 
port,  that  they  have  no  contraband  goods  on  board,  shall  be  sufficient. 

Article  XX. 

In  order  effectually  to  provide  for  the  security  of  the  citizens  and 
subjects  of  the  contracting  parties,  it  is  agreed  between  them  that 
all  commanders  of  ships  of  war  of  each  party,  respectively,  shall  be 
strictly  enjoined  to  forbear  from  doing  any  damage  to  or  committing 
any  outrage  against  the  citizens  or  subjects  of  the  other,  or  against 
their  vessels  or  property;  and  if  the  said  commanders  shall  act  con- 
trary to  this  stipulation,  they  shall  be  severely  punished,  and  made 
answerable  in  their  persons  and  estates  for  the  satisfaction  and 
reparation  of  said  damages,  of  whatever  nature  they  may  be. 

Article  XXI. 

If  by  any  fatality,  which  cannot  be  expected,  and  which  may  God 
avert,  the  two  contracting  parties  should  be  engaged  in  a war  with 
each  other,  they  have  agreed  and  do  agree,  now  for  then,  that  there 
shall  be  allowed  the  term  of  six  months  to  the  merchants  residing 
on  the  coasts  and  in  the  ports  of  each  other,  and  the  term  of  one 
year  to  those  who  dwell  in  the  interior,  to  arrange  their  business, 
and  transport  their  effects  wherever  they  please,  with  the  safe  con- 
duct necessary  to  protect  them  and  their  property,  until  they  arrive 
at  the  ports  designated  for  their  embarkation.  And  all  women  and 
children,  scholars  of  every  faculty,  cultivators  of  the  earth,  artisans, 
mechanics,  manufacturers,  and  fishermen,  unarmed  and  inhabiting 
the  unfortified  towns,  villages,  or  places,  and,  in  general,  all  others 
whose  occupations  are  for  the  common  subsistence  and  benefit  of 
mankind,  shall  be  allowed  to  continue  their  respective  employments, 
and  shall  not  be  molested  in  their  persons,  nor  shall  their  houses  or 
goods  be  burnt  or  otherwise  destroyed,  nor  their  fields  wasted  by 


976 


TREATIES,  CONVENTIONS,  ETC. 


the  armed  force  of  the  belligerent  in  whose  power,  by  the  events  of 
war,  they  may  happen  to  fall ; but,  if  it  be  necessary  that  anything 
should  be  taken  from  them  for  the  use  of  such  belligerent,  the  same 
shall  be  paid  for  at  a reasonable  price. 

And  it  is  declared  that  neither  the  pretence  that  war  dissolves  trea- 
ties, nor  any  other  whatever,  shall  be  considered  as  annulling  or  sus- 
pending this  article;  but,  on  the  contrary,  that  the  state  of  war  is 
precisely  that  for  which  it  is  provided,  and  during  which  its  provi- 
sions are  to  be  sacredly  observed  as  the  most  acknowledged  obligations 
in  the  law  of  nations. 

Article  XXII. 

The  citizens  of  each  of  the  contracting  parties  shall  have  power  to 
dispose  of  their  personal  goods  within  the  jurisdiction  of  the  other, 
by  sale,  donation,  testament,  or  otherwise,  and  their  representatives, 
being  citizens  of  the  other  party,  shall  succeed  to  their  personal  goods, 
whether  by  testament  or  ab  intestato,  and  they  may  take  possession 
thereof,  either  by  themselves  or  others  acting  for  them,  and  dispose 
of  the  same  at  their  will,  paying  such  dues  only  as  the  inhabitants  of 
the  country  wherein  such  goods  are  shall  be  subject  to  pay  in  like 
cases. 

As  for  the  case  of  real  estate,  the  citizens  and  subjects  of  the  two 
contracting  parties  shall  be  treated  on  the  footing  of  the  most  favored 
nation. 

Article  XXIII. 

The  citizens  of  either  party  shall  have  free  access  to  the  courts  of 
justice,  in  order  to  maintain  and  defend  their  own  rights,  without  any 
other  conditions,  restrictions,  or  taxes  than  such  as  are  imposed  upon 
the  natives.  They  shall,  therefore,  be  free  to  employ,  in  defense  of 
their  rights,  such  advocates,  solicitors,  notaries,  agents,  and  factors 
as  they  may  judge  proper,  in  all  their  trials  at  law;  and  such  citizens 
or  agents  shall  have  free  opportunity  to  be  present  at  the  decisions 
and  sentences  of  the  tribunals  in  all  cases  which  may  concern  them, 
and  likewise  at  the  taking  of  all  examinations  and  evidences  which 
may  be  exhibited  in  the  said  ti’ials. 

Article  XXIV. 

The  United  States  of  America  and  the  Kingdom  of  Italy  mutually 
engage  not  to  gvant  any  particular  favor  to  other  nations,  in  respect 
to  commerce  and  navigation,  which  shall  not  immediately  become 
common  to  the  other  party,  who  shall  enjoy  the  same  freely  if  the 
concession  was  freely  made,  or  on  allowing  the  same  compensation  if 
the  concession  was  conditional. 

Article  XXV. 

The  present  treaty  shall  continue  in  force  for  five  (5)  years  fi’om 
the  day  of  the  exchange  of  the  ratifications;  and  if,  twelve  (12) 
months  before  the  expiration  of  that  period,  neither  of  the  high  con- 
tracting parties  shall  have  announced  to  the  other,  by  an  official  noti- 
fication. its  intention  to  terminate  the  said  treaty,  it  shall  remain 
obligatory  on  both  parties  one  (1)  year  beyond  that  time,  and  so  on 


ITALY — 1871-1878. 


977 


imtil  the  expiration  of  the  twelve  (12)  months,  which  will  follow  a 
similar  notification,  whatever  may  be  the  time  when  such  notification 
shall  be  given. 

Article  XXVI. 

The  present  treaty  shall  be  approved  and  ratified  by  His  Majesty 
the  King  of  Italy,  and  by  the  President  of  the  United  States,  by  and 
with  the  advice  and  consent  of  the  Senate  thereof,  and  the  ratifica- 
tions shall  be  exchanged  at  Washington  within  twelve  months  from 
the  date  hereof,  or  sooner  if  possible. 

In  faith  whereof  the  Plenipotentiaries  of  the  contracting  parties 
have  signed  the  present  treaty  in  duplicate,  in  the  English  and  Italian 
languages,  and  thereto  afiixed  their  respective  seals. 

Done  at  Florence  this  twenty-sixth  day  of  February,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  seventy-one. 

[seal.]  George  P.  Marsh, 

[seal.]  Visconti  Venosta. 


1878.“ 

Consular  Convention. 

Concluded  May  8,  1878;  ratif,cation  advised  hy  the  Senate  May  ^<5, 
1878;  ratified  hy  the  President  June  If.^1878 ; ratifications  exchanged 
Septemher  18, 1878;  proclaimed  September  27,  1878. 

Articles. 


I.  Consular  recognition. 

II.  Exequaturs. 

• III.  Exemptions. 

IV.  Status  in  legal  proceedings. 

V.  Arms  and  flags. 

VI.  Archives. 

VII.  Vacancies. 

VIII.  Vice-consuls  and  agents. 

IX.  Dealings  with  officials. 

X.  General  powers. 


XI.  Shipping  disputes. 

XII.  Disputes  between  passengers 
and  officers  of  vessels. 

XIII.  Deserters  from  ships. 

XIV.  Damages  at  sea. 

XV.  Shipwrecks. 

XVI.  Death  of  citizens. 

XVII.  Most  favored  nation  privileges. 
XVIII.  Duration;  ratification. 


The  President  of  the  United  States  and  His  Majesty  the  King  of 
Italy,  recognizing  the  utility  of  defining  the  rights,  privileges  and 
immunities  of  consular  officers  in  the  two  countries,  have  determined 
to  conclude  a consular  convention  for  that  purpose,  and  accordingly, 
have  named : The  President  of  the  United  States,  William  M.  Evarts, 
Secretary  of  State  of  the  United  States:  His  Majesty  the  King  of 
Italy,  Baron  Alberto  Blanc,  his  Envoy  Extraordinary  and  Minister 
Plenipotentiary  to  the  United  States. 

Who,  after  communicating  to  each  other  their  full  powers,  found 
in  good  and  due  form,  have  agreed  upon  the  following  articles : 

Article  I. 


Each  of  the  high  contracting  parties  pledges  itself  to  admit  the 
Consuls  General,  Consuls,  Vice-Consuls  and  Consular  Agents  of  the 


“Federal  case:  The  Salomoni  (29.  Fed.  Rep.,  534). 


24449— VOL  1—10 


62 


978 


TREATIES,  CONVENTIONS,  ETC. 


other  in  all  its  ports,  places  and  cities,  with  the  exception  of  those  in 
which  it  may  not  be  deemed  proper  to  recognize  such  functionaries. 

This  reservation,  however,  shall  not  be  applied  to  one  of  the  high 
contracting  parties  without  being  applied  in  like  manner  to  all  the 
other  Powers. 

Article  II. 

Consular  officers  shall  receive,  after  presenting  their  commissions, 
and  according  to  the  formalities  established  in  the  respective  coun- 
tries, the  exequatur  required  for  the  exercise  of  their  functions,  which 
shall  be  furnished  to  them  free  of  cost;  and  on  presentation  of  this 
document,  they  shall  be  admitted  by  all  the  authorities  of  their  place 
of  residence,  to  the  enjoyment  of  the  rights,  prerogatives  and  im- 
munities granted  them  by  this  convention. 

Article  III. 

Consular  offices,  citizens  of  the  state  by  which  they  were  appointed, 
shall  be  exempt  from  arrest  or  imprisonment  in  civil  cases  and  from 
preliminary  arrest  in  penal  cases,  except  in  the  case  of  offenses  which 
the  local  law  qualifies  as  crimes  and  punishes  as  such,  and  they  shall 
be  exempt  from  military  billettings  and  from  the  perfonnance  of 
service  in  the  army,  in  the  militia,  or  national  guard,  and  in  the  navy. 

The  aforesaid  consular  officers  shall  be  exempt  from  all  national, 
state  or  municipal  taxes,  imposed  upon  persons  either  in  the  nature 
of  capitation  tax  or  in  respect  to  their  property  unless  such  taxes  be- 
come due  on  account  of  the  possession  of  real  estate  or  for  interest 
on  capital  invested  in  the  state  in  which  they  reside.  If  they  are 
engaged  in  trade,  manufactures  or  commerce,  they  shall  not  enjoy 
such  exemption  but  shall  be  obliged  to  pay  the  same  taxes  as  are  paid  • 
by  other  foreigners  under  similar  circumstances. 

Article  IV. 

Consular  officers,  citizens  of  the  state  which  appointed  them,  and 
who  are  not  engaged  in  trade,  professional  business  or  any  kind  of 
manufactures,  shall  not  be  obliged  to  appear  as  witnesses  before  the 
courts  of  the  country  in  which  they  reside.  If  their  testimoni'^ 
should  be  necessary,  they  shall  be  requested  in  writing  to  appear  in 
court,  and  in  case  of  impediment  their  written  deposition  shall  be 
requested,  or  it  shall  be  received  viva  voce  at  their  residence  or  office. 

It  shall  be  the  duty  of  the  aforementioned  consular  officers  to  com- 
ply with  such  request  without  unnecessary  delay. 

In  all  the  criminal  cases  contemplated  by  the  Vlth  article  of  the 
amendments  of  the  Constitution  of  the  United  States,  by  virtue  of 
which  the  right  is  guaranteed  to  persons  charged  with  crimes,  of 
obtaining  witnesses  in  their  favor,  consular  officers  shall  be  required 
to  appear,  all  possible  regard  being  paid  to  their  dignity  and  to  the 
duties  of  their  office. 

Consuls  of  the  United  States  in  Italy  shall  receive  the  same  treat- 
ment in  similar  cases. 


ITALY — 1878. 


979 


Article  V. 

Consuls  General,  Consuls,  Vice-Consuls  and  Consular  Agents  may 
place  over  the  outer  door  of  their  office,  the  arms  of  their  nation  with 
this  inscription:  Consulate  or  Vice-Consulate  or  Consular  Agency 
of  the  TJnit^ed  States  or  of  Italy. 

They  may  also  hoist  the  flag  of  their  country,  over  the  house  in 
which  the  consular  office  is,  provded  they  do  not  reside  in  the  capital 
in  which  the  legation  of  their  country  is  established. 

Article  VI. 

The  consular  offices  shall  be  at  all  times  iiiA'iolable.  The  local  au- 
thorities shall  not  be  allowed  to  enter  them  under  any  pretext,  nor 
shall  they  in  any  case  examine  or  sequestrate  the  papers  therein  de- 
jiosited.  These  offices,  however,  shall  never  serve  as  places  of  asylum. 

When  the  consular  officer  is  engaged  in  trade,  professional  business, 
or  manufactures,  the  papers  relating  to  the  business  of  the  consulate 
must  be  kept  separate. 

Article  VII. 

In  case  of  death,  incapacity  or  absence  of  the  Consuls  General, 
Consuls,  Vice-Consuls,  and  Consular  Agents,  their  Chancellors  and 
Secretaries,  whose  official  character  shall  have  been  previously  an- 
nounced to  the  Department  of  State  at  Washington,  or  to  the  Min- 
istry of  Foreign  Affairs  in  Italy,  shall  be  permitted  to  discharge  their 
functions  ad  interim.,  and  they  shall  enjoy,  while  thus  acting,  the 
same  rights,  prerogatives  and  immunities  as  the  officers  whose  places 
they  fill,  on  the  condition  and  with  the  reserves  prescribed  for  those 
offices. 

Article  VIII. 

Vice-Consuls  or  Consular  Agents  may  be  appointed  by  the  respec- 
tive governments  or  by  the  Consuls  General  or  Consuls,  with  the  ap- 
proval of  said  governments,  in  the  cities,  ports,  and  places  of  each 
consular  district.  These  agents  may  be  selected  from  the  citizens  of 
the  United  States,  or  from  Italian  citizens  or  other  foreigners,  and 
they  shall  be  furnished  with  a commission  by  the  government  or  by 
the  Consul  appointing  them  under  whose  orders  they  are  to  discharge 
their  functions. 

They  shall  enjoy  the  privileges  provided  in  this  convention  for  con- 
sular officers,  subject  to  the  exceptions  and  reservations  provided  for 
the  same. 

Article  IX. 

Consuls  General,  Consuls,  Vice-Consuls  and  Consular  Agents  may 
have  recourse  to  the  authorities  of  the  respective  countries  within 
their  district,  whether  federal  or  local,  judicial  or  executive,  for  the 
purpose  of  complaining  of  any  infraction  of  the  treaties 'or  conven- 
tions existing  between  the  United  States  and  Italy,  as  also  in  order  to 
defend  the  rights  and  interests  of  their  countrymen.  If  the  com- 


980 


TREATIES,  CONVENTIONS,  ETC. 


plaint  should  not  be  satisfactorily  redressed,  the  consular  officers 
aforesaid,  in  the  absence  of  a diplomatic  agent  of  their  country,  may 
apply  directly  to  the  government  of  the  country  where  they  reside. 

ArticioE  X. 

Consuls  General,  Consuls,  Vice-Consuls,  and  Consular  Agents,  and 
their  Chancellors  or  Consular  Clerks  shall  have  the  right  to  take  in 
their  offices,  at  the  residence  of  the  parties,  in  their  own  dwelling  and 
even  on  board  ship,  the  depositions  of  captains  and  crews  of  the  ves- 
sels of  their  nation,  of  passengers  on  board  of  the  same,  and  of  any 
other  citizens  or  subjects  of  their  country. 

They  shall  also  have  the  right  to  i-eceive  at  their  offices,  conformably 
to  the  laws  and  regulations  of  their  country,  any  contract  between 
citizens  or  subjects  and  other  inhabitants  of  the  country  in  which  they 
reside,  and  also  any  contract  between  these  latter,  provided  it  relates 
to  real  estate  situated  in  the  territory  of  the  nation  to  which  the  con- 
sular officer  belongs,  or  to  business  which  is  to  be  transacted  in  said 
country. 

Copies  of  papers  relative  to  such  contracts  and  official  documents 
of  all  kinds,  whether  originals,  copies  or  translations,  duly  authenti- 
cated, by  the  Consuls  General,  Consuls,  Vice-Consuls  and  Consular 
Agents  and  sealed  with  the  seal  of  office  of  the  Consulate,  shall  be 
received  as  evidence  in  the  United  States  and  Italy. 

Article  XI.® 

Consuls-General,  Consuls,  Vice-Consuls,  and  Consular  Agents  shall 
have  exclusive  charge  of  the  internal  order  on  board  of  the  merchant 
vessels  of  their  nation,  and  shall  alone  take  cognizance  of  questions, 
of  whatever  kind,  that  may  arise,  both  at  sea  and  in  port,  between  the 
captain,  officers  and  seamen,  without  exception,  and  especially  of 
those  relating  to  wages  and  the  fulfilment  of  agreements  reciprocally 
made.  The  courts,  or  federal,  state  or  municiiial  authorities  in  the 
United  States,  and  the  tribunals  or  authorities  in  Italy,  shall  not 
under  any  pretext,  interfere  in  such  questions,  but  they  shall  lend 
aid  to  consular  officers  when  the  latter  shall  request  it,  in  order  to 
find  out,  arrest  and  imprison  any  person  belonging  to  the  crew,  whom 
they  may  think  proper  to  place  in  custody.  These  persons  shall  be 
arrested  at  the  sole  demand  of  the  consular  officers,  made  in  writing 
to  the  courts  or  federal,  state  or  municipal  authorities  in  the  United 
States,  or  to  the  competent  court  or  authority  in  Italy,  such  demands 
being  supported  by  an  official  extract  from  the  register  of  the  vessel 
and  from  the  crew-list  and  they  shall  be  detained  during  the  stay 
of  the  vessel  in  the  jiort,  at  the  disposal  of  the  consular  officers. 

They  shall  be  released  at  the  written  request  of  the  said  officer, 
and  the  expenses  of  the  arrest  and  detention  shall  be  paid  by  the 
consular  officer. 

Article  XII. 

According  to  the  act  of  Congress  of  March  5,  1855,  to  regulate  the 
carriage  of  passengers  in  steamships  and  other  vessels^  all  disputes 

® This  article  is  annulled  and  a new  one  substituted  by  the  convention  of 
February  24,  1881. 


ITALY — 


981 


and  questions  of  any  nature  that  may  arise  between  captains  and 
officers  on  the  one  hand,  and  passengers  on  board  of  vessels  on  the 
other,  shall  be  brought  to  and  decided  by  the  Circuit  or  District 
Courts  of  the  United  States  to  the  exclusion  of  all  other  courts  and 
authorities. 

Article  XIII. 

The  respective  Consuls  General,  Consuls,  Vice-Consuls  and  Con- 
sular Agents,  may  arrest  the  officers,  seamen  and  any  other  person 
forming  part  of  the  crew  of  the  merchant  and  war  vessels  of  their 
nation,  who  have  been  guilty  of  or  charged  with  deserting  from  said 
vessels,  in  order  to  return  them  to  their  vessels,  or  to  send  them  back 
to  their  country. 

To  this  effect  the  consular  officers  of  Italy  in  the  United  States, 
may  apply  in  writing,  to  either  the  courts  or  the  federal,  state  or 
municipal  authorities  of  the  United  States,  and  the  consular  officers 
of  the  United  States  may  apply  to  any  of  the  competent  authorities 
in  Italy,  and  make  a demand  for  the  deserters,  showing  by  exhibiting 
the  register  of  the  vessel  and  the  crew-list,  or  other  official  documents, 
that  the  persons  claimed  really  belonged  to  said  crew.  Upon  such 
request,  alone,  thus  supported,  and  without  the  exaction  of  any  oath 
from  the  consular  officers,  the  deserters,  not  being  citizens  or  sub- 
jects of  the  country  in  which  the  demand  is  made,  at  the  time  of 
their  shipment,  shall  be  given  up. 

All  assistance  and  necessary  aid  moreover,  shall  be  furnished  for 
the  search  and  arrest  of  said  deserters,  who  shall  be  placed  in  the 
prisons  of  the  country,  and  kept  there  at  the  request  and  at  the  ex- 
pense of  the  consular  officer,  until  he  finds  an  opportunity  to  send 
them  home. 

If,  however,  such  an  opportunity  shall  not  present  itself  within 
the  space  of  three  months,  counting  from  the  day  of  the  arrest,  the 
deserter  shall  be  set  at  liberty,  nor  shall  he  be  again  imprisoned  for 
the  same  cause. 

Article  XIV. 

In  the  absence  of  an  agreement  to  the  contrary,  between  the  owners, 
freighters  and  insurers,  all  damages  suffered  at  sea,  by  the  vessels 
of  the  two  countries  whether  they  enter  the  respective  ports  volun- 
tarily, or  are  forced  by  stress  of  weather  or  other  causes  over  which 
the  officers  have  no  control,  shall  be  settled  by  the  Consuls  General, 
Consuls,  Vice-Consuls  and  Consular  Agents  of  the  country  in  which 
they  respectively  reside ; in  case,  however,  any  citizen  of  the  country 
in  which  said  consular  officers  reside,  or  subjects  of  a third  power, 
should  be  interested  in  these  damages,  and  the  parties  cannot  come 
to  an  amicable  agreement,  the  competent  local  authorities  shall  decide. 

Article  XV. 

All  operations  relative  to  the  salvage  of  United  States  vessels 
wrecked  upon  the  coasts  of  Italy,  and  of  Italian  vessels  upon  the 
coasts  of  the  United  States,  shall  be  directed  by  the  respective  Con- 
suls General,  Consuls  and  Vice-Consuls  of  the  two  countries,  and 


982 


TREATIES,  CONVENTIONS,  ETC. 

until  their  arrival,  by  the  respective  consular  agents,  where  consular 
agencies  exist. 

In  places  and  ports  where  there  is  no  such  agency,  the  local  au- 
thorities shall  give  immediate  notice  of  the  shipwreck  to  the  Consul 
of  the  district  in  which  the  disaster  has  taken  place,  and  until  the 
arrival  of  the  said  Consul,  they  shall  take  all  necessary  measures 
for  the  jirotection  of  persons  and  the  preservation  of  property. 

The  local  authorities  shall  intervene  only  to  preserve  order,  and 
to  protect  the  interest  of  the  salvors,  if  they  do  not  belong  to  the  crew 
of  the  wrecked  vessel,  and  to  secure  the  execution  of  the  arrange- 
ments made  for  the  entry  and  exportation  of  the  merchandise  saved. 
It  is  understood  that  such  merchandise  is  not  to  be  subjected  to  any 
custom-house  charges,  unless  it  be  intended  for  consumption  in  the 
country  in  which  the  wreck  took  place. 

Article  XVI. 

In  case  of  the  death  of  a citizen  of  the  United  States  in  Italy, 
or  of  an  Italian  citizen  in  the  United  States,  who  has  no  known  heir, 
or  testamentary  executor  designated  by  him,  the  competent  local 
authorities  shall  give  notice  of  the  fact  to  the  Consuls  or  Consular 
Agents  of  the  nation  to  which  the  deceased  belongs,  to  the  end  that 
information  may  be  at  once  transmitted  to  the  parties  interested. 

Article  XVII. 

The  respective  Consuls  General,  Consuls,  Vice-Consuls  and  Con- 
sular Agents,  as  likewise  the  Consular  Chancellors,  Secretaries, 
Clerks  or  Attaches,  shall  enjoy  in  both  countries,  all  the  rights,  pre- 
rogatives, immunities  and  privileges  which  are  or  may  hereafter  be 
granted  to  the  officers  of  the  same  grade,  of  the  most  favoured  nation. 

Article  XVIII. 

This  Convention  shall  remain  in  force  for  the  space  of  ten  years 
from  the  date  of  the  exchange  of  the  ratifications,  which  shall  take 
place  in  conformity  with  the  respective  Constitutions  of  the  two 
countries,  at  Washington  or  at  Rome,  within  the  period  of  six  months, 
or  sooner,  if  possible. 

In  case  neither  party  gives  notice  twelve  months  previously  to  the 
expiration  of  said  period  of  ten  years,  of  its  intention  not  to  renew 
the  Convention,  this  shall  remain  in  force  until  the  expiration  of  a 
year  from  the  day  on  which  one  of  the  parties  shall  have  made  such 
announcement. 

In  faith  whereof,  the  respective  plenipotentiaries  have  signed  this 
Convention,  and  have  thereunto  affixed  their  seals. 

Done  at  Washington  the  eighth  day  of  May,  Anno  Domini,  one 
thousand  eight  hundred  and  seventy-eight. 

[seal.]  William  Maxwell  Evarts. 

[seal.]  a.  Blanc. 


ITALY 1881. 


983 


1881. 

Convention  Supplejmental  to  Consular  Convention,  1878. 

C oncluded  February  2^,  1881;  ratification  advised  by  the  Senate  May 
6,  1881 ; ratified  by  the  President  May  10,  1881;  ratifications  ex- 
changed June  18, 1881;  'proclaimed  June  29, 1881. 

Aeticles. 

I.  Shipping  disputes ; substitute  for  I II.  Ratification  and  effect. 

Article  XI.  | 

llTiereas  question  has  arisen  at  divers  times  between  the  government 
of  the  United  States  of  America  and  the  government  of  His  Majesty 
the  King  of  Italy,  touching  the  interpretation  of  the  eleventh  article 
of  the  Convention  between  the  two  countries,  concerning  the  rights, 
privileges  and  immunities  of  Consular  Officers,  signed  at  Washing- 
ton on  the  eighth  day  of  May,  one  thousand  eight  hundred  and 
seventy-eight,  and  especially  with  respect  to  so  much  of  said  article 
as  defines  and  limits  the  jurisdiction  of  the  authorities  of  the  country 
and  of  the  Consular  Officers,  with  regard  to  offenses  and  disturbances 
on  shipboard,  while  in  port;  and  whereas  the  high  contracting 
parties,  have  deemed  it  expedient  to  remove  for  the  future  all  ground 
of  question  in  the  premises,  by  substituting  a new  article  in  place  of 
the  said  eleventh  article  of  that  Convention;  the  United  States  of 
America  and  His  Majesty  the  King  of  Italy,  have  resolved  to  con- 
clude a special  supplementary  Convention  to  that  end  and  have  ap- 
pointed as  their  Plenipotentiaries : 

The  President  of  the  United  States : William  Maxwell  Evarts,  Sec- 
retary of  State  of  the  United  States,  and  His  Majesty  the  King  of 
Italy:  Paul  Beccadelli  Bologna,  Prince  of  Camporeale,  his  Charge 
d’Affaires  in  the  United  States  of  America;  who  after  communicat- 
ing to  each  other  their  full  powers,  found  in  good  and  due  form, 
have  agreed  upon  the  following  articles : 

Article  I. 

Tlie  eleventh  article  of  the  Consular  Convention  of  May  8,  1878, 
between  the  United  States  of  America  and  Italy,  is  hereby  annulled, 
and  in  its  place  the  following  article  is  substituted,  namely : 

Consuls  General,  Consuls,  Vice-Consuls  and  Consular  Agents  shall 
have  exclusive  charge  of  the  internal  order  of  the  merchant  vessels 
of  their  nation  and  shall  alone  take  cognizance  of  differences  which 
may  arise  either  at  sea  or  in  port  between  the  captains,  officers  and 
crews,  without  exception,  particularly  in  reference  to  the  adjustment 
of  wages  and  the  execution  of  contracts.  In  case  any  disorder 
should  happen  on  board  of  vessels  of  either  party,  in  the  territorial 
waters  of  the  other,  neither  the  Federal,  State  or  Municipal  Authori- 
ties or  Courts  in  the  United  States  nor  any  Court  or  Authority  in 
Italy,  shall  on  any  pretext  interfere  except  when  the  said  liisorders 
are  of  such  a nature  as  to  cause  or  be  likely  to  cause  a breach  of  the 
peace  or  serious  trouble  in  the  port  or  on  shore;  or  when,  in  such 


984 


TREATIES,  CONVENTIONS,  ETC. 


trouble  or  breach  of  the  peace,  a person  or  persons  shall  be  impli- 
cated, not  forming  a part  of  the  crew.  In  any  other  case,  said  Fed- 
eral, State  or  Municipal  Authorities  or  Courts  in  the  United  States, 
or  Courts  or  Authority  in  Italy,  shall  not  interfere  but  shall  render 
forcible  aid  to  Consular  Officers,  when  they  may  ask  it,  to  search,  ar- 
rest and  imprison  all  persons  composing  the  crew,  whom  they  may 
deem  it  necessary  to  confine.  Those  persons  shall  be  arrested  at  the 
sole  request  of  the  Consuls  addressed  in  writing  to  either  the  Fed- 
eral, State  or  Municipal  Courts  or  Authorities  in  the  United  States, 
or  to  any  Court  or  Authority  in  Italy,  and  supported  by  an  official 
extract  from  the  register  of  the  ship  or  the  list  of  the  crew,  and  the 
prisoners  shall  be  held  during  the  whole  time  of  their  stay,  in  the 
port  at  the  disposal  of  the  Consular  Officers.  Their  release  shall  be 
granted  at  the  mere  request  of  such  officers  made  in  writing.  The 
expenses  of  the  arrest  and  detention  of  those  persons,  shall  be  paid  by 
the  Consular  Officers. 

Article  II. 

This  supplementary  Convention  shall  be  ratified  in  conformity 
with  the  laws  of  the  respective  countries,  and  the  ratifications  there- 
of shall  be  exchanged  at  Washington,  as  soon  as  possible  after  the 
date  hereof,  and  immediately  upon  such  exchange,  the  foregoing 
form  of  the  said  article  XI.  shall  become  effective  and  have  the  same 
force  as  the  other  articles  of  the  Convention  of  the  eighth  day  of 
May  of  the  year  1878  and  the  same  duration. 

In  faith  whereof,  the  respective  Plenipotentiaries  have  signed  this 
Convention  and  have  thereunto  affixed  their  seals. 

Done  in  duplicate  at  Washington,  the  twenty-fourth  day  of  Feb- 
ruary, Anno  Domini,  one  thousand  eight  hundred  and  eighty-one. 
[seal.]  William  Maxwell  Evarts. 

[seal.]  Camporeale. 


1882. 

Declaration  for  the  Reciprocal  Protection  of  Marks  of  Manu- 
facture AND  Trade. 

Concluded  June  7,  1882;  rati-jication  advised  hy  the  Senate  February 
25,  188J{.;  froclaimed  March  19,  1881).. 

declaration. 

The  Government  of  the  United  States  of  America  and  the  Govern- 
ment of  His  Majesty  the  King  of  Italy,  wishing  to  provide  for  the 
reciprocal  protection  of  the  marks  of  manufacture  and  trade,  have 
agreed  as  follows : 

The  citizens  of  each  of  the  high  contracting  parties  shall  enjoy,  in 
the  dominions  and  possessions  of  the  other  the  same  rights  as  belong 
to  native  citizens,  or  as  are  now  granted  or  may  hereafter  be  granted 
to  the  subjects  or  citizens  of  the  most  favored  nation,  in  everything 
relating  to  property  in  trade-marks  and  trade-labels. 


ITALY — 1882-1884. 


985 


It  is  understood  that  any  person  who  desires  to  obtain  the  aforesaid 
protection  must  fulfil  the  formalities  required  by  the  laws  of  the 
respective  countries. 

In  witness  whereof  the  undersigned,  having  been  duly  authorized 
to  this  effect,  have  signed  the  present  declaration,  and  have  affixed 
thereto’  the  seal  of  their  arms. 

Done  in  duplicate  original  at  Washington,  this  first  day  of  June, 
one  thousand  eight  hundred  and  eighty-two. 

[seal.]  Fred’k  T.  Frelinghuysen. 

[seal.]  Fava. 

[Note.- — Inasmuch  as  the  act  of  Congress,  entitled  “An  act  relating  to  the 
registration  of  trade-marks  ”,  approved  August  5,  1882,  gives  the  right  of  trade- 
mark registry  to  subjects  of  any  foreign  country  which  by  law  admits  the  like 
right  for  citizens  of  the  United  States,  this  Declaration  is  held  to  be  an  estab- 
lishment of  the  fact  that  such  reciprocal  privilege  exists,  and  is  therefore 
effective  from  June  1,  1882,  the  date  of  its  signature.] 


1884. 

Convention  Additional  to  Extradition  Convention,  1868.® 

Concluded  June  11^  188 Jf;  ratification  advised  hy  the  Senate  July  5, 

1884;  ratified  hy  the  President  April  10,  1885;  ratifications  ex- 
changed April  24, 1885;  proclaimed  April  24-,  1885. 

Articles. 

I.  Kidnapping  added  to  extraditable  I II.  Preliminary  detention, 
crimes.  I III.  Effect;  ratification. 

The  President  of  the  United  States  of  America  and  His  Majesty 
the  King  of  Italy,  being  convinced  of  the  necessity  of  adding  some 
stipulations  to  the  extradition  convention  concluded  between  the 
United  States  and  Italy  on  the  23d  of  March,  1868,  with  a view  to 
the  better  administration  of  justice  and  the  prevention  of  crime  in 
their  respective  territories  and  jurisdictions,  have  resolved  to  con- 
clude a supplementary  convention  for  this  purpose,  and  have  ap- 
pointed as  their  Plenipotentiaries,  to-wit:  The  President  of  the 
United  States,  Frederick  T.  Frelinghuysen,  Secretary  of  State  of  the 
United  States; 

And  His  Majesty  the  King  of  Italy,  Baron  Saverio  Fava,  His 
Envoy  Extraordinary  and  Minister  Plenipotentiary  at  Washington; 

Who,  after  reciprocal  communication  of  their  full  powers,  which 
were  found  to  be  in  good  and  due  form,  have  agreed  upon  the 
following  articles: 

Article  I. 

The  following  paragraph  is  added  to  the  list  of  crimes  on  account 
of  which  extradition  may  be  granted,  as  provided  in  Article  II.  of 
the  aforesaid  convention  of  March  23,  1868 : 

9.  Kidnapping  of  minors  or  adults,  that  is  to  say,  the  detention  of 
one  or  more  persons  for  the  purpose  of  extorting  money  from  them 
or  their  families,  or  for  any  other  unlawful  purpose. 


“ See  Convention  of  1868. 


986 


TREATIES,  CONVENTIONS,  ETC. 
Article  II. 


The  following  clause  shall  be  inserted  after  Article  V.  of  the  afore- 
said Convention  of  March  23,  1868: 

Any  competent  judicial  magistrate  of  either  of  the  two  countries 
shall  be  authorized  after  the  exhibition  of  a certificate  signed  by  the 
Minister  of  Foreign  Affairs  [of  Italy]  or  the  Secretary  of  State  [of 
the  United  States]  attesting  that  a requisition  has  been  made  by  the 
Government  of  the  other  country  to  secure  the  preliminary  arrest 
of  a person  condemned  for  or  charged  with  having  therein  committed 
a crime  for  Avhich,  pursuant  to  this  Convention,  extradition  may  be 
granted,  and  on  complaint  duly  made  under  oath  by  a person  cog- 
nizant of  the  fact,  or  by  a diplomatic  or  consular  officer  of  the  de- 
manding Government,  being  duly  authorized  by  the  latter,  and  at- 
testing that  the  aforesaid  crime  was  thus  perpetrated,  to  issue  a 
warrant  for  the  arrest  of  the  person  thus  inculpated,  to  the  end  that 
he  or  she  may  be  brought  before  the  said  magistrate,  so  that  the  evi- 
dence of  his  or  her  criminality  may  be  heard  and  considered ; and  the 
person  thus  accused  and  imprisoned  shall  from  time  to  time  be  re- 
manded to  prison  until  a formal  demand  for  his  or  her  extradition 
shall  be  made  and  supported  by  evidence  as  above  provided ; if,  how- 
ever, the  requisition,  together  Avith  the  documents  aboA^e  provided 
for,  shall  not  be  made,  as  required,  by  the  diplomatic  representative 
of  the  demanding  Government,  or,  in  his  absence,  by  a consular 
officer  thereof,  within  forty  days  from  the  date  of  the  arrest  of  the 
accused,  the  prisoner  shall  be  set  at  liberty. 

Article  III. 

These  supplementary  articles  shall  be  considered  as  an  integral 
part  of  the  aforesaid  original  extradition  convention  of  March  23. 
1868,  and  together  with  the  additional  article  of  January  21,  1869, 
as  having  the  same  A^aliie  and  force  as  the  Convention  itself,  and  as 
destined  "to  continue  and  terminate  in  the  same  manner. 

The  present  Convention  shall  be  ratified,  and  the  ratifications  ex- 
changed at  Washington  as  speedily  as  possible,  and_  it  shall  take 
effect  immediately  after  the  said  exchange  of  ratifications. 

In  testimony  whereof,  the  respective  Plenipotentiaries  have  signed 
the  present  Convention  in  duplicate,  and  have  thereunto  affixed  their 
seals. 

Done  at  Washington,  this  eleventh  day  of  the  month  of  June  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  eighty-four. 

[seal.]  Fredk.  T.  Frelinghuysen. 

[seal.]  Fava. 


1892. 

Copyright  Proclamation,  October  31,  1892. 

Whereas  it  is  provided  by  section  13  of  the  act  of  congress  of 
March  3,  1891,  entitled  “ an  act  to  amend  title  sixty,  chapter  three  of 
the  revised  statutes  of  the  United  States,  relating  to  copyrights,” 
that  said  act  “ shall  only  apply  to  a citizen  or  subject  of  a foreign 
state  or  nation  when  such  foreign  state  or  nation  permits  to  citizens 


ITALY — 1892-1900. 


987 


of  the  United  States  of  America  the  benefit  of  copyright  on  snbstan- 
tiallj^  the  same  basis  as  its  own  citizens;  or  when  such  foreign  states 
or  nation,  is  a party  to  an  international  agreement  which  provides 
for  recijirocity  in  the  granting  of  copiu'ight,  by  the  terms  of  which 
agreement  the  United  States  of  America  may,  at  its  pleasure,  become 
a party  to  such  agreement 

And  whereas  it  is  also  provided  by  said  section  that  “ the  existence 
of  either  of  the  conditions  aforesaid  shall  be  determined  by  the 
President  of  the  United  States  by  proclamation  made  from  time  to 
time  as  the  purposes  of  this  act  may  require 

And  whereas  satisfactory  official  assurances  have  been  given  that 
in  Italy  the  law  permits  to  citizens  of  the  United  States  the  benefit 
of  copyright  on  substantially  the  same  basis  as  to  the  subjects  of 
Italy: 

Now,  therefore  I,  Benjamin  Harrison,  President  of  the  United 
States  of  America,  do  declare  and  proclaim  that  the  first  of  the  con- 
ditions specified  in  section  13  of  the  act  of  March  3,  1891,  now  exists 
and  is  fulfilled  in  respect  to  the  subjects  of  Italy. 

In  testimony  whereof  I have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington  this  thirty  first  day  of  October 
one  thousand  eight  hundred  and  ninety  two,  and  of  the  Independ- 
ence of  the  United  States  the  One  hundred  and  seventeenth. 

Benj.  Harkison. 

By  the  President : 

John  W.  Foster, 

Secretary  of  State. 


1900.“ 

Keciprocal  Commercial  Arrangement  with  Italy. 

Concluded  February  8, 1900/  'proclaimed  July  18^  1900. 

Articles. 

I.  Concessions  by  tbe  United  States.  | III.  Approval;  duration. 

II.  Concessions  by  Itaiy.  I 

The  President  of  the  United  States  of  America  and  His  Majesty 
the  King  of  Italy,  mutually  desirous  to  improve  the  commercial  rela- 
tions between  the  two  countries  by  a Special  Agreement  relative 
thereto,  have  apiiointed  as  their  Plenipotentiaries  for  that  purpose, 
namely : — 

The  President  of  the  United  States  of  America,  the  Honorable  J ohn 
A.  Kasson,  Special  Commissioner  Plenipotentiary,  etc.  and 

His  Majesty  the  King  of  Italy,  His  Excellency  the  Baron  S.  Fava, 
Senator  of  the  Kingdom,  his  Ambassador  at  Washington,  etc.. 

Who  being  duly  empowered  thereunto  have  agreed  upon  the  follow- 
ing Articles. 

Article  I. 

It  is  agreed  on  the  part  of  the  United  States,  pursuant  to  and  in 
accordance  with  the  provisions  of  the  third  Section  of  the  Tariff  Act 


“ This  agreement  terminates  to  take  effect  August  7,  1910,  on  notice  by 
United  States  pursuant  to  tariff  act  of  1909. 


988 


TREATIES,  CONVENTIONS,  ETC. 


of  the  United  States  approved  July  24,  1897,  and  in  consideration  of 
tlie  concessions  hereinafter  made  on  the  part  of  Italy  in  favor  of  the 
products  and  manufactures  of  the  United  States,  that  thq  existing; 
duties  imposed  upon  the  following  articles  being  the  product  of  th(> 
soil  or  industry  of  Italy  imported  into  the  United  State  shall  be  sus- 
pended during  the  continuance  in  force  of  this  Agreement,  and  in 
place  thereof  the  duties  to  be  assessed  and  collected  thereon  shall  be 
as  follows,  namely 

On  argols,  or  crude  tartar,  or  wine  lees,  crude,  five  per  centum  ad 
valorem. 

On  brandies,  or  other  spirits  manufactured  or  distilled  from  grain 
or  other  materials,  one  dollar  and  seventy-five  cents  per  proof  gallon. 

On  still  wines,  and  vermuth,  in  casks,  thirty-five  cents  per  gallon; 
in  bottles  or  jugs,  per  case  of  one  dozen  bottles  or  jugs  containing 
each  not  more  than  one  quart  and  more  than  one  pint,  or  twenty-four 
bottles  or  jugs  containing  each  not  more  than  one  pint,  one  dollar  and 
twenty-five  cents  per  case,  and  any  excess  beyond  these  quantities 
found  in  such  bottles  or  jugs  shall  be  subject  to  a duty  of  four  cents 
per  pint  or  fractional  part  thereof,  but  no  separate  or  additional  duty 
shall  be  assessed  upon  the  bottles  or  jugs. 

On  paintings  in  oil  or  water  colors,  pastels,  pen  and  ink  drawings, 
and  statuary,  fifteen  per  centum  ad  valorem. 


Article  II. 


It  is  reciprocally  agreed  on  the  part  of  Italy,  in  consideration  of  the 
provisions  of  the  foregoing  Article,  that  so  long  as  this  Convention 
shall  remain  in  force  the  duties  to  be  assessed  and  collected  on  the 
following  described  merchandise,  being  the  product  of  the  soil  or 
industry  of  the  United  States,  imported  into  Italy  shall  not  exceed  the 
rates  hereinafter  specified,  namely : — 


Upon  cotton  seed  oil 

“ flsli,  pickled  or  in  oil,  excluding  the  tunny,  pre- 
served in  boxes  or  barrels,  sardines  and  anchovies 
“ other  fish,  preserved 
“ agricultural  machinery 
“ detached  parts  of  agricultural  machinery: 

(1)  of  cast  iron 

(2)  of  other  iron  or  steel 
“ scientific  instruments : 

(a)  of  copper,  bronze,  brass  or  steel: 

(1)  with  spy-glasses  or  microscopes,  or 
graduated  scales  or  circles,  spy-glasses 
for  use  on  land,  monocles,  binocles, 
lenses,  detached  and  mounted 

(2)  not  provided  with  any  optical  in 
strument,  nor  with  graduated  scales  or 
circles 

(b)  of  all  kinds,  in  the  construction  of 
which  iron  is  evidently  predominant 

“ dynamo-electrical  machines : 

(1)  the  weight  of  which  exceeds  1000  kilo- 
grams 

(2)  weighing  1000  kilograms  or  less 

“ detached  parts  of  dynamo-electrical  machines 
“ sewing  machines : 

(1)  with  stands 

(2)  without  stands 

**  varnishes,  not  containing  spirits  nor  mineral  oils 


Lire  21.50  per  quintal, 

“ 15.00  “ 

“ 25.00  “ 

“ 9.00  “ 

“ 10.00  “ 

“ 11.00  “ 


“ 30.00  “ 

“ 30.00  “ 
“ 30.00  “ 


16.00  “ 
25.00  “ 
25.00  “ 

25.00  “ 

30.00  “ 

20.00  “ 


ITALY — 1900-1903, 


989 


The  following  articles  shall  be  admitted  free  of  duty : — • 

TurpeDtiue  oil. 

Natural  fertilizers  of  all  kinds. 

Skins,  crude,  fresh  or  dried,  not  suitable  for  fur;  and  fur  skins. 

Abticle  III. 

This  Agreement  is  subject  to  the  approval  of  the  Italian  Parliament. 
IVhen  such  approval  shall  have  been  given,  and  official  notification 
shall  have  been  * given  to  the  United  States  Government  of  His 
Majesty’s  ratification,  the  President  shall  publish  his  proclamation, 
giving  full  effect  to  the  provisions  contained  in  Article  I of  this 
Agreement.  From  and  after  the  date  of  such  proclamation  this 
Agreement  shall  be  in  full  force  and  effect,  and  shall  continue  in  force 
until  the  expiration  of  the  year  1903,  and  if  not  denounced  by  either 
Party  one  year  in  advance  of  the  expiration  of  said  term  shall  con- 
tinue in  force  until  one  year  from  the  time  when  one  of  the  High  Con- 
tracting Parties  shall  have  given  notice  to  the  other  of  its  intention 
to  arrest  the  operation  thereof. 

In  witness  whereof  we  the  respective  Plenipotentiaries  have  signed 
this  Agreement,  in  duplicate,  in  the  English  and  Italian  texts,  and 
have  affixed  thereunto  our  respective  seals. 

Done  at  Washington  this  eighth  day  of  February,  A.  D.  one 
thousand  and  nine  hundred. 

John  A.  Kasson  [seal] 
Fava  [seal] 


1903. 

Protection  of  Trade-Marks  in  Morocco. 

Agreement  effeeted  hy  exchange  of  notes  June  13,  1903-March 

m,  1901^. 

[Translation.] 

Tangier,  June  13th  1903. 

Dear  Colleague:  I have  the  honor  to  inform  you  that  the  Gov- 
ernment of  my  Sovereign  gives  its  adherence  to  the  agreements  con- 
cluded and  resulting  from  the  declarations  exchanged  in  1892,  1894, 
1895,  1896;  1899  and  1900  between  the  Consulate-General  of  the 
United  States  and  the  Legations  of  France,  Portugal,  Belgium.  Ger- 
many, Spain,  Austria-Hungary,  the  Consulate-General  of  Holland 
and  the  Legation  of  His  Britannic  Majesty,  with  regard  to  the  mu- 
tual protection  of  property  in  Trade-Marks  in  Morocco. 

I.  By  virtue  of  the  civil  and  criminal  jurisdiction  which  they  have 
acquired  and  exercise,  in  that  country,  the  Consuls  and  Consular 
Courts  of  His  Majesty  have  jurisdiction  over  all  claims  regarding 
the  infringement  of  Trade-Marks  by  Italian  subjects. 

II.  Consequently,  all  complaints  addressed  to  them  by  American 
manufacturers  to  obtain  protection  for  Trade-Marks  duly  registered 
in  the  Kingdom,  against  infringement  by  Italian  subjects  should  in 
future  be  prosecuted,  in  the  first  place  before  the  Consular  Court  and 
finally  before  the  Royal  Court  of  Appeals  in  Genoa. 

III.  The  right  of  proprietorship  in  Trade-Marks  is  regulated  in 
Italy  by  the  law  of  August  30th  1868. 


990 


TREATIES,  CONVENTIONS,  ETC. 


I beg  you,  dear  Colleague,  to  take  note  of  the  present  declaration 
and  let  me  know  whether  Italian  subjects  will  have  the  same  legal 
protection  before  the  Consular  authorities  of  the  United  States  in 
all  that  concerns  the  proprietorship  of  their  Trade-Marks  duly  reg- 
istered in  the  United  States. 

Accept,  dear  Colleague,  the  assurances  of  my  high  consideration. 

Malmusi. 

Mr.  Gtjmmere, 

C onsul-General  of  the  United  States  of  America. 


Tangier,  July  29th  1903. 

Your  Excellency:  In  pursuance  of  your  letter  to  the  Consul- 
General  of  June  13th  last,  I have  the  honor  to  inform  you  that  I 
am  in  receipts  of  Instructions  from  my  Government,  authorizing  me 
to  enter  into  a reciprocal  agreement  with  the  Government  of  the 
Kingdom  of  Italy  and  the  United  States.  The  agreement  to  be  for 
the  mutual  protection  of  Trade-Marks  registered  in  Italy  and  the 
United  States  against  infringement  in  Morocco  by  subjects  of  the 
respective  nations,  on  the  lines  of  that  now  existing  between  the 
United  States  and  Great  Britain. 

Accept,  Mr.  Minister,  the  assurance  of  my  high  consideration. 

Hoffman  Philip, 

Acting  Consul-General. 

Mr.  Malmusi, 

Minister  of  Italy. 


Tangier,  March  12th  WOlf. 

Sir:  Beferring  to  the  letter  of  the  13th  of  June  1903,  received 
from  His  Excellency  the  Italian  Minister,  and  to  our  interview  of 
the  10th  instant,  I beg  to  assure  you  that  I am  authorized  by  m3' 
Government  to  declare  that  the  same  protection  ivill  be  accorded  by 
the  Consular  Authorities  of  the  United  States  in  Morocco,  to  Italian 
Trade-Marks  duly  registered  in  the  United  States  in  conformity 
with  the  laws,  as  that  accorded  to  American  Trade-Marks  under  the 
same  circumstances,  by  Italian  tribunals  in  Morocco. 

Accept,  Sir,  the  assurance  of  my  distinguished  consideration. 

S.  R.  Gummere. 

Mr.  Gianatelli  Gentile, 

Charge  d"' Affaires  of  Italy. 


[Translation.] 

Royal  Embassy  of  Italy, 
'Washington.,  D.  C.,  December  19.,  1903. 
Mr.  Secretary  of  State  : As  Your  Excellenc3'  is  aware,  an  agree- 
ment was  reached  by  an  exchange  of  notes  dated  August  13“  and  4 


“Evidently  a clerical  error.  For  dates  of  notes  see  nnic.  TTie  note  of  .Inly 
2!)  is  a duplicate  of  the  note  of  August  4.  There  is  no  note  of  August  13  in 
(he  correspondence,  but  one  of  June  13,  1903. 


ITALY — 1903-1905. 


991 


last  between  the  Minister  of  Italy  at  Tangiers  and  the  representative, 
there,  of  the  United  States  of  America,  respectively  to  defer  to  the 
Italian  and  American  Consular  courts  in  Morocco  disputes  arising 
from  the  counterfeiting  of  trade  marks  committed  by  the  citizens  of 
either  country  to  the  prejudice  of  those  of  the  other. 

The  Government  of  the  King  has  issued  to  the  Koyal  Legation  at 
Tangiers  appropriate  instructions  for  the  execution  of  this  agree- 
ment in  accordance  with  articles  65,  67  and  111  of  the  existing  Con- 
sular laws  of  Italy.  I am  directed  by  my  Government  and  have,  in 
consequence,  the  honor  to  transmit  herewith  to  your  Excellency  the 
text  of  those  instruction  together  with  its  two  accompaniments,  for 
the  due  information  of  the  Government  of  the  United  States  and 
in  completion  of  the  agreement  made  at  Tangiers  by  the  representa- 
tives of  the  two  States. 

I embrace  the  opportunity,  &c., 

V.  Macchi  di  Cellere. 


1905. 

Protection  of  Trade-Marks  in  China. 

Agreement  effected  hy  exchange  of  notes  December  18, 1905. 

December  18,  1905. 

Mr.  Minister  and  dear  Colleague:  The  Government  of  the 
United  States  being  desirous  of  reaching  an  understanding  with  the 
Government  of  Italy  for  the  reciprocal  protection  against  infringe- 
ment in  China  by  citizens  and  subjects  of  our  respective  nations  of 
trade  marks  duly  registered  in  the  United  States  and  Italy,  I am 
authorized  by  the  Secretary  of  State  of  the  United  States  to  inform 
you  that  effectual  provision  exists  in  American  Consular  Courts  in 
China  for  the  trial  and  punishment  of  all  persons  subject  to  the 
jurisdiction  of  the  United  States  who  may  be  charged  with  and 
found  guilty  of  infringing  in  any  way  trade  marks  of  persons  sub- 
ject to  the  jurisdiction  of  Italy  which  have  been  duly  registered  in 
the  United  States. 

I beg  that  you  will  kindly  inform  me  whether  American  citizens 
are  entitled  to  the  same  legal  refnedies  in  the  Consular  Courts  of 
Italy  in  China  as  regards  the  protection  from  infringement  of  their 
trade  marks  duly  registered  in  Italy. 

I have  the  honor  to  be,  Mr.  Minister  and  dear  Colleague,  Your 
obedient  servant, 

W.  W.  Eockhill. 

His  Excellency,  Monsieur  Carlo  Baroli, 

etc.,  etc.,  etc. 


[Translation.] 

Peking,  December  18,  1905. 

Mr.  Minister:  I have  the  honor  to  acknowledge  the  receipt  of 
your  note  of  to-day’s  date  by  which  you  inform  me  that  you  have 
been  authorized  by  your  Government  to  conclude  an  arrangement 
with  the  Italian  Legation  by  means  of  an  exchange  of  notes,  for  the 


992 


TREATIES,  CONVENTIONS,  ETC. 


reciprocal  protection  in  China  of  American  and  Italian  trade  marks, 
and  that  hereafter  infringements  of  trade  marks  the  property  of 
Italian  subjects  and  duly  registered  in  the  United  States  by  persons 
subject  to  the  jurisdiction  of  American  Consular  Courts  In  China 
will  be  tried  by  the  latter  according  to  law. 

Having  been  duly  authorized  thereto  by  the  Royal  Government, 
I am  pleased  to  inform  you  that  hereafter  infringements  of  trade 
marks  of  American  citizens,  duly  registered  in  Italy,  by  persons 
subject  to  the  jurisdiction  of  the  Italian  Consular  Courts  in  China 
will  in  first  instance  be  tried  according  to  the  law  by  said  Courts 
and  on  appeal  by  the  Royal  Court  of  Appeals  of  Ancona. 

Please  accept,  etc.,  etc. 

C.  Baroli. 


Peking,  January  22^  1906. 

Mr.  Minister  and  dear  Colleague:  In  connection  with  the  notes 
which  I had  the  honor  to  exchange  with  Your  Excellency  on  Decem- 
ber 18,  1905,  looking  to  the  reciprocal  protection  from  infringement 
by  our  respective  nationals  in  China  of  trade  marks  belonging  to 
them  I duly  transmitted  copies  of  the  same  to  my  Government. 

In  reply  the  Secretary  of  State  has  called  to  my  attention,  as 
possibly  misleading,  the  use  made  in  my  note  to  you  of  the  word 
“ punishment  ” by  our  Consular  Courts  in  China  of  American  citi- 
zens who  may  have  infringed  in  China  trade  marks  the  property  of 
persons  under  the  jurisdiction  of  Italy. 

In  view  of  the  fact  that  there  is  no  statute  in  the  United  States 
making  the  infringement,  counterfeiting,  etc.  of  a trade  mark  a 
criminal  offense,  and  that  effectual  provision  exists  by  a civil  action 
for  damages  by  the  owner  of  a trade  mark,  my  Government  is  of  the 
opinion  that  the  word  “ punishment  ” should  be  understood  to  refer 
to  a civil  action  only,  and  not  to  a criminal  procedure,  as  might  be 
inferred  from  the  use  of  the  word  in  question  without  the  present 
explanation  added  thereto. 

I beg  leave  to  call  Your  Excellency’s  attention  to  the  above  pro- 
vision of  our  law,  so  that  nothing  in  my  note  of  December  18,  last, 
may  be  construed  as  conflicting  therewith. 

I avail  myself  of  this  opportunity  to  renew  to  Your  Excellency 
the  assurances  of  my  highest  consideration. 

W.  W.  Rockhill. 

To  His  Excellency  Carlo  Baroli, 

etc..,  etc..,  etc. 

1908. 

Arbitration  Convention. 

Signed  at  W ashington,  March  28,  1908;  ratification  advised  by  the 

Senate,  April  2, 1908;  rati  fed  by  the  President,  June  19, 1908;  rati- 

f cations  exchanged  at  W ashinqton,  Januai^y  22, 1909;  proclaimed, 

January  25,  1909. 

Articles. 

I.  Differences  to  be  submitted.  I III.  Duration. 

II.  Special  agreement.  | IV.  Ratification. 

The  Government  of  the  United  States  of  America  and  the  Govern- 
ment of  His  Majesty  the  King  of  Italy,  signatories  of  the  Conven- 


ITALY — 1908. 


993 


tion  for  the  pacific  settlement  of  international  disputes,  concluded  at 
The  Hague  on  the  29th  July,  1899; 

Taking  into  consideration  tliat  by  Article  XIX  of  that  Convention 
the  High  Contracting  Parties  have  reserved  to  themselves  the  right 
of  concluding  agreements,  with  a view  to  referring  to  arbitration  all 
questions  which  they  shall  consider  possible  to  submit  to  such  treat- 
ment. 

Have  authorized  the  Undersigned  to  conclude  the  following  Con- 
vention : 

Article  I. 

Differences  which  may  arise  of  a legal  nature,  or  relating  to  the 
interpretation  of  treaties  existing  between  the  two  Contracting  Par- 
ties, and  which  it  may  not  have  been  possible  to  settle  by  diplo- 
macy, shall  be  referred  to  the  Permanent  Court  of  Arbitration 
established  at  The  Hague  by  the  Convention  of  the  29th  July,  1899, 
provided,  nevertheless,  that  they  do  not  affect  the  vital  interests,  the 
independence,  or  the  honor  of  either  of  the  two  Contracting  States, 
and  do  not  concern  the  interests  of  third  Parties. 

Article  II. 

In  each  individual  case  the  High  Contracting  Parties  before  ap- 
pealing to  the  Permanent  Court  of  Arbitration,  shall  conclude  a spe- 
cial Agreement  defining  clearly  the  matter  in  dispute,  the  scope  of 
the  powers  of  the  Arbitrators  and  the  periods  to  be  fixed  for  the  for- 
mation of  the  Arbitral  Tribunal  and  the  several  stages  of  the  pro- 
cedure. It  is  understood  that  on  the  part  of  the  United  States  such 
special  agreements  will  be  made  by  the  President  of  the  United 
States,  by  and  with  the  advice  and  consent  of  the  Senate  thereof. 

Article  III. 

The  present  Convention  is  concluded  for  a period  of  five  years, 
dating  from  the  day  of  the  exchange  of  its  ratifications. 

Article  IV. 

The  present  Convention  shall  be  ratified  by  the  President  of  the 
United  States  of  America,  by  and  with  the  advice  and  consent  of  the 
Senate  thereof;  and  by  the  Government  of  His  Majesty  the  King 
of  Italy  in  accordance  with  its  constitution  and  laws.  The  ratifi- 
cations shall  be  exchanged  at  Washington  as  soon  as  possible,  and 
the  Convention  shall  take  effect  on  the  date  of  the  exchange  of  its 
ratifications. 

Done  in  duplicate  at  the  City  of  Washington  in  the  English  and 
Italian  languages,  this  twenty-eighth  day  of  March,  in  the  year  1908. 

Elihu  Root  [seal] 
Mayor  [seal] 

24449— VOL  1—10 63 


994 


TKEATIES,  CONVENTIONS,  ETC. 


1909.“ 

Supplementary  Commercial  Agreement 
Signed  March  1909;  'proclaimed  April  1909. 

Articles. 

The  President  of  the  United  States  of  America  and  His  Majesty 
the  King  of  Italy,  considering  it  appropriate  to  supplement  by  an 
Additional  Agreement  the  Commercial  Agreement  signed  between 
the  two  Governments  at  Washington,  on  February  8,  1900,  have 
appointed  as  their  plenipotentiaries,  to  wit: 

The  President  of  the  United  States  of  America,  the  Honorable 
Robert  Bacon,  Secretary  of  State  of  the  United  States;  and 

His  Majesty  the  King  of  Italy,  His  Excellency  the  Baron  Mayor 
des  Planches,  His  Ambassador  Extraordinary  and  Plenipotentiary 
at  Washington, 

MTio,  after  an  exchange  of  their  respective  full  powers,  found  to 
be  in  due  and  proper  form,  have  agreed  upon  the  following  Articles : 

j Article  I. 

It  is  agreed  on  the  part  of  the  United  States,  in  accordance  with 
the  provisions  of  section  3 of  the  Tariff  Act  of  the  United  States 
approved  July  24,  1897,  that  the  rates  of  duty  heretofore  imposed 
and  collected,  under  the  said  Act,  on  Italian  sparkling  wines  upon 
entering  the  United  States,  including  the  island  of  Porto  Rico, 
shall  be  suspended  during  the  continuance  in  force  of  this  agreement, 
and,  instead,  the  following  duties  shall  be  imposed  and  collected, 
to  wit: 

On  all  sparkling  wines,  in  bottles  containing  not  more  than  one 
quart  and  more  than  one  pint,  six  dollars  per  dozen ; containing  not 
more  than  one  pint  each  and  more  than  one-half  pint,  three  dollars 
per  dozen ; containing  one-half  pint  each  or  less,  one  dollar  and  fifty 
cents  per  dozen ; in  bottles  or  other  vessels  containing  more  than  one 
quart  each,  in  addition  to  six  dollars  per  dozen  bottles  on  the  quan- 
tities in  excess  of  one  quart,  at  the  rate  of  one  dollar  and  ninety 
cents  per  gallon. 

Article  II. 

It  is  reciprocally  agreed  on  the  part  of  Italy,  in  consideration  of 
the  provisions  of  the  foregoing  Article,  that  during  the  term  of  this 
Additional  Agreement  the  duty  to  be  assessed  and  collected  on 
mowers  and  tedders,  included  in  item  No.  240,  paragraph  “ f,”  of 
the  Customs  Tariff  of  Italy,  products  of  the  industry  of  the  United 
States,  imported  into  Italy,  shall  not  exceed  the  rate  of  four  lire 
per  one  hundred  kilograms. 


Will  terminate  August  7,  1910,  on  notice  by  United  States. 


ITALY — 1909. 


995 


Article  III. 

When  official  notification  of  His  Majesty’s  ratification  shall  have 
been  given  to  the  Government  of  the  United  States,  the  President 
of  the  United  States  shall  publish  his  proclamation,  giving  full 
effect  to  the  provisions  contained  in  Article  I of  this  Agreement. 
From  and  after  the  date  of  such  proclamation  this  Agreement  shall 
be  in  full  force  and  effect,  and  shall  continue  in  force  until  the 
expiration  of  one  year  from  the  time  when  either  of  the  High  Con- 
tracting Parties  shall  have  given  notice  to  the  other  of  its  intention  to 
terminate  the  same. 

In  witness  whereof  we,  the  respective  Plenipotentiaries,  have 
signed  this  Agreement,  in  duplicate,  in  the  English  and  Italian  texts, 
and  have  affixed  hereunto  our  respective  seals. 

Done  at  Washigton,  this  second  day  of  March,  A.  D.  one  thousand 
nine  hundred  and  nine. 

Egbert  Bacon  [seal] 

E.  Mayor  des  Planches,  [seal] 


JAPAN 

1854.“ 


Treaty  of  Peace,  Amity,  and  Commerce. 

Concluded  March  31,  ISSlf.;  rati-fication  advised  hy  the  Senate  July  15, 
185 1^;  rati-fied  hy  the  President  August  7,  185k;  ratifications  ex- 
changed February  21, 1855;  'proclaimed  June  22,  1855. 

Articles. 


I.  Peace  and  amity. 

II.  Opening  of  Simoda  and  Hako- 
dade. 

III.  Shipwrecks. 

IV.  Treatment  of  shipwrecked  persons. 

V.  Shipwrecked  persons  at  Simoda 

and  Hakodade. 


VI.  Business. 

VII.  Trade. 

VIII.  Supplies  to  vessels. 

IX.  Most  favored  nation  privileges. 

X.  Open  ports. 

XI.  Consuls. 

XII.  Ratification. 


The  United  States  of  America  and  the  Empire  of  Japan,  desiring 
to  establish  firm,  lasting,  and  sincere  friendship  between  the  two 
nations,  have  resolved  to  fix,  in  a maimer  clear  and  positive,  by  means 
of  a treaty  or  general  convention  of  peace  and  amity,  the  rules  which 
shall  in  future  be  mutually  observed  in  the  intercourse  of  their  re- 
spective countries;  for  which  most  desirable  object  the  President  of 
the  United  States  has  conferred  full  powers  on  his  Commissioner, 
Matthew  Calbraith  Perry,  Special  Ambassador  of  the  United  States 
to  Japan,  and  the  August  Sovereign  of  Japan  has  given  similar  full 
powers  to  his  Commissioners,  Hayashi,  Daigaku-no-kami ; Ido,  Prince 
of  Tsus-Sima;  Izawa,  Prince  of  Mima-saki;  and  Udono,  Member  of 
the  Board  of  Revenue.  And  the  said  Commissioners,  after  having 
exchanged  their  said  full  powers,  and  duly  considered  the  premises, 
have  agreed  to  the  following  articles : 


Article  I. 


Thbre  shall  be  a perfect,  permanent,  and  universal  peace,  and  a 
sincere  and  cordial  amity  between  the  United  States  of  America  on 
the  one  part,  and  the  Empire  of  Japan  on  the  other  part,  and  be- 
tween their  people  respectively,  without  exception  of  persons  or 
places. 

Article  II. 

The  port  of  Simoda,  in  the  principality  of  Idzu,  and  the  port  of 
Hakodade,  in  the  principality  of  Matsmai,  are  granted  by  the 
Japanese  as  ports  for  the  reception  of  American  ships,  where  they 


® This  treaty  was  superseded  on  July  17,  1899,  by  the  treaty  of  November  22, 
1894,  Article  XVIII. 

996 


JAPAN — 1854. 


997 


can  be  supplied  with  wood,  water,  provisions,  and  coal,  and  other 
articles  their  necessities  may  require,  as  far  as  the  Japanese  have 
them.  The  time  for  opening  the  first-named  port  is  immediately  on 
signing  this  treaty;  the  last-named  port  is  to  be  opened  immediately 
after  the  same  day  in  the  ensuing  Japanese  year. 

Note. — A tariff  of  prices  shall  be  given  by  the  Japanese  officers  of 
the  things  which  they  can  furnish,  payment  for  which  shall  be  made 
in  gold  and  silver  coin. 

Article  III. 

Whenever  ships  of  the  United  States  are  thrown  or  wrecked  on  the 
coast  of  Japan,  the  Japanese  vessels  will  assist  them,  and  carry  their 
crews  to  Simoda,  or  Hakodade,  and  hand  them  over  to  their  country- 
men, appointed  to  receive  them;  whatever  articles  the  shipwrecked 
men  may  have  preserved  shall  likewise  be  restored,  and  the  expenses 
incurred  in  the  rescue  and  support  of  Americans  and  Japanese  who 
may  thus  be  thrown  upon  the  shores  of  either  nation  are  not  to  be 
refunded. 

Article  IV. 

Those  shipwrecked  persons  and  other  citizens  of  the  United  States 
shall  be  free  as  in  other  countries,  and  not  subjected  to  confinement, 
but  shall  be  amenable  to  just  laws. 

Article  V. 

Shipwrecked  men  and  other  citizens  of  the  United  States,  tempora- 
rily living  at  Simoda  and  Hakodade,  shall  not  be  subject  to  such  re- 
strictions and  confinement  as  the  Dutch  and  Chinese  are  at  Naga- 
saki, but  shall  be  free  at  Simoda  to  go  where  they  please  within  the 
limits  of  seven  Japanese  miles  (or  ri)  from  a ^mall  island  in  the  har- 
bor of  Simoda  marked  on  the  accompanying  chart  hereto  appended ; 
and  in  shall  like  manner  be  free  to  go  where  they  please  at  Hakodade, 
within  limits  to  be  defined  after  the  visit  of  the  United  States 
squadron  to  that  place. 

Article  VI. 

If  there  be  any  other  sort  of  goods  wanted,  or  any  business  which 
shall  require  to  be  arranged,  there  shall  be  careful  deliberation  be- 
tween the  parties  in  order  to  settle  such  matters. 

Article  VII. 

It  is  agreed  that  ships  of  the  United  States  resorting  to  the  ports 
open  to  them  shall  be  permitted  to  exchange  gold  and  silver  coin  and 
articles  of  goods  for  other  articles  of  goods,  under  such  regulations 
as  shall  be  temporarily  established  by  the  Japanese  Government  for 
that  purpose.  It  is  stipulated,  however,  that  the  ships  of  the  United 
States  shall  be  permitted  to  carry  away  whatever  articles  they  are 
unwilling  to  exchange. 

Article  VIII. 

Wood,  water,  provisions,  coal,  and  goods  required,  shall  only  be 
procured  through  the  agency  of  Japanese  officers  appointed  for  that 
purpose,  and  in  no  other  manner. 


998 


TREATIES,  CONVENTIONS,  ETC. 
Article  IX. 


It  is  agreed  that  if  at  any  future  day  the  Government  of  Japan 
shall  grant  to  any  other  nation  or  nations  privileges  and  advantages 
which  are  not  herein  granted  to  the  United  States  and  the  citizens 
thereof,  that  these  same  privileges  and  advantages  shall  be  granted 
likewise  to  the  United  States  and  to  the  citizens  thereof,  without  any 
consultation  or  delay. 


Article  X. 

Ships  of  the  United  States  shall  be  permitted  to  resort  to  no  other 
ports  in  Japan  but  Simoda  and  Hakodade,  unless  in  distress  or 
forced  by  stress  of  weather. 


Article  XI. 

There  shall  be  appointed,  by  the  Government  of  the  United  States. 
Consuls  or  Agents  to  reside  in  Simoda,  at  any  time  after  the  expira- 
tion of  eighteen  months  from  the  date  of  the  signing  of  this  treat}’; 
provided  that  either  of  the  two  Governments  deem  such  arrangement 
necessary. 

Article  XII. 

The  present  convention  having  been  concluded  and  duly  signed, 
shall  be  obligatory  and  faithfully  observed  by  the  United  States  of 
America  and  Japan,  and  by  the  citizens  and  subjects  of  each  respec- 
tive Power ; and  it  is  to  be  ratified  and  approved  by  the  President  of 
the  United  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof,  and  by  the  August  Sovereign  of  Japan,  and  the  ratification 
shall  be  exchanged  within  eighteen  months  from  the  date  of  the  signa- 
ture thereof,  or  sooner  if  practicable. 

In  faith  whereof  we,  the  respective  Plenipotentiaries  of  the  United 
States  of  America  and  the  Empire  of  Japan  aforesaid,  have  signed 
and  sealed  these  presents. 

Done  at  Kanagawa,  this  thirty-first  day  of  March,  in  the  year  of 
our  Lord  Jesus  Christ  one  thousand  eight  hundred  and  fifty-four,  and 
of  Kayei  the  seventh  year,  third  month,  and  third  day. 

M.  C.  Perry. 


1857. 


Commercial  and  CoNsn.AR  Treaty.® 


Concluded  June  17, 1857;  ratification  advised  hij  the  Se?iate  June  15, 
1858;  ratified  hy  the  President  June  30,  1858;  'proclaimed  June  30, 
1858. 

Articles. 


I.  Port  of  Nangasld, 

II.  Simoli,  Hakodade. 

III.  Coin. 

IV.  Offences. 

V.  Medium  of  exchange. 


VI.  Consul-general. 

VII.  Purchases  for  the  consul-general. 

VIII.  Language. 

IX.  Ratification. 


“This  treaty  was  superseded  by  the  treaty  of  1858.  Ross  v.  McIntyre  (140 
U.  S.,  453). 


JAPAN — 1857. 


999 


For  the  purpose  of  further  regulating  the  intercourse  of  American 
citizens  within  the  Empire  of  Japan,  and  after  due  deliberation,  His 
Excellency  Townsend  Harris,  Consul  General  of  the  United  States 
of  America  for  the  Empire  of  Japan,  and  their  Excellencies  In- 
owouye.  Prince  of  Sinano,  and  Nakamoera,  Prince  of  Dewa,  Gov- 
ernors of  Simoda,  all  having  full  powers  from  their  respective 
Governments,  have  agreed  on  the  following  articles,  to  wit: 

Article  I. 

The  port  of  Nangasaki,  in  the  principality  of  Hizen,  shall  be  open 
to  American  vessels,  where  they  may  repair  damages,  procure  water, 
fuel,  provisions,  and  other  necessary  articles,  even  coals,  where  they 
are  obtainable. 

Article  II. 

It  being  known  that  American  ships  coming  to  the  ports  of  Simoda 
and  Hakodade  cannot  have  their  wants  supplied  by  the  Japanese, 
it  is  agreed  that  American  citizens  may  permanently  reside  at  Simoda 
and  Hakodade,  and  the  Government  of  the  United  States  may  ap- 
point a Vice-Consul  to  reside  at  Hakodade. 

This  article  to  go  into  effect  on  the  fourth  day  of  July,  eighteen 
hundred  fifty-eight. 

Article  III. 

In  settlement  of  accounts  the  value  of  the  money  brought  by  the 
Americans  shall  be  ascertained  by  weighing  it  with  Japanese  coin 
(gold  and  silver  itsebues,)  that  is,  gold  with  gold,  and  silver  with 
silver,  or  weights  representing  Japanese  coin  may  be  used,  after  such 
weights  have  been  carefully  examined  and  found  to  be  correct. 

The  value  of  the  money  of  the  Americans  having  been  thus  Ascer- 
tained, the  sum  of  six  per  cent,  shall  be'  allowed  to  the  Japanese  for 
the  expense  of  recoinage. 

Article  IV. 

Americans  committing  offences  in  Japan  shall  be  tried  by  the 
American  Consul  General  or  Consul,  and  shall  be  punished  accord- 
ing to  American  laws. 

Japanese  committing  offences  against  Americans  shall  be  tried  by 
the  Japanese  authorities,  and  punished  according  to  Japanese  laws. 

Article  V. 

American  ships  which  may  resort  to  the  ports  of  Simoda,  Hako- 
dade, or  Nangasaki,  for  the  purpose  of  obtaining  necessary  supplies, 
or  to  repair  damages,  shall  pay  for  them  in  gold  or  silver  coin ; and 
if  they  have  no  money,  goods  shall  be  taken  in  exchange. 

Article  VI. 

The  Government  of  Japan  admits  the  right  of  His  Excellency  the 
Consul  General  of  the  United  States  to  go  beyond  the  limits  of 
Seven  Ri,  but  has  asked  him  to  delay  the  use  of  that  right,  except  in 
cases  of  emergency,  shipwreck,  &c.,  to  which  he  has  assented. 


1000 


TREATIES,  CONVENTIONS,  ETC. 

Article  VII. 


Purchases  for  His  Excellency  the  Consul  General,  or  his  family, 
may  be  made  by  him  only,  or  by  some  member  of  his  family,  and 
payment  made  to  the  seller  for  the  same,  without  the  intervention  of 
any  Japanese  olRcial;  and  for  this  purpose  Japanese  silver  and  copper 
coin  shall  be  supplied  to  His  Excellency  the  Consul  General. 

Aetice  VIII. 

As  His  Excellency  the  Consul  General  of  the  United  States  of 
America  has  no  knowledge  of  the  Japanese  language,  nor  their  Ex- 
cellencies the  Governors  of  Simoda  a knowledge  of  the  English  lan- 
guage, it  is  agreed  that  the  true  meaning  shall  be  found  in  the  Dutch 
version  of  the  articles. 


Artice  IX. 

All  the  foregoing  articles  shall  go  into  effect  from  the  date  hereof, 
except  article  two,  which  shall  go  into  effect  on  the  date  indicated 
in  it. 

Done  in  quintuplicate,  (each  copy  being  in  English,  Japanese,  and 
Dutch,)  at  the  Goyosso  of  Simoda,  on  the  seventeenth  day  of  June, 
in  the  year  of  the  Christian  era  eighteen  hundred  fifty-seven,  and 
of  the  Independence  of  the  United  States  of  America  the  eighty-first, 
corresponding  to  the  fourth  Japanese  year  of  Ansei,  Mi,  the  fifth 
month,  the  twenty-sixth  day,  the  English  version  being  signed  by 
His  Excellency  the  Consul  General  of  the  United  States  of  America, 
and  the  Japanese  version  by  their  Excellencies  the  Governors  of 
Simoda. 

[seal.]  Townsend  Harris. 


1858.“ 

Treaty  of  Commerce  and  Navigation. 

Concluded  July  29,  1858;  ratvfication  advised  hy  the  Senate  Deeem- 
her  15,  1858;  ratified  hy  the  President  April  12, 1860;  ratifications 
exchanged  May  22, 1860;  proclaimed  May  23, 1860. 


Abticles. 


I.  Amity;  diplomatic  and  consular 
officers. 

II.  Mediation  and  assistance  by  the 
United  States. 

III.  Ports  opened ; trade  regulations. 

IV.  Duties ; naval  supplies ; opium. 

V.  Coins  authorized. 

VI.  Consular  courts,  etc. 

VII.  Limits  of  open  ports. 


VIII.  Religious  freedom. 

IX.  Deserters  and  fugitives  from  Jus- 
tice. 

X.  Purchases  of  ships,  etc.,  by  Ja- 
pan. 

XI.  Trade  regulations. 

XII.  Revocation  of  former  treaties. 

XIII.  Duration. 

XIV.  Effect;  ratification. 


The  President  of  the  United  States  of  America  and  His  Majesty 
the  Ty-coon  of  Japan,  desiring  to  establish  on  firm  and  lasting  foun- 


® This  treaty  was  susperseded  on  July  17,  1899,  by  the  treaty  of  November 
22,  1894. 


JAPAN — 1858. 


1001 


dations  the  relations  of  peace  and  friendship  now  happily  existing 
between  the  two  countries,  and  to  secure  the  best  interest  of  their 
respective  citizens  and  subjects  by  encouraging,  facilitating,  and  regu- 
lating their  industry  and  trade,  have  resolved  to  conclude  a treaty 
of  amity  and  commerce  for  this  purpose,  and  have  therefore  named 
as  their  plenipotentiaries,  that  is  to  say : 

The  President  of  the  United  States,  His  Excellency  Townsend 
Harris,  Consul  General  of  the  United  States  of  America  for  the 
Empire  of  Japan,  and  His  Majesty  the  Ty-coon  of  Japan,  their  Ex- 
cellencies Inoooye,  Prince  of  Sinano,  the  Iwasay,  Prince  of  Hego : 

IMio,  after  having  communicated  to  each  other  their  respective  full 
powers,  and  found  them  to  be  in  good  and  due  form,  have  agreed 
upon  and  concluded  the  following  articles: 

Article  I. 

There  shall  henceforward  be  perpetual  peace  and  friendship  be- 
tween the  United  States  of  America  and  His  Majesty  the  Ty-coon 
of  Japan  and  his  successors. 

The  President  of  the  United  States  may  appoint  a Diplomatic 
Agent  to  reside  at  the  city  of  Yedo,  and  Consuls  or  Consular  Agents 
to  reside  at  any  or  all  of  the  ports  in  Japan  which  are  opened  for 
American  commerce  by  this  treaty.  The  Diplomatic  Agent  and  Con- 
sul General  of  the  United  States  shall  have  the  right  to  travel  freely 
in  any  part  of  the  Empire  of  Japan  from  the  time  they  enter  on  the 
discharge  of  their  official  duties. 

The  Government  of  Japan  may  appoint  a Diplomatic  Agent  to 
reside  at  Washington,  and  Consuls  or  Consular  Agents  for  any  or  all 
of  the  ports  of  the  United  States.  The  Diplomatic  Agent  and  Consul 
General  of  Japan  may  travel  freely  in  any  part  of  the  United  States 
from  the  time  they  arrive  in  the  country. 

Article  IL 

The  President  of  the  United  States,  at  the  request  of  the  Japanese 
Government,  will  act  as  a friendly  mediator  in  such  matters  of  differ- 
ence as  may  arise  between  the  Government  of  Japan  and  any  Euro- 
pean power. 

The  ships  of  war  of  the  United  States  shall  render  friendly  aid 
and  assistance  to  such  Japanese  vessels  as  they  may  meet  on  the 
high  seas,  so  far  as  can  be  done  without  a breach  of  neutrality;  and 
all  American  Consuls  residing  at  ports  visited  by  Japanese  vessels 
shall  also  give  them  such  friendly  aid  as  may  be  permitted  by  the 
laws  of  the  respective  countries  in  which  they  reside. 

Article  III. 

In  addition  to  the  ports  of  Simoda  and  Hakodade,  the  following 
ports  and  towns  shall  be  opened  on  the  dates  respectively  appended 
to  them,  that  is  to  say:  Kanagawa,  on  the  (4th  of  July,  1859)  fourth 
day  of  July,  one  thousand  eight  hundred  and  fifty-nine;  Nagasaki, 
on  the  {4th  of  July,  18(59)  fourth  day  of  July,  one  thousand  eight 
hundred  and  fifty-nine;  Nee-e-gata,  on  the  (1st  of  January,  1860) 


1002 


TREATIES,  CONVENTIONS,  ETC. 


first  day  of  January,  one  thousand  eight  hundred  and  sixty;  Hiogo, 
on  the  (1st  of  January,  1863)  first  day  of  January,  one  thousand 
eight  hundred  and  sixty -three. 

If  Nee-e-gata  is  found  to  be  unsuitable  as  a harbour,  another  port 
on  the  west  coast  of  Nipon  shall  be  selected  by  the  two  Governments 
in  lieu  thereof.  Six  months  after  the  opening  of  Kanagawa  the  port 
of  Simoda  shall  be  closed  as  a place  of  residence  and  trade  for 
American  citizens.  In  all  the  foregoing  ports  and  towns  American 
citizens  may  permanently  reside;  they  shall  have  the  right  to  lease 
ground,  and  purchase  the  buildings  thereon,  and  may  erect  dwellings 
and,  warehouses.  But  no  fortification  or  place  of  military  strength 
shall  be  erected  under  pretence  of  building  dwelling  or  warehouses; 
and  to  see  that  this  article  is  observed,  the  Japanese  authorities 
shall  have  the  right  to  inspect,  from  time  to  time,  any  buildings 
which  are  being  erected,  altered,  or  repaired.  The  place  which  the 
Americans  shall  occupy  for  their  buildings,  and  the  harbour  regu- 
lations, shall  be  arranged  by  the  American  Consul  and  the  authorities 
of  each  place;  and  if  they  cannot  agree,  the  matter  shall  be  referred 
to  and  settled  by  the  American  Diplomatic  Agent  and  the  Japanese 
Government. 

No  wall,  fence,  or  gate  shall  be  erected  by  the  Japanese  around  the 
place  of  residence  of  the  Americans,  or  anything  done  which  may 
prevent  a free  egress  and  ingress  to  the  same. 

From  the  (1st  of  January,  1862)  first  day  of  January,  one  thou- 
sand eight  hundred  and  sixty-two,  Americans  shall  be  allowed  to  re- 
side in  the  city  of  Yedo;  and  from  the  (1st  of  January,  1863,)  first 
day  of  January,  one  thousand  eight  hundred  and  sixty-three,  in  the 
city  of  Osaca,  for  the  purposes  of  trade  only.  In  each  of  these  two 
cities  a suitable  place  within  which  they  may  hire  houses,  and  the  dis- 
tance they  may  go,  shall  be  arranged  by  the  American  Diplomatic 
Agent  and  the  Government  of  Japan.  Americans  may  fi’eely  buy  from 
Japanese  and  sell  to  them  any  articles  that  either  may  have  for  sale, 
without  the  intervention  of  any  Japanese  officers  in  such  purchase  or 
sale,  or  in  making  or  receiving  payment  for  the  same;  and  all  classes 
of  Japanese  may  purchase,  sell,  keep,  or  use  any  articles  sold  to  them 
by  the  Americans. 

The  Japanese  Government  will  cause  this  clause  to  be  made  public 
in  every  part  of  the  Empire  as  soon  as  the  ratifications  of  this  treaty 
shall  be  exchanged. 

Munitions  of  war  shall  only  be  sold  to  the  Japanese  Government 
and  foreigners. 

No  rice  or  wheat  shall  be  exported  from  Japan  as  cargo,  but  all 
Americans  resident  in  Japan,  and  ships,  for  their  crews  and  passen- 
gers, shall  be  furnished  with  sufficient  supplies  of  the  same.  The 
Japanese  Government  will  sell,  from  time  to  time  at  public  auction, 
any  surplus  quantity  of  copper  that  may  be  produced.  Americans 
residing  in  Japan  shall  have  the  right  to  employ  Japanese  as  servants 
or  in  any  other  capacity. 

Article  IV. 

Duties  shall  be  paid  to  the  Government  of  Japan  on  all  goods 
landed  in  the  country,  and  on  all  articles  of  Japanese  production 
that  are  exported  as  cargo,  according  to  the  tariff  hereunto  appended. 


JAPAN- — 1858. 


1003 


If  the  Japanese  custom-house  officers  are  dissatisfied  with  the  value 
placed  on  any  goods  by  the  owner,  they  may  place  a value  thereon, 
and  offer  to  take  the  gods  at  that  valuation.  If  the  owner  refuses  to 
accept  the  offer,  he  shall  pay  duty  on  such  valuation.  If  the  offer  be 
accepted  by  the  owner,  the  purchase-money  shall  be  paid  to  him  -vVith- 
out  delay,  and  without  any  abatement  or  discount. 

Supplies  for  the  use  of  the  United  States  navy  may  be  landed  at 
Kanagawa,  Hakodade,  and  Nagasaki,  and  stored  in  warehouses,  in 
the  custody  of  an  officer  of  the  American  Government,  without  the 
payment  of  any  duty.  But,  if  any  such  supplies  are  sold  in  Japan, 
the  purchaser  shall  pay  the  proper  duty  to  the  Japanese  authorities. 

The  importation  of  opium  is  prohibited,  and  any  American  vessel 
coming  to  Japan  for  the  purposes  of  trade,  having  more  than  (3) 
three  catties’  (four  pounds  avoirdupois)  weight  of  opium  on  board, 
such  surplus  quantity  shall  be  seized  and  destroyed  by  the  Japanese 
authorities.  All  goods  imported  into  Japan,  and  which  have  paid  the 
duty  fixed  by  this  treaty,  may  be  transported  by  the  Japanese  into 
any  part  of  the  Empire  without  the  payment  of  any  tax,  excise,  or 
transit  duty  whatever. 

No  higher  duties  shall  be  paid  by  Americans  on  goods  imported 
into  Japan  than  are  fixed  by  this  treaty,  nor  shall  any  higher  duties 
be  paid  by  Americans  than  are  levied  on  the  same  description  of 
goods  if  imported  in  Japanese  vessels,  or  the  vessels  of  any  other 
nation. 

Article  V.“ 

All  foreign  coin  shall  be  current  in  Japan  and  pass  for  its  corre- 
sponding weight  of  Japanese  coin  of  the  same  description.  Ameri- 
cans and  Japanese  may  freely  use  foreign  or  Japanese  coin,  in  mak- 
ing payments  to  each  other. 

As  some  time  will  elapse  before  the  Japanese  will  be  acquainted 
with  the  value  of  foreign  coin,  the  Japanese  Government  will,  for 
the  period  of  one  year  after  the  opening  of  each  harbour,  furnish  the 
Americans  Avith  Japanese  coin,  in  exchange  for  theirs,  equal  weights 
being  given  and  no  discount  taken  for  recoinage.  Coins  of  all  de- 
scription (with  the  exception  of  Japanese  copper  coin)  may  be  ex- 
ported from  Japan,  and  foreign  gold  and  silver  uncoined. 

Article  VI. 

Americans  committing  offences  against  Japanese  shall  be  tried  in 
American  consular  courts,  and  when  guilty  shall  be  punished  accord- 
ing to  American  law.  Japanese  committing  offences  against  Ameri- 
cans shall  be  tried  by  the  Japanese  authorities  and  punished  accord- 
ing to  Japanese  law.  The  consular  courts  shall  be  open  to  Japanese 
creditors,  to  enable  them  to  recover  their  just  claims  against  Ameri- 
can citizens,  and  the  Japanese  courts  shall  in  like  manner  be  open  to 
American  citizens  for  the  recovery  of  their  just  claims  against  Jap- 
anese. 

All  claims  for  forfeitures  or  penalties  for  violations  of  this  treaty, 
or  of  the  articles  regulating  trade  which  are  appended  hereunto, 
shall  be  sued  for  in  the  consular  courts,  and  all  recoveries  shall  be  de- 
livered to  the  Japanese  authorities. 


“This  article  is  .Tinendert  by  Article  VI  of  the  convention  of  June  2.5.  ISliG. 


1004 


TREATIES,  CONVENTIONS,  ETC. 


Neither  the  American  or  Japanese  Governments  are  to  be  held  re- 
sponsible for  the  payment  of  any  debts  contracted  by  their  respective 
citizens  or  subjects, 

. Article  VIL 

In  the  opened  harbours  of  Japan,  Americans  shall  be  free  to  go 
where  they  please  within  the  following  limits : 

At  Kanagawa,  the  Kiver  Logo  (which  empties  into  the  Baj^  of 
Yedo,  between  Kawasaki  and  Sinagawa) , and  (10)  ten  ri  in  any  other 
direction. 

At  Hakodade,  ( 10)  ten  ri  in  any  direction. 

At  Hiogo,  (10)  ten  ri  in  any  direction,  that  of  Kioto  excepted, 
which  city  shall  not  be  approached  nearer  than  (10)  ten  ri.  The 
crews  of  vessels  resorting  to  Hiogo  shall  not  cross  the  River  Enagawa. 
which  empties  into  the  bay  between  Hiogo  and  Osaca,  The  distances 
shall  be  measured  inland  from  the  Goyoso,  or  town  hall,  of  each  of 
the  foregoing  harbours,  the  ri  being  equal  to  (4,275)  four  thousand 
two  hundred  and  seventy-five  yards,  American  measure. 

At  Nagasaki,  Americans  may  go  into  any  part  of  the  imperial 
domain  in  its  vicinity.  The  boundaries  of  Nee-e-gata,  or  the  place 
that  may  be  substituted  for  it,  shall  be  settled  by  the  American  Dip- 
lomatic Agent  and  the  Government  of  Japan.  Americans  who  have 
been  convicted  of  felony,  or  twice  convicted  of  misdemeanours,  shall 
not  go  more  than  (1)  one  Japanese  ri  inland  from  the  places  of  their 
respective  residences;  and  all  persons  so  convicted  shall  lose  their 
right  of  permanent  residence  in  Japan,  and  the  Japanese  authorities 
may  require  them  to  leave  the  country. 

A reasonable  time  shall  be  allowed  to  all  such  persons  to  settle 
their  affairs,  and  the  American  consular  authority  shall,  after  an  ex- 
amination into  the  circumstances  of  each  case,  determine  the  time 
to  be  allowed,  but  such  time  shall  not  in  any  case  exceed  one  year,  to 
be  calculated  from  the  time  the  person  shall  be  free  to  attend  to  his 
affairs. 

Article  VIII. 

Americans  in  J apan  shall  be  allowed  the  free  exercise  of  their  reli- 
gion, and  for  this  purpose  shall  have  the  right  to  erect  suitable  places 
of  worship.  No  injury  shall  be  done  to  such  buildings,  nor  any  insult 
be  offered  to  the  religious  worship  of  the  Americans.  American  citi- 
zens shall  not  injure  any  Japanese  temple  or  mia,  or  offer  any  insult 
or  injury  to  Japanese  religious  ceremonies,  or  to  the  objects  of  their 
worship. 

The  Americans  and  Japanese  shall  not  do  anything  that  may  be 
calculated  to  excite  religious  animosity.  The  Government  of  Japan 
has  already  abolished  the  practice  of  trampling  on  religious  emblems. 

Article  IX. 

Wlien  requested  by  the  American  Consul,  the  Japanese  authorities 
will  cause  the  arrest  of  all  deserters  and  fugitives  from  justice,  re- 
ceive in  jail  all  persons  held  as  prisoners  by  the  Consul,  and  give  to 
tlie  Consul  such  assistance  as  may  be  required  to  enable  him  to  en- 
force the  observance  of  the  laws  by  the  Americans  who  are  on  land. 


JAPAN — 1858. 


1005 


and  to  maintain  order  among  the  shipping.  For  all  such  services,  and 
for  the  support  of  prisoners  kept  in  confinement,  the  Consul  shall 
in  all  cases  pay  a just  compensation. 

Abticle  X. 

The  Japanese  Government  may  purchase  or  construct,  in  the 
United  States,  ships  of  war,  steamers,  merchant-ships,  whale-ships, 
cannon,  munitions  of  war,  and  arms  of  all  kinds,  and  any  other 
things  it  may  require.  It  shall  have  the  right  to  engage,  in  the 
United  States,  scientific,  naval,  and  military  men,  artisans  of  all 
kinds,  and  mariners  to  enter  into  its  service.  All  purchases  made  for 
the  Government  of  Japan  may  be  exported  from  the  United  States, 
and  all  persons  engaged  for  its  service  may  freely  depart  from  the 
United  States:  Provided^  That  no  articles  that  are  contraband  of  war 
shall  be  exported,  nor  any  persons  engaged  to  act  in  a naval  or  mili- 
tary capacity,  while  Japan  shall  be  at  war  with  any  power  in  amity 
with  the  United  States. 


Article  XI. 

The  articles  for  the  regulation  of  trade,  which  are  appended  to 
this  treaty,  shall  be  considered  as  forming  a part  of  the  same,  and 
shall  be  equally  binding  on  both  the  contracting  parties  to  this  treaty, 
and  on  their  citizens  and  subjects. 

Article  XII. 

Such  of  the  provisions  of  the  treaty  made  by  Commodore  Perry, 
and  signed  at  Kanagawa,  on  the  31st  of  March,  1854,  as  conflict  with 
the  provisions  of  this  treaty  are  hereby  revoked ; and  as  all  the  pro- 
visions of  a convention  executed  by  the  Consul  General  of  the  United 
States  and  the  Governors  of  Simoda,  on  the  17th  of  June,  1857,  are 
incorporated  in  this  treaty,  that  convention  is  also  revoked. 

The  person  charged  with  the  diplomatic  relations  of  the  United 
States  in  Japan,  in  conjunction  with  such  person  or  persons  as  may 
be  appointed  for  that  purpose  by  the  Japanese  Government,  shall 
have  power  to  make  such  rules  and  regulations  as  may  be  required  to 
carry  into  full  and  complete  effect  the  provisions  of  this  treaty,  and 
the  provisions  of  the  articles  regulating  trade  appended  thereunto. 

Article  XIII. 

After  the  (4th  of  July,  1872)  fourth  day  of  July,  one  thousand 
eight  hundred  and  seventy-two,  upon  the  desire  of  either  the  Ameri- 
can or  Japanese  Governments,  and  on  one  year’s  notice  given  by 
either  party,  this  treaty,  and  such  portions  of  the  treaty  of  Kana- 
gawa as  remain  unrevoked  by  this  treaty,  together  with  the  regula- 
tions of  trade  hereunto  annexed,  or  those  that  may  be  hereafter  in- 
troduced, shall  be  subject  to  revision  by  commissioners  appointed 
on  both  sides  for  this  purpose,  who  will  be  empowered  to  decide  on, 
and  insert  therein,  such  amendments  as  experience  shall  prove  to  be 
desirable. 


1006 


TREATIES,  CONVENTIONS,  ETC. 


Article  XIV. 

This  treaty  shall  go  into  effect  on  the  (4th  of  July,  1859)  fourth 
day  of  July,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
fifty-nine,  on  or  before  which  day  the  ratifications  of  the  same  shall 
be  exchanged  at  the  city  of  Washington;  but  if,  from  any  unforeseen 
cause,  the  ratifications  cannot  be  exchanged  by  that  time;  the  treaty 
shall  still  go  into  effect  at  the  date  above  mentioned. 

The  act  of  ratification  on  the  part  of  the  United  States  shall  be 
verified  by  the  signature  of  the  President  of  the  United  States, 
countersigned  by  the  Secretary  of  State,  and  sealed  with  the  seal  of 
the  United  States. 

The  act  of  ratification  on  the  part  of  Japan  shall  be  verified  by  the 
name  and  seal  of  His  Majesty  the  Ty-coon,  and  by  the  seals  and  sig- 
natures of  such  of  his  high  officers  as  he  may  direct. 

This  treaty  is  executed  in  quadruplicate,  each  copy  being  written 
in  the  English,  Japanese,  and  Dutch  languages,  all  the  versions  hav- 
ing the  same  meaning  and  intention,  but  the  Dutch  version  shall  be 
considered  as  being  the  original. 

In  witness  whereof,  the  above-named  Plenipotentiaries  have  here- 
unto set  their  hands  and  seals,  at  the  city  of  Yedo,  this  twenty-ninth 
day  of  July,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
fifty-eight,  and  of  the  Independence  of  the  United  States  of  America 
the  eighty-third,  corresponding  to  the  Japanese  era,  the  nineteenth 
day  of  the  sixth  month  of  the  fifth  year  of  Ansei  iVIma. 

[seal.]  Townsend  Harris. 


Regulations  under  which  American  Trade  is  to  be  Conducted 

IN  Japan.® 

REGULATION  FIRST. 

Within  (48)  forty-eight  hours  (Sundays  excepted)  after  the  ar- 
rival of  an  American  ship  in  a Japanese  port,  the  captain  or  com- 
mander shall  exhibit  to  the  Japanese  custom-house  authorities  the 
receipt  of  the  American  Consul,  showing  that  he  has  deposited  the 
ship’s  register  and  other  papers,  as  required  by  the  laws  of  the  United 
States,  at  the  American  consulate,  and  he  shall  then  make  an  entry  of 
his  ship,  by  giving  a written  paper,  stating  the  name  of  the  ship  and 
the  name  of  the  port  from  which  she  comes,  her  tonnage,  the  name 
of  her  captain  or  commander,  the  names  of  her  passengers,  (if  any,) 
and  the  number  of  her  crew,  which  paper  shall  be  certified  by  the  cap- 
tain or  commander  to  be  a true  statement,  and  shall  be  signed  by 
him.  He  shall  at  the  same  time  deposit  a written  manifest  of  his 
cargo,  setting  forth  the  marks  and  numbers  of  the  packages  and  their 
contents,  as  they  are  described  in  his  bills  of  lading,  with  the  names 
of  the  person  or  persons  to  whom  the}'  are  consigned.  A list  of  the 
stores  of  the  ship  shall  be  added  to  the  manifest.  The  captain  or 
commander  shall  certify  the  manifest  to  be  a true  account  of  all  the 
cargo  and  stores  on  board  the  ship,  and  shall  sign  his  name  to  the 


“Amended  by  the  convention  of  June  25,  1866. 


JAPAN- — 1858. 


1007 


same.  If  any  error  is  discovered  in  the  manifest,  it  may  be  corrected 
within  (24)  twenty-four  hours  (Sundays  excepted)  without  the  pay- 
ment of  any  fee;  but  for  any  alteration  or  post  entry  to  the  mani- 
fest made  after  that  time  a fee  of  (15)  fifteen  dollars  shall  be  paid. 
All  goods  not  entered  on  the  manifest  shall  pay  double  duties  on 
being  landed.  Any  captain  or  commander  that  shall  neglect  to  enter 
his  vessel  at  the  Japanese  custom-house  within  the  time  prescribed 
by  this  regulation  shall  pay  a penalty  of  (60)  sixty  dollars  for  each 
day  that  he  shall  so  neglect  to  enter  his  ship. 

REGULATION  SECOND. 

The  Japanese  Government  shall  have  the  right  to  place  custom- 
house officers  on  board  of  any  ship  in  their  ports,  (men-of-war  ex- 
cepted.) All  custom-house  officers  shall  be  treated  with  civility,  and 
such  reasonable  accommodation  shall  be  allotted  to  them  as  the  ship 
affords.  No  goods  shall  be  unladen  from  any  ship  between  the  hours 
of  sunset  and  sunrise,  except  by  special  permission  of  the  custom- 
house authorities,  and  the  hatches,  and  all  other  places  of  entrance 
into  that  part  of  the  ship  where  the  cargo  is  stowed,  may  be  secured 
by  Japanese  officers,  between  the  hours  of  sunset  and  sunrise,  by  affix- 
ing seals,  locks,  or  other  fastenings;  and  if  any  person  shall,  without 
due  permission,  open  any  entrance  that  has  been  so  secured,  or  shall 
break  or  remove  any  seal,  lock,  or  other  fastening  that  has  been 
affixed  by  the  Japanese  custom-house  officers,  every  person  so  offend- 
ing shall  pay  a fine  of  (60)  sixty  dollars  for  each  offense.  Any  goods 
that  shall  be  discharged  or  attempted  to  be  discharged  from  any  ship 
without’  having  been  duly  entered  at  the  J apanese  custom-house,  as 
hereinafter  provided,  shall  be  liable  to  seizure  and  confiscation. 

Packages  of  goods  made  up  with  an  attempt  to  defraud  the  reve- 
nue of  Japan,  by  concealing  therein  articles  of  value  which  are  not 
set  forth  in  the  invoice,  shall  be  forfeited. 

American  ships  that  shall  smuggle,  or  attempt  to  smuggle,  goods 
in  any  of  the  non-opened  harbours  of  Japan,  all  such  goods  shall  be 
forfeited  to  the  Japanese  Government,  and  the  ships  shall  pay  a fine 
of  (1,000)  one  thousand  dollars  for  each  offence.  Vessels  needing 
repairs  may  land  their  cargo  for  that  purpose  without  the  payment 
of  duty.  All  goods  so  landed  shall  remain  in  charge  of  the  Japanese 
authorities,  and  all  just  charges  for  storage,  labor,  and  supervision 
shall  be  paid  thereon.  But  if  any  portion  of  such  cargo  be  sold,  the 
regular  duties  shall  be  paid  on  the  portion  so  disposed  of.  Cax’go 
may  be  transhipped  to  another  vessel  in  the  same  harbour  without 
the  payment  of  duty ; but  all  transhipments  shall  be  made  under  the 
supervision  of  Japanese  officers,  and  after  satisfactory  proof  has  been 
given  to  the  custom-house  authorities  of  the  bona  fide  nature  of  the 
transaction,  and  also  under  a permit  to  be  granted  for  that  purpose 
by  such  authorities.  The  importation  of  opium  being  prohibited, 
if  any  person  or  persons  shall  smuggle,  or  attempt  to  smuggle,  any 
opium,  he  or  they  shall  pay  a fine  of  (15)  fifteen  dollars  for  each  catty 
of  opium  so  smuggled  or  attempted  to  be  smuggled;  and  if  more 
than  one  person  shall  be  engaged  in  the  offence,  they  shall  collectively 
be  held  responsible  for  the  payment  of  the  foregoing  penalty. 


1008 


TREATIES,  CONVENTIONS,  ETC. 


REGULATION  THIRD. 

The  owner  or  consimee  of  any  goods,  who  desires  to  land  them, 
shall  make  an  entry  of  the  same  at  the  Japanese  custom-house.  The 
entry  shall  be  in  writing,  and  shall  set  forth  the  name  of  the  person 
making  the  entry,  and  the  name  of  the  ship  in  which  the  goods  were 
imported,  and  the  marks,  numbers,  packages,  and  the  contents  thereof, 
with  the  value  of  each  package  extended  separately  in  one  amount, 
and  at  the  bottom  of  the  entry  shall  be  placed  the  aggregate  value  of 
all  the  goods  contained  in  the  entry.  On  each  entry  the  owner  or  * 
consignee  shall  certify,  in  writing,  that  the  entry  then  presented 
exhibits  the  actual  cost  of  the  goods,  and  that  nothing  has  been  con- 
cealed whereby  the  customs  of  Japan  would  be  defrauded;  and  the 
owner  or  consignee  shall  sign  his  name  to  such  certificate. 

The  original  invoice  or  invoices  of  the  goods  so  entered  shall  be 
presented  to  the  custom-house  authorities,  and  shall  remain  in  their 
possession  until  they  have  examined  the  goods  contained  in  the  entr3^ 

The  Japanese  officers  may  examine  any  or  all  the  packages  so  en- 
tered, and  for  this  purpose  may  take  them  to  the  custom-house,  but 
such  examination  shall  be  without  expense  to  the  importer  or  injury 
to  the  goods;  and  after  examination  the  Japanese  shall  restore  the 
goods  to  their  original  condition  in  the  packages,  (so  far  as  may  be 
practicable,)  and  such  examination  shall  be  made  without  any  unrea- 
sonable delay. 

If  any  owner  or  importer  discovers  that  his  goods  have  been  dam- 
aged on  the  voyage  of  importation,  before  such  goods  have  been  deliv- 
ered to  him,  he  may  notify  the  custom-house  authorities  of  such 
damage;  and  he  may  have  the  damaged  goods  appraised  by  two  or 
more  competent  and  disinterested  persons,  who,  after  due  examina- 
tion, shall  make  a certificate  setting  forth  the  amount  per  cent,  of 
damage  on  each  separate  package,  describing  it  by  its  mark  and 
number,  which  certificates  shall  be  signed  by  the  appraisers,  in  pres- 
ence of  the  custom-house  authorities,  and  the  importer  may  attach  the 
certificate  to  his  entry,  and  make  a corresponding  deduction  from  it. 
But  this  shall  not  prevent  the  custom-house  authorities  from  apprais- 
ing the  goods  in  the  manner  provided  in  article  fourth  of  the  treaty, 
to  which  these  regulations  are  appended. 

After  the  duties  have  been  paid,  the  owner  shall  receive  a permit 
authorizing  the  delivery  to  him  of  the  goods,  whether  the  same  are 
at  the  custom-house  or  on  ship-board.  All  goods  intended  to  be  ex- 
ported shall  be  entered  at  the  J apanese  custom-house  before  they  are 
placed  on  ship-board.  The  entry  shall  be  in  writing,  and  shall  state 
the  name  of  the  ship  by  which  the  goods  are  to  be  exported,  with  the 
marks  and  numbers  of  the  packages,  and  the  quantity,  description, 
and  value  of  their  contents.  The  exporter  shall  certify,  in  writing, 
that  the  entry  is  a true  account  of  all  the  goods  contained  therein, 
and  shall  sign  his  name  thereto.  Any  goods  that  are  put  on  board  of 
a ship  for  exportation  before  they  have  been  entered  at  the  custom- 
house, and  all  packages  which  contain  prohibited  articles,  shall  be 
forfeited  to  the  Japanese  Government. 

No  entry  at  the  custom-house  shall  be  required  for  supplies  for  the 
use  of  ships,  their  crews,  and  passengers,  nor  for  the  clothing,  etc., 
of  passengers. 


JAPAN — ^1858. 


1009 


REGULATION  FOURTH. 

Ships  wishing  to  clear  shall  give  (24)  twenty-four  hours’  notice  at 
the  custom-house,  and  at  the  end  of  that  time  they  shall  be  entitled  to 
their  clearance;  but,  if  it  be  refused,  the  custom-house  authorities 
shall  immediately  inform  the  captain  or  consignee  of  the  ship  of  the 
i-easons  why  the  clearance  is  refused,  and  they  shall  also  give  the  same 
notice  to  the  American  Consul. 

Ships  of  war  of  the  United  States  shall  not  be  required  to  enter  or 
clear  at  the  custom-house,  nor  shall  they  be  visited  by  Japanese 
custom-house  or  police-officers.  Steamers  carrying  the  mails  of  the 
United  States  may  enter  and  clear  on  the  same  day,  and  they  shall 
not  be  required  to  make  a manifest,  except  for  such  passengers  and 
goods  as  are  to  be  landed  in  Japan.  But  such  steamers  shall  in  all 
cases  enter  and  clear  at  the  custom-house. 

"WTiale-ships  touching  for  supplies,  or  ships  in  distress,  shall  not  be 
required  to  make  a manifest  or  their  cargo;  but  if  they  subsequently 
wish  to  trade,  they  shall  then  deposit  a manifest,  as  required  in  regu- 
lation first. 

The  word  ship,  whenever  it  occurs  in  these  regulations,  or  in  the 
treaty  to  which  they  are  attached,  is  to  be  held  as  meaning  ship, 
barque,  brig,  schooner,  sloop,  or  steamer. 

REGULATION  FIFTH. 

Any  person  signing  a false  declaration  or  certificate,  with  the  intent 
to  defraud  the  revenue  of  Japan,  shall  pay  a fine  of  (125)  one  hun- 
dred and  twenty-five  dollars  for  each  offence. 

REGULATION  SIXTH.® 

No  tonnage  duties  shall  be  levied  on  American  ships  in  the  ports  of 
Japan,  but  the  following  fees  shall  be  paid  to  the  Ja]3anese  custom- 
house authorities:  For  the  entry  of  a ship,  (15)  fifteen  dollars;  for 
the  clearance  of  a ship,  (7)  seven  dollars;  for  each  permit,  (1^)  one 
dollar  and  a half;  for  each  bill  of  health,  (1^)  one  dollar  and  a half; 
for  any  other  document,  (1^)  one  dollar  and  a half. 

REGULATION  SEVENTH. 

Duties  shall  be  paid  to  the  Japanese  Government  on  all  goods 
landed  in  the  country,  according  to  the  following  tariff: 

Class  one. — All  articles  in  this  class  shall  be  free  of  duty. 

Gold  and  silver,  coined  or  uncoined. 

Wearing  apparel  in  actual  use. 

Household  furniture  and  printed  books  not  intended  for  sale,  but 
the  property  of  persons  who  come  to  reside  in  Japan. 

Class  two. — A duty  of  (5)  five  per  cent,  shall  be  paid  on  the  follow- 
ing articles: 

All  articles  used  for  the  purpose  of  building,  rigging,  repairing,  or 
fitting  out  of  ships;  whaling  gear  of  all  kinds;  salted  provisions  of  all 
kinds;  bread  and  breadstuffs;  living  animals  of  all  kinds;  coals; 
timber  for  building  houses ; rice ; paddy ; steam  machinery ; zinc ; lead ; 
tin ; raw  silk. 

® This  regulation  is  amended  by  Article  III  of  the  convention  of  June  25, 1866. 

24449— VOL  1—10 64 


1010 


TEEATIES,  CONVENTIONS,  ETC. 


Class  three. — A duty  of  (35)  thirty-five  per  cent,  shall  be  paid  on 
all  intoxicating  liquors,  whether  prepared  by  distillation,  fermenta- 
tion, or  in  any  other  manner. 

Class  four. — All  goods  not  included  in  any  of  the  preceding  classes 
shall  pay  a duty  of  (20)  twenty  per  cent. 

All  articles  of  Japanese  production  which  are  exported  as  cargo 
shall  pay  a duty  of  (5)  five  per  cent.,  with  the  exception  of  gold  and 
silver  coin  and  copper  in  bars.  (5)  Five  years  after  the  opening  of 
Kanagawa  the  import  and  export  duties  shall  be  subject  to  revision, 
if  the  Japanese  Government  desires  it. 

[seal.]  Townsend  Harris. 


1864.“ 

C!onvention  for  the  Reduction  of  Import  Duties. 

Concluded  January  ^5, 1864;  ratification  advised  hy  the  Senate  Febru- 
ary 21,  1866 ; ratified  by  the  President  April  9,  1866 ; proclaimed 

April  9,  1866. 

Articles. 

I.  Articles  duty  free.  I III.  Duty  to  be  paid. 

II.  Articles  reduced  duty.  I IV.  Duration ; ratification. 

For  the  purpose  of  encouraging  and  facilitating  the  commerce  of 
the  citizens  of  the  United  States  in  Japan,  and  after  due  deliber- 
ation, His  Excellency  Robert  H.  Pruyn,  Minister  Resident  of  the 
United  States  in  Japan,  and  His  Excellency  Sibata  Sadataro,  Gov- 
ernor for  Foreign  Affairs,  both  having  full  powers  from  their  re- 
sjDective  Governments,  have  agreed  on  the  following  articles,  viz : 

Article  I. 

The  following  articles,  used  in  the  preparation  and  packing  of 
teas,  shall  be  free  of  duty : 

Sheet  lead,  soder,  matting,  rattan,  oil  for  painting,  indigo,  gipsum, 
firing  pans,  and  baskets. 

Article  II. 

The  following  articles  shall  be  admitted  at  the  reduced  duty  of 
five  per  cent. : 

Machines  and  machinery;  drugs  and  medicines.  Note. — The  pro- 
hibition of  the  importation  of  opium,  according  to  the  existing  treaty, 
remains  in  full  force.  Iron,  in  pigs  or  bars;  sheet  iron  and  iron 
wire;  tin  plates,  white  sugar,  in  loaves  or  crushed;  glass  and  glass- 
ware; clocks,  watches,  and  watch  chains;  wines,  malted  and  spiritu- 
ous liquors. 

Article  III. 

The  citizens  of  the  United  States,  importing  or  exporting  goods, 
shall  always  pay  the  duty  fixed  thereon,  whether  such  goods  are  in- 
tended for  their  own  use  or  not. 


“This  convention  was  superseded  by  the  convention  of  June  25.  1866,  which 
latter  convention  was  superseded  by  the  convention  of  November  22,  1894. 


JAPAN — 1864. 


1011 


Article  IV. 

This  convention  having  been  agreed  upon  a year  ago,  and  its  signa- 
ture delayed  through  unavoidable  circumstances,  it  is  hereby  agreed 
that  the  same  shall  go  into  effect;  at  Kanagawa,  on  the  8th  of  Feb- 
ruary next,  corresponding  to  the  first  day  of  the  first  month  of  the 
fourth  Japanese  year  of  Bunkin  Ne,  and  at  Nagasaki  and  Hakodate 
on  the  9th  day  of  March  next,  corresponding  to  the  first  day  of  the 
second  month  of  the  fourth  Japanese  year  of  Bunkin  Ne. 

Done  in  quadruplicate;  each  co^iy  being  written  in  the  English, 
Japanese,  and  Dutch  languages;  all  the  versions  having  the  same 
meaning,  but  the  Dutch  version  shall  be  considered  as  the  original. 

In  witness  whereof  the  above-named  Plenipotentiaries  have  here- 
unto set  their  hands  and  seals,  at  the  city  of  Yedo,  the  28th  day  of 
January,  of  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty-four,  and  of  the  Independence  of  the  United  States  the  eighty- 
eighth,  corresponding  to  the  twentieth  day  of  the  twelfth  month  of 
the  third  year  of  Bunkin  Ye  of  the  Japanese  era. 

[seal.]  Robert  H.  Pruyn. 


1864. 

Convention  for  the  Payment  of  the  Simonoseki  Indemnities. 

Concluded  October  22^  1861^.;  ratification  advised  toy  the  Senate  Feb- 
ruary 21, 1866;  ratified  by  the  President  April  9, 1866;  proclaimed 
April  9, 1866. 

The  representatives  of  the  United  States  of  America,  Great  Britain, 
France,  and  the  Netherlands,  in  view  of  the  hostile  acts  of  Mori 
Daizen,  Prince  of  Nagato  and  Suwo,  which  were  assuming  such 
formidable  proportions  as  to  make  it  difficult  for  the  Tycoon  faith- 
fully to  observe  the  treaties,  having  been  obliged  to  send  their  com- 
bined forces  to  the  Straits  of  Simonoseki  in  order  to  destroy  the 
batteries  erected  by  that  Daimio  for  the  destruction  of  foreign  ves- 
sels and  the  stoppage  of  trade;  and  the  Government  of  the  Tycoon, 
on  whom  devolved  the  duty  of  chastising  this  rebellious  Prince,  being 
held  responsible  for  any  damage  resulting  to  the  interests  of  the 
treaty  Powers,  as  well  as  the  expenses  occasioned  by  the  expedition : 

The  undersigned,  representatives  of  treaty  Powers,  and  Sakai  Hida 
no  Kami,  a member  of  his  second  council,  invested  with  plenipoten- 
tiary powers  by  the  Tycoon  of  Japan,  animated  with  the  desire  to 
put  an  end  to  all  reclamations  concerning  the  acts  of  aggression  and 
hostility  committed  by  the  said  Mori  Daizen  since  the  first  of  these 
acts,  in  June,  1863,  against  the  flags  of  divers  treaty  Powers,  and  at 
the  same  time  to  regulate  definitively  the  question  of  indemnities  of 
war,  of  whatever  kind,  in  respect  to  the  allied  expedition  to  Simono- 
seki, have  agreed  and  determined  upon  the  four  articles  following : 

1.  The  amount  payable  to  the  four  Powers  is  fixed  at  three  millions 
of  dollars.  This  sum  to  include  all  claims,  of  whatever  nature,  for 
past  aggressions  on  the  part  of  Nagato,  whether  indemnities,  ransom 
for  Simonoseki,  or  expenses  entailed  by  tile  operations  of  the  allied 
squadrons. 


1012 


TREATIES,  CONVENTIONS,  ETC. 


2.  The  whole  sum  to  be  payable  quarterly,  in  instahnenls  of  one- 
sixth,  or  half  a million  dollars,  to  begin  from  the  date  when  the  rep- 
resentatives of  said  Powers  shall  make  known  to  the  Tycoon’s  Gov- 
ernment the  ratification  of  this  convention  and  the  instructions  of 
their  respective  Governments. 

3.  Inasmuch  as  the  receipt  of  money  has  never  been  the  object  of 
the  said  Powers,  but  the  establishment  of  better  relations  with  Japan, 
and  the  desire  to  place  these  on  a more  satisfactory  and  mutually 
advantageous  footing  is  still  the  leading  object  in  view,  therefore,  if 
His  Majesty  the  Tycoon  wishes  to  offer,  in  lieu  of  payment  of  the  sum 
claimed,  and  as  a material  compensation  for  loss  and  injury  sus- 
tained, the  opening  of  Simonoseki,  or  some  other  eligible  port  in  the 
inland  sea,  it  shall  be  at  the  option  of  the  said  foreign  Governments 
to  accept  the  same,  or  insist  on  the  payment  of  the  indemnity  in 
money,  under  the  conditions  above  stipulated. 

4.  This  convention  to  be  formally  ratified  by  the  Tycoon’s  Govern- 
ment within  fifteen  days  from  the  date  thereof. 

In  token  of  which  the  respective  Plenipotentiaries  have  signed  and 
sealed  this  convention,  in  quintuplicate,  with  English,  Dutch,  and 
Japanese  versions,  whereof  the  English  shall  be  considered  the 
original. 

Done  at  Yokohama,  this  22d  day  of  October,  1864,  corresponding 
to  the  22d  day  of  the  9th  month  of  the  first  year  of  Gengi. 

Egbert  H.  Peuyn, 

Minister  Resident  of  the  United  States  in  Japan. 

Kutherfoed  Aecock, 

H.  B.  31. ^s  Envoy  Extraordinary  and  Minister 
Plenipotentiary  in  Japan. 

Leon  Eoches, 

3Iinistre  Plenip'^re  de  S.  31.  UEmpereur  des  Frangais  au  Japon. 

D.  De  Graeff  Van  Polsbroek, 

H.  N.  d/.’s  Consul  General  and  Political  Agent  in  Japan. 

(Signature  of  Sakai  Hida  no  Kami.) 


1866.“ 


Convention  Establishing  Tariff  of  Duties  between  Japan  and 
THE  United  States,  Great  Britain,  France,  and  the  Nether- 
lands. 

Concluded  June  25.,  1866;  ratification  advised  hy  the  Senate  June  17, 

1868. 

Articles. 


I.  Effect. 

II.  Revision. 

III.  Permits. 

IV.  Warehousing. 

V.  Transit  charges. 

VI.  Coins. 

VII.  Protection  of  trade. 


VIII.  Japanese  vessels ; tonnage. 

IX.  Freedom  of  trade. 

X.  Importations;  travel;  employ- 
ment of  Japanese. 

XI.  Aids  to  navigation. 

XII.  Effect ; ratification. 

Tariff  and  rules. 


The  Eepresentatives  of  the  United  States  of  America,  Great 
Britain,  France,  and  Holland,  having  received  from  their  respective 


® This  treaty  was  not  proclaimed  and  was  superseded  July  17,  1899,  by  the 
treaty  of  November  22,  1894. 


JAPAN — 1866. 


1013 


Governments  identical  instructions  for  the  modification  of  the  Tariff 
of  Import  and  Export  Duties,  contained  in  the  Trade  Eegulations, 
annexed  to  the  Treaties  concluded  by  the  aforesaid  Powers  with  the 
Japanese  Government  in  1868,  which  modification  is  provided  for  by 
the  VIP**  of  those  Regulations : — 

And  the  Japanese  Government  having  given  the  said  Representa- 
tives, during  their  visit  to  Osaka,  in  November  1865,  a written 
engagement  to  proceed  immediately  to  the  Revision  of  the  Tariff  in 
question  on  the  general  basis  of  a duty  of  five  per  cent  on  the  value 
of  all  articles  Imported  or  Exported : — 

And  the  Government  of  Japan  being  desirous  of  affording  a fresh 
proof  of  their  wish  to  promote  trade  and  to  cement  the  friendly  rela- 
tions which  exist  between  their  country  and  foreign  nations : — 

His  Excellency  Midzuno  Idzumi  no  Kami,  a Member  of  the  Gorojiu 
and  a Minister  of  Foreign  Affairs,  has  been  furnished  by  the  Govern- 
ment of  Japan  with  the  necessary  powers  to  conclude  with  the  Rep- 
resentatives of  the  above-named  four  Powers ; that  is  to  say ; 

Of  the  United  States  of  Aunerica : — A.  L.  C.  Portman,  Esq.,  Charge 
d’Affaires  ad  interim; 

Of  Great  Britain: — Sir  Harry  S.  Parkes,  Knight  Commander  of 
the  Most  Honorable  Order  of  the  Bath,  Her  Britannic  Majesty’s 
Envoy  Extraordinary  and  Minister  Plenipotentiary  in  Japan; 

Of  France: — Monsieur  Leon  Roches,  Commander  of  the  Imperial 
Order  of  the  Legion  of  Honor,  Minister  Plenipotentiary  of  His 
Majesty  the  Emperor  of  the  French  in  Japan; 

And  of  Holland : — Monsieur  Dirk  de  Graeff  van  Polsbroek,  Knight 
of  the  Order  of  the  Netherlands  Lion,  Political  Agent  and  Consul 
General  of  his  Majesty  the  King  of  the  Netherlands: — 

The  following  Convention  comprising  Twelve  Articles. 

Article  I 

' The  contracting  parties  declare  in  the  names  of  their  respective 
Governments  that  they  accept,  and  they  hereby  do  formally  accept 
as  binding  on  the  citizens  of  their  respective  countries,  and  on  the 
subjects  of  their  respective  Sovereigns  the  Tariff  hereby  established 
and  annexed  to  the  present  convention. 

This  Tariff  is  substituted  not  only  for  the  original  Tariff  attached 
to  the  Treaties  concluded  with  the  abovenamed  four  Powers  but  also 
for  the  special  Conventions  and  arrangements  relative  to  the  same 
Tariff,  which  have  been  entered  into  at  different  dates  up  to  this  time 
between  the  Governments  of  the  United  States,  Great  Britain  and 
France  on  one  side,  and  the  Japanese  Government  on  the  other. 

The  new  Tariff  shall  come  into  effect  in  the  port  of  Kanagawa 
(Yokohama)  on  the  first  day  of  July  next,  and  in  the  ports  of 
Nagasaki  and  Hakodate  on  the  first  day  of  the  following  month. 

Article  II 

The  Tariff,  attached  to  this  convention,  being  incorporated  from 
the  date  of  its  signature  in  the  Treaties  concluded  between  Japan  and 
the  above  named  four  powers;  is  subject  to  revision  on  the  first  day 
of  July,  1872.  Two  years,  however,  after  the  signing  of  the  present 
convention,  any  of  the  contracting  parties,  on  giving  six  months’ 
notice  to  the  others,  may  claim  a re-adjustment  of  the  duties  on  Tea 


1014 


TREATIES,  CONVENTIONS,  ETC. 


and  Silk  on  the  basis  of  5 per  cent  on  the  average  value  of  those 
articles  during  the  three  years  last  preceding.  On  the  demand  also 
of  any  of  the  contracting  parties,  the  duty  on  timber  may  be  changed 
from  an  ad  valorem  to  a specific  rate  six  months  after  the  signature 
of  this  convention. 

Article  III 

The  Permit  fee,  hitherto  levied  under  the  Regulation  attached 
to  the  above  named  Treaties,  is  hereby  abolished.  Permits  for  the 
landing  or  shipment  of  cargo  will  be  required  as  formerly,  but  will 
hereafter  be  issued  free  of  charge. 

Article  IV 

On  and  from  the  first  day  of  July  next  at  the  port  of  Kanagawa 
(Yokohama)  and  on  and  from  the  day  of  October  next  at  the  ports 
of  Nagasaki  and  Hakodate,  the  Japanese  Government  will  be  pre- 
pared to  warehouse  imported  goods,  on  the  application  of  the 
importer  or  owner  without  payment  of  duty.  The  J apanese  Govern- 
ment will  be  responsible  for  the  safe  custody  of  the  goods  so  long  as 
they  remain  in  their  charge,  and  will  adopt  all  the  precautions  neces- 
sary to  render  them  insurable  against  fire.  When  the  importer  or  the 
owner  wishes  to  remove  the  goods  from  the  warehouse,  he  must  pay 
the  duties  fixed  by  the  Tariff,  but  if  he  should  wish  to  re-export  them, 
he  may  do  so  without  payment  of  duty.  Storage  charges  will  in 
either  case  be  paid  on  delivery  of  the  goods.  The  amount  of  these 
charges  together  with  the  regulations  necessary  for  the  management 
of  the  said  warehouses,  will  be  established  by  the  common  consent  of 
the  contracting  parties. 

Article  V 

All  articles  of  Japanese  production  may  be  conveyed  from  any 
place  in  Japan  to  any  of  the  Ports  open  to  foreign  trade,  free  of  any 
tax  or  transit  duty  other  than  the  usual  tolls  levied  equally  on  all 
traffic,  for  the  maintenance  of  roads  or  navigation. 

Article  VI 

In  conformity  with  those  articles  of  the  treaties  concluded  between 
Japan  and  Foreign  Powers,  which  stipulated  for  the  circulation  of 
forei^  coin  at  its  corresponding  weight  in  native  coin  of  the  same 
description,  dollars  have  hitherto  been  received  at  the  Japanese  Cus- 
tom House  in  payment  of  duties  at  their  weight  in  Boos,  (commonly 
called  Itchiboos)  that  is  to  say,  at  a rate  of  Three  hundred  and 
eleven  Boos  per  Hundred  Dollars.  The  Japanese  Government,  being 
however  desirous  to  alter  this  practice  and  to  abstain  from  all  inter- 
ference in  the  exchange  of  native  for  foreign  coin,  and  being  also 
anxious  to  meet  the  wants,  both  of  native  and  foreign  commerce  by 
securing  an  adequate  issue  of  native  coin,  have  alreadj^  determined 
to  enlarge  the  Japanese  Mint  so  as  to  admit  of  the  Japanese  Govern- 
ment exchanging  into  native  coin  of  the  same  intrinsic  value,  less 
only  the  cost  of  coinage  at  the  places  named  for  this  purpose;  all 
foreign  coin  or  bullion  in  gold  or  silver  that  may  at  any  time  be 
tendered  to  them  by  foreigners  or  Japanese.  It  being  essential  how- 


JAPAN — 1866. 


1015 


ever  to  the  execution  of  this  measure,  that  the  various  Powers  with 
whom  Japan  has  concluded  Treaties  should  first  consent  to  modify 
the  stipulations  in  those  Treaties  which  relate  to  the  currency,  the 
Japanese  Government  will  at  once  propose  to  those  Powers  the  adop- 
tion of  the  necessary  modification  in  the  said  stipulations,  and  on 
receiving  their  concurrence,  will  be  prepared  from  the  first  of  January 
1868  to  carry  the  above  measure  into  effect. 

The  rates  to  be  charged  as  the  cost  of  coinage  shall  be  determined 
hereafter,  by  the  common  consent  of  the  contracting  parties. 

Article  VII 

In  order  to  put  a stop  to  certain  abuses  and  inconveniences  com- 
plained of  at  the  open  Ports,  relative  to  the  transaction  of  business 
at  the  Custom-house,  the  landing  and  shipping  of  cargoes,  and  the 
hiring  of  boats,  coolies,  servants  &c  the  Cont^racting  parties  have 
agreed  that  the  Governor  at  each  open  port  shall  at  once  enter  into 
negotiations  with  the  foreign  Consuls  with  a view  to  the  establish- 
ment, by  mutual  consent,  of  such  regulations  as  shall  effectually  put 
an  end  to  those  abuses  and  inconveniences  and  afford  all  possible 
facility  and  security  both  to  the  operations  of  trade  and  to  the  trans- 
actions of  individuals. 

It  is  hereby  stipulated  that,  in  order  to  protect  merchandize  from 
exposure  to  weather,  these  regulations  shall  include  the  covering  in 
at  each  port  of  one  or  more  of  the  landing  places  used  by  foreigners 
for  landing  or  shipping  cargo. 

Article  VIII 

Any  Japanese  subject  shall  be  free  to  purchase,  either  in  the  open 
ports  of  Japan  or  abroad,  every  description  of  sailing  or  steam  vessel 
intended  to  carry  either  passengers  or  cargo ; but  ships  of  war  may 
only  be  obtained  under  the  authorization  of  the  Japanese  government. 

All  foreign  vessels  purchased  by  Japanese  subjects  shall  be  regis- 
tered as  Japanese  vessels,  on  payment  of  a fixed  duty  of  three  Boos 
per  ton  for  steamers,  and  one  Boo  per  ton  for  sailing  vessels.  The 
tonnage  of  each  vessel  shall  be  proved  by  the  Foreign  Register  of 
the  ship,  which  shall  be  exhibited  through  the  Consul  of  the  party 
interested,  on  the  demand  of  the  Japanese  Authorities,  and  shall  be 
certified  by  the  Consul  as  authentic. 

Article  IX 

In  conformity  with  the  Treaties  concluded  between  Japan  and  the 
aforesaid  Powers  and  with  the  special  arrangements  made  by  the 
Envoys  of  the  Japanese  Government,  in  their  note  to  the  British 
Government  of  the  of  June  1862,  and  in  their  note  to  the  French 
Government,  of  the  sixth  of  October  of  the  same  year,  all  the  restric- 
tions on  trade  and  intercourse  between  foreigners  and  Japanese 
alluded  to  in  the  said  notes,  have  been  entirely  removed,  and  procla- 
mations to  this  effect  have  already  been  published  by  the  Govern- 
ment of  Japan.  The  latter,  however,  do  not  hesitate  to  declare  that 
Japanese  merchants  and  traders  of  all  classes  are  at  liberty  to  trade 
directly,  and  without  the  interference  of  Government  officers,  with 
foreign  merchants  not  only  at  the  open  Ports  of  Japan,  but  also 
in  all  Foreign  countries,  on  being  authorized  to  leave  their  country 
in  the  manner  provided  for  in  Article  X of  the  present  convention, 


1016 


TREATIES,  CONVENTIONS,  ETC. 


without  being  subject  to  higher  taxation  by  the  Japanese  Govern- 
ment than  that  levied  on  the  native  trading  classes  of  Japan  in  their 
ordinary  transactions  with  each  other. 

And  they  further  declare  that  all  Daimios,  or  persons  in  the  em- 
ploy of  Daimios  are  free  to  visit,  on  the  same  condition,  any  foreign 
country  as  well  as  all  the  open  Ports  of  Japan,  and  to  trade  there 
with  foreigners  as  they  please  wdhout  the  interference  of  any 
Japanese  officer,  provided  always  they  submit  to  the  existing  Police 
regulations  and  to  the  payment  of  the  established  duties. 

Article  X 

All  Japanese  subjects  may  ship  goods  to  or  from  any  open  Port  in 
Japan,  or  to  and  from  the  Ports  of  any  Foreign  Power,  either  in 
vessels  owned  by  Japanese,  or  in  the  vessels  of  any  nation  having  a 
Treaty  with  Japan.  Furthermore,  on  being  provided  with  passports 
through  the  proper  Department  of  the  Government,  in  the  manner 
specified  in  the  Proclamation  of  the  Japanese  Government,  dated  the 
twenty  third  day  of  May  1866,  all  Japanese  subjects  may  travel  to 
any  foreign  country  for  purposes  of  study  or  trade.  They  may  also 
accept  employment  in  any  capacity  on  board  the  vessels  of  any 
nation  having  a Treaty  with  Japan.  Japanese  in  the  employ  of 
Foreigners  may  obtain  Government  passports  to  go  abroad  on  appli- 
cation to  the  Government  of  any  open  port. 

Article  XI 

The  Government  of  Japan  will  provide  all  the  Ports  open  to 
Foreign  trade  with  such  lights,  buoys  and  beacons  as  may  be  necessary 
to  render  secure  the  navigation  of  the  approaches  to  the  said  Ports. 

Article  XII 

The  undersigned  being  of  opinion  that  it  is  unnecessary  that  this 
Convention  should  be  submitted  to  their  respective  Governments  for 
ratification  before  it  comes  into  operation,  it  will  take  effect  on  and 
from  the  first  day  of  July,  one  thousand  eight  hundred  and  sixty  six. 

Each  of  the  Contracting  Parties  having  obtained  the  approval  of 
his  Government  to  this  Convention  shall  make  known  the  same  to 
the  others,  and  the  communication  in  writing  of  this  approval  shall 
take  the  place  of  a formal  exchange  of  Ratifications. 

In  witness  whereof  the  above  named  Plenipotentiaries  have  signed 
the  present  Convention  and  have  affixed  thereto  their  seals. 

Done  at  Yedo  in  the  English,  French,  Dutch  and  Japanese  lan- 
guages this  twenty  fifth  day.  of  June,  one  thousand  eight  hundred 
and  sixty  six. 

[seal.]  a.  L.  C.  Portman, 

Charge  d’’ Affaires  a.  i.  of  the  United  States  in  Japan. 

[seal.]  Harry  S.  Parkes, 

H.  B.  ISPs  Envoy  ExtroMr dinary 

Minister  Plenipotentiary  in  Japan. 

[seal.]  Leon  Roches, 

Ministre  Plenip^^  de  S.  M.  VEmpereur  des  Frangais  au  Japan. 

[seal.]  D.  De  Graeff  Van  Polsbroek, 

H N il/’s  Political  Agent  & Consul  General  v Japan. 

Midzuno  Idzumi  No  Kami. 


[seal.] 


JAPAN — ^1866, 


1017 


Import  tariff.'^ 

Class  1. — SPECIFIC  DUTIES. 


Duty. 

No. 

Article. 

Per. 

Boos. 

Cents. 

1 

100  catt 

0 

15 

2 

0 

45 

3 

Gross 

0 

22 

4 

100  catt 

2 

25 

5 

10  yards 

0 

25 

6 

Catty 

0 

25 

7 

100  catt 

1 

00 

8 

(( 

21 

00 

9 

a 

1 

25 

10 

it 

1 

25 

COTTON  MANUFACTUBES. 

11 

Shirtings,  Grey,  White  and  Twilled;  White  Spotted  or  Figured, 
Drills  and  Jeans;  White  Brocades;  T-Cloths;  Cambrics;  Muslins; 
Lawns;  Dimities;  Quiitings;  Cottonets;  alt  the  above  goods  Dyed; 
Printed  Cottons,  Chintzes,  and  Furnitures; 

10  yards 

0 

07§ 

08i 

10 

B.  “ “ 40  “ “ 

0 

C.  “ “ 46  “ “ 

it 

0 

n 

0 

Hi 

17i 

25 

12 

it 

0 

n 

0 

13 

Fustians,  as  Cotton  Velvets,  Velveteens,  Satins,  Satinets,  and  Cotton 

it 

0 

20 

14 

n 

0 

06 

it 

0 

09 

15 

0 

05 

16 

Singlets  and  Drawers 

0 

30 

17 

Table-Cloths 

0 

06 

18 

7 

50 

19 

Cotton  Yam,  plain  or  dyed 

5 

00 

20 

Cutch 

0 

75 

21 

Feathers  (Kingfisher,  Peacock,  &c) 

100  catt 

1 

50 

22 

Flints 

0 

12 

23 

Gambier 

ti 

0 

45 

24 

Gamboge 

Bx  of  100  sq.ft. 
100  catt 

3 

75 

25 

Glass,  Window 

0 

35 

26 

Glue. 

0 

60 

27 

Gum  Benjamin  and  Oil  of  Do 

if 

2 

40 

28 

**  Dragons  Blood,  Myrrh,  Olibanum 

a 

1 

80 

29 

Gypsum.” ...! ’ 

it 

0 

08 

30 

Hides, — Buffalo  and  Cow 

a 

1 

20 

31 

Homs, — Buffalo  and  Deer 

if 

1 

05 

32 

“ Tlhinoceros 

a 

3 

50 

33 

Hoofs 

it 

0 

30 

34 

Indigo,  liquid 

it 

0 

75 

35 

drV 

it 

3 

75 

36 

Ivory, — Elephants’  Teeth,  all  qualities 

it 

15 

00 

37 

Paints, — as  "Red,  White^  and  Yellow  lead,  (Minium,  Ceruse,  and 
Massicot,)  and  paint-oils 

1 

50 

38 

Leather...! ? 

2 

00 

39 

Linen  of  all  qualities 

0 

20 

40 

Mangrove  bark 

0 

15 

41 

Matting,  floor 

Roll  of  40  yds.. 

0 

75 

METALS. 

42 

Copper  and  Brass  in  Slabs,  Sheets,  Rods,  Nails 

3 

50 

43 

Yelfow  metal, — Muntz  Metal,  Sheathing  and  Nails 

2 

50 

44 

Iron,  manufactured,  as  in  Rods,  Bars,  Nails,  &c...; 

if 

0 

30 

45 

Ironj  manufactured^  as  in  Pigs. 1 

it 

0 

15 

46 

“ **  as  in  Kentledge 

a 

0 

06 

47 

**  **  as  in  Wire. .,1 

it 

0 

80 

48 

Lead,  pigs 

it 

0 

80 

49 

“ sheet 

if 

1 

00 

SO 

Spelter  and  Zinc 

if 

0 

60 

51 

it 

0 

60 

52 

Tin 

it 

3 

00 

53 

Tin  plates 

0 

70 

54 

Oil  Cloth  for  flooring 

catt. 

10  yards 

0 

30 

55 

“ or  Leather  Cloth  for  Furniture 

0 

15 

56 

Pepper,  Black  and  White 

100  catt 

1 

00 

57 

Pu’tchuk 

it 

2 

25 

.58 

Quicksilver 

tt 

6 

00 

« By  the  protocol  November  22,  1894  (p.  359),  it  was  agreed  that  the  general  statutory  tariff  of  Japan 
should  be  made  applicable  to  importations  of  goods  and  merchandise  of  the  United  States,  one  month 
after  the  ratifications  of  the  treaty  of  the  same  date  were  exchanged,  March  21, 1895. 


1018 


TREATIES,  CONVENTIONS,  ETC. 


Import  tariff — Continued. 

Class  1. — SPECIFIC  DUTIES — Continued. 


No. 


76 


83 


Article. 

Duty. 

Per. 

Boos. 

METALS— continued. 

Quinine 

1 

Rattans 

0 

Rhubarb 

H 

1 

Salt  fish 

tt 

0 

Sandal  Wood 

(( 

1 

Sapan  Wood 

(( 

0 

Sea  horse  Teeth 

(1 

7 

Narwhal  or  “Unicorn”  Teeth 

1 

Sharks’  Skins 

7 

Snuff 

0 

Soap,  Bar 

0 

Stick  Lao 

1 

Sugar — Brown  and  Black 

(t 

0 

“ White. 

tt 

0 

“ Candy  and  Loaf 

u 

1 

Tobacco 1 

It 

1 

Vermillion 

it 

9 

WOOLEN  MANUFACTURES. 

Broad,  Habit,  Medium,  and  narrow  cloth: 

A.  not  exceeaing  34  in 

0 

B.  “ “ ” 55  inches 

1 

C.  exceeding  55  “ 

tt 

1 

Spanish  Stripes 

tt 

0 

Cassimeres,  Flannel,  Long-Ells  and  Serges 

tt 

0 

Bunting T. 

tt 

0 

Camlets,  Dutch 

tt 

0 

English 

it 

0 

Lastings,  Cr'ape-Lastings,  and  Worsted  Crapes,  Merinos,  and  all 

other  Woolen  Goods  not  classed  under  No.  76: 

A.  not  exceeding  34  inches 

tt 

0 

B.  exceeding  34”  “ 

tt 

0 

Woolen  andUotton  Mixtures,  as  Imitation  Camlets;  Imitation  Last- 

Ings;  Orleans,  (plain  and  figured,)  Lustres,  (plain  and  figured,) 

Alpacas;  Baratheas,  Damasks;  Italian  Cloth;  Taflachelass;  Rus- 

sell  Cords;  Cassandras;  Woolen  Fancies;  Camlet  Cords,  and  all 

other  Cotton  and  Woolen  Mixtures: 

A.  not  exceeding  34  inches 

t1 

0 

B.  exceeding  34  “ 

tt 

0 

Blankets  and  Horse  Cloths 

0 

Traveling  Rugs;  Plaids  and  Shawls 

Each 

0 

Figured  Woolen  Table  Cloths 

“ 

0 

Woolen  Singlets  and  Drawers 

Dozen 

1 

Woolen  & Cotton  Singlets  & Drawers 

“ 

0 

Woolen  Yam,  plain  and  dyed 

100  catties 

10 

Class  II. — Duty  free  goods. 


All  animals  used  for  food  or  draught 

Anchors  and  chain  cables 

Coal 

Clothing  (foreign)  not  being  of  articles  named  in  this  tariff 
Gold  and  Silver,  coined  and  uncoined. 

Grain,  including  Rice,  Paddy,  Wheat,  Barley,  Oats;  Rye,  Peas,  Beans, 
Millet,  Indian-corn. 

Flour  and  meal  prepared  from  the  above 
Oil  Cake. 

Packing  matting 
Printed  Books 
Salt 

Salted  Meats  in  Casks 

Saltpetre 

Solder 

Tar  and  Pitch 

Tea  Firing  pans  and  baskets 

Tea  Lead 

Traveling  Baggage 


Q ® Q cn  Cp  kU  CO  Jfc  CO  rf* 4». -4  to  O 05  Q 00  O — J O?  CO  Cp  O O?  tC  *0  Q 

OOOCPOOCnO  CnO  CpCpCPCJsCpCpOO  OOOCPOO«OOOOOOCnCPOCPO 


JAPAN — 1866. 


1019 


Class  III. — Prohibited  Goods. 

Opium, 

Class  IV. — Goods  subject  to  an  ad  valorem  duty  of  five  per  cent  on  original 

VALUE. 


Arms  and  munitions  of  war. 

Articles  de  Paris 
Boots  and  Shoes. 

Clocks,  Watches  and  Musical  Boxes 
Coral.  Cutlery. 

Drugs  and  Medicines  such  as  Ginseng,  &c. 

Dyes. 

Porcelain  and  Earthenware. 

Furniture  of  all  kinds  new  and  second  hand. 

Glass  and  Crystal  Ware. 

Gold  and  Silver  lace  and  thread. 

Gums  and  Spices  not  named  in  Tariff. 

Lamps,  Looking  Glasses. 

Jewellery 

Machinery  and  Manufactures  in  Iron  or  Steel. 

Manufactures  of  all  kinds  in  Silk,  Silk  and  Cotton,  or  Silk  and  Wool,  as  Vel- 
vets, Damasks,  Brocades,  &c  ' 

Paintings  and  Engravings 
Perfumery,  Scented  Soap. 

Plated  ware 
Skins  and  Furs. 

Telescopes  and  Scientific  instruments 
Timber 

Wines,  Malt  and  Spirituous  Liquors. 

Table  stores  of  all  kinds. 

And  all  other  unenumerated  Goods. 

Note. — According  to  the  VIII**'  Article  of  the  Convention  of  Yedo,  a duty 
will  be  charged  on  the  sale  of  Foreign  Vessels  to  Japanese  of  three  Boos  per  ton 
for  Steamers,  and  one  Boo  per  ton  for  Sailing  Vessels. 

Export  tariff. 

Class  I.— SPECIFIC  DUTIES. 


No. 


1 

2 

3 

4 

5 

6 

7 

8 
9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 
21 
22 

23 

24 

25 

26 
27 


Duty. 

Article. 

Per— 

Boos, 

100  catt 

3 

0 

i( 

1 

(( 

0 

(( 

0 

“ buds 

(( 

2 

it 

0 

(( 

2 

Coir 

(( 

0 

u 

0 

do  cuttle 

it 

1 

Gall  nuts 

ti 

0 

ii 

0 

Hemp 

a 

2 

it 

1 

ti 

0 

({ 

3 

n 

0 

a 

2 

ii 

0 

it 

5 

Oil,  Fish...' 

ft 

0 

do  Seed  

it 

1 

tt 

3 

ii 

1 

Peas,  Beans,  and  Pulse  of  all  kinds 

ti 

0 

Peony  Bark  (Botanpi) 

“ 

3 

Cents. 


00 

08 

80 

75 

30 

25 

04 
25 
45 
75 

05 
90 
45 
00 
05 
90 
00 
60 
25 
90 
00 
30 
05 
00 
00 
30 
75 


1020 


TREATIES,  CONVENTIONS,  ETC, 


Export  tariff — Continued. 

Class  I.— SPECIFIC  DUTIES — Continued. 


No. 


Article. 


Duty. 


Per— 

Boos. 

Cents. 

28 

Potatoes 

lOO  catt 

0 

15 

29 

Raes 

<( 

0 

12 

30 

Sake  or  Japanese  Wines  or  Spirits 

n 

0 

90 

31 

Seaweed,  Uncut .* ..  

ti 

0 

30 

32 

“ Cut 

n 

0 

60 

33 

Seeds,  Rape 

(( 

0 

45 

34 

Do.  Sesamum 

(< 

0 

90 

35 

Shark’s  fins 

(( 

1 

80 

36 

Shrimps  and  Prawns,  Dried  Salt 

ti 

1 

80 

37 

SILK. 

Raw  and  thrown 

75 

00 

38 

(( 

20 

00 

39 

Noshi  or  Skin 

ti 

7 

so 

40 

it 

20 

00 

41 

Cocoons,  Pierced 

a 

7 

00 

42 

ti 

12 

00 

43 

Waste  silk  and  Waste  Cocoons 

a 

2 

25 

44 

Sheet. 

0 

07i 

45 

Soy rr. 

100  catt 

0 

45 

46 

0 

30 

47 

ii 

3 

50 

48 

quality  known  as  *‘Bancha”  (when  exported  from  Nagasaki 

tt 

0 

75 

49 

50 

ft 

0 

75 

t( 

1 

50 

51 

ft 

0 

45 

52 

ti 

1 

50 

53 

“ ’ bees’ 

2 

50 

Class  II. — Duty-free  goods. 

Gold  and  Silver,  coined. 

Gold,  Silver,  and  Copper,  uncoined,  of  Japanese  production,  to  be  sold  only  by 
the  Japanese  Government  at  public  auction. 

Class  III. — Prohibited  goods. 

Rice;  Paddy;  Whpat  and  Barley. 

Flour  made  from  the  above 
Saltpetre. 

Class  IY.— Goods  subject  to  an  ad  valorem  duty  of  five  per  cent  to  be 

CALCULATED  ON  THEIR  MARKET  VALUE. 


Bamboo  Ware. 

Copper  Utensils  of  all  kinds. 

Charcoal. 

Ginsing  and  unenumerated  Drugs. 

Horns,  deer,  young  or  soft. 

Mats  and  Matting. 

Silk  dresses,  manufactures  or  embroideries. 

Timber. 

And  all  other  unenumerated  goods. 

RULES. 

Rule  I. 

Unenumerated  Imports,  if  mentioned  in  the  Export  list  shall  not  pay  duty 
under  that  list,  but  shall  be  passed  ad  valorem,  and  the  same  shall  apply  to 
any  unenumerated  Exports  that  may  be  named  in  the  Import  list. 


JAPAN — 1866-1878. 


1021 


Rule  II. 

Foreigners  resident  in  Japan  and  the  crews  or  passengers  of  foreign  ships 
shall  be  allowed  to  purchase  such  supplies  of  the  grain  or  flour  named  in  the 
list  of  exports  as  they  may  require  for  their  own  consumption;  but  the  usual 
shipping  permit  must  be  obtained  from  the  Custom  House  before  any  of  the 
aforesaid  grain  or  flour  can  be  shipped  to  a foreign  vessel. 

Rule  III 

The  Catty  mentioned  in  this  Tariff  is  equal  to  one  pound  and  a third  English 
avoirdupois  weight.  The  Yard  is  the  English  measure  of  three  feet, — the  Eng- 
lish foot  being  one-eighth  of  an  inch  larger  than  the  Japanese  Kan  Ishaku. 
The  Boo  is  a silver  coin  weighing  not  less  than  134  grains  Troy  weight  and 
containing  not  less  than  nine  parts  of  pure  silver  and  not  more  than  one  part 
of  alloy.  The  Cent  is  the  one  hundredth  part  of  the  Boo. 

[SEAL.]  A.  L.  C.  PORTMAN, 

Charge  d' Affaires  a.  i.  of  the  United  States  m Japan. 

[SEAL.]  Harry  S.  Parkes, 

E.  B.  M.'s  Envoy  Extraordinary  d Minister 

Plenipotentiary  in  Japan. 

[seal.]  Leon  Roches, 

Ministre  pl4nipotentiaire  de  8.  M.  L'Empereur  des 

Francais  ait  Japon. 

[seal.]  D.  De  Graeff  Van  Polsbroek, 

H.  F.  M's  Political  Agent  d Consul  General  in  Japan. 

[seal.]  Midzuno  Idzumi  No  Kami. 


1878.“ 


Commercial  Convention. 

Concluded  July  25, 1878;  ratification  advised  hy  the  Senate  DecerrCber 
18,  1878;  ratified  hy  the  President  January  20,  1879;  ratifications 
exchanged  Ayril  8,  1879;  proclaimed  Apr'd  8,  1879. 


Articles. 


I.  Previous  treaties  annulled. 

II.  Discrimination  of  duties. 

III.  Export  duties  abolished. 

IV.  Consular  courts. 

V.  Coasting  trade. 


VI.  Cargo;  port  charges. 

VII.  Open  ports. 

VIII.  Coinage. 

IX.  Annulment  of  former  treaties. 

X.  Effect,  ratification. 


The  President  of  the  United  States  of  America,  and  His  Majesty 
the  Emperor  of  Japan,  both  animated  with  the  desire  of  maintain- 
ing the  good  relations  which  have  so  happily  subsisted  between  their 
respective  countries,  and  wishing  to  strengthen,  if  possible,  the  bond 
of  friendship  and  to  extend  and  consolidate  commercial  intercourse 
between  the  two  countries  by  means  of  an  additional  convention, 
have  for  that  purpose  named  as  their  respective  plenipotentiaries; 
that  is  to  say ; the  President  of  the  United  States,  William  Maxwell 
Evarts,  Secretary  of  State  of  the  United  States,  and  His  Majesty 
the  Emperor  of  Japan,  Jushie  Yoshida  Kiyonari,  of  the  Order  of  the 
Rising  Sun,  and  of  the  Third  Class,  and  His  Majesty’s  Envoy  Ex- 
traordinary and  Minister  Plenipotentiary  to  the  United  States  of 


“This  treaty  was  superseded  July  17,  1899,  by  the  treaty  of  November  22, 
1894, 


1022 


TREATIES,  CONVENTIONS,  ETC. 


America,  who,  after  reciprocal  communication  of  their  full  powers, 
found  in  good  and  due  form,  have  agreed  upon  the  following  articles: 

Article  I, 

It  is  agreed  by  the  high  contracting  parties  that  the  Tariff  Con- 
vention, signed  at  Yedo  on  the  25th  day  of  June,  1866,  or  the  13th 
of  the  5th  month  of  the  second  year  of  Keio,  by  the  respective  repre- 
sentatives of  the  United  States,  Great  Britain,  France  and  Holland 
on  the  one  hand,  and  Japan  on  the  other,  togetlier  with  the  schedules 
of  tariff  on  imports  and  exports  and  the  bonded  warehouse  regula- 
tions, both  of  which  are  attached  to  the  said  convention,  shall  hereby 
be  annulled  and  become  inoperative  as  between  the  United  States  and 
J apan  under  the  condition  expressed  in  Article  X.  of  this  present 
convention ; and  all  such  provisions  of  the  treaty  of  1858,  or  the  fifth 
year  of  Ansei,  signed  at  Yedo,  as  appertain  to  the  regulations  of 
harbors,  customs  and  taxes,  as  well  as  the  whole  of  the  trade-regula- 
tions, which  are  attached  to  the  said  treaty  of  1858,  or  the  fifth  year 
of  Ansei,  shall  also  cease  to  operate. 

It  is  further  understood  and  agreed  that  from  the  time  when  this 
present  convention  shall  take  effect,  the  United  States  will  recognize 
the  exclusive  power  and  right  of  the  Japanese  government  to  adjust 
the  customs  tariff  and  taxes  and  to  establish  regulations  appertaining 
to  foreign  commerce  in  the  open  ports  of  Japan. 

Article  II. 

It  is,  however,  further  agreed  that  no  other  or  higher  duties  shall 
be  imposed  on  the  importation  into  Japan  of  all  articles  of  merchan- 
dise from  the  United  States,  than  are  or  may  be  imposed  upon  the 
like  articles  of  any  other  foreign  country;  and  if  the  Japanese  gov- 
ernment should  prohibit  the  exportation  from,  or  importation  into, 
its  dominions  of  any  particular  article  or  articles,  such  prohibition 
shall  not  be  discriminatory  against  the  products,  vessels  or  citizens 
of  the  United  States. 


Article  III. 

It  is  further  agreed,  that,  as  the  United  States  charge  no  export 
duties  on  merchandise  shipped  to  Japan,  no  export  duties  on  mer- 
chandise shipped  in  the  latter  country  for  the  United  States  shall  be 
charged  after  this  treaty  shall  go  into  effect. 

Article  IV. 

It  is  further  stipulated  and  agreed,  that,  so  long  as  the  first  three 
sentences  which  are  comprised  in  the  first  paragraph  of  article  VI. 
of  the  treaty  of  1858,  or  the  fifth  year  of  Ansei,  shall  be  in  force,  all 
claims  by  the  Japanese  government  for  forfeitures  or  penalties 
for  violations  of  such  existing  treaty,  as  well  as  for  violations  of 
the  customs,  bonded-warehouse  and  harbor  regulations,  which  may, 
under  this  convention,  from  time  to  time,  be  established  by  that 
government,  shall  be  sued  for  in  the  consular  courts  of  the  United 
States,  whose  duty  it  shall  be  to  tty  each  and  every  case  fairly  and 


JAPAN — 1878. 


1023 


render  judgment  in  accordance  with  the  provisions  of  such  treaty 
and  of  such  regulations;  and  the  amount  of  all  forfeitures  and  fines 
shall  be  delivered  to  the  Japanese  authorities. 

Abticle  V. 

It  is  understood  and  declared  by  the  high  contracting  parties,  that 
the  right  of  controlling  the  coasting  trade  of  Japan  Mongs  solely, 
and  shall  be  strictly  reserved,  to  the  government  of  that  Empire. 

Article  VI. 

It  is,  however,  agreed,  that  vessels  of  the  United  States  arriving  at 
any  port  of  Japan  open  to  foreign  commerce,  may  unload,  in  con- 
formity with  the  customs  laws  of  that  country,  such  portions  of  their 
cargoes  as  may  be  desired,  and  that  they  may  depart  with  the  re- 
mainder, without  paying  any  duties,  imposts  or  charges  whatsoever, 
except  for  that  part  which  shall  have  been  landed,  and  which  shall 
be  so  noted  on  the  manifest.  The  said  vessels  may  continue  their  voyage 
to  one  or  more  other  open  ports  of  Japan,  there  to  land  the  part  or 
residue  of  their  cargoes,  desired  to  be  landed  at  such  port  or  ports. 
It  is  understood,  however,  that  all  duties,  imposts,  or  charges  what- 
soever, which  are  or  may  become  chargeable  upon  the  vessels  them- 
selves, are  to  be  paid  only  at  the  first  port  where  they  shall  break 
bulk  or  unload  part  of  their  cargo;  and  that  at  any  subsequent  port 
used  in  the  same  voyage  only  the  local  port  charges  shall  be  exacted 
for  the  use  of  such  port. 


Article  VII. 

In  view  of  the  concessions  made  by  the  United  States  in  regard  to 
the  customs  tariff,  and  the  customs  and  other  regulations  of  Japan, 
as  above  stipulated  in  Article  I.,  the  government  of  Japan  will,  on 
the  principle  of  reciprocity,  make  the  following  concessions,  to  wit: 
That  two  additional  ports  (whereof  one  shall  be  Shimo-no-seki,  and 
the  other  shall  be  hereafter  decided  upon  by  the  contracting  parties 
jointly),  from  the  date  when  the  present  convention  may  go  into 
effect,  shall  be  open  to  citizens  and  vessels  of  the  United  States,  for 
the  purposes  of  residence  and  trade. 

Article  VIII. 

It  is  also  agreed  that,  as  the  occasion  for  Article  V.  of  the  treaty 
of  1858,  or  the  fifth  year  of  Ansei,  between  the  two  countries  is  con- 
sidered to  have  passed  away,  that  article  shall,  after  the  present 
treaty  shall  have  gone  into  effect,  be  regarded  as  no’  longer  binding. 

Article  IX. 

It  is  further  agreed,  that  such  of  the  provisions  of  the  treaties  or 
conventions  heretofore  concluded  between  the  two  countries  and  not 
herein  expressly  abrogated,  as  conflict  with  any  provisions  of  the 
present  convention  are  hereby  revoked  and  annulled;  that  the  pres- 
ent convention  shall  be  considered  to  be  and  form  a part  of  the  exist- 


1024 


TREATIES,  CONVENTIONS,  ETC. 


ing  treaties  between  the  two  countries;  that  the  revision  of  such 
portions  of  the  said  treaties  as  are  not  modified  or  revoked  by  the 
present  convention,  as  also  the  revision  of  the  present  con- 
vention itself,  may  be  demanded  hereafter  by  either  of  the 
high  contracting  parties ; and  that  this  convention,  as  well  as  the 
previous  treaties  as  modified  thereby,  shall  continue  in  force  until, 
upon  such  a revision  of  the  whole,  or  any  part  thereof,  it  shall  be 
otherwise  provided. 

Article  X. 

The  present  convention  shall  take  effect  when  Japan  shall  have 
concluded  such  conventions  or  revisions  of  existing  treaties  with  all 
the  other  treaty  powers  holding  relations  with  Japan  as  shall  be 
similar  in  effect  to  the  present  convention,  and  such  new  conventions 
or  revisions  shall  also  go  into  effect. 

The  present  convention  shall  be  ratified  and  the  ratifications  shall 
be  exchanged  at  Washington  as  soon  as  may  be  within  fifteen  months 
from  the  date  hereof. 

In  faith  whereof  the  above  named  Plenipotentiaries  have  hereunto 
set  their  hands  and  seals,  at  the  city  of  Washington,  this  twenty-fifth 
day  of  July,  one  thousand  eight  hundred  and  seventy-eight,  or 
twenty-fifth  day  of  the  seventh  month  of  the  eleventh  year  of  Meiji. 

[seal.]  William  Maxwell  Evarts. 

[seal.]  Yoshida  Kiyonari. 


1880. 

Convention  for  Reimbursing  Shipwreck  Expenses." 

Concluded  May  17^  1880;  ratification  advised  hy  the  Senate  March  23^ 
1881;  ratified  hy  the  President  April  7,  1881;  ratifications  ex- 
change June  16, 1881 ; proclaimed  October  3,  1881. 

The  United  States  of  America  and  the  Empire  of  Japan  being  de- 
sirous of  concluding  an  agreement  providing  for  the  reimbursement 
of  certain  specified  expenses  which  may  be  incurred  by  either  coun- 
try in  consequence  of  the  shipwreck  on  its  coasts  of  the  vessels  of  the 
other,  have  resolved  to  conclude  a special  convention  for  this  pur- 
pose, and  have  named  as  their  Plenipotentiaries : 

The  President  of  the  the  United  States  of  America,  John  A.  Bing- 
ham, their  Envoy  Extraordinary  and  Minister  Plenipotentiary  to 
His  Imperial  Majesty,  and  His  Majesty  the  Emperor  of  Japan, 
Inouye  Kaoru  Sho-shii,  Minister  for  Foreign  Affairs  and  decorated 
with  the  Class  of  the  order  of  the  Rising  Sun,  who  after  reciprocal 
communication  of  their  full  powers  found  in  good  and  due  form, 
have  agreed  as  follows : 

All  expenses  incurred  by  the  Government  of  the  United  States  for 
the  rescue,  clothing,  maintenance  and  travelling  of  needy  ship- 
wrecked Japanese  subjects,  for  the  recovery  of  the  bodies  of  the 
drowned,  for  the  medical  treatment  of  the  sick  and  injured,  unable 
to  pay  for  such  treatment,  and  for  the  burial  of  the  dead,  shall  be 
repaid  to  the  Government  of  the  United  States  by  that  of  Japan. 


See  Article  XI,  Treaty  November  22,  1894. 


JAPAN — 1880-1886. 


1025 


And  a similar  course  of  procedure  to  the  above  shall  be  observed  by 
' the  Government  of  the  United  States  in  the  case  of  assistance  being 
given  by  that  of  Japan  to  shipwrecked  citizens  of  the  United  States. 

But  neither  the  Government  of  the  United  States,  nor  that  of 
Japan  shall  be  responsible  for  the  repayment  of  the  expenses  in- 
curred in  the  recovery  or  preservation  of  a wrecked  vessel  or  the 
property  on  board.  All  such  expenses  shall  be  a charge  upon  the 
property  saved,  and  shall  be  repaid  by  the  parties  interested  therein 
upon  receiving  delivery  of  the  same. 

No  charge  shall  be  made  by  the  Government  of  the  United  States 
nor  by  that  of  Japan  for  the  expenses  of  the  Government  officers, 
police  or  local  functionaries  who  shall  proceed  to  the  wreck,  for  the 
travelling  expenses  of  officers  escorting  the  shipwrecked  men,  nor  for 
the  expenses  of  official  correspondence.  Such  expenses  shall  be  borne 
by  the  Government  of  the  country,  to  which  such  officers  police  and 
local  functionaries  belong. 

This  convention  shall  be  ratified  by  the  respective  Governments  in 
due  form  of  law,  and  the  ratifications ‘shall  be  exchanged  at  Wash- 
ington as  soon  as  may  be.  It  shall  take  effect  in  the  respective  coun- 
tries thirty  days  after  the  Exchange  of  said  ratifications. 

In  witness  whereof  the  respective  Plenipotentiaries  have  hereunto 
affixed  their  signatures  and  seals. 

Done,  in  duplicate  in  the  English  and  Japanese  languages  at  the 
City  of  Tokio,  Japan,  this  17^**  day  of  May  in  the  year  1880.  (17^'^ 

day  of  the  month  of  the  year  Meiji) . 

John  A.  Bingham  [seal.] 
Inouye  Kaoru  [seal.] 


1886.“ 

Extradition  Treaty. 

Concluded  Afril  29,  1886 ; ratijication  advised  hy  the  Senate  with 
amendments  June  21, 1886;  ratified  hy  the  President  July  13, 1886; 
ratifications  exchanged  September  27,  1886;  proclaimed  November 
3, 1886. 

Articles. 


I.  Delivery  of  accused. 

II.  Extraditable  crimes. 

III.  Persons  under  arrest. 

IV.  Political  offenses. 

V.  Procedure. 


VI.  Temporary  detention. 

VII.  Delivery  of  citizens. 

VIII.  Expenses. 

IX.  Duration;  ratification. 


The  President  of  the  United  States  of  America  and  his  Majesty  the 
Emperor  of  Japan  having  judged  it  expedient,  with  a view  to  the 
better  administration  of  justice,  and  to  the  prevention  of  crime  within 
the  two  countries  and  their  jurisdictions,  that  persons  charged  with  or 
convicted  of  the  crimes  or  offences  hereinafter  named  and  being  fugi- 
tives from  justice,  should,  under  certain  circumstances,  be  reciprocally 
delivered  up,  they  have  named  as  their  Plenipotentiaries  to  conclude 
a Treaty  for  this  purpose,  that  is  to  say : 

The  President  of  the  United  States  of  America,  Eichard  B.  Hub- 
bard, their  Envoy  Extraordinary  and  Minister  Plenipotentiary  near 


“ See  extradition  convention  of  1906,  page  1039. 


24449— VOL  1—10 65 


1026  TREATIES,  CONVENTIONS,  ETC. 

His  Imperial  Majesty,  and  His  Majesty  the  Emperor  of  Japan  Count 
Inouye  Kaoru,  Jinsammi,  His  Imperial  Majesty’s  Minister  of  State 
for  Foreign  Affairs,  First  Class  of  the  Order  of  the  Rising  Sun  &c. 
&c.  &c.  who,  after  having  communicated  to  each  other  their  respective 
full  powers,  found  in  good  and  due  form,  have  agreed  upon  and  con- 
cluded the  following  articles : 

Article  I. 

The  High  Contracting  Parties  engage  to  deliver  up  to  each  other, 
under  the  circumstances  and  conditions  stated  in  the  present  Treaty, 
all  persons,  who  being  accused  or  convicted  of  one  of  the  crimes  or 
offences  named  below  in  Article  II,  and  committed  within  the  juris- 
diction of  the  one  Party,  shall  be  found  within  the  jurisdiction  of  the 
other  Party. 

Article  II. 

1.  Murder,  and  assault  with  intent  to  commit  murder. 

2.  Counterfeiting  or  altering  money,  or  uttering  or  bringing  into 
circulation  counterfeit  or  altered  money ; counterfeiting  certificates  or 
coupons  of  public  indebtedness,  bank  notes,  or  other  instruments  of 
public  credit  of  either  of  the  parties,  and  the  utterance  or  circulation 
of  the  same. 

3.  Forgery  or  altering,  and  uttering  what  is  forged  or  altered. 

4.  Embezzlement  or  criminal  malversation  of  the  public  funds, 
committed  within  the  jurisdiction  of  either  party,  by  public  officers  or 
depositaries. 

5.  Robbery. 

6.  Burglary,  defined  to  be  the  breaking  and  entering  by  night  time 
into  the  house  of  another  person  with  the  intent  to  commit  a felony 
therein;  and  the  act  of  breaking  and  entering  the  house  of  another, 
whether  in  the  day  or  night-time,  with  the  intent  to  commit  a felony 
therein. 

7.  The  act  of  entering,  or  of  breaking  and  entering,  the  offices  of  the 
Government  and  public  authorities,  or  the  offices  of  banks,  banking- 
houses,  savings-banks,  trust  companies,  insurance  or  other  companies, 
with  the  intent  to  commit  a felony  therein. 

8.  Perjury,  or  the  subornation  of  perjury 

9.  Rape. 

10.  Arson. 

11.  Piracy  by  the  law  of  nations. 

12.  Murder,  assault  with  intent  to  kill,  and  manslaughter,  com- 
mitted on  the  high  seas,  on  board  a ship  bearing  the  flag  of  the  de- 
manding country. 

13.  Malicious  destruction  of,  or  attempt  to  destroy,  railways,  trams, 
vessels,  bridges,  dwellings,  public  edifices,  or  other  buildings,  when 
the  act  endangers  human  life. 

Article  III. 

If  the  person  demanded  be  held  for  trial  in  the  country  on  which 
the  demand  is  made,  it  shall  be  optional  with  the  latter  to  grant  ex- 
tradition or  to  proceed  with  the  trial:  Provided  that,  unless  the  trial 
shall  be  for  tlie  crime  for  which  the  fugitive  is  claimed,  the  delay 
shall  not  prevent  ultimate  extradition. 


JAPAN — 1886. 


1027 


ArtioiIe  IV. 

If  it  be  made  to  appear  that  extradition  is  sought  with  a view  to 
try  or  punish  the  person  demanded  for  an  offense  of  a political  char- 
acter^ surrender  shall  not  take  place ; nor  shall  any  person  surrendered 
be  tried  or  punished  for  any  political  offense  committed  previously  to 
his  extradition,  or  for  any  offense  other  than  that  in  respect  of  which 
the  extradition  is  granted. 


Article  V. 

The  requisition  for  extradition  shall  be  made  through  the  diplo- 
matic agents  of  the  contracting  parties,  or,  in  the  event  of  the 
absence  of  these  from  the  country  or  its  seat  of  government,  by  supe- 
rior consular  officers. 

If  the  person  whose  extradition  is  requested  shall  have  been  con- 
victed of  a crime,  a copy  of  the  sentence  of  the  court  in  which  he  was 
convicted,  authenticated  under  its  seal,  and  an  attestation  of  the 
official  character  of  the  judge  by  the  proper  executive  authority,  and 
of  the  latter  by  the  Minister  or  Consul  of  the  United  States  or  of 
Japan,  as  the  case  may  be,  shall  accompany  the  requisition.  When 
the  fugitive  is  merely  charged  with  crime,  a duly  authenticated  copy 
of  the  warrant  of  arrest  in  the  country  making  the  demand  and  of 
the  depositions  on  which  such  warrant  may  have  been  issued,  must 
accompany  the  requisition. 

The  fugitive  shall  be  surrendered  only  on  such  evidence  of  crimi- 
nality as  according  to  the  laws  of  the  place  where  the  fugitive  or 
person  so  charged  shall  be  found,  would  justify  his  apprehension 
and  commitment  for  trial,  if  the  crime  had  been  there  committed. 

Article  VI. 

On  being  informed  by  telegraph  or  other  written  communication 
through  the  diplomatic  channel,  that  a lawful  warrant  has  been 
issued  by  competent  authority  upon  probable  cause  for  the  arrest  of 
a fugitive  criminal  charged  with  any  of  the  crimes  enumerated  in 
Article  II  of  this  Treaty,  and,  on  being  assured  from  the  same  source 
that  a request  for  the  surrender  of  such  criminal  is  about  to  be  made 
in  accordance  with  the  provisions  of  this  Treaty,  each  Government 
will  endeavor  to  procure  so  far  as  it  lawfully  may  the  provisional 
arrest  of  such  criminal,  and  keep  him  in  safe  custody  for  a reason- 
able time,  not  exceeding  two  months,  to  await  the  production  of  the 
documents  upon  which  the  claim  for  extradition  is  founded. 

Article  VII. 

Neither  of  the  contracting  parties  shall  be  bound  to  deliver  up  its 
own  citizens  or  subjects  under  the  stipulations  of  this  convention, 
but  they  shall  have  the  power  to  deliver  them  up  if  in  their  discre- 
tion it  be  deemed  proper  to  do  so. 

Article  VIII. 

The  expenses  of  the  arrest,  detention,  examination  and  transiiorta- 
tion  of  the  accused  shall  be  paid  by  the  Government  which  has 
requested  the  extradition. 


1028 


TREATIES,  CONVENTIONS,  ETC. 

Article  IX. 


The  present  Treaty  shall  come  into  force  sixty  days  after  the  ex- 
change of  the  ratifications  thereof.  It  may  be  terminated  by  either 
of  them,  but  shall  remain  in  force  for  six  months  after  notice  has  been 
given  of  its  termination. 

The  treaty  shall  be  ratified,  and  the  ratifications  shall  be  exchanged 
at  Washington,  as  soon  as  possible. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed 
the  present  Treaty  in  duplicate  and  have  thereunto  affixed  their  seals. 

Done  at  the  city  of  Tokio,  the  Twenty-ninth  day  of  April,  in  the 
eighteen  hundred  and  eighty-sixth  “ year  of  the  cliristian  era,  corre- 
sponding to  the  Twenty-ninth  day  of  the  Fourth  month,  of  the  nine- 
teenth year  of  Meiji. 

[seal.]  Richard  B.  Hubbard. 

[seal.]  Inouye  Kaoru. 


1894. 

Treaty  of  Commerce  and  Navigation.® 

Concluded  November  22, 1891).;  ratification  advised  by  the  Senate  with 
amendments  February  6,  1895;  ratified  by  the  President  February 
15, 1895;  ratifications  exchanged  March  21, 1895;  proclaimed  March 
21, 1895. 

Articles. 


I.  Mutual  freedom  of  trade,  travel, 
etc. ; taxes ; exemptions. 

II.  Commerce  and  navigation. 

III.  Inviolability  of  dwellings,  etc. 

IV.  Import  duties. 

V.  Export  duties. 

VI.  Transit  dues,  etc. 

VII.  Equality  of  shipping. 

VIII.  Tonnage,  etc.,  dues. 

IX.  Port  regulations. 

X.  Coasting  trade. 

XI.  Vessels  in  distress,  shipwrecks, 
etc. 


XII.  Nationality  of  vessels. 

XIII.  Deserters  from  ships. 

XIV.  Favored  nation  privileges. 

XV.  Consular  officers. 

XVI.  Patents,  trade-marks,  and  de- 
signs. 

XVII.  Abolition  of  foreign  settlements 
in  Japan. 

XVIII.  Former  treaties  superseded. 
XIX.  Date  of  taking  effect. 

XX.  Ratification. 

Protocol. 


The  President  of  the  United  States  of  America  and  His  Majesty 
the  Emperor  of  Japan,  being  equally  desirous  of  maintaining  the  re- 
lations of  good  understanding  which  happily  exist  between  them,  by 
extending  and  increasing  the  intercourse  between  their  respective 
States,  and  being  convinced  that  this  object  cannot  better  be  accom- 
plished than  by  revising  the  Treaties  hitherto  existing  between  the 


“ In  the  protocol  of  exchange  of  the  ratifications  of  this  treaty,  signed  by  the 
Plenipotentiaries  at  Tokio,  September  27.  1880,  it  is  declared  that  “ the  eighteen 
hundred  and  eighty-sixth  year  of  the  Christian  era,”  is  intended  to  mean  the 
year  A.  D.  1886.  The  protocol  also  declares  that  notwithstanding  the  treaty 
provided  that  the  exchange  of  the  ratifications  should  take  place  at  Washing- 
ton, the  Two  High  Contracting  Parties,  in  order  to  save  time,  agreed  that  the 
exchange  shonld  take  place  at  Tokio  instead. 

®The  Jai)anese  immigrant  case  (189  U.  S.,  86). 


JAPAN — 1894. 


1029 


two  countries,  have  resolved  to  complete  such  a revision,  based  upon 
principles  of  equity  and  mutual  benefit,  and,  for  that  purpose,  have 
named  as  their  Plenipotentiaries,  that  is  to  say: 

Tlie  President  of  the  United  States  of  America,  IValter  Q. 
Gresham,  Secretary  of  State  of  the  United  States,  and  His  Majesty 
the  Emperor  of  Japan,  Jushii  Shinichiro  Kurino,  of  the  Order  of 
the  Sacred  Treasure,  and  of  the  Fourth  Class;  who,  after  having 
communicated  to  each  other  their  full  powers,  found  to  be  in  good 
and  due  form,  have  agreed  upon  and  concluded  the  following 
Articles ; — 

Article  I. 

The  citizens  or  subjects  of  each  of  the  two  High  Contracting  Par- 
ties shall  have  full  liberty  to  enter,  travel,  or  reside  in  any  part  of  the 
territories  of  the  other  Contracting  Party,  and  shall  enjoy  full  and 
perfect  protection  for  their  persons  and  property. 

They  shall  have  free  access  to  the  Courts  of  Justice  in  pursuit  and 
defence  of  their  rights;  they  shall  be  at  liberty  equally  with  native 
citizens  or  subjects  to  choose  and  employ  lawyers,  advocates  and  rep- 
resentatives to  pursue  and  defend  their  rights  before  such  Courts, 
and  in  all  other  matters  connected  with  the  administration  of  justice 
they  shall  enjoy  all  the  rights  and  privileges  enjoyed  by  native  citi- 
zens or  subjects. 

In  whatever  relates  to  rights  of  residence  and  travel ; to  the  pos- 
session of  goods  and  effects  of  any  kind ; to  the  succession  to  personal 
estate,  by  will  or  otherwise,  and  the  disposal  of  projDerty  of  any  sort 
and  in  any  manner  whatsoever  which  they  may  lawfully  acquire,  the 
citizens  or  subjects  of  each  Contracting  Party  shall  enjoy  in  the  ter- 
ritories of  the  other  the  same  privileges,  liberties,  and  rights,  and 
shall  be  subject  to  no  higher  imposts  or  charges  in  these  respects  than 
native  citizens  or  subjects  or  citizens  or  subjects  of  the  most  favored 
nation.  The  citizens  or  subjects  of  each  of  the  Contracting  Parties 
shall  enjoy  in  the  territories  of  the  other  entire  liberty  of  conscience, 
and,  subject  to  the  laws,  ordinances,  and  regulations,  shall  enjoy  the 
right  of  private  or  public  exercise  of  their  worship,  and  also  the 
right  of  burying  their  respective  countrymen,  according  to  their  re- 
ligious customs,  in  such  suitable  and  convenient  places  as  may  be 
established  and  maintained  for  that  purpose. 

They  shall  not  be  compelled,  under  any  pretext  whatsoever,  to-  pay 
any  charges  or  taxes  other  or  higher  than  those  that  are,  or  may  be 
paid  by  native  citizens  or  subjects,  or  citizens  or  subjects  of  the  most 
favored  nation. 

The  citizens  or  subjects  of  either  of  the  Contracting  Parties  resid- 
ing in  the  territories  of  the  other  shall  be  exempt  from  all  compul- 
sory military  service  whatsoever,  whether  in  the  army,  navy,  national 
guard,  or  militia ; from  all  contributions  imposed  in  lieu  of  personal 
service;  and  from  all  forced  loans  or  military  exactions  or  contribu- 
tions. 


Article  II. 

There  shall  be  reciprocal  freedom  of  commerce  and  navigation 
Ijetween  the  territories  of  the  two  High  Contracting  Parties. 


1030 


TREATIES,  CONVENTIONS,  ETC. 


The  citizens  or  subjects  of  each  of  the  High  Contracting  Parties 
may  trade  in  any  part  of  the  territories  of  the  other  by  wholesale  or 
retail  in  all  kinds  of  produce,  manufactures,  and  merchandize  of 
lawful  commerce,  either  in  person  or  by  agents,  singly  or  in  partner- 
ship with  foreigners  or  native  citizens  or  subjects;  and  thej^  may 
there  own  or  hire  and  occupy  houses,  manufactories,  warehouses, 
shops  and  premises  which  may  be  necessary  for  them,  and  lease  land 
for  residential  and  commercial  purposes,  conforming  themselves  to 
the  laws,  police  and  customs  regulations  of  the  country  like  native 
citizens  or  subjects. 

They  shall  have  liberty  freely  to  come  with  their  ships  and  cargoes 
to  all  places,  ports,  and  rivers  in  the  territories  of  the  other,  which 
are  or  may  be  opened  to  foreign  commerce,  and  shall  enjoy,  respec- 
tively, the  same  treatment  in  matters  of  commerce  and  navigation  as 
native  citizens  or  subjects,  or  citizens  or  subjects  of  the  most  favored 
nation,  without  having  to  pay  taxes,  imposts  or  duties,  of  whatever 
nature  or  under  whatever  denomination  levied  in  the  name  or  for  the 
profit  of  the  Government,  public  functionaries,  private  individuals, 
corporations,  or  establishments  of  any  kind,  other  or  greater  than 
those  paid  by  native  citizens  or  subjects,  or  citizens  or  subjects  of  the 
most  favored  nation. 

It  is,  however,  understood  that  the  stipulations  contained  in  this 
and  the  preceding  Article  do  not  in  an}^  way  affect  the  laws,  ordi- 
nances and  regulations  with  regard  to  trade,  the  immigration  of 
laborers,  police  and  public  security  which  are  in  force  or  which  may 
hereafter  be  enacted  in  either  of  the  two  countries. 

Article  III. 

The  dwellings,  manufactories,  warehouses,  and  shops  of  the  citi- 
zens or  subjects  of  each  of  the  High  Contracting  Parties  in  the  terri- 
tories of  the  other,  and  all  premises  appertaining  thereto  destined 
for  purposes  of  residence  or  commerce,  shall  be  respected. 

It  shall  not  be  allowable  to  proceed  to  make  a search  of,  or  a domi- 
ciliary visit  to,  such  dwellings  and  premises,  or  to  examine  or  inspect 
books,  papers,  or  accounts,  except  under  the  conditions  and  with  the 
forms  prescribed  by  the  laws,  ordinances  and  regulations  for  citizens 
or  subjects  of  the  country. 

Article  IV. 

No  other  or  higher  duties  shall  be  imposed  on  the  importation  into 
the  territories  or  the  United  States  of  any  article,  the  produce  or 
manufacture  of  the  territories  of  His  Majesty  the  Emperor  of  Japan, 
from  whatever  place  arriving ; and  no  other  or  higher  duties  shall  be 
imposed  on  the  importation  into  the  territories  of  His  JMajesty  the 
Emperor  of  Japan  of  any  article,  the  produce  or  manufacture  of  the 
territories  of  the  United  States,  from  whatever  place  arriving,  than 
on  the  like  article  produced  or  manufactured  in  any  other  foreign 
country;  nor  shall  any  prohibition  be  maintained  or  imposed  on  the 
importation  of  any  article,  the  produce  or  manufacture  of  the  terri- 
tories of  either  of  the  High  Contracting  Parties,  into  the  territories 
of  the  other,  from  whatever  place  arriving,  which  shall  not  equally 
extend  to  the  importation  of  the  like  article,  being  the  produce  or 


1031 


mum  r^fssiofvs  UBfim, 

' "'  japan — 1894, ''■  '!' 

manufacture  of  any  other  country.  This  last  provision  is  not  appli- 
cable to  the  sanitary  and  other  prohibitions  occasioned  by  the  neces- 
sity of  protecting  the  safety  of  persons,  or  of  cattle,  or  of  plants  use- 
ful to  agriculture. 

Article  V. 

No  other  or  higher  duties  or  charges  shall  be  imposed  in  the  terri- 
tories of  either  of  the  High  Contracting  Parties  on  the  exportation 
of  any  article  to  the  territories  of  the  other  than  such  as  are,  or  may 
be,  payable  on  the  exportation  of  the  like  article  to  any  other  foreign 
country;  nor  shall  any  prohibition  be  imposed  on  the  exportation  of 
any  article  from  the  territories  of  either  of  the  two  High  Contract- 
ing Parties  to  the  territories  of  the  other  which  shall  not  equally 
extend  to  the  exportation  of  the  like  article  to  any  other  country. 

Article  VI. 

The  citizens  or  subjects  of  each  of  the  High  Contracting  Parties 
shall  enjoy  in  the  territories  of  the  other  exemption  from  all  transit 
duties,  and  a perfect  equality  of  treatment  with  native  citizens  or 
subjects  in  all  that  relates  to  warehousing,  bounties,  facilities,  and 
drawbacks. 

Article  VII. 

All  articles  which  are  or  may  be  legally  imported  into  the  ports  of 
the  territories  of  His  Majesty  the  Emperor  of  Japan  in  Japanese 
vessels  may  likewise  be  imported  into  those  ports  in  vessels  of  the 
United  States,  without  being  liable  to  any  other  or  higher  duties  or 
charges  of  whatever  denomination  than  if  such  articles  were  im- 
ported in  Japanese  vessels;  and,  reciprocally,  all  articles  which  are 
or  may  be  legally  imported  into  the  ports  of  the  territories  of  the 
United  States  in  vessels  of  the  United  States  may  likewise  be  im- 
ported into  those  ports  in  Japanese  vessels,  without  being  liable  to 
any  other  or  higher  duties  or  charges  of  whatever  denomination  than 
if  such  articles  were  imported  in  vessels  of  the  United  States.  Such 
reciprocal  equality  of  treatment  shall  take  effect  without  distinction, 
whether  such  articles  come  directly  from  the  place  of  origin  or  from 
any  other  place. 

In  the  same  manner,  there  shall  be  perfect  equality  of  treatment  in 
regard  to  exportation,  so  that  the  same  export  duties  shall  be  paid, 
and  the  same  bounties  and  drawbacks  allowed,  in  the  territories  of 
either  of  the  High  Contracting  Parties  on  the  exportation  of  any 
article  which  is  or  may  be  legally  exported  therefrom,  whether  such 
exportation  shall  take  place  in  Japanese  vessels  or  in  vessels  of  the 
United  States,  and  whatever  may  be  the  place  of  destination,  whether 
a port  of  either  of  the  High  Contracting  Parties  or  of  any  third 
Power. 

Article  VIII. 

No  duties  of  tonnage,  harbor,  pilotage,  lighthouse,  quarantine,  or 
other  similar  or  corresponding  duties  of  whatever  nature,  or  under 
whatever  denomination  levied  in  the  name  or  for  the  profit  of  Gov- 
ernment, public  functionaries,  private  individuals,  corporations,  or 


1032 


TREATIES,  CONVENTIONS,  ETC. 


establisliinents  of  any  kind,  shall  be  imposed  in  the  ports  of  the  ter- 
ritories of  either  country  upon  the  vessels  of  the  other  country  which 
shall  not  equally  and  under  the  same  conditions  be  imposed  in  the 
like  cases  on  national  vessels  in  general  or  vessels  of  the  most  favored 
nation.  Such  equality  of  treatment  shall  apply  reciprocally  to  the 
respective  vessels,  from  whatever  port  or  place  they  may  arrive,  and 
whatever  may  be  their  place  of  destination. 

Article  IX. 

In  all  that  regards  the  stationing,  loading,  and  unloading  of  vessels 
in  the  ports,  basins,  docks,  roadsteads,  harbors  or  rivers  of  the  terri- 
tories of  the  two  countries,  no  privilege  shall  be  granted  to  national 
vessels  which  shall  not  be  equally  granted  to  vessels  of  the  other  coun- 
try ; the  intention  of  the  High  Contracting  Parties  being  that  in  this 
respect  also  the  respective  vessels  shall  be  treated  on  the  footing  of 
perfect  equality. 

Article  X. 

The  coasting  trade  of  both  the  High  Contracting  Parties  is  ex- 
cepted from  the  provisions  of  the  present  Treaty,  and  shall  be  regu- 
lated according  to  the  laws,  ordinances  and  regulations  of  the  United 
States  and  Japan,  respectively.  It  is,  however,  understood  that  citi- 
zens of  the  United  States  in  the  territories  of  His  Majesty  the  Em- 
peror of  Japan  and  Japanese  subjects  in  the  territories  of  the  United 
States,  shall  enjoy  in  this  respect  the  rights  which  are,  or  may  be, 
granted  under  such  laws,  ordinances  and  regulations  to  the  citizens 
or  subjects  of  any  other  country. 

A vessel  of  the  United  States  laden  in  a foreign  country  with  cargo 
destined  for  tAvo  or  more  ports  in  the  territories  of  His  Majesty  the 
Emperor  of  Japan,  and  a Japanese  vessel  laden  in  a foreign  country 
with  cargo  destined  for  tAvo  or  more  ports  in  the  territories  of  the 
United  States,  may  discharge  a portion  of  her  cargo  at  one  port,  and 
continue  her  voyage  to  the  other  port  or  ports  of  destination  Avhere 
foreign  trade  is  permitted,  for  the  purpose  of  landing  the  remainder 
of  her  original  cargo  there,  subject  always  to  the  laws  and  customs 
regulations  of  the  two  countries. 

The  Japanese  Government,  however,  agrees  to  allow  vessels  of  the 
United  States  to  continue,  as  heretofore,  for  the  period  of  the  dura- 
tion of  the  present  Treaty,  to  carry  cargo  between  the  existing  open 
ports  of  the  Empire,  excepting  to  or  from  the  ports  of  Osaka,  Niigata, 
and  Ebisuminato. 


Article  XI.“ 

Any  ship-of-war  or  merchant  vessel  of  either  of  the  High  Contract- 
ing Parties  which  may  be  compelled  by  stress  of  weather,  or  by  reason 
of  any  other  distress,  to  take  shelter  in  the  port  of  the  other,  shall  be 
at  liberty  to  refit  therein,  to  procure  all  necessary  supplies,  and  to 
put  to  sea  again,  without  pa^ying  any  dues  other  than  such  as  would 
be  payable  by  national  vessels.  In  case,  howcA^er,  the  master  of  a 
merchant  vessel  should  be  under  the  necessity  of  disposing  of  a part 


“ See  CoiiA’ention  of  ISSO. 


JAPAN — 1894. 


1033 


of  his  cargo  in  order  to  defray  the  expenses,  he  shall  be  bound  to 
conform  to  the  regulations  and  tariffs  of  the  place  to  which  he  may 
have  come. 

If  any  ship-of-war  or  merchant-vessel  of  one  of  the  High  Contract- 
ing Parties  should  run  aground  or  be  wrecked  upon  the  coasts  of  the 
other,  the  local  authorities  shall  inform  the  Consul  General,  Consul, 
Vice-Consul,  or  Consular  Agent  of  the  district,  of  the  occurrence,  or 
if  there  be  no  such  consular  officers,  they  shall  inform  the  Consul 
General,  Consul,  Vice-Consul,  or  Consular  Agent  of  the  nearest 
district. 

All  proceedings  relative  to  the  salvage  of  Japanese  vessels,  wrecked 
or  cast  on  shore  in  the  territorial  waters  of  the  United  States,  shall 
take  place  in  accordance  with  the  laws  of  the  United  States,  and, 
reciprocally,  all  measures  of  salvage  relative  to  vessels  of  the  United 
States,  wrecked  or  cast  on  shore  in  the  territorial  waters  of  His  Maj- 
esty the  Emperor  of  JajDan,  shall  take  place  in  accordance  with  the 
laws,  ordinances,  and  regulations  of  Japan. 

Such  stranded  or  wrecked  ship  or  vessel,  and  all  parts  thereof,  and 
all  furnitures  and  appurtenances  belonging  thereunto,  and  all  goods 
and  merchandize  saved  therefrom,  including  those  which  may  have 
been  cast  into  the  sea,  or  the  proceeds  thereof,  if  sold,  as  well  as  all 
papers  found  on  board  such  stranded  or  wrecked  ship  or  vessel,  shall 
be  given  up  to  the  owners  or  their  agents,  when  claimed  by  them.  If 
such  owners  or  agents  are  not  on  the  spot,  the  same  shall  be  delivered 
to  the  respective  Consuls  General,  Consuls,  Vice-Consuls,  or  Consular 
Agents  upon  being  claimed  by  them  within  the  period  fixed  by  the 
laws,  ordinances  and  regulations  of  the  country,  and  such  Consular 
officers,  owners,  or  agents  shall  pay  only  the  expenses  incurred  in  the 
preservation  of  the  property,  together  with  the  salvage  or  other 
expenses  which  would  have  been  jjayable  in  the  case  of  the  wreck  of 
a national  vessel. 

The  goods  and  merchandize  saved  from  the  wreck  shall  be  exempt 
from  all  the  duties  of  the  Customs  unless  cleared  for  consumption,  in 
which  case  they  shall  pay  the  ordinary  duties. 

When  a vessel  belonging  to  the  citizens  or  subjects  of  one  of  the 
High  Contracting  Parties  is  stranded  or  wrecked  in  the  territories  of 
the  other,  the  respective  Consuls  General,  Consuls,  Vice-Consuls,  and 
Consular  Agents  shall  be  authorized,  in  case  the  owner  or  master,  or 
other  agent  of  the  owner,  is  not  present,  to  lend  their  official  assist- 
ance in  order  to  afford  the  necessary  assistance  to  the  citizens  or  sub- 
jects of  the  respective  States.  The  same  rule  shall  apply  in  case  the 
owner,  master,  or  other  agent  is  present,  but  requires  such  assistance 
to  be  given. 

Article  XII. 

All  vessels  which,  according  to  United  States  law,  are  to  be  deemed 
vessels  of  the  United  States,  and  all  vessels  which,  according  to  Jap- 
anese law,  are  to  be  deemed  Japanese  vessels,  shall,  for  the  purposes 
of  this  Treaty,  be  deemed  vessels  of  the  United  States  and  Japanese 
vessels,  respectively. 

Article  XIII, 

The  Consuls  General,  Consuls,  Vice-Consuls,  and  Consular  Agents 
of  each  of  the  High  Contracting  Parties,  residing  in  the  territories  of 


1034 


TREATIES,  CONVENTIONS,  ETC. 


the  other,  shall  receive  from  the  local  authorities  such  assistance  as 
can  laAY  be  given  to  them  for  the  recovery  of  deserters  from  the 
vessels  of  their  respective  countries. 

It  is  understood  that  this  stipulation  shall  not  apply  to  the  citizens 
or  subjects  of  the  country  Tvhere  the  desertion  takes  place. 

Article  XIV. 

The  High  Contracting  Parties  agree  that,  in  all  that  concerns  com- 
merce and  navigation,  any  privilege,  favor  or  immunity  which  either 
High  Contracting  Party  has  actually  granted,  or  may  hereafter  grant, 
to  the  Government,  ships,  citizens  or  subjects  of  any  other  State,  shall 
be  extended  to  the  Government,  ships,  citizens,  or  subjects  of  the 
other  High  Contracting  Party,  gratuitously,  if  the  concession  in 
favor  of  that  other  State  shall  have  been  gratuitous,  and  on  the  same 
or  equivalent  conditions  if  the  concession  shall  have  been  conditional; 
it  being  their  intention  that  the  trade  and  navigation  of  each  country 
shall  be  placed,  in  all  respects,  by  the  other  upon  the  footing  of  the 
most  favored  nation. 

Article  XV. 

Each  of  the  High  Contracting  Parties  may  appoint  Consuls  Gen- 
eral, Consuls,  Vice-Consuls,  Pro-Consuls,  and  Consular  Agents,  in  all 
the  ports,  cities,  and  places  of  the  other,  except  in  those  where  it  may 
not  be  convenient  to  recognize  such  officers. 

This  exception,  however,  shall  not  be  made  in  regard  to  one  of  the 
High  Contracting  Parties  without  being  made  likewise  in  regard  to ' 
every  other  Power. 

The  Consuls  General,  Consuls,  Vice-Consuls,  Pro-Consuls,  and 
Consular  Agents  may  exercise  all  functions,  and  shall  enjoy  all 
jirivileges,  exemptions,  and  immunities  which  are,  or  may  hereafter 
be,  granted  to  Consular  officers  of  the  most  favored  nation. 

Article  XVI.“ 

The  citizens  or  subjects  of  each  of  the  High  Contracting  Parties 
shall  enjoj"  in  the  territories  of  the  other  the  same  protection  as  native 
citizens  or  subjects  in  regard  to  patents,  trade-marks  and  designs, 
upon  fulfilment  of  the  formalities  prescribed  by  law. 

Article  XVII. 

The  High  Contracting  Parties  agree  to  the  following  arrange- 
ment : — 

The  several  Foreign  Settlements  in  Japan  shall,  from  the  date  this 
Treaty  comes  into  force,  be  incorporated  with  the  respective  Japanese 
Communes,  and  shall  thenceforth  form  part  of  the  general  municipal 
system  of  Japan.  The  competent  Japanese  Authorities  shall  there- 
upon assume  all  municipal  obligations  and  duties  in  respect  thereof, 
and  the  common  funds  and  property,  if  any,  belonging  to  such  Settle- 
ments shall  at  the  same  time  be  transferred  to  the  said  Japanese 
Authorities. 


“ In  effect  ilarcb  8,  1897. 


JAPAN — 1894. 


1035 


When  such  incorporation  takes  place  existing  leases  in  perpetuity 
upon  ^vhich  property  is  now  held  in  the  said  Settlements  shall  be  con- 
firmed, and  no  conditions  whatsoever  other  than  those  contained  in 
such  existing  leases  shall  be  imposed  in  respect  of  such  property.  It 
is,  however,  understood  that  the  Consular  Authorities  mentioned  in 
the  same  are  in  all  cases  to  be  replaced  by  the  Japanese  Authorities. 
All  lands  which  may  previously  have  been  granted  by  the  Japanese 
Government  free  of  rent  for  the  public  purposes  of  the  said  Settle- 
ments shall,  subject  to  the  right  of  eminent  domain,  be  permanently 
reserved  free  of  all  taxes  and  charges  for  the  public  purposes  for 
which  they  were  originally  set  apart. 

Akticle  XVIII. 

This  treaty  shall,  from  the  date  it  comes  into  force,  be  substituted 
in  place  of  the  Treaty  of  Peace  and  Amity  concluded  on  the  day  of 
the  3^  month  of  the  7*^^  year  of  Kayei,  corresponding  to  the  day 
of  March,  1854 ; the  Treaty  of  Amity  and  Commerce  concluded  on  the 
19“^  day  of  the  month  of  the  5‘**  year  of  Ansei,  corresponding  to 
the  29“^  day  of  July,  1858;  the  Tariff  Convention  concluded  on  the 
13‘**  day  of  the  5‘*^  month  of  the  2°*^  year  of  Keio,  corresponding  to 
the  25“*  day  of  June,  1866 ; the  Convention  concluded  on  the  25“'  day 
of  the  7“'  month  of  the  11“'  year  of  Meiji,  corresponding  to  the  25“* 
day  of  July,  1878,  and  all  Arrangements  and  Agreements  subsidiary 
thereto  concluded  or  existing  between  the  High  Contracting  Parties; 
and  from  the  same  date  such  Treaties,  Conventions,  Arrangements 
and  Agreements  shall  cease  to  be  binding,  and,  in  consequence,  the 
jurisdiction  then  exercised  by  Courts  of  the  United  States  in  Japan 
and  all  the  exceptional  privileges,  exemptions  and  immunities  then 
enjoyed  by  citizens  of  the  United  States  as  a part  of,  or  appurtenant 
to  such  jurisdiction,  shall  absolutely  and  without  notice  cease  and 
determine,  and  thereafter  all  such  jurisdiction  shall  be  assumed  and 
exercised  by  Japanese  Courts. 

Aeticle  XIX. 

This  Treaty  shall  go  into  operation  on  the  17‘’'  day  of  July,  1899, 
and  shall  remain  in  force  for  the  period  of  twelve  years  from  that 
date. 

Either  High  Contracting  Party  shall  have  the  right,  at  any  time 
thereafter  to  give  notice  to  the  other  of  its  intention  to  terminate  the 
same,  and  at  the  expiration  of  twelve  months  after  such  notice  is 
given  this  Treaty  shall  wholly  cease  and  determine. 

Article  XX. 

This  Treaty  shall  be  ratified,  and  the  ratifications  thereof  shall  be 
exchanged,  either  at  Washington  or  Tokio,  as  soon  as  possible  and 
not  later  than  six  months  after  its  signature. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
present  Treaty  in  duplicate  and  have  thereunto  affixed  their  seals. 

Done  at  the  City  of  Washington  the  22**  day  of  November  in  the 
eighteen  hundred  and  ninety-fourth  year  of  the  Christian  era,  corre- 
sponding to  the  22^  day  of  the  11‘''  month  of  the  27“'  year  of  Meiji. 

Walter  Q.  Gresham  [seal] 
Shinichiro  Kurino.  [seal] 


1036  TREATIES,  CONVENTIONS,  ETC. 

Protocol. 

The  Government  of  the  United  States  of  America  and  the  Govern- 
ment of  His  Majesty  the  Emperor  of  Japan,  deeming  it  advisable  in 
the  interests  of  both  countries  to  regulate  certain  special  matters  of 
mutual  concern,  apart  from  the  Treaty  of  Commerce  and  Navigation 
signed  this  day,  have,  through  their  respective  Plenipotentiaries, 
agreed  upon  the  following  stipulations: — 

1.  It  is  agreed  by  the  Contracting  Parties  that  one  month  after 
the  exchange  of  the  ratifications  of  the  Treaty  of  Commerce  and 
Navigation  signed  this  day  the  Import  Tariff  now  in  operation  in 
Japan  in  respect  of  goods  and  merchandise  imported  into  Japan  by 
citizens  of  the  United  States  shall  cease  to  be  binding.  From  the 
same  date  the  General  Statutory  Tariff  of  Japan  shall,  subject  to  the 
provisions  of  Article  IX  of  the  Treaty  of  March  31,  1854,  at  present 
subsisting  between  the  Contracting  Parties,  so  long  as  said  Treaty 
remains  in  force,  and,  thereafter,  subject  to  the  provisions  of  Article 
IV  and  Article  XIV  of  the  Treaty  signed  this  day,  be  applicable  to 
goods  and  merchandise  being  the  growth,  produce  or  manufacture 
of  the  Territories  of  the  United  States  upon  importation  into  Japan. 

But  nothing  contained  in  this  Protocol  shall  be  held  to  limit  or 
qualify  the  right  of  the  Japanese  Government  to  restrict  or  to  pro- 
hibit the  importation  of  adulterated  drugs,  medicines,  food  or  bev- 
erages; indecent  or  obscene  prints,  paintings,  books,  cards,  litho- 
graphic or  other  engravings,  photographs  or  any  other  indecent  or 
obscene  articles;  articles  in  violation  of  the  patent,  trade-mark  or 
copjr-right  laws  of  Japan;  or  any  other  article  which  for  sanitary  rea- 
sons, or  in  view  of  public  security  or  morals,  might  offer  any  danger. 

2.  The  Japanese  Government,  pending  the  opening  of  the  country 
to  citizens  of  the  United  States,  agrees  to  extend  the  existing  passport 
system  in  such  a manner  as  to  allow  citizens  of  the  United  States,  on 
the  production  of  a certificate  of  recommendation  from  the  Eepre- 
sentative  of  the  United  States  at  Tokio,  or  from  any  of  the  Consuls 
of  the  United  States  at  the  open  ports  of  Japan,  to  obtain  upon 
application  passports  available  for  any  part  of  the  country  and  for 
any  period  not  exceeding  twelve  months,  from  the  Imperial  Japanese 
Foreign  Office  in  Tokio,  or  from  the  Chief  Authorities  in  the  Prefec- 
ture in 'which  an  open  port  is  situated,  ^it  being  understood  that  the 
existing  Rules  and  Regulations  governing  citizens  of  the  United 
States  Avho  visit  the  interior  of  the  Empire  are  to  be  maintained. 

3.  The  undersigned  Plenipotentiaries  have  agreed  that  this  Pro- 
tocol shall  be  submitted  to  the  two  High  Contracting  Parties  at  the 
same  time  as  the  Treaty  of  Commerce  and  Navigation  signed  this 
day,  and  that  when  the  said  Treaty  is  ratified  the  agreements  con- 
tained in  the  Protocol  shall  also  equally  be  considered  as  ai)pr()ved, 
without  the  necessity  of  a further  formal  ratification. 

It  is  agreed  that  this  Protocol  shall  terminate  at  the  same  time  the 
said  Treaty  ceases  to  be  binding. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed 
the  same  and  have  affixed  thereto  their  seals. 

Done  at  Washington  the  22^  day  of  November  in  the  eighteen  hun- 
dred and  ninety-fourth  year  of  the  Christian  era,  corresponding  to 
the  22'^  day  of  the  11“^  month  of  the  27“^  year  of  Meiji. 

Walter  Q.  Gresham  [seal] 
Shinichiro  Kttrino  [seal] 


JAPAN — 1897-1905. 


1037 


1897. 

Convention  as  to  Patents,  Teade-Marks,  and  Designs. 

Concluded  January  13,  1897 ; ratif, cation  advised  hy  the  Senate  Feb- 
ruary 1,  1897 ; ratified  hy  the  President  February  1897 ; ratifica- 
tions exchanged  March  8, 1897 ; f roclaimed  March  9, 1897 . 

The  President  of  the  United  States  of  America  and  His  Majesty 
the  Emperor  of  Japan,  being  desirous  of  securing  immediate  recipro- 
cal protection  for  patents,  trade-marks  and  designs,  have  resolved  to 
conclude  a Convention  for  that  purpose,  and  have  appointed  as  their 
Plenipotentiaries : 

The  President  of  the  United  States,  the  Honorable  Richard  Olney, 
Secretary  of  State  of  the  United  States;  and  His  Majesty  the  Em- 
peror of  Japan,  Torn  Hoshi,  Jushii,  His  Majesty’s  Envoy  Extraordi- 
nary and  Minister  Plenipotentiary  near  the  Government  of  the  United 
States; 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers,  found  in  good  and  due  form,  have  agTeed  as  follows : 

Article  XVI  of  the  Treati^  of  Commerce  and  Navigation  between 
the  United  States  of  America  and  Japan  concluded  at  Washington 
on  the  twenty-second  day,  the  eleventh  month,  the  twenty-seventh 
3"ear  of  Meiji,  corresponding  to  the  twenty-second  day  of  November, 
eighteen  hundred  and  ninety-four  of  the  Christian  Era,  shall  have 
full  force  and  effect  from  the  date  of  the  exchange  of  ratifications  of 
this  convention. 

The  present  convention  shall  be  duly  ratified  by  the  President  of 
the  United  States  of  America,  by  and  with  the  advice  and  consent  of 
the  Senate  thereof,  and  by  His  Majesty  the  Emperor  of  Japan  in  the 
usual  manner;  and  the  ratifications  shall  be  exchanged  at  Tokyo  as 
soon  as  possible. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
this  convention  and  have  thereunto  affixed  fheir  seals. 

Done,  in  duplicate  original,  at  Washington,  this  thirteenth  day  of 
January  in  the  one  thousand  eight  hundred  and  ninety  seventh  year 
of  the  Christian  Era. 

Richard  Olney  [seal] 
Toru  Hoshi  [seal] 


1905. 

Copyright  Convention. 

Signed  at  Tohio  November  10,  1905;  ratification  advised  by  the 
Senate  February  28, 1906 ; ratified  by  the  President  March  7,  1906; 
ratifications  exchanged  at  Tokio  May  10,  1906;  proclaimed  May 
17,  1906. 

Articles. 

I.  Reciprocal  protection.  III.  Ratification. 

II.  Translation  of  books,  etc. 

The  President  of  the  United  States  of  America  and  his  Majesty 
the  Emperor  of  Japan  being  equally  desirous  to  extend  to  their  sub- 


L038 


TBEATIES,  CONVENTIONS,  ETC. 


jects  and  citizens  the  benefit  of  legal  protection  in  both  countries 
in  regard  to  copyright,  have,  to  this  end,  decided  to  conclude  a Con- 
vention, and  have  appointed  as  their  respective  Plenipotentiaries : 

The  President  of  the  United  States  of  America,  Lloyd  C.  Griscom, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the  United 
States  of  America  to  Japan;  and 

His  Majesty  the  Emperor  of  Japan,  General  Count  Taro  Katsura, 
Junii,  First  Class  of  the  Imperial  Order  of  the  Rising  Sun,  Third 
Class  of  the  Imperial  Order  of  the  Golden  Kite,  His  Imperial  Maj- 
esty’s Minister  of  State  for  Foreign  Affairs; 

AVho,  having  reciprocally  communicated  their  full  powers,  found 
in  good  and  due  form,  have  agreed  as  follows : 

Article  I. 

The  subjects  or  citizens  of  each  of  the  two  High  Contracting  Par- 
ties shall  enjoy  in  the  dominions  of  the  other,  the  protection  of  cop,y- 
right  for  their  works  of  literature  and  art  as  well  as  photographs, 
against  illegal  reproduction,  on  the  same  basis  on  which  protection 
is  granted  to  the  subjects  or  citizens  of  the  other,  subject  however  to 
the  provisions  of  Article  II  of  the  present  Convention. 

Article  II. 

The  subjects  or  citizens  of  each  of  the  two  High  Contracting  Par- 
ties may  without  authorization  translate  books,  'pamphlets  or  any 
other  writings,  dramatic  works,  and  musical  compositions,  published 
in  the  dominions  of  the  other  by  the  subjects  or  citizens  of  the  latter, 
and  print  and  publish  such  translations. 

Article  III. 

The  present  Convention  shall  be  ratified,  and  the  ratifications 
thereof  shall  be  exchanged  at  Tokio  as  soon  as  possible.  It  shall  come 
into  operation  from  the  date  of  the  exchange  of  ratifications,  and 
shall  be  applicable  to  such  works  only  as  shall  be  published  after  it 
shall  have  come  into  operation.  Either  of  the  Contracting  Parties 
shall  have  the  right  at  any  time,  to  give  notice  to  the  other  of  its 
intention  to  terminate  the  present  Convention,  and  at  the  expiration 
of  three  months  after  such  notice  is  given  this  Convention  shall 
wholly  cease  and  determine. 

In  witness  whereof  the  above  mentioned  Plenipotentiaries  have 
signed  the  present  Convention  and  have  affixed  thereto  their  seals. 

Done  in  duplicate  at  Tokio,  in  the  English  and  Japanese  languages, 
this  10th  day  of  November,  of  year  one  thousand  nine  hundred  and 
five,  corresponding  to  the  10th  day  of  the  11th  month  of  the  38th 
year  of  Meiji. 

[seal.]  Lloyd  C.  Griscom. 

[seal.]  Taro  Katsura. 


JAPAN — 1906. 


1039 


1906. 

Supplementary  Extradition  Convention. 

Signed  at  Tokyo,  May  17,  1906;  ratification  advised  hy  the  Senate, 

June  22,  1906;  ratified  hy  the  President,  June  28,  1906;  ratifica- 
tions exchanged  at  Tokyo,  September  25, 1906;  proclaimed,  Septem- 
ber 26, 1906. 

Articles. 

EXTRADITABLE  CRIMES. 

The  President  of  the  United  States  of  America  and  His  Majesty 
the  Emperor  of  Japan  being  desirous  to  add  the  crimes  of  embezzle- 
ment of  private  moneys  or  property  and  larceny  to  the  list  of  crimes 
or  offences  on  account  of  which  extradition  may  be  granted  under 
the  Treaty  concluded  between  the  two  countries  on  the  29th  day  of 
April,  1886  (corresponding  to  th^e  29th  day  of  the  4th  month  of  the 
19th  year  of  Meiji),  with  a view  to  the  better  administration  of 
justice  and  the  prevention  of  crime  in  their  respective  territories  and 
jurisdictions,  have  resolved  to  conclude  a Supplementary  Convention, 
and,  for  this  purpose,  have  appointed  as  their  Plenipotentiaries, 
to  wit : 

The  President  of  the  United  States  of  America,  Huntington 
Wilson,  Charge  d’Affaires  ad  interim  of  the  United  States  of  America 
at  Tokio,  and 

His  Majesty  the  Emperor  of  Japan,  Marquis  Kinmoti  Saionzi, 
Shonii,  First  Class  of  the  Imperial  Order  of  the  Rising  Sun,  His 
Imperial  Majesty’s  Minister  of  State  for  Foreign  Affairs; 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers,  which  were  found  to  be  in  due  and  proper  form,  have 
agreed  to  and  concluded  the  following 

Article. 

The  following  crimes  are  added  to  the  list  of  crimes  or  offences 
numbered  1 to  13  in  the  second  Article  of  the  said  Treaty  of  the  29th 
day  of  April,  1886  (corresponding  to  the  29th  day  of  the  4th  month 
of  the  19th  year  of  Meiji),  on  account  of  which  extradition  may  be 
granted,  that  is  to  say : 

Embezzlement  by  persons  hired  or  salaried,  to  the  detriment  of 
their  employers,  where  the  amount  of  money  or  the  value  of  the 
property  embezzled  is  not  less  than  $200  or  400  Yen. 

Larceny,  where  the  offence  is  punishable  by  imprisonment  for 
one  year  or  more,  or  for  which  sentence  of  imprisonment  for  one  year 
or  more  has  been  pronounced. 

The  present  Convention  shall  be  ratified  and  the  ratifications  shall 
be  exchanged  at  Tokio  as  soon  as  possible. 

It  shall  come  into  force  ten  days  after  the  exchange  of  the  ratifi- 
cations, and  it  shall  continue  and  terminate  in  the  same  manner  as  the 
said  Treaty  of, the  29th  day  of  April,  1886  (corresponding  to  the 
29th  day  of  the  4th  month  of  the  19th  year  of  Meiji). 

In  testimony  whereof  the  respective  Plenipotentiaries  have  signed 
the  present  Convention  and  have  affixed  thereto  their  seals. 


1040 


TBEATIES,  CONVENTIONS,  ETC. 


Done  in  duplicate  at  Tokio,  in  the  English  and  Japanese  lan- 
guages, this  17th  day  of  May,  one  thousand  nine  hundred  and  six 
(corresponding  to  the  17th  day  of  the  5th  month  of  the  39th  year  oi 
Meiji). 

[seal]  Huntington  Wilson, 

[seal]  Marquis  Saionzi. 


1908. 

Arbitration  Convention. 

Signed  at  W ashington,  May  5, 1908;  ratification  advised  ty  the  Sen- 
ate, May  13,  1908;  Ratifed  by  the  President,  August  19,  1908; 
Ratif cations  exchanged  at  W ashington,  August  ^4?  1908;  Pro- 
claimed, September  1,  1908. 


Articles. 

• I.  Differences  to  be  submitted.  | III.  Duration. 

II.  Special  agreement.  1 IV.  Ratification. 

The  President  of  the  United  States  of  America  and  His  Majesty 
the  Emperor  of  Japan,  taking  into  consideration  the  fact  that  the 
High  Contracting  parties  to  the  Convention  for  the  pacific  settle- 
ment of  international  disputes,  concluded  at  The  Hague  on  the  29th 
July,  1899,  have  reserved  to  themselves,  by  Article  XIX  of  that  Con- 
vention, the  right  of  concluding  Agreements,  with  a view  to  referring 
to  arbitration  all  questions  which  they  shall  consider  possible  to  sub- 
mit to  such  treatment,  have  resolved  to  conclude  an  Arbitration  Con- 
vention between  the  two  countries,  and  for  the  purpose  have  named 
as  their  Plenipotentiaries,  that  is  to  say : 

The  President  of  the  United  States  of  America,  Elihu  Koot,  Secre- 
tary of  State  of  the  United  States  of  America ; and 

His  Majesty  the  Emperor  of  Japan,  Baron  Kogoro  Takahira,  Sho- 
sammi,  Grand  Cordon  of  the  Imperial  Order  of  the  Rising  Sun,  His 
Ambassador  Extraordinai*y  and  Plenipotentiary  to  the  United  States 
of  America ; 

Who,  after  having  communicated  to  each  other  their  Full  Powers, 
found  to  be  in  good  and  due  form,  have  agi-eed  upon  and  concluded 
the  following  Articles: — 

Article  I. 

Differences  which  may  arise  of  a legal  nature,  or  relating  to  the  in- 
terpretation of  treaties  existing  between  the  two  Contracting  Parties, 
and  which  it  may  not  have  been  possible  to  settle  by  diplomacy,  shall 
be  refeiTed  to  the  Pennanent  Court  of  Arbitration  established  at  The 
Hague  by  the  Convention  of  the  29th  July,  1899,  provided,  neverthe- 
less, that  they  do  not  affect  the  vital  interests,  the  independence,  or 
the  honor  of  the  two  Contracting  States,  and  do  not  concern  the  inter- 
ests of  third  parties. 

Article  II.  « 

In  each  individual  case  the  High  Contracting  Parties,  before  ap- 
pealing to  the  Permanent  Court  of  Arbitration  shall  conclude  a spe- 
cial Agreement  defining  clearly  the  matter  in  dispute,  the  scope  of  the 


JAPAN — ^1908, 


1041 


powers  of  the  Arbitrators,  and  the  periods  to  be  fixed  for  the  forma- 
tion of  the  Arbitral  Tribunal  and  the  several  stages  of  the  procedure. 
It  is  understood  that  such  special  agreements  will  be  made  on  the 
part  of  the  United  States  by  the  President  of  the  United  States  by 
and  with  the  advice  and  consent  of  the  Senate  thereof. 

Such  agreements  shall  be  binding  only  when  confirmed  by  the  two 
Governments  by  an  Exchange  of  Notes. 

Article  III. 

The  present  Com^ention  shall  remain  in  force  for  the  period  of  five 
years  from  the  date  of  the  exchange  of  the  ratifications. 

Article  IV. 

The  present  Convention  shall  be  ratified  by  the  High  Contracting 
Parties,  and  the  ratifications  thereof  shall  be  exchanged  at  Washing- 
ton as  soon  as  possible. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed  the 
present  Convention,  and  have  thereunto  affixed  their  seals. 

Done  at  the  City  of  Washington,  in  duplicate,  this  fifth  day  of 
May,  one  thousand  nine  hundred  and  eight,  corresponding  to  the  fifth 
day  of  the  fifth  month  of  the  forty-first  year  of  Meiji. 

[seal]  Elihu  Koot 

[seal]  K.  Takahira 


1908. 


Treaty  Concerning  Protection  of  Trade  Marks  in  Korea. 


Concluded  May  19,  1908;  ratification  advised  hy  the  senate  May  20, 
1908;  ratified  hy  the  President  June  2, 1908;  ratifications  exchanged 
August  6, 1908;  Proclaimed  August  11,  1908. 

Articles. 


I.  Protection  of  trade  mark,  etc.,  in 
Korea. 

II.  Infringement. 

III.  Citizens  of  possessions  of  United 
States. 


IV.  Rights  of  Korean  subjects. 

V.  Reciprocal  protection  of  inven- 
tions, designs  etc. 

Protection  of  commercial  names. 
Vn.  Ratification. 


The  President  of  the  United  States  of  America  and  His  Majesty 
the  Emperor  of  Japan  being  desirous  to  secure  in  Korea  due  pro- 
tection for  the  inventions,  designs,  trade  marks  and  copyrights  of 
their  respective  citizens  and  subjects  have  resolved  to  conclude  a 
convention  for  that  purpose  and  have  named  as  their  Plenipoten- 
tiaries, that  is  to  say: 

The  President  of  the  United  States  of  America,  Kobert  Bacon, 
Acting  Secretary  of  State  of  the  United  States;  and 
His  Majesty  the  Emperor  of  Japan,  Baron  Kogoro  Takahira, 
Shosammi,  Grand  Cordon  of  the  Imperial  Order  of  the  Rising  Sun, 
His  Ambassador  Extraordinary  and  Plenipotentiary  to  the  United 
States  of  America; 

24449— VOL  1—10 66 


1042 


TREATIES,  CONVENTIONS,  ETC. 


Who,  after  having  communicated  to  each  other  their  Full  Powers, 
found  to  be  in  good  and  due  form,  have  agreed  upon  and  concluded 
the  following  articles: — 

Article  I. 

The  Japanese  Government  shall  cause  to  be  enforced  in  Korea 
simultaneously  with  the  operation  of  this  convention,  laws  and  regu- 
lations relative  to  inventions,  designs,  trade  marks  and  copyrights 
similar  to  those  which  now  exist  in  Japan. 

These  laws  and  regulations  are  to  be  applicable  to  American  citi- 
zens in  Korea  equally  as  to  Japanese  and  Korean  subjects.  In  case 
the  existing  laws  and  regulations  of  Japan  referred  to  in  the  preced- 
ing paragraph  shall  hereafter  be  modified,  those  laws  and  regula- 
tions enforced  in  Korea  shall  also  be  modified  according  to  the  prin- 
ciple of  such  new  legislation. 

Article  II. 

The  Government  of  the  United  States  of  America  engages  that  in 
case  of  the  infringement  by  American  citizens  of  inventions,  designs, 
trade  marks  or  copyrights  entitled  to  protection  in  Korea,  such  citi- 
zens shall  in  these  respects  be  under  the  exclusive  jurisdiction  of  the 
Japanese  courts  in  Korea,  the  extraterritorial  jurisdiction  of  the 
United  States  being  waived  in  these  particulars. 

Article  III. 

Citizens  of  possessions  belonging  to  the  United  States  shall  have 
in  respect  to  the  application  of  the  present  convention  the  same 
treatment  as  citizens  of  the  United  States. 

Article  IV. 

Korean  subjects  shall  enjoy  in  the  United  States  the  same  protec- 
tion as  native  .citizens  in  regard  to  inventions,  designs,  trade  marks 
and  copyrights  upon  the  fulfillment  of  the  formalities  prescribed  by 
the  laws  and  regulations  of  the  United  States. 

Article  V. 

Inventions,  designs,  trade  marks  and  copyrights  duly  patented  or 
registered  in  Japan  by  citizens  of  the  United  States  prior  to  the 
enforcement  of  the  laws  and  regulations  mentioned  in  Article  I 
hereof  shall  without  further  procedure  be  entitled  under  the  present 
convention  to  the  same  protection  in  Korea  as  is  or  may  hereafter 
be  there  accorded  to  the  same  industrial  and  literary  properties  simi- 
larly patented  or  registered  by  Japanese  or  Korean  subjects. 

Inventions,  designs,  trade  marks  and  copyrights  duly  patented  or 
registered  in  the  United  States  by  citizens  or  subjects  of  either  High 
Contracting  Party  or  by  Korean  subjects  prior  to  the  operation  of 
the  present  convention  shall  similarly  be  entitled  to  patent  or  regis- 
tration in  Korea  without  the  payment  of  any  fees,  provided  that  said 
ini^entions,  designs,  trade  marks  and  copyrights  are  of  such  a char- 
acter as  to  permit  of  their  patent  or  registration  under  the  laws  and 


JAPAN 1908. 


1043 


regulations  above-mentioned  and  provided  further  that  such  patent 
or  registration  is  effected  within  a period  of  one  year  after  this  con- 
vention comes  into  force. 


Article  VI. 

The  Japanese  Government  engages  to  extend  to  American  citizens 
the  same  treatment  in  Korea  in  the  matter  of  protection  of  their  com- 
mercial names  as  they  enjoy  in  the  dominions  and  possessions  of 
Japan  under  the  convention  for  the  protection  of  industrial  property 
signed  at  Paris  March  20,  1883. 

“ Hong  ” marks  shall  be  considered  to  be  commercial  names  for 
the  purpose  of  this  convention. 

Article  VII. 

The  present  convention  shall  be  ratified  and  the  ratifications  thereof 
shall  be  exchanged  at  Tokyo  as  soon  as  possible.  It  shall  come  into 
force  ten  days  after  such  exchange  of  ratifications. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
the  present  convention  in  duplicate,  and  have  thereunto  affixed  their 
seals. 

Done  at  the  City  of  Washington,  the  19th  day  of  May  in  the  nine- 
teen hundred  and  eighth  year  of  the  Christian  era  corresponding  to 
the  19th  day  of  the  5th  month  of  the  41st  year  of  Meiji. 

Robert  Bacon  [seal.] 

K.  Takahira  [seal.] 


1908. 


Treaty  Concerning  Protection  or  Trade  Marks  in  China. 

Concluded  May  19^  1908;  ratification  advised  hy  the  senate  May 
20,  1908;  ratified  hy  the  President  June  2,  1908;  ratifications  ex- 
changed August  6, 1908;  'proclaimed  August  11, 1908. 


Articles. 


I.  Protection  of  trade  marks  in 
China. 

II.  Protection  of  copyrights  in  China. 

III.  Infringement. 

IV.  Protection  of  commercial  names. 

V.  Citizens  of  possessions  of  the 

United  States  and  subjects  of 
Korea. 


VI.  Insular  possessions  and  leased 
territories. 

VII.  Cancellation  of  false  trade 
marks. 

VIII.  Unauthorized  reproductions  of 
works  of  literature  and  art. 

IX.  Ratification. 


The  President  of  the  United  States  of  America  and  His  Majesty 
the  Emperor  of  Japan  being  desirous  to  secure  in  China  reciprocal 
protection  for  the  inventions,  designs,  trade  marks  and  copyrights  of 
their  respective  citizens  and  subjects  have  resolved  to  conclude  a con- 
vention for  that  purpose  and  have  named  as  their  Plenipotentiaries, 
that  is  to  say : 

The  President  of  the  United  States  of  America,  Robert  Bacon, 
Acting  Secretary  of  State  of  the  United  States;  and 


1044 


TEEATIES,  CONVENTIONS,  ETC. 


His  Majesty  the  Emperor  of  Japan,  Baron  Kogoro  Takahira, 
Shosammi,  Grand  Cordon  of  the  Imperial  Order  of  the  Kising  Sun, 
His  Ambassador  Extraordinary  and  Plenipotentiary  to  the  United 
States  of  America ; 

Who,  after  having  communicated  to  each  other  their  Full  Powers, 
found  to  be  in  good  and  due  form,  have  agreed  upon  and  concluded 
the  following  articles: 

Article  I. 

Inventions,  designs  and  trade  marks  duly  patented  or  registered  by 
citizens  or  subjects  of  one  High  Contracting  Party  in  the  appropriate 
office  of  the  other  Contracting  Party  shall  have  in  all  parts  of  China 
the  same  protection  against  infringement  by  citizens  or  subjects  of 
such  other  Contracting  Party  as  in  the  dominions  and  possessions 
of  such  other  Contracting  Party. 

Article  II. 

The  citizens  or  subjects  of  each  of  the  two  High  Contracting 
Parties  shall  enjoy  in  China  the  protection  of  copyright  for  their 
works  of  literature  and  art  as  well  as  photographs  to  the  same  extent 
as  they  are  protected  in  the  dominions  and  possessions  of  the  other 
party. 

Article  III. 

In  case  of  infringement  in  China  by  a citizen  or  subject  of  one 
of  the  two  High  Contracting  Parties  of  any  invention,  design,  trade 
mark  or  copyright  entitled  to  protection  in  virtue  of  this  convention 
the  aggrieved  party  shall  have  in  the  competent  territorial  or  consular 
courts  of  such  Contracting  Party  the  same  rights  and  remedies  as 
citizens  or  subjects  of  such  Contracting  Party. 

Article  IV. 

Each  High  Contracting  Party  engages  to  extend  to  the  citizens 
or  subjects  of  the  other  Contracting  Party  the  same  treatment  in 
China  in  the  matter  of  protection  of  their  commercial  names  as  they 
enjoy  in  the  dominions  and  possessions  of  such  Contracting  Party 
under  the  convention  for  the  protection  of  industrial  property  signed 
at  Paris  March  20,  1883.  “ Hong  ” marks  shall  be  considered  to  be 
commercial  names  for  the  purpose  of  this  convention. 

Article  V. 

Citizens  of  possessions  belonging  to  the  United  States  and  subjects 
of  Korea  shall  have  in  China  the  same  treatment  under  the  present 
convention  as  citizens  of  the  United  States  and  subjects  of  Japan 
respectively 

Article  VI. 

It  is  mutually  agreed  between  the  High  Contracting  Parties  that 
the  present  convention  shall  be  enforced  so  far  as  applicable  in  any 
other  country  in  which  either  Contracting  Party  may  exercise  ex- 
traterritorial jurisdiction. 


JAPAN — 1908. 


1045 


All  rights  growing  out  of  the  present  convention  shall  be  recog- 
nized in  the  insular  and  other  possessions  and  leased  territories  of 
the  High  Contracting  Parties  and  all  legal  remedies  provided  for  the 
protection  of  such  rights  shall  be  duly  enforced  by  the  competent 
courts. 

Article  VII. 

Any  person  amenable  to  the  provisions  of  this  convention  who 
possesses  at  the  time  the  present  convention  comes  into  force  mer- 
chandise bearing  an  imitation  of  a trade  mark  owned  by  another 
person  and  entitled  to  protection  under  said  convention  shall  remove 
or  cancel  such  false  trade  mark  or  withdraw  such  merchandise  from 
market  in  China  within  six  months  from  the  date  of  the  enforcement 
of  this  convention. 

Article  VIII. 

Unauthorized  reproductions  by  the  citizens  or  subjects  of  one  High 
Contracting  Party  prior  to  the  operation  of  this  convention  of  the 
works  of  literature  and  art  as  well  as  photographs  of  the  citizens  or 
subjects  of  the  other  Contracting  Party  published  after  the  10th  day 
of  May,  1906,  and  entitled  to  protection  in  virtue  of  this  convention 
shall  be  withdrawn  from  sale  or  circulation  in  China  within  one  year 
from  the  date  of  the  enforcement  of  this  convention. 

Aeticle  IX. 

The  present  convention  shall  be  ratified  and  the  ratifications  thereof 
shall  be  exchanged  at  Tokyo  as  soon  as  possible.  It  shall  come  into 
force  together  with  the  convention  relative  to  the  protection  of  inven- 
tions, designs,  trade  marks  and  copyrights  in  Korea,  ten  days  after 
such  exchange  of  ratifications. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
the  present  convention  in  duplicate  and  have  thereunto  affixed  their 
seals. 

Done  at  the  City  of  Washington  the  19th  day  of  May  in  the  nine- 
teen hundred  and  eighth  year  of  the  Christian  era  corresponding  to 
the  19th  day  of  the  5th  month  of  the  41st  year  of  Meiji. 

Robert  Bacon  [seal.] 

K.  Takahira  [seal.] 


1908. 

Notes  Exchanged  between  the  United  States  and  Japan  November 
30,  1908,  Declaring  their  Policy  in  the  Far  East. 

Imperial  Japanese  Embassy, 

'Washington,  November  30, 1908. 

Sir:  The  exchange  of  views  between  us,  which  has  taken  place  at 
the  several  interviews  which  I have  recently  had  the  honor  of  hold- 
ing with  you,  has  shown  that  Japan  and  the  United  States  holding 
important  outlying  insular  possessions  in  the  region  of  the  Pacific 
Ocean,  the  Governments  of  the  two  countries  are  animated  by  a 
common  aim,  policy,  and  intention  in  that  region. 


1046 


TBEATIES,  CONVENTIONS,  ETC. 


Believing  that  a frank  avowal  of  that  aim,  policy,  and  intention 
would  not  only  tend  to  strengthen  the  relations  of  friendship  and 
good  neighborhood,  which  have  immemorially  existed  between  Japan 
and  the  United  States,  but  would  materially  contribute  to  the  preser- 
vation of  the  general  peace,  the  Imperial  Government  have  author- 
ized me  to  present  to  you  an  outline  of  their  understanding  of  that 
common  aim,  policy,  and  intention: 

1.  It  is  the  wish  of  the  two  Governments  to  encourage  the  free  and 
peaceful  development  of  their  commerce  on  the  Pacific  Ocean. 

2.  The  policy  of  both  Governments,  uninfluenced  by  any  aggressive 
tendencies,  is  directed  to  the  maintenance  of  the  existing  status  quo 
in  the  region  above  mentioned  and  to  the  defense  of  the  principle  of 
equal  opportunity  for  commerce  and  industry  in  China. 

3.  They  are  accordingly  firmly  resolved  reciprocally  to  respect  the 
territorial  possessions  belonging  to  each  other  in  said  region. 

4.  They  are  also  determined  to  preserve  the  common  interest  of  all 
powers  in  China  by  supporting  by  all  pacific  means  at  their  disposal 
the  independence  and  integrity  of  China  and  the  principle  of  equal 
opportunity  for  commerce  and  industry  of  all  nations  in  that  Empire. 

5.  Should  any  event  occur  threatening  the  status  quo  as  above 
described  or  the  principle  of  equal  opportunity  as  above  defined,  it 
remains  for  the  two  Governments  to  communicate  with  each  other  in 
order  to  arrive  at  an  understanding  as  to  what  measures  they  may 
consider  it  useful  to  take. 

If  the  foregoing  outline  accords  with  the  view  of  the  Government 
of  the  United  States,  I shall  be  gratified  to  receive  your  confirmation. 

I take  this  opportunity  to  renew  to  Your  Excellency  the  assurance 
of  my  highest  consideration. 

K.  Takahika 

Honorable  Eliiiu  Boot, 

Secretary-  of  State. 


Department  of  State, 

'W  ashing  ton.,  November  30.,  1908. 

Excellency  : I have  the  honor  to  acknowledge  the  receipt  of  your 
note  of  to-day  setting  forth  the  result  of  the  exchange  of  views  be- 
tween us  in  our  recent  intervieivs  defining  the  understanding  of  the 
two  Governments  in  regard  to  their  policy  in  the  region  of  the  Pacific 
Ocean. 

It  is  a pleasure  to  inform  you  that  this  expression  of  mutual  under- 
standing is  welcome  to  the  Government  of  the  United  States  as  appro- 
priate to  the  happy  relations  of  the  two  countries  and  as  the  occasion 
for  a concise  mutual  affirmation  of  that  accordant  policy  respecting 
the  Far  East  which  the  two  Governments  have  so  frequently  declared 
in  the  past. 

I am  happy  to  be  able  to  confirm  to  Your  Excellency,  on  behalf  of 
the  United  States,  the  declaration  of  the  two  Governments  embodied 
in  the  following  words : 

1.  It  is  the  wish  of  the  two  Governments  to  encourage  the  free  and 
peaceful  development  of  their  commerce  on  the  Pacific  Ocean. 

2.  The  policy  of  both  Governments,  uninfluenced  hj  any  aggressive 
tendencies,  is  directed  to  the  maintenance  of  the  existing  status  quo 


JAPAN — 1908. 


1047 


in  the  region  above  mentioned,  and  to  the  defense  of  the  principle  of 
equal  opportunity  for  commerce  and  industry  in  China. 

3.  They  are  accordingly  firmly  resolved  reciprocally  to  respect  the 
territorial  possessions  belonging  to  each  other  in  said  region. 

4.  They  are  also  determii  ad  to  preserve  the  common  interests  of  all 
powers  in  China  by  supporting  by  all  pacific  means  at  their  disposal 
the  independence  and  integrity  of  China  and  the  principle  of  equal 
opportunity  for  commerce  and  industry  of  all  nations  in  that  Empire. 

5.  Should  any  event  occur  threatening  the  status  quo  as  above 
described  or  the  principle  of  equal  opj)ortunity  as  above  defined,  it 
remains  for  the  two  Governments  to  communicate  with  each  other  in 
order  to  arrive  at  an  understanding  as  to  what  measures  they  may 
consider  it  useful  to  take. 

Accept,  Excellency,  the  renewed  assurance  of  my  highest  consid- 
eration. 

Elihu  Koot. 

His  Excellency 

Baron  Kogoro  Takahtra, 

Japanese  Ambassador. 


KONGO. 

(SEE  CONGO,  PAGE  327.) 


KOREA. 


(SEE  COKEA,  page  334.) 


LEW  CHEW. 

1864. 

Compact  of  Friendship  and  Commerce. 

Concluded  July  11^  185J^;  ratification  advised  hy  the  Senate  March  3, 

1856;  ratified  hy  the  President  March  9, 1855;  'proclaimed  March  9, 

1855. 

Hereafter,  whenever  citizens  of  the  United  States  come  to  Lew 
Chew,  they  shall  be  treated  with  great  courtesy  and  friendship. 
Whatever  articles  these  people  ask  for,  whether  from  the  officers  or 
people,  which  the  Country  can  furnish,  shall  be  sold  to  them;  nor 
shall  the  authorities  interpose  any  prohibitory  regulations  to  the 
people  selling,  and  whatever  either  party  may  wish  to  buy  shall  be 
exchanged  at  reasonable  prices. 

Whenever  Ships  of  the  United  States  shall  come  into  any  harbor 
in  Lew  Chew,  they  shall  be  supplied  with  Wood  and  Water,  at  rea- 
sonable prices,  but  if  they  wish  to  get  other  articles,  they  shall  be 
purchaseable  only  at  Napa. 

If  Ships  of  the  United  States  are  wrecked  on  Great  Lew  Chew  or 
on  Islands  under  the  jurisdiction  of  the  Royal  Government  of  Lew 
Chew,  the  local  authorities  shall  dispatch  persons  to  assist  in  saving 
life  and  property,  and  preserve  what  can  be  brought  ashore  till  the 
Ships  of  that  Nation  shall  come  to  take  away  all  that  may  have  been 
saved ; and  the  expenses  incurred  in  rescuing  these  unfortunate  per- 
sons shall  be  refunded  by  the  Nation  they  belong  to. 

Whenever  persons  from  Ships  of  the  United  States  come  ashore 
in  Lew  Chew,  they  shall  be  at  liberty,  to  ramble  where  they  please 
without  hindrance  or  having  officials  sent  to  follow  them,  or  to  spy 
what  they  do ; but  if  they  violently  go  into  houses,  or  trifle  with  women, 
or  force  people  to  sell  them  things,  or  do  other  such  like  illegal  acts, 
they  shall  be  arrested  by  the  local  officers,  but  not  maltreated,  and 
shall  be  reported  to  the  Captain  of  the  Ship  to  which  they  belong  for 
punishment  by  him. 

At  Tumai  is  a burial  ground  for  the  Citizens  of  the  United  States, 
where  their  graves  and  tombs  shall  not  be  molested. 

The  Government  of  Lew  Chew  shall  appoint  skillful  pilots,  who 
shall  be  on  the  lookout  for  Ships  appearing  off  the  Island,  and  if  one 
is  seen  coming  towards  Napa,  they  shall  go  out  in  good  boats  beyond 
the  reefs  to  conduct  her  in  to  a secure  anchorage,  for  which  service 
the  Captain  shall  pay  the  pilot  Five  Dollars,  and  the  same  for  going 
out  of  the  harbor  beyond  the  reefs. 

1048 


LEW  CHEW — 1854. 


1049 


Whenever  Ships  anchor  at  Napa,  the  officers  shall  furnish  them 
with  Wood  at  the  rate  of  Three  Thousand  Six  hundred  Copper  Cash 
per  thousand  catties;  and  with  Water  at  the  rate  of  600  Copper  Cash 
(43  cents)  for  one  thousand  catties,  or  Six  barrels  full,  each  contain- 
ing 30  American  Gallons. 

Signed  in  the  English  and  Chinese  languages  by  Commodore  Mat- 
thew C.  Perry,  Commander  in  Chief  of  the  United  States  Naval 
Forces  in  the  East  India,  China  and  Japan  Seas,  and  Special  Envoy 
to  Japan,  for  the  United  States;  and  by  Sho  Fu  fing,  Superintendent 
of  Affairs  (Tsu  li-kwan)  in  Lew  Chew,  and  Ba  K.io-si,  Treasurer  of 
Lew  Chew,  at  Shni,  for  the  Government  of  Lew-Chew,  and  copies 
exchanged,  this  11^**  day  of  July,  1854,  or  the  reign  Hien  fung,  4‘** 
year,  6^**  moon,  7'-^  day,  at  the  Town  Hall  of  Napa. 

M,  C,  Perry 

Sho  fu  fing. 

Ba  Rio-si. 


LIBERIA. 

1862. 

Treaty  of  Commerce  and  Navigation. 


Concluded  Octoher  21^  1862;  ratification  advised  hy  the  Senate  Janu- 
ary 9,  1863;  ratified  hy  the  President  January  12,  1863;  ratificor- 
tions  exchanged  February  17,  1863;  'proclaimed  March  18,  1863. 

Articles. 


I.  Amity. 

II.  Freedom  of  commerce. 

III.  No  discrimination  in  vessels. 

IV.  Imports  and  exports. 

V.  Shipwrecks  and  salvage. 


VI.  Most  favored  nation  privileges, 

VII.  Consuls. 

VIII.  Noninterference  in  Liberia. 

IX.  Ratification. 


The  United  States  of  America  and  the  Kepublic  of  Liberia,  desiring 
to  fix,  in  a permanent  and  equitable  manner,  the  rules  to  be  observed 
in  the  intercourse  and  commerce  they  desire  to  establish  between  their 
respective  countries,  have  agreed,  for  this  purpose,  to  conclude  a 
treaty  of  commerce  and  navigation,  and  have  judged  that  the  said 
end  cannot  be  better  obtained  than  by  taking  the  most  perfect  equality 
and  reciprocity  for  the  basis  of  their  agreement;  and  to  effect  this, 
they  have  named  as  their  respective  plenipotentiaries,  that  is  to  say : 

The  President  of  the  United  States  of  America,  Charles  Francis 
Adams,  Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the 
United  States  of  America  at  the  Court  of  St.  James;  and  the  Eepub- 
lic  of  Liberia,  His  Excellency  Stephen  Allen  Benson,  President 
thereof ; 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers,  found  in  good  and  due  form,  have  agreed  upon  the 
following  articles: 

Article  I. 


There  shall  be  perpetual  peace  and  friendship  between  the  United 
States  of  America  and  the  Eepublic  of  Liberia,  and  also  between 
the  citizens  of  both  countries. 


Article  II. 


There  shall  be  reciprocal  freedom  of  commerce  between  the  United 
States  of  America  and  the  Eepublic  of  Liberia.  The  citizens  of  the 
United  States  of  America  may  reside  in  and  trade  to  any  part  of 
the  territories  of  the  Eepublic  of  Liberia  to  which  any  other  for- 
1050 


LIBEBIA 1862. 


1051 


eigners  are  or  shall  be  admitted.  They  shall  enjoy  full  protection 
for  their  persons  and  properties;  they  shall  be  allowed  to  buy  from 
and  to  sell  to  whom  they  like,  without  being  restrained  or  prejudiced 
by  any  monopoly,  contract,  or  exclusive  privilege  of  sale  or  purchase 
whatever;  and  they  shall,  moreover,  enjoy  all  other  rights  and  privi- 
leges which  are  or  may  be  granted  to  any  other  foreigners,  subjects, 
or  citizens  of  the  most  favored  nation.  The  citizens  of  the  Republic 
of  Liberia  shall,  in  return,  enjoy  similar  protection  and  privileges  in 
the  United  States  of  America  and  in  their  territories. 

Article  III. 

No  tonnage,  import,  or  other  duties  or  charges  shall  be  levied  in  the 
Republic  of  Liberia  on  United  States  vessels,  or  on  goods  imported 
or  exported  in  United  States  vessels,  beyond  what  are  or  may  be 
levied  on  national  vessels,  or  on  the  like  goods  imported  or  exported 
in  national  vessels ; and  in  like  manner  no  tonnage,  import,  or  other 
duties  or  charges  shall  be  levied  in  the  United  States  of  America 
and  their  territories  on  the  vessels  of  the  Republic  of  Liberia,  or 
on  goods  imported  or  exported  in  those  vessels,  beyond  what  are  or 
may  be  levied  on  national  vessels,  or  on  the  like  goods  imported 
or  exported  in  national  vessels. 

Article  IV. 

Merchandise  or  goods  coming  from  the  United  States  of  America  in 
any  vessels,  or  imported  in  United  States  vessels  from  any  country, 
shall  not  be  prohibited  by  the  Republic  of  Liberia,  nor  be  subject  to 
higher  duties  tlian  are  levied  on  the  same  kinds  of  merchandise  or 
goods  coming  from  any  other  foreign  country  or  imported  in  any 
other  foreign  vessels.  All  articles  the  produce  of  the  Republic  of 
Liberia  may  be  exported  therefrom  by  citizens  of  the  United  States 
and  United  States  vessels  on  as  favorable  terms  as  by  the  citizens 
and  vessels  of  any  other  foreign  country. 

In  like  manner  all  merchandise  or  goods  coming  from  the  Republic 
of  Liberia  in  any  vessels,  or  imported  in  Liberian  vessels  from  any 
country,  shall  not  be  jirohibited  by  the  United  States  of  America,  nor 
be  subject  to  higher  duties  than  are  levied  on  the  same  kinds  of  mer- 
chandise or  goods  coming  from  any  other  foreign  country  or  imported 
in  any  other  foreign  vessels.  All  articles  the  produce  of  the  United 
States,  or  of  their  territories,  may  be  imported  therefrom  by  Liberian 
citizens  and  Liberian  vessels  on  as  favorable  terms  as  by  the  citizens 
and  vessels  of  any  other  foreign  country. 

Article  V. 

When  any  vessel  of  either  of  the  contracting  parties  shall  be 
wrecked,  foundered,  or  otherwise  damaged  on  the  coasts  or  within 
the  territories  of  the  other,  the  respective  citizens  shall  receive  the 
greatest  possible  aid,  as  well  for  themselves  as  for  their  vessels  and 
effects.  All  possible  aid  shall  be  given  to  protect  their  property  from 
being  plundered  and  their  persons  from  ill  treatment.  Should  a 
dispute  arise  as  to  the  salvage,  it  shall  be  settled  by  arbitration,  to 
be  chosen  by  the  parties  respectively. 


1052 


TREATIES,  CONVENTIONS,  ETC. 
Article  VI. 


It  being  the  intention  of  the  two  contracting  parties  to  bind  them- 
selves by  the  present  treaty  to  treat  each  other  on  the  footing  of  the 
most  favored  nation,  it  is  hereby  agreed  between  them  that  any 
favor,  privilege,  or  immunity  whatever  in  matters  of  commerce  and 
navigation,  which  either  contracting  party  has  actually  granted,  or 
may  hereafter  grant,  to  the  subjects  or  citizens  of  any  other  State, 
shall  be  extended  to  the  citizens  of  the  other  contracting  party 
gratuitously,  if  the  concession  in  favor  of  that  other  State  shall  have 
been  gratuitous,  or  in  return  for  a compensation  as  nearly  as  possible 
of  proportionate  value  and  effect,  to  be  adjusted  by  mutual  agree- 
ment, if  the  concession  shall  have  been  conditional. 

Article  VII. 

Each  contracting  party  may  appoint  consuls  for  the  protection  of 
trade,  to  reside  in  the  dominions  of  the  other;  but  no  such  consul 
shall  enter  upon  the  exercise  of  his  functions  until  he  shall  have  been 
approved  and  admitted,  in  the  usual  form,  by  the  Government  of  the 
country  to  which  he  is  sent. 

Article  VIII. 

The  United  States  Government  engages  never  to  interfere,  unless 
solicited  by  the  Government  of  Liberia,  in  the  affairs  between  the 
aboriginal  inhabitants  and  the  Government  of  the  Republic  of  Li- 
beria, in  the  jurisdiction  and  territories  of  the  Republic.  Should  any 
United  States  citizen  suffer  loss,  in  person  or  property,  from  violence 
by  the  aboriginal  inhabitants,  and  the  Government  of  the  Republic 
of  Liberia  should  not  be  able  to  bring  the  aggressor  to  justice,  the 
United  States  Government  engages,  a requisition  having  been  first 
made  therefor  by  the  Liberian  Government,  to  lend  such  aid  as  may 
be  required.  Citizens  of  the  United  States  residing  in  the  territories 
of  the  Republic  of  Liberia  are  desired  to  abstain  from  all  such  inter- 
course with  the  aboriginal  inhabitants  as  will  tend  to  the  violation 
of  law  and  a disturbance  of  the  peace  of  the  country. 

Article  IX. 

The  present  treaty  shall  be  ratified,  and  the  ratifications  exchanged 
at  London,  within  the  space  of  nine  months  from  the  date  hereof. 

In  testimony  whereof  the  Plenipotentiaries  before  mentioned  have 
hereunto  subscribed  their  names  and  affixed  their  seals. 

Done  at  London  the  twenty-first  day  of  October,  in  the  year  one 
thousand  eight  hundred  and  sixty-two. 

[seal.] 

[seal.] 


Charles  Francis  Adams. 
Stephen  Allen  Benson. 


LUBEC. 

(SEE  HANSEATIC  REPUBLICS.) 


EUXEMBUBG. 

1883. 


Extradition  Convention. 

Concluded  October  £9,  1883;  ratification  advised  by  the  Senate  July 
4,  188^;  ratified  by  the  President  July  5,  1881^.;  ratifications  ex- 
changed July  1884;  proclaimed  August  12,  1884. 

Articles. 


I.  Delivery  of  accused. 

II.  Extraditable  crimes. 

III.  Trials  of  persons  surrendered. 

IV.  Political  offenses. 

Y.  Delivery  of  citizens. 

VI.  Persons  under  arrest. 


VII.  Procedure. 

VIII.  Expenses. 

IX.  Limitations. 

X.  Articles  in  possession  of  accused. 

XI.  Duration;  ratification. 


The  United  States  of  America  and  His  Majesty  the  Kin^  of  the 
Netherlands,  Grand  Duke  of  Luxemburg,  having  judged  it  expe- 
dient, with  a view  to  the  better  administration  of  justice  and  the 
prevention  of  crime  within  their  respective  territories  and  jurisdic- 
tions, that  persons  charged  with  or  convicted  of  the  crimes  and 
offenses  hereinafter  enumerated,  and  being  fugitives  from  justice, 
should,  under  certain  circumstances  be  reciprocally  delivered  up, 
have  resolved  to  conclude  a convention  for  that  purpose  and  have 
appointed  as  their  Plenipotentiaries: 

The  President  of  the  United  States  of  America,  Mr.  A.  A.  Sar- 
gent, His  Envoy  Extraordinary  and  Minister  Plenipotentiary  to  His 
Majesty  the  Emperor  of  Germany  at  Berlin;  and  His  Majesty  the 
King  of  the  Netherlands,  Grand  Duke  of  Luxemburg,  Dr.  Paul 
Eyschen,  His  Director  general  of  the  Department  of  justice  and 
Charge  d’Affaires  of  the  Grand  Duchy  of  Luxemburg  at  Berlin, 
Chevalier  of  the  2nd  Class  of  the  Order  of  the  Golden  Lion  of  the 
House  of  Nassau,  Commander  of  the  Order  of  the  Crown  of  Oak 
and  of  that  of  the  Lion  of  the  Netherlands,  &c,  &c,  &c. 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers,  found  in  good  and  due  form,  have  agreed  upon  and  con- 
cluded the  following  articles: 

Article  I. 


The  Government  of  the  United  States  and  the  Government  of  Lux- 
emburg mutually  agree  to  deliver  up  persons  who,  having  been 
charged  as  principals  or  accessories,  with  or  convicted  of  any  of  the 

1053 


1054 


TREATIES,  CONVENTIONS,  ETC. 


crimes  and  offenses  specified  in  the  following  article,  committed 
within  the  jurisdiction  of  one  of  the  contracting  parties,  shall  seek  an 
asylum  or  be  found  within  the  territories  of  the  other.  Provided 
that  this  shall  only  be  done  upon  such  evidence  of  criminality  as,  ac- 
cording to  the  laws  of  the  place  where  the  fugitive  or  person  so 
charged  shall  be  found,  would  justify  his  or  her  apprehension  and 
commitment  for  trial  if  the  crime  had  been  there  committed. 

Article  II. 

Persons  shall  be  delivered  up  who  shall  have  been  convicted  of  or 
be  charged,  according  to  the  provisions  of  the  convention,  with  any 
of  the  following  crimes: 

1°.  Murder,  comprehending  the  crimes  designated  in  the  penal 
code  of  Luxemburg  by  the  terms  of  parricide,  assassination,  poisoning 
and  infanticide; 

2°.  The  attempt  to  commit  murder; 

3°.  Rape,  or  attempt  to  commit  rape,  bigamy,  abortion; 

4°.  Arson; 

5°.  Piracy  or  mutiny  on  shipboard  whenever  the  crew  or  part 
thereof  shall  have  taken  possession  of  the  vessel  by  fraud  or  violence 
against  the  commander; 

6°.  The  crime  of  burglary  defined  to  be  the  act  of  breaking  and 
entering  by  night  into  the  house  of  another  with  the  intent  to  commit 
felony ; and  the  crime  of  robbery,  defined  to  be  the  act  of  feloniously 
and  forcibly  taking  from  the  person  of  another  money  or  goods  by 
violence  or  putting  him  in  fear;  and  the  corresponding  crimes  pun- 
ished by  the  laws  of  Luxemburg  under  the  description  of  thefts 
committed  in  an  inhabited  house  by  night  and  by  breaking  in,  by 
climbing  or  forcibly ; and  thefts  committed  with  violence  or  by  means 
of  threats. 

7°.  The  crime  of  forgery  by  which  is  understood  the  utterance  of 
forged  papers,  and  also  the  counterfeiting  of  public,  sovereign  or 
governmental  acts; 

8°.  The  fabrication  or  circulation  of  counterfeit  money,  either  coin 
or  paper,  or  of  counterfeit  public  bonds,  coupons  of  the  public  debt, 
bank-notes,  obligations,  or,  in  general,  anything  being  a title  or  instru- 
ment of  credit;  the  counterfeiting  of  seals  and  dies,  impi'essions, 
stamps,  and  marks  of  State  and  public  administrations  and  the  utter- 
ance thereof; 

9°.  The  embezzlement  of  public  moneys  committed  within  the  juris- 
diction of  either  party  by  public  officers  or  depositaries ; 

10°.  Embezzlement  by  any  person  or  persons  hired  or  salaried  to 
the  detriment  of  their  employers,  when  the  crime  is  subject  to  punish- 
ment by  the  laws  of  the  place  where  it  was  committed ; 

11°.  Wilful  and  unlawful  destruction  or  obstruction  of  rail-roads 
which  endangers  human  life; 

12°.  Reception  of  articles  obtained  by  means  of  one  of  the  crimes 
or  offenses  provided  for  by  the  present  convention. 

Extradition  may  also  be  granted  for  the  attempt  to  commit  any  of 
the  crimes  above  enumerated,  when  such  attempt  is  punishable  by  the 
laws  of  both  contracting  parties. 


LUXEMBURG 1883. 


1055 


Article  III. 

A person  surrendered  under  this  convention  shall  not  be  tried  or 
punished  in  the  country  to  which  his  extradition  has  been  granted, 
nor  given  up  to  a third  power  for  a crime  or  offense  not  provided  for 
by  the  present  convention  and  committed  previously  to  his  extradi- 
tion, until  he  shall  have  been  allowed  one  month  to  leave  the  country 
after  having  been  discharged;  and,  if  he  shall  have  been  tried  and 
condemned  to  punishment,  he  shall  be  allowed  one  month  after  having 
suffered  his  penalty  or  having  been  pardoned. 

He  may  however  be  tried  or  punished  for  any  crime  or  offense  pro- 
vided for  by  this  convention  committed  previous  to  his  extradition, 
other  than  that  which  gave  rise  to  the  extradition,  and  notice  of  the 
purpose  to  so  try  him,  with  specification  of  the  offense  charged,  shall 
be  given  to  the  Government  which  surrendered  him,  which  may,  if 
it  think  proper,  require  the  production  of  one  of  the  documents  men- 
tioned in  article  7 of  this  convention. 

The  consent  of  that  government  shall  be  required  for  the  extradi- 
tion of  the  accused  to  a third  country;  nevertheless  such  consent  shall 
not  be  necessary  when  the  accused  shall  have  asked  of  his  own  accord 
to  be  tried  or  to  undergo  his  punishment,  or  when  he  shall  not  have 
left  within  the  space  of  time  above  specified  the  territory  of  the 
country  to  which  he  has  been  surrendered. 

Article  IV. 

The  provisions  of  this  convention  shall  not  be  applicable  to  persons 
guilty  of  any  political  crime  or  offense  or  of  one  connected  with  such 
a crime  or  offense.  A person  who  has  been  surrendered  on  account 
of  one  of  the  common  crimes  or  offenses  mentioned  in  article  2,  shall 
consequently  in  no  case  be  prosecuted  and  punished  in  the  State  to 
which  his  extradition  has  been  granted  on  account  of  a political  crime 
or  offense  committed  by  him  previously  to  his  extradition  or  on 
account  of  an  act  connected  with  such  a political  crime  or  offense,  un- 
less he  has  been  at  liberty  to  leave  the  country  for  one  month  after 
having  been  tried,  and,  in  case  of  condemnation,  for  one  month  after 
having  suffered  his  punishment  or  having  been  pardoned. 

An  attempt  against  the  life  of  the  head  of  a foreign  government  or 
against  that  of  any  member  of  his  family,  when  such  attempt  com- 
prises the  act  either  of  murder  or  assassination  or  of  poisoning,  shall 
not  be  considered  a political  offense  or  an  act  connected  with  such  an 
offense. 

Article  V. 

Neither  of  the  contracting  parties  shall  be  bound  to  deliver  up  its 
own  citizens  or  subjects  under  the  stipulations  of  this  convention. 

Article  VI. 

If  the  person  whose  surrender  may  be  claimed  pursuant  to  the 
stipulations  of  the  present  treaty  shall  have  been  arrested  for  the 
commission  of  offenses  in  the  country  where  he  has  sought  an  asylum, 
or  shall  have  been  convicted  thereof,  his  extradition  may  be  deferred 
until  he  shall  have  been  acquitted,  or  have  served  the  term  of  impris- 
pmnent  to  which  he  may  have  been  sentenced. 


1056 


TREATIES,  CONVENTIONS,  ETC. 


Article  VII. 

Requisitions  of  the  surrender  of  fugitives  from  justice  shall  always 
be  made  through  a diplomatic  channel. 

If  the  person  whose  extradition  may  be  asked  for  shall  have  been 
convicted  of  a crime  or  offense,  a copy  of  the  sentence  of  the  court 
in  which  he  may  have  been  convicted,  authenticated  under  its  seal 
and  attestation  of  the  official  character  of  the  judge  by  the  proper 
executive  authority ; and  of  the  latter  by  the  minister  or  consul  of  the 
United  States  or  by  the  minister  or  consul  charged  with  the  interests 
of  Luxemburg,  respectively,  shall  accompany  the  requisition.  Vdien, 
however,  the  fugitive  shall  have  been  merely  charged  with  crime, 
a duly  authenticated  copy  of  the  warrant  for  his  arrest  in  the  country 
where  the  crime  may  have  been  committed,  and  of  the  depositions 
upon  which  such  warrant  may  have  been  issued,  must  accompany 
the  requisition  as  aforesaid.  The  President  of  the  United  States  or 
the  proper  authority  in  Luxemburg  may  then  issue  a warrant  for  the 
apprehension  of  the  fugitive,  in  order  that  he  may  be  brought  before 
the  proper  judicial  authority  for  examination.  If  it  should  then  be 
decided  that,  according  to  the  law  and  the  evidence,  the  extradition 
is  due  pursuant  to  the  ti-eaty,  the  fugitive  may  be  given  up  according 
to  the  forms  prescribed  in  such  cases. 

Article  VIIL 

The  expenses  of  the  arrest,  detention  and  transportation  of  the 
persons  claimed  shall  be  paid  by  the  government  in  whose  name  the 
requisition  has  been  made. 


Article  IX. 

Extradition  shall  not  be  granted  in  pursuance  of  the  provisions  of 
this  convention,  if  legal  proceedings  or  the  enforcement  of  the  penalty 
for  the  act  committed  by  the  person  claimed,  has  become  barred  by 
limitation,  according  to  the  laws  of  the  country  to  which  the  requisi- 
tion is  addressed. 

Article  X. 

All  articles  found  in  the  possession  of  the  accused  party  and 
obtained  through  the  commission  of  the  act  with  which  he  is  charged, 
or  that  may  be  used  as  evidence  of  the  crime  for  which  his  extradi- 
tion is  demanded,  shall  be  seized  if  the  competent  authority  shall  so , 
order,  and  shall  be  surrendered  with  his  person. 

The  rights  of  third  parties  to  the  articles  so  found  shall  neverthe- 
less be  respected. 

Article  XI. 

The  present  convention  shall  take  effect  thirty  days  after  the  ex- 
change of  ratifications. 

It  may  be  terminated  by  either  of  the  contracting  parties,  but  shall 
remain  in  force  for  six  months  after  notice  has  been  given  for  its 
termination. 

It  shall  be  ratified  and  its  ratifications  shall  be  exchanged  as  soon 
as  possible. 


LUXEMBUEG 1883-1904. 


1057 


In  witness  whereof  the  respective  plenipotentiaries  have  signed 
the  above  articles  both  in  the  English  and  French  languages,  and 
they  have  thereunto  affixed  their  seals. 

Done,  in  duplicate,  at  the  city  of  Berlin,  this  29th  day  of  October, 
A.  D.  1883. 

[seal.]  a.  a.  Sargent, 

[seal.]  Paul  Eyschen. 


1904. 

Declaration  for  the  Protection  of  Trade-Marks. 

Signed  at  Luitemburg^  December  £3,  lOOJf.;  signed  at  The  Hague^  De- 
cember ^7,  190 Jt,;  ratification  advised  by  the  Senate,  February  3, 
1905;  ratified  by  the  President,  March  15,  1905;  'proclaimed, 
March  15, 1905. 


Articles. 

I.  Reciprocal  protection.  | III.  Ratification. 

II.  Formalities  to  be  fulfilled.  I 

DECLARATION. 

The  Government  of  the  United  States  of  America  and  the  Govern- 
ment of  the  Grand  Duchy  of  Luxemburg  being  desirous  of  securing 
a complete  and  effective  protection  of  the  manufacturing  industry  of 
the  citizens  and  subjects  of  the  two  countries,  the  undersigned,  being 
duly  authorized  to  that  effect,  have  agreed  upon  the  following 
provisions. 

Article  I. 

The  subjects  and  citizens  of  each  of  the  high  contracting  parties 
shall  enjoy  in  the  dominions  and  possessions  of  the  other  the  same 
rights  as  are  given  to  native  subjects  or  citizens  in  matters  relating  to 
trade-marks. 

Article  II. 

In  order  to  secure  to  their  marks  the  protection  stipulated  for  by 
the  preceding  article,  American  citizens  in  the  Grand  Duchy  of  Lux- 
emburg and  Luxemburg  subjects  in  the  United  States  of  America 
must  fulfil  the  formalities  prescribed  to  that  effect  by  the  laws  and 
regulations  of  the  country  in  which  the  protection  is  desired. 

Article  III. 

The  present  arrangement  shall  take  effect  from  the  date  of  its 
official  publication  in  the  two  countries  and  shall  remain  in  force 
until  the  expiration  of  twelve  months  immediately  following  a de- 
nunciation made  by  one  or  the  other  of  the  contracting  parties. 

In  witness  whereof,  the  undersigned  have  signed  the  present  Dec- 
laration and  have  thereto  affixed  their  seals. 

Done  in  duplicate  at  Luxemburg,  the  23,  and  in  the  Hague,  the 
27  December  1904. 

Stanford  Newel  [seal.] 
Eyschen  [seal.] 

24449— VOL  1—10 67 


MADAGASCAK 


Madagascar  having  become  a colony  of  France,  the  treaties  of  1867 
and  1881  have  become  obsolete. 


1867.“ 


Treaty  of  Commerce  and  Navigation. 


Concluded  Fehruary  11^.^  1867 ; ratijication  advised  hy  the  Senate  Janu- 
ai'y  20^  1868;  ratifed  hy  the  President  January  1868;  rati-fica- 
tions  exchanged  July  8, 1868;  proclaimed  October  7, 1868. 

Articles. 


I.  Amity. 

II.  Rights  of  person  and  property. 

III.  Tariff  duties. 

IV.  Consuls. 


V.  Privileges  of  citizens. 
VI.  Vessels;  deserters. 
VII.  Shipwrecks. 

VIII.  Ratification. 


Between  Rainimaharavo,  Chief  Secretary  of  State,  16  vtra.,  Andri- 
antsitohaina,  16  vtra.,  Eafaralahibemalo,  head  of  the  civilians,  on  the 
part  of  the  Government  of  Her  Majesty  the  Queen  of  Madagascar, 
and  Major  John  P.  Finkelmeier,  the  Comercial  Agent  of  the  U.  S. 
for  Madagascar,  on  the  part  of  the  Government  of  the  U.  S.  of  Amer- 
ica, all  duly  authorized  to  that  effect  by  their  respective  Governments, 
the  following  articles  of  a comercial  treaty  have  this  day  been  drawn 
up  and  signed  by  mutual  agreement : 

I. 


Her  Majesty  Rasoherina  Manjaka,  Queen  of  Madagascar,  and  his 
Excellency  Andrew  Johnson,  President  of  the  U.  S.  of  America,  both 
desirous,  for  the  good  and  welfare  of  their  respective  countries,  to 
enter  into  a more  close  comercial  relation  and  friendship  between 
the  subjects  of  Her  Majesty  and  the  people  of  the  U.  S.,  hereby  sol- 
emnly declare  that  peace  and  good  friendship  shall  exist  between 
them  and  their  respective  heirs  and  successors  forever  without  war. 

II. 


The  dominions  of  each  contracting  party,  as  well  as  the  right  of 
domicil  of  their  inhabitants,  are  sacred ; and  no  forcible  possession  of 
territory  shall  ever  take  jilace  in  either  of  them  by  the  other  party, 
nor  any  domiciliary  visits  or  forcible  entries  be  made  to  the  houses  of 


“ This  treaty  was  superseded  by  the  treaty  of  1881. 

1058 


MADAGASCAK — ^1867. 


1059 


either  party  against  the  will  of  the  occupants.  But  whenever  it  is 
known  for  certain,  or  suspected,  that  transgressors  against  the  laws 
of  the  Kingdom  are  in  certain  premises,  they  may  be  entered  in  con- 
cert with  the  U.  S.  Consul,  or,  in  his  absence,  by  a duly  authorized 
officer,  to  look  after  the  offender. 

The  right  of  sovereignty  shall  in  all  cases  be  respected  in  the  domin- 
ions of  one  Government  by  the  subjects  or  citizens  of  the  other. 
Citizens  of  the  U.  S.  of  America  shall,  while  in  Madagascar,  enjoy 
the  privilege  of  free  and  unmolested  exercise  of  the  Christian  religion 
and  its  customs;  new  places  of  worship,  however,  shall  not  be  builded 
by  them  without  the  permission  of  the  Government. 

They  shall  enjoy  full  and  complete  protection  and  security  for 
themselves  and  their  property,  equally  with  the  subjects  of  Mada- 
gascar; the  right  to  lease  or  rent  land,  houses,  or  storehouses  for  a 
term  of  months  or  years  mutually  agreed  upon  between  the  owners 
and  American  citizens;  build  houses  and  magazines  on  land  leased 
by  them,  in  accordance  with  the  laws  of  Madagascar  for  buildings; 
hire  labourers,  not  soldiers,  and  if  slaves,  not  without  permission  of 
their  masters. 

Should  the  Queen,  however,  require  the  services  of  such  labourers, 
or  if  they  should  desire,  on  their  own  account,  to  leave,  they  shall  be 
at  liberty  to  do  so,  and  be  paid  up  to  the  time  of  leaving,  on  giving 
previous  notice. 

Contracts  for  renting  or  leasing  land  or  houses  or  hiring  labourers 
may  be  executed  by  deeds  signed  before  the  U.  S.  Consul  and  the  local 
authorities.  They  also  shall  be  permitted  to  trade  or  pass  with  their 
merchandise  through  all  parts  of  Madagascar  which  are  under  the 
controle  of  a Governor,  duly  appointed  by  Her  Majesty,  with  the 
exception  of  Ambohimanga,  Ambohimanambola,  and  Amparafara- 
vato,  which  places  foreigners  are  not  permitted  to  enter,  and,  in  fact, 
be  entitled  to  all  privileges  of  comerce  granted  to  other  favoured 
nations. 

The  subjects  of  Her  Majesty  the  Queen  of  Madagascar  shall  enjoy 
the  same  privileges  in  the  U.  S.  of  America. 

III. 

Comerce  between  the  people  of  America  and  Madagascar  shall  be 
perfectly  free,  with  all  the  privileges  under  which  the  most  favoured 
nations  are  now  or  may  hereafter  be  trading.  Citizens  of  America 
shall,  however,  pay  a duty,  not  exceeding  ten  per  cent,  on  both  export 
and  import  in  Madagascar,  to  be  regulated  by  a tariff  mutually  agreed 
upon,  with  the  following  exceptions:  Munition  of  war,  to  be  im- 
ported only  by  the  Queen  of  Madagascar  into  her  dominions,  or  by 
her  order.  Prohibited  from  export  by  the  laws  of  Madagascar  are 
munition  of  war,  timber,  and  cows.  No  other  duties,  such  as  ton- 
nage, pilotage,  quarantine,  light-house  dues,  shall  be  imposed  in 
ports  of  either  country  on  the  vessels  of  the  other  to  which  national 
vessels  or  vessels  of  the  most  favoured  nations  shall  not  equally  be 
liable. 

Ports  of  Madagascar,  where  there  is  no  military  station  under  the 
controle  of  a Governor,  must  not  be  entered  by  U.  S.  vessels. 


1060  TREATIES,  CONVENTIONS,  ETC. 

IV. 

Each  contracting  party  may  appoint  consuls,  to  reside  in  the  do- 
minions of  each  other,  who  shall  enjoy  all  privileges  granted  to  con- 
suls of  the  most  favoured  nations,  to  be  witness  of  the  good  relation- 
ship existing  between  both  nations  and  to  regulate  and  protect  com- 
merce. 

V. 

Citizens  of  the  U.  S.  who  enter  Madagascar,  and  subjects  of  Her 
Majesty  the  Queen  of  Madagascar,  while  sojourning  in  America,  are 
subject  to  the  laws  of  trade  and  comerce  in  the  respective  countries. 
In  regard  to  civil  rights,  however,  whether  of  person  or  property, 
of  American  citizens,  or  in  cases  of  criminal  offences,  they  shall  be 
under  the  exclusive  civil  and  criminal  jurisdiction  of  their  own  con- 
sul only,  duly  invested  with  the  necessary  power. 

But  should  any  American  citizen  be  guilty  of  a serious  criminal 
offence  against  the  laws  of  Madagascar,  he  shall  be  liable  to  banish- 
ment from  the  country. 

All  disputes  and  differences  arising  within  the  dominions  of  Her 
Majesty  between  citizens  of  the  U.  S.  and  subjects  of  Madagascar 
shall  be  decided  before  the  U.  S.  Consul  and  an  officer  duly  authorized 
by  Her  Majesty’s  Government  who  shall  afford  mutual  assistance  and 
every  facility  to  each  other  in  recovering  debts. 

VI. 

No  American  vessel  shall  have  communication  with  the  shore  before 
receiving  pratique  from  the  local  authorities  of  Madagascar,  nor  shall 
any  subject  of  Her  Majesty  the  Queen  be  permitted  to  embark  on 
board  of  an  American  vessel  without  a passport  from  Her  Majesty’s 
Government. 

In  cases  of  mutiny  or  desertion,  the  local  authorities  shall,  on  appli- 
cation, render  all  necessary  assistance  to  the  American  Consul  to 
bring  back  the  deserters  and  to  re-establish  discipline,  if  possible, 
among  the  crew  of  a merchant-vessel. 

VII. 

In  case  of  a shipwreck  of  an  American  vessel  on  the  coast  of  Mada- 
gascar, or  if  any  such  vessel  should  be  attacked  or  plundered  in  the 
waters  of  Madagascar  adjacent  to  any  military  station,  Her  Majesty 
engages  to  order  the  Governor  to  grant  every  assistance  in  his  power 
to  secure  the  property  and  to  restore  it  to  the  owner  or  to  the  U.  S. 
Consul,  if  this  be  not  impossible. 

VIIL 

The  above  articles  of  treaty,  made  in  good  faith,  shall  be  submitted 
to  both  the  Government  of  the  U.  S.  of  America  and  Her  jNIajesty  the 
Queen  of  Madagascar  for  ratification,  and  such  ratifications  be  ex- 
changed within  six  months  from  date  of  ratification,  at  Antananarivo. 

Should  it,  at  any  future  time,  seem  desirable,  in  the  interest  of 
either  of  the  contracting  parties,  to  alter  or  add  to  the  present  treaty. 


MADAGASCAE — ^1867-1881. 


1061 


such  alterations  or  additions  shall  be  effected  with  the  consent  of  both 
parties. 

Duplicate  originals  of  this  treaty,  with  corresponding  text  in  the 
English  and  Malagasy  languages,  which  shall  be  both  of  equal  au- 
thority, have  been  signed  and  sealed  at  Antananarivo  this  day. 

SUPPLEMENTARY  ARTICLE  TO  § II. 

P.  S. — Should  there  be  any  business  of  the  Queen  requiring  the 
services  of  such  labourers,  they  shall  be  permitted  to  leave  without 
giving  previous  notice.  The  sentence  in  Article  II,  stating  that  pre- 
vious notice  must  be  given,  refers  only  to  labourers  leaving  on  their 
own  account. 

[seal.]  J.  P.  Finkelmeier,  TJ . S.  G.  A. 

[seal.]  Rainimaharavo, 

Chief  Secretary  of  State,  16  vtra. 
Andriantsitohaina,  16  vtra. 
Raearalahibemalo, 

Loholona  Chihe  amy  ny  Brz. 

Antananarivo,  IJfth  February,  1867. 


1881.“ 

Treaty  of  Friendship  and  Commerce. 

Concluded  May  13,  1881 ; ratification  advised  Toy  the  Senate  Febru- 
ary 27 , 1883;  ratif.ed  Toy  the  President  March  10, 1883;  ratifications 
exchanged  March  12,  1883;  'proclaimed  March  13,  1883. 


Articles. 


I.  Friendship. 

II.  Rights  of  domicile,  etc. 

III.  Personal  and  property  rights. 

IV.  Commerce,  etc. 

V.  Consuls. 

VI.  Civil  rights. 

VII.  Sanitary  regulations,  passports, 
etc. 


VIII.  Shipwrecks,  etc. 

IX.  American  goods  shipped  to. 

X.  Development  of  industries. 

XI.  Taxes. 

XII.  Ratification. 


MTiereas  a treaty  of  friendship  and  commerce  between  the  Govern- 
ment of  Madagascar  and  the  Government  of  the  United  States  of 
America  was  concluded  on  the  fourteenth  of  February,  1867,  at 
Antananarivo,  the  capital  of  Madagascar,  under  which  the  most 
friendly  relations  between  the  two  have  existed  up  to  the  present 
time;  and  whereas  Her  Majesty  Ranavalomanjaka,  Queen  of  Mada- 
gascar, and  his  Excellency  James  A.  Garfield,  President  of  the 


“This  treaty  became  obsolete  when  the  sovereignty  of  France  was  extended 
over  Madagascar,  and  was  replaced  by  “ the  whole  of  the  conventions  con- 
cluded between  France  and  the  United  States.” — Note  of  July  22,  1896,  from 
the  French  ambassador  to  the  Secretary  of  State. 


1062 


TREATIES,  CONVENTIONS,  ETC. 


United  States  of  America,  are  both  desirous,  for  the  good  and  wel- 
fare of  their  respective  countries,  to  maintain  the  present  friendly 
relations,  and  to  expand  the  commerce  between  the  two  countries; 
to  prevent  as  far  as  possible  complications  and  disputes  between  their 
respective  subjects  and  citizens,  and  to  provide  more  definitely  the 
manner  of  executing  the  obligations  of  the  treaty  and  the  adjust- 
ments of  disputes  that  may  arise  in  the  future,  the  following  articles 
of  revision  and  addition  to  the  treaty  of  the  fourteenth  of  February, 
18G7,  have  been  mutually  agreed  to  and  signed  by  Ravoninahitrini- 
arivo  15th  Honor,  Officer  of  the  Palace,  Chief  Secretary  of  State  for 
Foreign  Affairs,  on  the  part  of  the  Government  of  Madagascar;  and 
W.  W.  Robinson,  United  States  Consul  for  Madagascar,  on  the  part 
of  the  Government  of  the  United  States  of  America,  on  the  thirteenth 
day  of  May  (seventeenth  of  Alakaosy)  eighteen  hundred  and  eighty- 
one. 

Article  I. 

The  high  contracting  parties  solemnly  declare  that  there  shall  con- 
tinue to  be  a firm,  inviolate  peace,  and  a true  and  sincere  friendship 
existing  between  them  and  their  respective  heirs  and  successors  for- 
ever without  war. 

Article  II. 

1.  The  dominions  of  each  contracting  party  as  well  as  the  right  of 
domicile  of  their  inhabitants  are  sacred,  and  no  forcible  possession 
of  territory  shall  ever  take  place  in  either  of  them  by  the  other 
party,  nor  any  domiciliary  visits  nor  forcible  entries  be  made  to,  or 
espionage  of,  the  houses  of  either  party  against  the  will  of  the  occu- 
pants, except  as  hereinafter  provided  in  Article  VI,  sects.  4 and  23. 

2.  The  right  of  sovereignty  shall  in  all  cases  be  respected  in  the 
dominions  of  one  government  by  the  subjects  or  citizens  of  the  other. 

3.  Citizens  and  proteges  of  the  United  States  of  America  will 
respect  the  government  of  Ranavalomanjaka,  and  that  of  her  heirs 
and  successors,  and  will  not  interfere  with  the  institutions  of  the 
country,  nor  meddle  with  affairs  of  Her  Majesty’s  Government, 
unless  employed  by  Her  Majesty. 

4.  The  dominions  of  Her  Majesty  the  Queen  of  Madagascar  shall 
be  understood  to  mean  the  whole  extent  of  Madagascar;  and  United 
States  vessels  and  citizens  shall  not  aid  Her  Majesty’s  subjects  in 
rebellion,  nor  sell  munitions  of  war  to  them,  nor  bring  them  help 
in  warfare,  or  teach  the  art  of  war  to  them ; and  the  same  shall  apply 
to  rebels  against  the  heirs  and  successors  of  Her  Majesty  within  the 
dominions  of  Madagascar. 

5.  Citizens  and  proteges  of  the  United  States  of  America,  while  in 
Madagascar,  shall  enjoy  the  privilege  of  free  and  unmolested  exercise 
of  their  respective  Christian  religious  opinions  and  customs;  new 
places  of  worship,  however,  shall  not  be  built  by  them  without  the 
permission  of  the  Government  of  Madagascar. 

6.  Citizens  and  proteges  of  the  United  States  of  America  while  in 
Madagascar  shall  enjoy  full  and  complete  protection  and  security 
for  themselves  and  their  property  equally  with  the  subjects  of 
Madagascar. 


MADAGAS  CAE 1881. 


1063 


Abticle  III. 

1.  According  to  the  laws  of  Madagascar  from  all  time,  Malagasy 
lands  cannot  be  sold  to  foreigners,  and,  therefore,  citizens  and  pro- 
teges of  the  United  States  of  America  are  prohibited  from  pur- 
chasing lands  in  Madagascar;  but  still  they  shall  be  permitted  to 
lease  or  rent  lands,  houses,  or  storehouses  for  a term  of  months  or 
years,  mutually  agreed  upon  between  the  owners  and  United  States 
citizens,  not  exceeding  twenty-five  years  for  one  term ; but  the  lessee, 
or  owner  of  the  lease,  at  the  expiration  of  a term,  may,  if  he  should 
wish  to  do  so,  and  can  agree  with  the  lessor  (proprietor  of  the  land), 
renew  the  lease  by  periods  not  exceeding  twenty-five  years  for  any 
one  term;  and  the  conditions  agreed  upon  by  the  parties  for  such 
renewals  are  to  be  inserted  in  the  lease. 

However,  every  renewal  must  be  acknowledged  at  the  time  of  mak- 
ing it  before  the  proper  authorities,  as  hereinafter  provided  in  sec.  9 
of  this  article  for  executing  leases  for  lands  and  houses;  and  the 
same  fee  may  be  exacted. 

2.  United  States  citizens  and  proteges  shall  be  iDermitted  to  build 
houses  and  magazines,  of  any  material  desired,  on  land  leased  by 
them,  according  to  the  agreement  made  with  the  OAvner;  and  Avhen 
the  lease  contains  a condition  permitting  the  lessee  to  remove  the 
building  and  fixtures  so  constructed  by  him,  the  same  shall  be 
removed  within  three  months  after  the  final  expiration  of  the  lease; 
otherwise  they  shall  become  the  property  of  the  oAvner  of  the  land. 

3.  This  privilege  of  leasing  lands  and  building  thereon  by  United 
States  citizens  and  proteges  shall  not  be  construed  as  a right  to  build 
fortifications  of  whateA^er  nature,  nor  to  mine  on  the  lands;  and 
should  any  minerals  be  accidentally  found  on  such  lands,  they  are  to 
be  left  to  the  disposition  of  Her  Majesty’s  Government,  and  no  agree- 
ment will  be  valid  made  between  parties  to  avoid  this  clause  relative 
to  minerals. 

4.  United  States  citizens  and  proteges  who  wish  to  lease  tracts  of 
unappropriated  lands  in  Madagascar  may  lease  of  the  Malagasy 
Government,  under  the  same  rules  as  proAuded  above  in  this  article, 
secs.  1-3,  for  leasing  lands  of  Her  Majesty’s  subjects. 

6.  United  States  citizens  and  proteges  shall  be  allowed  to  hire 
laborers,  not  soldiers,  and,  if  slaves,  not  without  the  permission  of 
their  masters.  And  if  such  hired  laborers  should  desire  to  leave, 
they  shall  be  at  liberty  to  do  so,  and  be  paid  up  to  the  time  of  leaving 
on  giAung  one  month’s  previous  notice. 

6.  This  notice,  howcA^er,  shall  not  be  required  from  the  Govern- 
ment of  Madagascar,  when  Her  Majesty  the  Queen  shall  have  imme- 
diate and  unexpected  need  of  the  services  of  such  laborers;  but  the 
ofiicers  of  the  Government  in  taking  such  laborers  for  government 
service  will  avoid  taking  the  skilled  laborers — those  who  have  become 
habituated  to  the  special  avocations  in  which  they  are  employed— 
and  the  permanently  employed  servants,  when  the  circumstances  will 
admit.  And  the  Queen  calling  such  laborers  for  soldiers  or  other 
pressing  government  service,  shall  be  considered  as  the  circumstances 
under  which  they  may  be  taken  without  the  notice,  and  paid  up  to 
the  time  of  leaving. 


1064 


TREATIES,  CONVENTIONS,  ETC. 


The  above  restriction  is  intended  to  prevent  the  local  authorities 
from  taking  such  permanent  laborers  from  their  employers,  but  not 
to  interfere  with  the  right  of  Her  Majesty  the  Queen  of  Madagascar 
to  call  them  to  government  service  when  needed. 

7.  Mail  carriers,  and  bearers  of  dispatches,  and  bearers  of  freight, 
as  well  as  the  servants  and  bearers  of  travelers  employed  by  United 
States  citizens  and  proteges,  and  provided  with  passports  from  the 
Malagasy  Government,  will  not  be  taken  away  while  en  route,  but 
must  be  permitted  to  finish  their  journeys.  Nevertheless,  such  per- 
sons if  transgressing  the  law,  will  not  be  exempt  from  arrest  even 
while  on  the  journey. 

8.  Slaves  shall  be  allowed  to  engage  themselves  with  United  States 
citizens  and  proteges  for  short  periods,  where  their  masters  are  far 
away,  or  where  it  is  not  known  whether  they  are  slaves  or  not,  but 
if  they  are  demanded  by  their  masters  they  shall  be  allowed  to  leave, 
and  be  paid  up  to  the  time  of  leaving,  without  giving  the  one  month’s 
previous  notice. 

9.  Contracts  for  renting  or  leasing  lands  or  houses,  or  hiring  labor- 
ers, shall  be  executed  by  leases  for  lands  and  contracts  for  labor  in 
writing  which  shall  be  executed  before  the  United  States  consular 
officer  and  the  governor  of  the  district  where  such  consular  officer 
resides,  or  instead  of  said  governor  such  officer  as  he  may  delegate 
for  such  duty,  who,  when  satisfied  that  the  parties  have  the  right 
to  make  the  contract,  shall  approve  it  in  writing  signed  by  them, 
and  sealed  with  their  official  government  seals. 

10.  And  for  such  service  a fee  not  exceeding  two  dollars  ($2)  may 
be  exacted  for  each  official  seal.  But  when  the  period  contracted  for, 
for  labor  does  not  exceed  six  months,  procuring  this  official  approval 
shall  be  optional  with  the  parties. 

11.  And  the  United  States  consular  officer,  as  well  as  the  governor 
of  the  district  where  such  officer  resides,  or  any  other  local  officer  that 
may  be  designated  by  the  governor  for  that  purjiose,  shall  approve 
the  same  without  delay,  unless  it  be  in  the  case  of  some  unavoidable 
preventing  circumstances,  or  on  a day  when  official  business  is  stayed 
by  the  Queen  of  Madagascar. 

12.  On  lands  so  leased  by  American  citizens  and  proteges,  the 
American  lessee  shall  pay  to  Her  Majesty  an  annual  tax  of  two 
cents  per  English  square  acre  upon  lands  for  cultivation,  and  on 
town  lands  an  annual  tax  of  one-fourth  cent  per  English  square 
yard. 

13.  This  tax  shall  not  be  considered  as  payment  in  whole  or  in 
part  of  other  taxes  which  may  be  levied  on  such  United  States  citi- 
zens and  proteges,  or  the  citizens  and  subjects  of  other  nations  resid- 
ing in  Madagascar  and  Malagasy  subjects,  not  of  any  part  of  the 
export  duty  upon  the  productions  of  such  lands,  but  as  a special 
land  tax. 

14.  This  tax  shall  be  paid  once  each  year  in  the  month  which 
shall  be  fixed  by  the  government  for  its  payment;  and  the  officer 
who  shall  be  designated  to  receive  such,  shall  upon  reception  of  each 
tax  give  a receipt  therefor,  over  his  signature  and  official  seal,  men- 
tioning the  day,  month  and  year  on  which  it  was  received,  and  de- 
scribing the  land  upon  which  the  tax  is  paid,  and  for  what  year,  as 
a proof  of  payment. 


MADAGASCAE 1881. 


1065 


15.  Such  leases  may  be  transferred;  in  which  cases  notice  must 
be  given  to  the  government  authority  of  Madagascar. 

16.  Citizens  and  proteges  of  the  United  States  of  America  who 
come  to  Madagascar  must  present  a j^assport  from  their  government, 
or  from  some  consul,  certifying  their  nationality ; otherwise  they  are 
liable  to  be  prohibited  from  residing  in  Madagascar. 

17.  But  after  producing  such  passport,  they  shall  be  permitted 
to  follow  any  occupation  they  wish ; to  print  books  or  newspapers  of 
a moral  character,  or  any  books  or  periodicals  on  literary,  commer- 
cial, or  scientific  subjects,  provided  they  are  not  of  an  unlawful 
character;  but  shall  not  be  permitted  to  publish  seditious  criticisms 
upon  Her  Majesty’s  Government. 

18.  United  States  citizens  and  proteges  shall  be  permitted  to  pass 
with  or  without  merchandise,  with  their  bearers,  baggage,  carriers, 
and  servants,  through  all  parts  of  Madagascar  which  are  under  the 
control  of  a governor  duly  appointed  by  Her  Majesty  the  Queen 
of  Madagascar,  with  the  exception  of  Ambohmianga,  Ambohmian- 
ambola,  and  Amparafaravato,  which  places  foreigners  are  not  per- 
mitted to  enter;  and,  in  fact,  be  entitled  to  all  privileges  of  com- 
merce or  other  business,  calling  or  profession  granted  to  the  most 
favored  nation,  so  long  as  they  do  not -infringe  the  laws  of  Mada- 
gascar. 

19.  The  subjects  of  Her  Majesty  the  Queen  of  IMadagascar  shall 
enjoy  the  same  privileges  in  the  United  States  of  America. 

Article  IV. 

1.  Commerce  between  the  people  of  the  United  States  of  America 
and  Madagascar  shall  be  perfectly  free,  with  all  the  privileges  under 
which  the  most  favored  nations  are  now,  or  may  hereafter  be  trading. 

2.  Citizens  of  the  United  States  of  America  shall,  however,  pay  a 
duty  not  exceeding  ten  per  cent,  on  both  exports  and  imports  in 
Madagascar,  to  be  regulated  by  a tariff  to  be  mutually  agreed  upon. 

3.  No  other  duties,  such  as  tonnage,  pilotage,  quarantine,  or  light- 
house dues  shall  be  imposed  in  ports  of  either  country  on  the  vessels 
of  the  other,  to  which  national  vessels,  or  vessels  of  the  most  favored 
nations,  shall  not  equally  be  liable. 

4.  Until  Her  Majesty  the  Queen  shall  decide  to  collect  all  duties 
in  money,  the  import  duty  on  American  goods  may  be  paid  in  money 
or  in  kind,  on  each  kind  of  goods,  at  the  option  of  the  owner  or  con- 
signee, and  according  to  a tariff  that  shall  be  agreed  upon,  not  ex- 
ceeding ten  per  cent. 

5.  This  tariff  of  customs  dues  shall  be  drawn  up  by  the  United 
States  consul  and  an  officer  delegated  by  Her  Majesty’s  Government 
for  the  purpose,  within  three  months  after  the  exchange  of  the  rati- 
fication of  this  treaty,  and  shall  be  submitted  to  the  two  govern- 
ments for  approval ; and  the  same  shall  be  published  within  one  year 
from  the  date  of  the  exchange  of  the  ratification  of  this  treaty. 
And  this  tariff  may  be  revised  in  the  same  way,  in  whole  or  upon 
any  article  or  articles,  at  any  time,  upon  the  application  of  either 
government,  should  it  be  found  rated  too  high  or  too  low,  in  whole 
or  upon  any  one  article  or  articles  of  merchandise. 


1066 


TREATIES,  CONVENTIONS,  ETC. 


6.  In  case  any  article  of  import  or  export  should  be  inadvertently 
omitted  from  such  tariff,  the  duty  levied  on  such  article  shall  be  ten 
per  cent,  ad  valorem  until  the  proper  tariff  on  the  same  shall  be 
agreed  upon. 

7.  United  States  citizens  and  proteges  are  not  allowed  to  import- 
munitions  of  war  into  Madagascar,  except  on  orders  from  Her 
Majesty  the  Queen  of  Madagascar. 

8.  In  regard  to  alcoholic  liquors,  the  Malagasy  Government  may 
regulate  the  importation  according  to  its  pleasure;  or  prohibit  the 
importation  altogether;  or  limit  the  importation  as  required;  may 
levy  as  high  a duty  as  it  may  see  fit,  or  make  it  a misdemeanor  to 
sell  or  give  such  liquors  to  certain  classes  of  its  subjects. 

9.  And  should  it  be  found  at  any  time  that  any  other  articles  of  an 
injurious  nature,  tending  to  the  injury  of  the  health  or  morals  of  Her 
Majesty’s  subjects,  are  being  imported.  Her  Majesty’s  Government 
shall  have  the  right  to  control,  restrict  or  prohibit  the  importation  in 
like  manner,  after  giving  due  notice  to  the  United  States  Govern- 
ment. 

10.  Prohibited  from  export  by  the  laws  of  Madagascar  are  timber 
and  cows.  Timber,  however,  may  be  exported  by  Her  Majesty  the 
Queen  of  Madagascar,  or  by  her  order. 

11.  Ports  of  Madagascar,  where  there  is  no  military  station  under 
the  control  of  a governor  duly  appointed  by  Her  Majesty  the  Queen 
of  Madagascar,  must  not  be  entered  by  United  States  vessels  for  pur- 
poses of  trade ; should  they  do  so,  they  will  be  treated  as  smugglers. 

12.  And  Pier  Majesty’s  Government  will  not  be  responsible  for 
damciage  by  robbery  of,  or  other  malfeasance  to  United  States  citi- 
zens or  protegfe  in  districts  where  there  are  no  governors,  nor  other 
officers  or  soldiers  duly  appointed  by  Her  Majesty’s  Government, 
should  such  United  States  citizens  go  into  such  districts  without 
special  permits. 

13.  Goods  which  have  been  duly  entered  and  duties  paid  thereon 
at  a regular  port  of  entry,  may  be  carried  to  other  ports  in  United 
States  coasting  vessels  and  landed  without  further  payment,  on  pres- 
entation of  invoices  of  the  same,  duly  certified  by  the  chief  collector 
of  customs  at  the  port  of  entry,  showing  that  the  duties  have  been 
paid. 

T4.  Vessels  entering  Malagasy  ports  which  are  not  ports  of  entry 
for  the  purpose  of  trade,  will  be  seized;  the  masters  and  crews  will 
be  treated  as  smugglers,  and  the  vessel  and  cargo  will  be  confiscated. 

15.  It  is  further  agreed  between  the  high  contracting  parties  that 
the  offering  of  a forged  passport  or  one  surreptitiously  obtained,  for 
entry  of  goods  at  any  of  Her  Majesty’s  ports,  or  being  in  any  manner 
knowingly  concerned  in  such  fraudulent  passports  or  invoices,  either 
by  making,  or  buying,  or  selling  the  same,  or  by  offering  to  enter 
goods  by  means  of  the  same,  shall  be  considered  a felony,  and  the  per- 
son or  persons  found  guilty  of  such  an  offense,  whether  American  or 
Malagasy,  shall  be  punished  by  imprisonment  or  fine  or  both  accord- 
ing to  the  aggravation  of  the  offence,  as  hereinafter  provided  by 
Article  VI. ; and  this  in  addition  to  the  penalty  for  smuggling  when 
goods  have  been  smuggled,  or  attempt  has  been  made  to  smuggle,  by 
means  of  such  fraudulent  passports  or  invoice. 

16.  United  States  vessels  of  war  shall  be  permitted  to  enter  freely 
into  the  militarj'^  ports,  rivers,  and  creeks  situated  in  the  dominions 


MADAGASCAR — 1881. 


1067 


of  Her  Majesty  the  Queen  of  Madagascar,  to  make  repairs  and  to 
provide  themselves,  at  a fair  and  moderate  price,  such  supplies,  stores 
and  provisions  as  they  may  from  time  to  time  need,  including  timber 
for  necessary  repairs,  without  payment  of  duty. 

17.  On  account  of  Her  Majesty  the  Queen  of  Madagascar’s  desire 
to  facilitate  communication  between  the  United  States  and  Mada- 
gascar and  thereby  to  advance  commerce  between  the  two  coun- 
tries. the  United  States  Government  and  United  States  private  steam- 
ship companies  are  hereby  granted  the  privilege  to  land  and  deposit 
coal  for  the  use  of  the  United  States  Government  and  private  steam- 
ers at  Tamatave  or  Mojanga,  or  both,  on  land  designated  by  the  gov- 
ernor for  that  purpose,  and  to  take  the  same  away  again  from  time 
to  time  for  the  use  of  such  steamers,  without  pajunent  of  duties  or 
harbor  charges  of  any  kind;  but  a nominal  rent  of  five  cents  a ton 
shall  be  paid  per  annum  as  rent  for  the  land  on  which  it  may  be 
stored.  This  privilege  shall  continue  until  coal  of  Madagascar  pro- 
duction in  sufficient  quantity  for  such  steamers  can  be  bought.  But 
should  any  of  the  vessels  bringing  such  coal,  or  any  of  the  steamers 
taking  the  same  away,  bring  goods  to  sell  at  such  port,  or  take  goods 
from  the  same,  such  vessel  must  pay  the  same  duty  and  harbor 
charges  as  other  merchant  vessels  except  on  the  coal.  And  should  auy 
of  such  coal  be  sold  in  Madagascar,  dut}’^  must  be  paid  on  the  quantity 
so  sold. 

Article  V. 

1.  The  contracting  parties  may  appoint  consular  officers  of  any  or 
of  all  grades  to  reside  in  the  dominions  of  the  other,  and  such  con- 
sular officers  shall  be  granted  all  the  rights  and  privileges  granted  to 
functionaries  of  like  grades  of  the  most  favored  nation,  as  witnesses 
of  the  good  relations  existing  between  the  two  nations,  and  to  regu- 
late and  protect  commerce. 

2.  The  President  of  tlie  United  States  of  America  may  send  a 
diplomatic  officer  of  any  grade  to  reside  in  Madagascar  who  shall 
enjoy  the  rights  and  privileges  provided  by  international  law  for  his 
grade. 

3.  The  Queen  of  Madagascar  shall  have  the  like  privilege  of  send- 
ing a diplomatic  officer  of  any  grade  to  the  United  States  of  America, 
and  he  shall  enjoy  there  likewise  all  the  rights  and  privileges  of  his 
grade  established  by  international  law. 

Article  VI. 

1.  Citizens  and  proteges  of  the  United  States  of  America,  who 
enter  Madagascar,  and  subjects  of  Her  Majesty  the  Queen  of  Mada- 
gascar, while  sojourning  in  the  United  States  of  America,  are  subject 
to  the  laws  of  trade  and  commerce  in  the  respective  countries. 

2.  In  regard  to  civil  rights,  whether  of  person  or  property,  of  citi- 
zens and  proteges  of  the  United  States  of  America,  where  disputes 
or  differences  shall  arise  between  them,  or  in  cases  of  criminal  offences 
committed  upon  them  by  each  other,  they  shall  be  under  the  exclu- 
sive civil  and  criminal  jurisdiction  of  their  own  consuls,  duly  in- 
vested with  the  necessary  powers. 

3.  Neither  shall  the  Malagasy  authorities  interfere  in  differences 
or  disputes  between  United  States  citizens  and  proteges  and  the  citi- 
zens or  subjects  of  any  third  power  in  Madagascar. 


1068 


TREATIES,  CONVENTIONS,  ETC. 


4.  But  the  Malagasy  police  may,  whenever  a United  States  citizen 
or  protege  shall  be  discovered  in  the  act  of  committing  a crime 
against  any  person,  of  whatever  nationality,  or  breach  of  the  peace 
in  any  manner,  whether  by  making  unlawful  disturbance  in  the 
streets  and  public  places,  or  in  any  manner  breaking  the  published 
laws  of  Madagascar,  arrest  such  otfender  without  process  and  take 
him  immediately  before  the  proper  United  States  consular  officer, 
who  will  take  such  action  in  the  case  as  the  circumstances,  the  laws 
of  the  two  countries,  and  the  stipulations  of  this  treaty  require. 

5.  The  Malagasy  Government  will  supply  to  each  United  States 
consular  officer  residing  in  Madagascar,  within  six  months  after  the 
exchange  of  the  ratification  of  this  treaty,  one  or  more  printed  copies 
of  all  laws,  decrees,  or  customs  having  the  force  of  law  which  affect 
in  any  way,  directly  or  indirectly,  foreigners  sojourning  in  Mada- 

f ascar,  in  their  rights  and  privileges,  either  of  person  or  property, 
or  the  information  of  United  States  citizens  sojourning  in  Mada- 
gascar. 

6.  And  in  like  manner,  whenever  any  change  shall  be  made  in  such 
laws  or  decrees,  or  new  ones  be  promulgated,  touching  the  interests 
of  such  persons,  a like  printed  copy  of  the  same  shall  be  furnished 
to  each  said  United  States  consular  officers,  at  least  one  month  before 
such  change,  or  new  law,  or  decree  shall  take  effect;  and  when  any 
such  change,  or  new  law,  or  decree,  touches  or  changes  the  regulations 
of  the  custom-house,  or  duties  to  be  paid,  or  the  laws  in  regard  to 
exports  and  imports,  the  said  copies  of  such  new  laws  and  decrees 
shall  be  so  furnished  at  least  six  months  before  taking  effect  against 
United  States  citizens. 

7.  All  disputes  and  differences  arising  between  citizens  and  pro- 
teges of  the  United  States  of  America  and  subjects  of  Madagascar, 
and  all  criminal  offences  committed  by  such  citizens  and  proteges 
against  said  subjects  of  Madagascar,  and  all  criminal  offences  com- 
mitted by  the  subjects  of  Madagascar  against  the  citizens  and  pro- 
teges of  the  United  States  of  America,  as  well  as  all  infringement  of 
the  laws  of  Madagascar  by  the  United  States  citizens  and  proteges,, 
shall  be  investigated,  tried,  and  adjudged  by  “ mixed  courts,”  as 
follows : 

8.  The  chief  United  States  diplomatic  officer,  when  there  shall  be 
one  in  Madagascar,  or  when  there  is  no  such  officer  residing  in  the 
kingdom,  the  chief  or  senior  United  States  consular  officer,  and  a 
Malagasy  officer,  duly  appointed  by  her  Majesty  the  Queen  of  Mada- 
gascar for  that  purpose,  shall  constitute  a “ mixed  superior  court,” 
which  shall  be  “ a court  of  record,”  and  may  hold  its  sittings  at 
Antananarivo,  the  capital  of  Madagascar,  or  at  Tamatave,  according 
as  the  circumstances  of  the  business  of  the  court  may  require. 

9.  This  superior  court  shall  have  both  original  and  appellate  juris- 
diction ; that  is,  actions  may  be  commenced  and  decided  in  it,  and  it 
may  also  try  cases  appealed  from  the  inferior  courts  herein  provided 
for,  as  follows: 

10.  There  shall  be  one  inferior  mixed  court  in  each  United  States 
consular  and  each  United  States  consular  agent’s  district  in  Mada- 
gascar. Such  courts  shall  consist  of  the  United  States  consular 
officer  of  the  district  and  a Malagasy  officer  appointed  by  Her  Maj- 
esty’s Government  for  the  purpose,  for  each  district. 


MADAGASCAR 1881. 


1069 


11.  The  inferior  courts  shall  have  original  jurisdiction  of  civil  cases 
where  the  sum  claimed  does  not  exceed  five  hundred  dollars  ($500) 
or  imprisonment  for  more  than  one  year,  or  both,  as  will  be  more 
fully  explained  in  the  “ Code  of  Eules  ” of  proceedings  for  the  mixed 
courts,  hereinafter  provided  for. 

12.  Appeals  from  the  superior  mixed  courts  may  be  taken  to  either 
of  the  two  governments,  at  the  option  of  the  party  appealing,  in  the 
manner  provided  in  said  “ Code  of  Rules.” 

13.  In  the  trial  of  actions  in  these  coui’ts,  the  native  judge  shall 
preside  and  have  the  prevailing  voice  in  the  decisions  when  United 
States  citizens  or  protegfe  are  the  plaintiffs,  and  vice  versa  when  they 
are  defendants,  that  is,  when  subjects  of  the  Queen  are  the  plaintiffs 
the  United  States  (consular  or  diplomatic)  officer,  as  the  case  may 
be,  shall  preside  and  have  the  prevailing  voice  in  the  decisions. 

14.  But  the  presiding  judge  shall  in  every  case  counsel  with  and 
give  due  weight  to  the  opinions  of  the  associate  judge  before  giving 
decisions. 

15.  It  is  agreed  by  the  high  contracting  parties  that  any  attempt 
to  influence  the  decision  of  these  judges,  or  any  one  of  them,  in  a case 
on  trial,  or  to  be  decided  by  them,  except  by  arguments  in  open  court, 
shall  be  considered  a misdemeanor;  and  that  the  offering  a bribe  to 
any  one  of  them  in  money  or  other  object  of  value  or  favor,  for  the 
purpose  of  influencing  his  decision,  shall  be  considered  a felony,  and 
that  the  person  proved  guilty  of  either  of  these  offences  shall  be  pun- 
ished by  the  government  to  which  he  belongs,  according  to  the  grade 
of  his  crime.  And  if  it  shall  be  proved  that  a judge  of  these  courts, 
of  either  nationality,  shall  have  received  a bribe  to  influence  his 
decision  in  any  case,  he  shall  be  dismissed  from  his  office  of  judge, 
and  otherwise  punished  according  to  the  laws  of  his  own  nation  for 
such  malfeasance. 

16.  It  is  further  agreed  that  within  six  months  after  the  exchange 
of  the  ratification  of  this  treaty,  that  the  chief  diplomatic  or  consular 
officer  of  the  United  States,  who  shall  be  at  the  time  residing  in 
Madagascar,  and  one  or  more  officers  to  be  selected  by  Her  Majesty’s 
Government,  shall  meet  and  together  draw  up  a “ Code  of  Rules  ” 
of  proceedings  for  these  mixed  courts,  which  code,  when  so  drawn 
and  signed  by  said  officers,  shall  be  forwarded  by  them  to  their 
respective  governments  for  approval;  and  when  approved  by  both 
governments  shall  be  considered  a part  of  this  treaty,  duly  ratified 
as  such.  And  this  treaty,  including  said  code  of  rules,  together  with 
international  law,  and  the  laws  of  the  United  States  of  America  and 
of  Madagascar,  in  so  far  as  the  latter  can  be  made  to  harmonize,  shall 
govern  proceedings  in  these  courts. 

17.  It  is  agreed  that  the  said  “ Code  of  Rules  ” shall  follow,  in  so 
far  as  the  laws  and  present  status  of  things  in  Madagascar  will  admit, 
the  rules  of  proceedings  in  United  States  consular  courts  in  Mada- 
gascar; that  all  attestations  in  the  proceedings  shall  be  made  under 
the  judicial  oath  or  affirmation  of  civilized  nations;  and  that  the  said 
code  of  rules  shall  define  how  actions  shall  be  commenced  and  be 
conducted,  the  grades  of  offences  and  their  punishments,  under  what 
circumstances  arrests  may  be  made,  and  the  amount  and  manner  of 
bail  to  be  taken,  the  disposition  to  be  made  of  fines  collected,  when. 


1070 


TEEATIES,  CONVENTIONS,  ETC. 


how,  and  to  whom  appeals  may  be  taken,  and  all  other  matters  neces- 
sary for  the  intelligent  working  of  such  courts.  And  shall  also  con- 
tain forms  for  writs  and  other  processes,  and  a tariff  of  fees. 

18.  In  all  cases  of  arrest  permitted  by  this  treaty  now,  and  to  be 
provided  for  by  the  “ Code  of  Rules,”  the  prisoners  shall  be,  during 
their  detention,  treated  with  all  the  humanity  consonant  with  the 
laws  of  civilized  nations.  Her  Majesty’s  Government  will  see  that 
they  are  sipiplied  with  wholesome  food  and  drink  in  sufficient  quan- 
tity, and  detained  in  healthy  quarters,  and  that  they  are  brought  to 
trial  in  the  shortest  time  possible  consonant  with  the  convenience 
of  the  prisoner. 

19.  In  cases  of  arrest  of  American  citizens  or  proteges  in  the 
absence  of  a United  States  consular  officer,  or  where  no  such  officer 
resides,  the  authority  causing  the  arrest  shall  immediately  inform  the 
nearest  United  States  consular  officer  of  the  fact  and  of  the  circum- 
stance of  the  case,  and  also  cause  the  prisoner  to  be  taken  as  soon  as 
possible  before  the  mixed  court  of  which  that  nearest  consular  officer 
is  a judge. 

20.  It  shall  be  the  duty  of  the  court  to  encourage  the  settlement  of 
controversies  of  a civil  character  by  mutual  agreement,  or  to  submit 
the  same  to  the  decision  of  referees  agreed  upon  by  the  parties.  And 
in  criminal  cases,  which  are  not  of  a heinous  character,  it  shall  be 
lawful  for  the  parties  aggrieved  or  concerned  therein,  with  the  assent 
of  th.e  court,  to  adjust  the  same  among  themselves  upon  pecuniary 
or  other  considerations. 

21.  Her  Majesty’s  Government  will  render  all  assistance  in  its 
power  to  United  States  citizens  and  proteges  toward  collecting  their 
legal  claims  against  Her  Majesty’s  subjects;  and  United  States  con- 
sular officers  will  likewise  render  every  assistance  in  collecting  legal 
claims  against  United  States  citizens  and  proteges. 

22.  Whenever  it  is  known,  or  there  is  reason  to  believe,  that  trans- 
gressors against  the  laws,  fugitives  from  justice,  are  on  the  premises 
of  United  States  citizens  or  proteges,  such  premises  may  be  entered 
by  the  Malagasy  police  with  the  consent  of  the  occupants,  or  against 
their  consent  in  company  with  a United  States  Consular  officer,  or 
with  his  written  order.  In  case  of  absence  of  such  United  States 
officers,  or  in  places  where  no  such  officers  reside,  the  police  may  make 
such  entry  by  the  order  of  the  local  authority,  to  look  for  the  offender 
or  stolen  property ; and  the  offender,  if  found,  may  be  arrested,  and 
all  stolen  property  seized. 

23.  Murder  and  insurrection  or  rebellion  against  the  Government  of 
Madagascar  with  intent  to  subvert  the  same,  shall  be  capital  offence, 
and  not  bailable;  and  when  a United  States  citizen  shall  be  con- 
victed by  this  court  of  either  of  those  crimes  he  shall  be  banished 
the  country  and  sent  to  the  United  States  of  America  for  a review 
of  his  trial  and  approval  of  his  sentence  and  punishment.  If  a 
Malagasy  subject  be  convicted  by  the  court  of  the  murder  of  a United 
States  citizen  or  protege  he  shall  suffer  such  punishment  as  the  Mala- 
gasy law  awards  for  such  crime  when  Her  Majestiq-the  Queen  of 
Madagascar,  shall  have  approved  the  judgment  of  the  court. 

24.  When  a United  States  citizen  shall  have  been  convicted  of 
several  minor  offences,  showing  him  to  be  a turbulent  and  intractable 
person,  he  shall,  upon  the  request  of  the  Government  of  her  Majesty 
the  Queen,  be  banished  the  country. 


MAD  AG  AS  CAE. 1881. 


1071 


Abticle  VII. 

1.  No  United  States  vessel  shall  have  communication  with  the  shore 
before  receiving  pratique  from  the  local  authorities  of  Madagascar 
and  producing  a “ bill  of  health  ” from  the  port  sailed  from,  signed 
by  the  Malagasy  consul  if  there  be  one  at  that  port ; if  none,  then  by 
the  person  duly  authorized  to  give  such  bills  of  health. 

2.  Malagasy  subjects  shall  not  be  permitted  to  embark  on  United 
States  vessels  without  a passport  from  Her  Majesty’s  Government. 

3.  In  cases  of  mutiny  on  United  States  merchant  vessels,  or  in  cases 
of  desertion  from  United  States  national  or  private  vessels,  the  local 
authorities  shall,  on  application,  render  all  necessary  assistance  as 
far  as  is  possible  to  the  United  States  consular  officer  to  bring  back  the 
deserter  or  to  restore  discipline  on  board  merchant  vessels. 

4.  MTien  a United  States  consular  officer  shall  ask  the  local  authori- 
ties to  arrest  a deserter  from  a vessel,  the  police  shall  be  directed 
to  do  their  utmost  to  arrest  promptly  such  deserter  in  the  district. 
And  if  the  consular  officer  suggest  any  other  places  where  the  deserter 
may  have  secreted  himself,  the  authorities  shall  give  a written  notice 
to  the  governor  of  such  district  pointed  out,  who  shall  in  his  turn 
do  his  utmost  to  find  and  arrest  the  deserter.  And  the  result  of  such 
efforts,  whether  successful  or  otherwise,  shall  be  promptly  reported 
to  the  governor,  who  shall  re^Dort  to  the  consular  officer. 

5.  For  the  services  required  by  this  article  for  arresting  deserters, 
if  such  deserter  be  arrested,  a fee  of  three  dollars  ($3)  may  be  exacted 
for  each  deserter  arrested,  and  five  cents  per  English  mile  for  the 
distance  actually  travelled  by  the  police,  and  also  such  necessary  ex- 
penses as  may  be  incurred  for  food,  ferrying,  and  imprisonment  of 
the  deserter. 

6.  And  if  discovered  that  such  police  did  not  do  their  utmost  they 
shall  be  punished  by  the  governor ; and  if  such  police  have  done  their 
utmost  but  without  success,  they  will  be  none  the  less  entitled  to  the 
expenses  above  stated,  but  not  to  the  fee  of  three  dollars  ($3). 

Article  VIII. 

1.  In  case  of  a shipwreck  of  a United  States  vessel  on  the  coast  of 
Madagascar,  or  if  any  such  vessel  should  be  attacked  or  plundered 
in  the  waters  of  Madagascar,  adjacent  to  any  military  station,  the 
governor  will  do  his  utmost  to  urge  the  people  to  save  life  and  to 
secure  property  and  to  restore  it  to  the  owners  or  to  the  United 
States  consul,  and  if  there  be  no  consul  nor  owner  in  such  district,  an 
inventory  of  the  goods  rescued  shall  be  made  and  the  goods  shall  be 
delivered  to  the  nearest  United  States  consular  officer,  who  shall  give 
the  governor  a receipt  for  the  same. 

2.  The  governor  of  the  district  shall  take  the  names  of  the  people 
engaged  in  saving  such  vessel,  and  designate  those  who  rescue  lives 
and  those  who  save  goods. 

3.  And  if  such  vessel  be  an  abandoned  one,  then  one-fourth  of  vessel 
and  goods  may  be  claimed  for  salvage. 

4.  And  if  a vessel  be  in  distress,  and  the  captain  or  crew  demand 
help,  such  help  shall  be  rewarded  at  the  rate  of  twenty-five  cents  a 
day  for  soldiers  and  laborers,  and  one  dollar  a day  for  officers  who 
superintend  such  help. 


1072 


TKEATIES,  CONVENTIONS,  ETC. 


5.  And  if  any  vessel  be  wrecked  or  in  distress,  and  the  captain  or 
crew  do  not  demand  assistance,  being  in  a situation  to  do  so,  and 
consequently  the  Malagasy  do  not  save  anything,  the  governor  and 
people  will  not  be  responsible. 

6.  However,  in  case  the  captain  or  crew  demand  assistance,  or  are 
in  a situation  where  making  such  a demand  is  impossible,  and  it  is 
known  that  the  governor  did  not  do  his  utmost  to  move  the  people  to 
save  such  vessel  and  cargo,  he  shall  be  punished  according  to  the  laws 
of  Madagascar. 

7.  The  same  protection  shall  be  granted  to  Malagasy  vessels  at- 
tacked or  plundered  in  the  waters  of  the  United  States  of  America. 

Article  IX. 

1.  American  goods  may  be  landed  in  bond  to  be  reshipped  to  other 
ports  without  payment  of  duties,  under  the  following  rules : 

2.  When  it  may  be  desired  to  so  land  goods  to  be  reshipped  to 
other  ports,  the  owner  of  the  goods,  or  the  consignee,  or  master  of 
the  vessel,  as  the  case  may  be,  shall  present  to  the  local  governor,  or 
to  the  collector  of  customs,  as  the  governor  may  direct,  a correct  in- 
voice or  manifest  of  the  goods  so  landed,  showing  values  by  detail 
when  there  are  goods  of  different  kinds,  or  of  different  values,  and 
quantities  of  each  and  the  total  value. 

3.  The  Malagasy  customs  officei's  shall  verify  by  inspection  the 
goods  when  landed  with  the  invoice  or  manifest;  then  the  owner, 
consignee,  or  master  of  the  vessel,  as  the  case  may  be,  shall  execute  a 
bond  payable  to  the  governor  or  collector  of  customs,  as  ma}'^  be 
directed  by  the  local  authority,  conditioned  to  pay  the  established 
duties  on  such  goods,  or  on  such  part  of  them  as  shall  not  have  been 
reshipped  within  the  period  agreed  upon,  which  period  shall  be  men- 
tioned in  the  bond  as  the  date  of  its  maturity.  Then  such  goods  may 
be  stored  on  the  premises  of  their  owner  or  consignee,  or  in  magazines 
rented  by  him  for  that  purpose. 

4.  When  he  reships  the  goods,  he  will  notify  the  party  to  whom  this 
bond  has  been  given  to  be  present  and  again  verify  the  goods  with  the 
invoice  or  manifest,  when,  if  none  are  lacking,  he  will  be  entitled  to 
the  return  of  his  bond,  or  if  the  goods  or  any  part  of  them  are  lack- 
ing, he  must  pay  the  duty  established  by  Article  IV.  on  such  as  are 
not  found  and  reshipped,  which  will  equally  entitle  him  to  receive 
back  his  bond. 

Article  X. 

Her  Majesty’s  Government  desires  the  development  of  the  dormant 
resources  of  the  kingdom,  and  the  advancement  of  all  the  useful 
mechanical  and  agricultural  industries  therein,  and  thereby  to  pro- 
mote the  best  interests  of  commerce  and  Christian  civilization  by 
adojition  and  application  of  such  modern  improvements  and  aiipli- 
ances  as  shall  be  suitable  for  such  purposes  and  best  adapted  to  the 
condition  of  Madagascar,  and  for  the  best  interests  of  Her  Majesty’s 
people;  and  toward  the  accomplishment  of  these  objects,  should  any 
United  States  citizens  or  proteges  of  good  character,  and  possessing 
the  requisite  qualifications  for  the  special  business  proposed,  desire 
to  engage  in  such  industries  in  Madagascar  by  investment  of  capital 
or  labor,  or  in  teaching  the  people  how  to  apply  the  modern  improve- 
ments in  the  prosecution  of  the  industries,  their  applications  to  the 


MADAGASCAB — 1881. 


1073 


government  will  be  favorably  received,  and  their  propositions  liber- 
ally entertained;  and  if  they  and  the  government  can  agree  upon 
terms,  they  will  be  permitted  to  engage  in  such  avocations  by  con- 
tracts, grants,  commissions  or  salaries. 

Article  XI. 

1.  It  is  agreed  between  the  high  contracting  parties  that  the  levy  of 
taxes  on  United  States  citizens,  as  hereinbefore  provided  for  condi- 
tionally in  Article  III.,  section  13,  shall  never  be  at  a higher  rate 
than  shall  be  levied  upon  Her  Majesty’s  subjects  for  the  same  pur- 
poses and  upon  like  values,  except  the  special  land  tax  hereinbefore 
provided  for  in  Article  III.,  section  12. 

2.  United  States  citizens  and  proteges  shall  not  be  deprived  of  any 
privileges  relinquished  by  this  treaty  unless  the  same  restrictions  be 
placed  upon  the  citizens  and  subjects  of  all  other  foreign  nations 
residing  in  Madagascar,  but  shall  enjoy  all  the  privileges  that  may  be 
granted  to  the  most  favored  nations. 

3.  And  Her  Majesty’s  subjects  while  sojourning  in  the  United 
States  of  America  shall  enjoy  all  the  privileges  conceded  by  the 
United  States  Government  to  the  citizens  or  subjects  of  the  most 
favored  nation. 

Article  XII. 

1.  The  above  articles  of  treaty  made  in  good  faith  shall  be  submit- 
ted to  both  the  Government  of  the  United  States  of  America  and  Her 
Majesty,  the  Queen  of  Madagascar,  for  ratification;  and  such  ratifi- 
cation be  exchanged  within  one  year  from  date  of  ratification  at 
Antananarivo. 

2.  Should  it  at  any  future  time  seem  desirable  in  the  interests  of 
either  of  the  contracting  parties  to  alter  or  add  to  the  present  treaty, 
such  alterations  or  adclitions  shall  be  effected  with  the  consent  of^ 
both  parties. 

3.  Duplicate  originals  of  this  treaty,  with  corresponding  text  in 
the  English  and  Malagasy  languages,  which  shall  be  both  of  equal 
authority,  have  been  signed  and  sealed  at  Antananarivo,  Madagascar, 
on  this  thirteenth  day  of  May  (seventeenth  of  Alakaosy),  one  thou- 
sand eight  hundred  and  eighty-one. 

[seal.]  W.  W.  Robinson, 

United  States  Consul  for  Madagascar. 

[seal.]  Ravoninahitriniarivo, 

15th  Honor  Officer  of  the  Palace., 

Chief  Secretary  of  State  for  Foreign  Affairs. 

In  the  name  of  Her  Majesty  Ranavalomanjaka,  Queen  of  Madagas- 
car, and  by  Her  Royal  Command  and  authority.  We,  Her  Majesty’s 
duly  empowered  Ambassadors  Plenipotentiary  hereby  ratify  and  con- 
firm the  within  treaty  and  every  part  thereof.  March  twelfth,  1883. 

[seal.]  Ravoninahitriniarivo, 

15  Vtra  0.  D.  P.  Chief  Secretary  of  State  for  Foreign  Affairs., 

Chief  Ambassador  of  H.  M.  the  Queen  of  MadagoLScar. 

Ramanirka, 

Ilf.  Vtra  0.  D.  P.  Member  of  the  Privy  Council,  Ambassador  of 

H.  M.  the  Queen  of  Madagascar. 


24449— VOL  1—10 68 


MASKAT 

(SEE  MUSCAT.) 


MECKLENBURG-SCHWERIN. 

(SEE  NORTH  GERMAN  UNION.) 

1847. 

Treaty  of  Commerce  and  Navigation. 

C oncluded  Decernher  9, 1847;  ratification  advised  hy  the  Senate  May 
18.  1848;  ratified  hy  the  President  May  20.  1848;  vroclaimed 
Avgust  2,  1848. 


Articles. 


I.  Freedom  of  commerce. 

II.  Coasting  trade. 

III.  No  preference  tb  vessels  import- 

ing. 

IV.  Shipwrecks. 

V.  Extent  of  shipping  privileges. 

VI.  Duties  on  imports  and  exports. 


VII.  Most  favored  nation  commercial 
privileges. 

VIII.  Duties  on  cotton,  rice,  tobacco, 
and  whale-oil. 

IX.  Consular  officers  and  functions. 

X.  Trade  and  property  rights. 

XI.  Duration ; increase  of  duties. 


DECLARATION. 

llTiereas  a treaty  of  commerce  and  navigation  between  the  United 
States  of  America  and  His  Majesty  the  King  of  Hanover  was  con- 
cluded at  Hanover  on  the  tenth  day  of  June,  one  thousand  eight 
hundred  and  forty-six,  by  the  Plenipotentiaries  of  the  contracting 
parties,  and  was  subsequently  duly  ratified  on  the  part  of  both  Gov- 
ernments ; 

And  whereas,  by  the  terms  of  the  twelfth  article  of  the  same,  the 
United  States  agree  to  extend  all  the  advantages  and  privileges  con- 
tained in  the  stipulations  of  the  said  treaty  to  one  or  more  of  the 
other  States  of  the  Germanic  Confederation  which  may  wish  to  accede 
to  them  by  means  of  an  official  exchange  of  declarations,  provided 
that  such  State  or  States  shall  confer  similar  favors  upon  the  United 
States  to  those  conferred  by  the  Kingdom  of  Hanover,  and  observe 
and  be  subject  to  the  same  conditions,  stipulations,  and  obligations; 

And  whereas  the  Government  of  His  Royal  Highness  the  Grand 
Duke  of  Mecklenburg- Schwerin  has  signified  its  desire  to  accede  to 
the  said  treaty,  and  to  all  the  stipulations  and  provisions  therein  con- 
tained, as  far  as  the  same  are  or  may  be  applicable  to  the  two  coun- 
1074 


MECKIiENBURG-SCHWEKIN 1847. 


1075 


tries,  and  to  become  a party  thereto,  and  has  expressed  its  readiness 
to  confer  similar  favours  upon  the  United  States  as  an  equivalent 
in  all  respects  to  those  conferred  by  the  Kingdom  of  Hanover ; 

And  whereas  the  Government  of  the  Grand  Duchy  of  Mecklen- 
burg-SchAverin,  in  its  anxiety  to  avoid  the  possibility  of  a miscon- 
ception hereafter  of  the  nature  and  extent  of  the  favours  differing 
essentially  from  those  of  Hanover,  which  it  consents  to  bestoAV  upon 
the  United  States,  as  well  as  for  its  own  faithful  observance  of  all 
the  provisions  of  the  said  treaty,  wishes  the  stipulations,  conditions, 
and  obligations  imposed  upon  it,  as  also  those  Avhich  rest  upon  the 
United  States,  as  explicitly  stated,  word  for  word,  in  the  English 
and  German  languages,  as  contained  in  the  following  articles; 

Article  I. 

The  high  contracting  parties  agree  that  whatever  kind  of  produce, 
manufacture,  or  merchandise  of  any  foreign  country  can  be,  from 
time  to  time,  lawfully  imported  into  the  United  States  in  their  own 
vessels,  may  also  be  imported  in  the  vessels  of  the  Grand  Duchy  of 
Mecklenburg-SchAverin,  and  no  higher  or  other  duties  upon  the  ton- 
nage or  cargo  of  the  vessel  shall  be  levied  or  collected,  whether  the 
importation  be  made  in  a vessel  of  the  United  States  or  in  a vessel 
of  Mecklenburg-Schwerin. 

And,  in  like  manner,  whatei^er  kind  of  produce,  manufacture,  or 
merchandise  of  any  foreign  country  can  be,  from  time  to  time,  law- 
fully imported  into  the  Grand  Duchy  of  Mecklenburg-Schwerin,  in 
its  own  vessels,  may  also  be  imported  in  vessels  of  the  United  States ; 
and  no  higher  or  other  duties  upon  the  tonnage  or  cargo  of  the  A^essel 
shall  be  levied  or  collected,  Avhether  the  importation  be  made  in 
vessels  of  the  one  party  or  the  other. 

WhateA’er  may  be  lawfully  exported  or  re-exported  by  one  party 
in  its  own  vessels  to  any  foreign  country  may  in  like  manner  be  ex- 
ported or  re-exported  in  the  i^essels  of  the  other ; and  the  same  duties, 
bounties,  and  drawbacks  shall  be  collected  and  allowed,  Avhether  such 
exportation  or  re-exportation  be  made  in  vessels  of  the  one  party  or 
the  other. 

Nor  shall  higher  or  other  charges  of  any  kind  be  imposed  in  the 
ports  of  one  party  on  vessels  of  the  other  than  are  or  shall  be  payable 
in  the  same  ports  by  national  vessels. 

Article  II. 

The  preceding  article  is  not  applicable  to  the  coasting  trade  and 
navigation  of  the  high  contracting  parties,  which  are  respectively 
reserved  by  each  exclusively  to  its  own  subjects  or  citizens. 

Article  III. 

No  priority  or  preference  shall  be  given  by  either  of  the  contract- 
ing parties,  nor  by  any  company,  corporation,  or  agent  acting  on 
their  behalf  or  under  their  authority,  in  the  purchase  of  any  article 
of  commerce  lawfully  imported  on  account  of  or  in  reference  to  the 
national  character  of  the  A^essel,  whether  it  be  of  the  one  party  or 
of  the  other  in  which  such  article  was  imported. 


1076 


TREATIES,  CONVENTIONS,  ETC. 
Article  IV. 


The  ancient  and  barbarous  right  to  wrecks  of  the  sea  shall  remain 
entirely  abolished  with  respect  to  the  property  belonging  to  the  sub- 
jects or  citizens  of  the  high  contracting  parties. 

IVlien  any  vessel  of  either  party  shall  be  wrecked,  stranded,  or 
otherwise  damaged  on  the  coasts  or  within  the  dominions  of  the 
other,  their  respective  citizens  or  subjects  shall  receive,  as  well  for 
themselves  as  for  their  vessels  and  effects,  the  same  assistance  which 
would  be  due  to  the  inhabitants  of  the  country  where  the  accident 
happens. 

They  shall  be  liable  to  pay  the  same  charges  and  dues  of  salvage 
as  the  said  inhabitants  would  be  liable  to  pay  in  a like  case. 

If  the  operations  of  repair  shall  require  that  the  whole  or  any  part 
of  the  cargo  be  unloaded,  they  shall  pay  no  duties  of  custom,  charges, 
or  fees  on  the  part  which  they  shall  reload  and  carry  away,  except 
such  as  are  payable  in  the  like  case  by  national  vessels. 

It  is  nevertheless  understood  that  if,  whilst  the  vessel  is  under 
repair,  the  cargo  shall  be  unladen,  and  kept  in  a place  of  deposite 
destined  to  receive  goods,  the  duties  on  which  have  not  been  paid  the 
cargo  shall  be  liable  to  the  charges  and  fees  lawfully  due  to  the  keep- 
ers of  such  warehouse. 


Article  V. 

The  privileges  secured  by  the  present  treaty  to  the  respective  ves- 
sels of  the  high  contracting  parties  shall  only  extend  to  such  as  are 
built  within  their  respective  territories,  or  lawfully  condemned  as 
prizes  of  war,  or  adjudged  to  be  fortified  for  a breach  of  the  mu- 
nicipal laws  of  either  of  the  high  contracting  parties,  and  belonging 
wholly  to  their  subjects  or  citizens. 

It  is  further  stipulated  that  vessels  of  the  Grand  Duchy  of  Meck- 
lenburg-Schwerin  may  select  their  crews  from  any  of  the  States  of 
the  Germanic  Confederation,  provided  that  the  master  of  each  be  a 
subject  of  the  Grand  Duchy  of  Mecklenburg-Schwerin. 

Article  VI. 

No  higher  or  other  duties  shall  be  imposed  on  the  importation  into 
the  United  States  of  any  articles  the  growth,  produce,  or  manufacture 
of  the  Grand  Duchy  of  Mecklenburg-Schwerin  or  of  its  fisheries,  and 
no  higher  or  other  duties  shall  be  imposed  on  the  importation  into 
the  Grand  Duchy  of  Mecklenburg-Schwerin  of  any  articles  the 
growth,  produce,  and  manufacture  of  the  United  States  and  of  their 
fisheries,  than  are  or  shall  be  payable  on  the  like  articles  being  the 
growth,  produce,  or  manufacture  of  any  other  foreign  country  or  of 
its  fisheries. 

No  higher  or  other  duties  and  charges  shall  be  imposed  in  the 
United  States  on  the  exportation  of  any  articles  to  the  Grand  Duchy 
of  Mecklenburg-Schwerin,  or  in  Mecklenburg-Schwerin  on  the  ex- 
portation of  any  articles  to  the  United  States,  than  such  as  are  or 
shall  be  payable  on  the  exportation  of  the  like  articles  to  any  other 
foreign  country. 


MECKLENBUllG-SCHWEKIN 1847. 


1077 


No  prohibition  shall  be  imposed  on  the  importation  or  exportation 
of  any  articles  the  growth,  produce,  or  manufacture  of  the  Grand 
Duchy  of  Mecklenburg- Schwerin  or  of  its  fisheries,  or  of  the  United 
States  or  their  fisheries,  from  or  to  the  ports  of  said  Grand  Duchy,  or 
of  the  said  United  States,  which  shall  not  equally  extend  to  all  other 
Powers  and  States. 

Aeticle  VII. 

The  high  contracting  parties  engage  mutually  not  to  grant  any  par- 
ticular favor  to  other  nations  in  respect  of  navigation  and  duties  of 
customs,  which  shall  not  immediately  become  common  to  the  other 
party,  who  shall  enjoy  the  same  freely,  if  the  concession  was  freely 
made,  or  bn  allowing  a compensation  as  near  as  possible,  if  the  con- 
cession was  conditional. 

Article  VIII. 

In  order  to  augment  by  all  the  means  at  its  bestowal  the  commer- 
cial relations  between  the  United  States  and  Germany,  the  Grand 
Duchy  of  Mecklenburg-Schwerin  agrees,  subject  to  the  reservation  in 
article  eleventh,  to  abolish  the  import  duty  on  raw  cotton  and  paddy, 
or  rice  in  the  husk,  the  produce  of  the  United  States;  to  levy  no 
higher  import  duty  upon  leaves,  stems,  or  strips  of  tobacco,  imported 
in  hogsheads  or  casks,  than  one  thaler  and  two  schillings  for  one 
hundred  pounds,  Hamburg  weight,  (equal  to  seventy  cents  United 
States  currency  and  weight;)  to  lay  no  higher  import  duty  upon  rice 
imported  in  tierces  or  half  tierces  than  twenty-five  schillings  for  one 
hundred  pounds,  Hamburg  weight,  (equal  to  thirty-seven  and  a half 
cents  United  States  currency  and  weight;)  to  lay  no  higher  duty 
upon  whale-oil,  imported  in  casks  or  barrels,  than  twelve  and  a half 
schillings  per  hundred  pounds,  Hamburg  weight,  (equal  to  eighteen 
and  three-quarters  cents  United  States  currency  and  weight.) 

The  Grand  Duchy  of  Mecklenburg-Schwerin  further  agrees  to 
levy  no  higher  transit  duty  on  the  aforementioned  articles  in  their 
movement  on  the  Berlin-Hamburg  railroad  than  two  schillings  per 
hundred  pounds.  Hamburg  weight,  (equal  to  three  cents  United  States 
currency  and  weight,)  and  to  levy  no  transit  duty  on  the  above-men- 
tioned articles  when  conveyed  through  the  ports  of  the  country. 

It  is  understood,  however,  that  nothing  herein  contained  shall  pro- 
hibit the  levying  of  a duty  sufficient  for  control,  which  in  no  in- 
stance shall  exceed  on  the  two  articles  imported  duty-free  or  those  on 
transit  one  schilling  per  hundred  pounds,  Hamburg  weight,  (equal 
to  one  cent  and  a half  United  States  currency  and  weight. )| 

Article  IX. 

The  high  contracting  parties  grant  to  each  other  the  liberty  of  hav- 
ing, each  in  the  ports  of  the  other.  Consuls,  Vice-Consuls,  Commer- 
cial Agents,  and  Vice-Commercial  Agents  of  their  own  appointment, 
who  shall  enjoy  the  same  privileges  and  powers  as  those  of  the  most 
favoured  nations ; but  if  any  of  the  said  Consuls  shall  carry  on  trade, 
they  shall  be  subjected  to  the  same  laws  and  usages  to  which  private 
individuals  of  their  nation  are  subjected  in  the  same  place. 

The  Consuls,  Vice-Consuls,  Commercial  and  Vice-Commercial 
Agents  shall  have  the  right,  as  such,  to  sit  as  judges  and  arbitrators 
in  such  differences  as  may  arise  between  the  masters  and  crews  of  the 


1078 


TREATIES,  CONVENTIONS,  ETC. 


vessel  belonging  to  the  nation  whose  interests  are  committed  to  their 
charge  without  the  interference  of  the  local  authorities,  unless  the 
conduct  of  the  crews  or  of  the  captain  should  disturb  the  order  or 
tranquillity  of  the  country  or  the  said  Consuls,  Vice-Consuls,  Com- 
mercial Agents,  or  Vice-Commercial  Agents  should  require  their  as- 
sistance to  cause  their  decisions  to  be  carried  into  effect  or  supported. 

It  is,  however,  understood  that  this  species  of  judgment  or  arbitra- 
tion shall  not  deprive  the  contending  parties  of  the  right  they  have 
to  resort,  on  their  return,  to  the  judicial  authority  of  their  own 
country. 

The  said  Consuls,  Vice-Consuls,  Commercial  Agents,  and  Vice- 
Commercial  Agents  are"  authorized  to  require  the  assistance  of  the 
local  authorities  for  the  search,  arrest,  and  imprisonment  of  the  de- 
serters from  the  ships  of  war  and  merchant-vessels  of  their  country. 
For  this  purpose  they  shall  apply  to  the  competent  tribunals,  judges, 
and  officers,  and  shall,  in  writing,  demand  said  deserters,  proving,  by 
the  exhibition  of  the  registers  of  the  vessels,  the  muster-rolls  of  the 
crews,  or  by  any  other  olficial  documents,  that  such  individuals  formed 
part  of  the  crews;  and  on  this  claim  being  thus  substantiated,  the 
surrender  shall  not  be  refused. 

Such  deserters,  when  arrested,  shall  be  placed  at  the  disposal  of 
the  said  Consuls,  Vice-Consuls,  Commercial  Agents,  or  Vice-Commer- 
cial Agents,  and  may  be  confined  in  the  public  prisons  at  the  request 
and  cost  of  those  who  shall  claim  them,  in  order  to  be  sent  to  the 
vessels  to  which  they  belong  or  to  others  of  the  same  country.  But  if 
not  sent  back  within  three  months  from  the  day  of  their  arrest,  they 
shall  be  set  at  liberty,  and  shall  not  be  again  arrested  for  the  same 
cause.  However,  if  the  deserter  shall  be  found  to  have  committed  any 
crime  or  offence,  his  surrender  may  be  delayed  until  the  tribunal  be- 
fore which  his  case  shall  be  pending  shall  have  pronounced  its  sen- 
tence and  such  sentence  shall  have  been  carried  into  effect. 

Article  X. 

The  subjects  and  citizens  of  the  high  contracting  parties  shall  be 
permitted  to  sojourn  and  reside  in  all  parts  whatsoever  of  the  said 
territories,  in  order  to  attend  to  their  affairs,  and  also  to  hire  and 
occupy  houses  and  warehouses  for  the  purpose  of  their  commerce, 
provicled  they  submit  to  the  laws,  as  well  general  as  special,  relative 
to  the  right  of  residing  and  trading. 

Vdiilst  they  conform  to  the  laws  and  regulations  jn  force,  they 
shall  be  at  liberty  to  manage,  themselves,  their  own  business  in  all  the 
territories  subject  to  the  jurisdiction  of  each  party,  as  well  in  respect 
to  the  consignment  and  sale  of  their  goods,  by  wholesale  or  retail,  as 
with  respect  to  the  loading,  unloading,  and  sending  off  their  ships,  or 
to  employ  such  agents  and  brokers  as  they  may  deem  proper,  they 
being  in  all  these  cases  to  be  treated  as  the  citizens  or  subjects  of  the 
country  in  which  they  reside;  it  being  nevertheless  understood  that 
they  shall  remain  subject  to  the  said  laws  and  regulations  also  in 
respect  to  sales  by  wholesale  or  retail. 

They  shall  have  free  access  to  the  tribunals  of  justice  in  their 
litigious  affairs  on  the  same  terms  which  are  granted  by  the  law 
and  usage  of  country  to  native  citizens  or  subjects,  for  which  purpose 
they  may  employ,  in  defence  of  their  rights,  such  advocates,  attornej'S, 
and  other  agents  as  they  may  judge  proper. 


MECKLENBUEG-SCHWERIN — 1841. 


1079 


The  citizens  or  subjects  of  each  party  shall  have  power  to  dispose 
of  their  personal  property  within  the  jurisdiction  of  the  other  by  sale, 
donation,  testament,  or  otherwise. 

Their  personal  representatives,  being  citizens  or  subjects  of  the 
other  contracting  party,  shall  succeed  to  their  said  personal  property, 
whether  by  testament  or  ab  intestato.  They  may  take  possession 
thereof,  either  by  themselves  or  by  others  acting  for  them,  at  their 
will,  and  dispose  of  the  same,  paying  such  duty  only  as  the  inhabitants 
of  the  country  wherein  the  said  personal  property  is  situated  shall  be 
subject  to  pay  in  like  cases.  In  the  case  of  the  absence  of  the  per- 
sonal representatives,  the  same  care  shall  be  taken  of  the  said  property 
as  would  be  taken  of  a property  of  a native  in  like  case,  until  the 
lawful  owner  may  take  measures  for  receiving  it. 

If  any  question  should  arise  among  several  claimants  to  which  of 
them  the  said  property  belongs,  the  same  shall  be  finally  decided  by 
the  laws  and  judges  of  the  country  wherein  it  is  situated. 

Where,  on  the  decease  of  any  person  holding  real  estate  within  the 
territories  of  one  party,  such  real  estate  would,  by  the  laws  of  the 
land,  descend  on  a citizen  or  subject  of  the  other,  Avere  he  not  dis- 
qualified by  alienage,  such  citizen  or  subject  shall  be  allowed  a reason- 
able time  to  sell  the  same,  and  to  withdraw  the  proceeds  without 
molestation,  and  exempt  from  all  duties  of  detraction  on  the  part  of 
the  Government  of  the  respective  States. 

The  capitals  and  effects  Avhich  the  citizens  or  subjects  of  the  respec- 
tive parties,  in  changing  their  residence,  shall  be  desirous  of  I'emoving 
from  the  place  of  their  domicil,  shall  likewise  be  exempt  from  all 
duties  of  detraction  or  emigration  on  the  part  of  their  respective 
Governments. 

Article  XI. 

The  present  treaty  shall  continue  in  force  until  the  tenth  of  June, 
one  thousand  eight  hundred  and  fifty-eight,  and  further  until  the 
end  of  twelve  months  after  the  Government  of  Mecklenburg-Schwerin 
on  the  one  part,  or  that  of  the  United  States  on  the  other  part,  shall 
have  given  notice  of  its  intention  of  terminating  the  same,  but  upon 
the  condition  hereby  expressly  stipulated  and  agreed,  that  if  the 
Grand  Duchy  of  Mecklenburg- ScliAverin  shall  deem  it  expedient,  or 
find  it  compulsory,  during  the  said  term,  to  levy  a duty  on  paddy,  or 
rice  in  the  husk,  or  augment  the  duties  upon  leaves,  strips,  or  stems 
of  tobacco,  on  whale-oil  and  rice,  mentioned  in  Article  VIII  (eight) 
of  the  present  treaty,  the  Government  of  Mecklenburg-Schwerin  shall 
give  notice  of  one  year  to  the  Government  of  the  United  States  before 
proceeding  to  do  so;  and,  at  the  expiration  of  that  year,  or  any  time 
subsequently,  the  Government  of  the  United  States  shall  have  full 
power  and  right  to  abrogate  the  present  treaty,  by  giving  a previous 
notice  of  six  months  to  the  Government  of  Mecklenburg-ScliAverin,  or 
to  continue  it  (at  its  option)  in  full  force,  until  the  operation  thereof 
shall  have  been  arrested  in  the  manner  first  specified  in  the  present 
article. 

Now,  therefore,  the  undersigned,  L.  de  Lutzow,  President  of  the 
Privy  Council  and  First  Minister  of  His  Royal  Highness,  on  the  part 
of  Mecklenburg-Schwerin,  and  A.  Dudley  Mann,  Special  Agent,  on 
the  part  of  the  United  States,  invested  with  full  powers  to  this  effect, 
found  in  good  and  due  form,  have  this  day  signed  in  triplicate,  and 


1080 


TKEATIES,  CONVENTIONS,  ETC. 


have  exchanged  this  declaration.  The  effect  of  this  agreement  is 
hereby  declared  to  be  to  establish  the  aforesaid  treaty  between  the 
high  parties  to  this  declaration  as  fully  and  perfectly,  to  all  intents 
and  purposes,  as  if  all  the  provisions  therein  contained,  in  the  manner 
as  they  are  above  explicitly  stated,  had  been  agreed  to  in  a separate 
treaty,  concluded  and  ratified  between  them  in  the  ordinary  form. 

In  witness  whereof  the  above-named  Plenipotentiaries  have  hereto 
affixed  their  names  and  seals. 

Done  at  Schwerin  this  9th  (ninth)  day  of  December,  1847. 

[seal.]  a.  Dudley  Mann, 

[seal.]  L.  of  Lutzow. 


1853. 

Declaration  of  Accession  to  the  Convention  foe  the  Extradi- 
tion OF  Criminals,  Fugitive  from  Justice,  of  June  16,  1852, 
Between  the  United  States  and  Prussia  and  Other  States 
OF  THE  Germanic  Confederation,  and  to  Additional  Article 
Thereto  of  November  16,  1852. 

Dated  November  26,  1853, • 'proclaimed  Ja'auary  6,  1851^. 

Whereas  a treaty  for  the  reciprocal  extradition  of  fugitive  crimi- 
nals, in  special  cases,  was  concluded  between  Prussia  and  other  States 
of  the  Germanic  Confederation  on  the  one  hand,  and  the  United 
States  of  North  America  on  the  other,  under  date  of  June  16th,  1852, 
at  Washington,  by  the  Plenipotentiaries  of  the  contracting  parties, 
and  has  been  ratified  by  the  contracting  Governments;  and  whereas, 
in  the  second  article  of  the  same,  the  United  States  of  North  America 
have  declared  that  they  agree  that  the  stipulations  of  the  aforesaid 
treaty  shall  be  applicable  to  every  other  State  of  the  Germanic  Con- 
federation which  shall  have  subsequently  declared  its  accession  to  the 
treaty:  Now,  therefore,  in  accordance  therewith,  the  Government  of 
His  Royal  Idighness  the  Grand  Duke  of  Mecklenburg-Schwerin 
hereby  declares,  through  the  undersigned  Grand  Ducal  Minister  of 
Foreign  Affairs,  its  accession  to  the  aforesaid  treaty  of  June  16th, 
1852,  which  is,  word  for  word,  as  follows: 

[The  original  declaration  here  includes  a copy,  in  German  and 
English,  of  the  treaty  of  June  16,  1852,  and  of  the  additional  article 
thereto  of  November  16,  1852.] 

and  hereby  expressly  gives  assurance  that  each  and  every  article  and 
stipulation  of  this  treaty  shall  be  faithfully  observed  and  enforced 
within  the  territory  of  the  Grand  Duchy  of  Mecklenburg-Schwerin. 

In  testimony  whereof  the  Grand  Ducal  Minister  of  Foreign  Affairs, 
in  the  name  of  His  Royal  Highness  the  Grand  Duke  of  Mecklenburg- 
Schwerin,  has  executed  this  declaration  of  accession,  and  caused  the 
Ministerial  seal  to  be  thereunto  affixed. 

Done  at  Schwerin,  November  26th,  1853. 

[seal.]  Gr.  V.  Bulow, 

Grand  Duccd  Minister  of  Foreign  Affairs 

of  Mecklenburg -Sch'werin. 


MECKLENBURG-STRELITZ. 

1853. 


Declaration  of  Accession  to  the  Convention  for  the  Extradi- 
tion OF  Criminals,  Fugitive  From  Justice,  of  June  16,  1852, 
Between  the  United  States  and  Prussia  and  Other  States  of 
THE  Germanic  Confederation. 

Dated  December  2,  1853;  'proclaimed  January  26,  1854-. 

Whereas  a treaty  for  the  reciprocal  extradition  of  fugitive  crimi- 
nals, in  special  cases,  was  concluded  between  Prussia  and  other  States 
of  the  Germanic  Confederation  on  the  one  hand,  and  the  United 
States  of  North  America  on  the  other,  under  date  o]f  June  16th,  1852, 
at  Washington,  by  the  Plenipotentiaries  of  the  contracting  parties, 
and  has  been  ratified  by  the  contracting  Governments;  and  whereas, 
in  the  second  article  of  the  same,  the  United  States  of  North  America 
have  declared  that  they  agree  that  the  stipulations  of  the  aforesaid 
treaty  shall  be  applicable  to  every  other  State  of  the  Germanic  Con- 
federation which  shall  have  subsequently  declared  its  accession  to  the 
treaty:  Now,  therefore,  in  accordance  therewith,  the  Government  of 
His  Royal  Highness  the  Grand  Duke  of  Mecklenburg-Strelitz,  hereby 
declares  its  accession  to  the  aforesaid  treaty  of  June  6th,  1852,  which 
is,  word  for  word,  as  follows: 

[The  original  declaration  here  includes  a copy,  in  German,  of  the 
treaty  of  June  16,  1852.] 

and  hereby  expressly  gives  assurance  that  each  and  every  article  and 
stipulation  of  this  treaty  shall  be  faithfully  observed  and  enforced 
within  the  territory  of  the  Grand  Duchy  of  Mecklenburg-Strelitz. 

In  testimony  whereof  the  undersigned  Grand  Ducal  Minister  of 
State,  in  the  name  of  His  Royal  Plighness  the  Grand  Duke  of  Meck- 
lenburg-Strelitz, has  executed  this  declaration  of  accession,  and 
caused  the  seal  of  the  Grand  Ducal  Ministry  of  State  to  be  thereunto 
affixed. 

Done  at  Neustrelitz,  the  2d  day  of  December,  1853. 

[seal.]  P.  V.  Kandorff, 

Grand  Ducal  Minister  of  State. 

Drischow. 


1081 


MEXICO. 

1828.“ 

Treaty  of  Limits. 

Concluded  January  12,  1828;  rati-ftcation  advised  hy  the  Senate 

ApHl  If.,  1832;  ratif,ed  hy  the  President  April  5,  1832;  ratifications 

exchanged  Apnl  6, 1832;  proclaimed  April  6,  1832. 

Articles. 

I.  Boundary.  I III.  Commissioners. 

II.  Boundary  line.  I IV.  Ratification. 

The  limits  of  the  United  States  of  America  with  the  bordering 
territories  of  Mexico  having  been  fixed  and  designated  by  a solemn 
treaty,  concluded  and  signed  at  Washington  on  the  twenty-second 
day  of  February,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  nineteen,  betiveen  the  respective  Plenipotentiaries  of  the 
Government  of  the  United  States  of  America  on  the  one  part,  and 
of  that  of  Spain  on  the  other;  and  whereas  the  said  treaty  having 
been  sanctioned  at  a period  when  Mexico  constituted  a part  of  the 
Spanish  monarchy,  it  is  deemed  necessary  now  to  confirm  the  validity 
of  the  aforesaid  treaty  of  limits,  regarding  it  as  still  in  force  and 
binding  between  the  United  States  of  America  and  the  United  Mexi- 
can States : 

With  this  intention,  the  President  of  the  United  States  of  America 
has  appointed  Joel  Roberts  Poinsett  their  Plenipotentiary,  and  the 
President  of  the  United  Mexican  States  their  Excellencies  Sebastian 
Camacho  and  Jose  Ygnacio  Esteva; 

And  the  said  Plenipotentiaries,  having  exchanged  their  full  powers, 
have  agreed  upon  and  concluded  the  following  articles: 

Article  I. 

The  dividing  limits  of  the  respective  bordering  territories  of  the 
United  States  of  America  and  of  the  United  Mexican  States  being  the 
same  as  were  agreed  and  fixed  upon  by  the  above-mentioned  treaty  of 
Washington,  concluded  and  signed  on  the  twenty-second  day  of  Feb- 
ruary, in  the  year  one  thousand  eight  hundred  and  nineteen,  the  two 


“ The  commissiou  referred  to  in  this  treaty  was  never  appointed.  The  acces- 
sion of  Texas  and  the  war  between  the  United  States  and  Mexico  rendered  the 
treaty  inoperative. 

1082 


MEXICO — ^1828. 


1083 


high  contracting  parties  will  proceed  forthwith  to  carry  into  full 
effect  the  third  and  fourth  articles  of  said  treaty,  which  are  herein 
recited,  as  follows: 

Article  II. 

The  boundary  line  between  the  two  countries  west  of  the  Missis- 
sippi shall  begin  on  the  Gulf  of  Mexico,  at  the  mouth  of  the  river 
Sabine,  in  the  sea,  continuing  north  along  the  western  bank  of  that 
river  to  the  thirty-second  degree  of  latitude;  thence  by  a line  due 
north  to  the  degree  of  latitude  where  it  strikes  the  Rio  Roxo  of 
Natchitoches,  or  Red  River;  then  following  the  course  of  the  Rio  Roxo 
westward  to  the  degree  of  longitude  one  hundred  west  from  London 
and  twenty -three  from  Washington;  then  crossing  the  said  Red  River, 
and  running  thence  by  a line  due  north  to  the  river  Arkansas;  thence, 
following  the  course  of  the  southern  bank  of  the  Arkansas,  to  its 
source,  in  latitude  forty-two  north;  and  thence,  by  that  parallel  of 
latitude,  to  the  South  Sea : the  whole  being  as  laid  down  in  Melish’s 
map  of  the  United  States,  published  at  Philadelphia,  improved  to 
the  first  of  January,  one  thousand  eight  hundred  eighteen.  But 
if  the  source  of  the  Arkansas  River  shall  be  found  to  fall  north  or 
south  of  latitude  forty-two,  then  the  line  shall  run  from  the  said 
source  due  south  or  north,  as  the  case  may  be,  till  it  meets  the  said 
parallel  of  latitude  forty-two,  and  thence,  along  the  said  parallel, 
to  the  South  Sea,  all  the  islands  in  the  Sabine,  and  the  said  Red  and 
Arkansas  Rivers,  throughout  the  course  thus  described,  to  belong  to 
the  United  States  of  America ; but  the  use  of  the  waters  and  the 
navigation  of  the  Sabine  to  the  sea,  and  of  the  said  rivers  Roxo  and 
Arkansas,  throughout  the  extent  of  the  said  boundary  on  their  re- 
spective banks,  shall  be  common  to  the  respective  inhabitants  of  both 
nations. 

The  two  high  contracting  parties  agree  to  cede  and  renounce  all 
their  rights,  claims,  and  pretensions  to  the  territories  described  by 
the  said  line;  that  is  to  say,  the  United  States  hereby  cede  to  His 
Catholic  Majesty,  and  renounce  forever,  all  their  rights,  claims,  and 
jiretensions  to  the  territories  lying  west  and  south  of  the  above- 
described  line;  and,  in  like  manner.  His  Catholic  Majesty  cedes  to  the 
said  United  States  all  his  rights,  claims,  and  pretensions  to  any  ter- 
ritories east  and  north  of  the  said  line;  and,  for  himself,  his  heirs, 
and  successors,  renounces  all  claim  to  the  said  territories  forever. 

Article  III. 

To  fix  this  line  with  more  precision  and  to  place  the  landmarks 
which  shall  designate  exactly  the  limits  of  both  nations,  each  of  the 
contracting  parties  shall  appoint  a commissioner  and  a surveyor,  who 
shall  meet  before  the  termination  of  one  year  from  the  date  of  the 
ratification  of  this  treaty,  at  Natchitoches,  on  the  Red  River,  and 
proceed  to  run  and  mark  the  said  line,  from  the  mouth  of  the  Sabine 
to  the  Red  River,  and  from  the  Red  River  to  the  river  Arkansas,  and 
to  ascertain  the  latitude  of  the  source  of  the  said  river  Arkansas,  in 
conformity  to  what  is  above  agreed  upon  and  stipulated,  and  the  line 
of  latitude  forty-two  to  the  South  Sea.  They  shall  make  out  plans 
and  keep  journals  of  their  proceedings;  and  the  result  agreed  upon 


1084 


TREATIES,  CONVENTIONS,  ETC. 


by  them  shall  be  considered  as  part  of  this  treaty,  and  shall  have  the 
same  force  as  if  it  were  inserted  therein.  The  two  Governments  will 
amicably  agree  respecting  the  necessary  articles  to  be  furnished  to 
those  persons,  and  also  as  to  their  respective  escorts,  should  such  be 
deemed  necessary. 

Article  IV. 

The  present  treaty  shall  be  ratified,  and  the  ratifications  shall  be 
exchanged  at  Washington,  within  the  term  of  four  months,  or  sooner 
if  possible. 

In  witness  whereof  we,  the  respective  Plenipotentiaries,  have  signed 
the  same  and  have  hereunto  affixed  our  respective  seals. 

Done  at  Mexico  this  twelfth  day  of  January,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  twenty-eight,  in  the  fifty- 
second  year  of  the  Independence  of  the  United  States  of  America, 
and  in  the  eighth  of  that  of  the  United  Mexican  States. 

[seal.]  J.  R.  Poinsett, 

[seal.]  S.  Camacho, 

[seal.]  J.  Y.  Esteva. 


1831.“ 

Treaty  of  Limits. 

Concluded  Apnl  5,  1831;  ratification  advised  hy  the  Senate  April 
If.,  1832;  ratified  hy  the  President  Apnl  5,  1832;  ratifications  ex- 
changed April  J,  1832;  proclaimed  April  5, 1832. 

The  time  having  elapsed  which  was  stipulated  for  the  exchange 
of  ratifications  of  the  treaty  of  limits  between  the  United  States  of 
America  and  the  United  Mexican  States,  signed  in  Mexico  on  the 
twelfth  day  of  January,  one  thousand  eight  hundred  and  twenty- 
eight,  and  both  Republics  being  desirous  that  it  should  be  carried 
into  full  and  complete  effect,  with  all  due  solemnity,  the  President 
of  the  United  States  of  America  has  fully  empowered,  on  his  part, 
Anthony  Butler,  a citizen  thereof,  and  Charge  d’Affaires  of  the  said 
States  in  Mexico;  and  the  Vice-President  of  the  United  Mexican 
States,  acting  as  President  thereof,  has,  in  like  manner,  fully  em- 
powered, on  his  part,  their  Excellencies  Lpcas  Alaman,  Secretary  of 
State  and  Foreign  Relations,  and  Rafael  Mangino,  Secretary  of  the 
Treasury; 

Who,  after  having  exchanged  their  mutual  powers,  found  to  be 
ample  and  in  form,  have  agreed,  and  do  hereby  agree,  on  the  follow- 
ing article: 

The  ratifications  of  the  treaty  of  limits  concluded  on  the  twelfth 
of  January,  one  thousand  eight  hundred  and  twenty-eight,  shall  be 
exchanged  at  the  city  of  Washington  within  the  term  of  one  year, 
counting  from  the  date  of  this  agreement,  and  sooner  should  it  be 
possible. 

“This  extension  treaty  expired  with  the  treaty  of  1828. 


MEXICO — 1831. 


1085 


The  present  additional  article  shall  have  the  same  force  and  effect 
as  if  it  had  been  inserted,  word  for  word,  in  the  aforesaid  treaty  of 
the  twelfth  of  January,  one  thousand  eight  hundred  and  twenty- 
eight,  and  shall  be  approved  and  ratified  in  the  manner  prescribed 
by  the  Constitutions  of  the  respective  States. 

In  faith  of  which  the  said  Plenipotentiaries  have  hereunto  set  their 
hands  and  affixed  their  respective  seals.  Done  in  Mexico,  the  fifth 
of  April  of  the  year  one  thousand  eight  hundred  and  thirty-one,  the 
fifty-fifth  of  the  independence  of  the  United  States  of  America,  and 
the  eleventh  of  that  of  the  United  Mexican  States. 

[seal.]  a.  Butler. 

[seal.]  Lucas  Alaman. 

[seal.]  Rafael  Mangino. 


1831.“ 

Treaty  of  Amity,  Commerce,  and  Navigation. 

Conchided  April  5, 1831;  ratification  advised  hy  the  Senate  March,  23, 
1832;  ratifed  hy  the  President  April  5 ,1832 ; ratif  cations  exchanged 
April  5,  1832;  proclaimed  April  5,  1832. 

Articles. 


I.  Amity. 

II.  Most  favored  nation. 

III.  Entry  into  ports. 

IV.  Duties  on  imports. 

V.  Tonnage  duties. 

VI.  Drawbacks. 

VII.  Reciprocal  privileges  of  citizens. 

VIII.  Embargo. 

IX.  Military  service. 

X.  Asylum  for  vessels. 

XI.  Pirates. 

XII.  Shipwrecks. 

XIII.  Succession  to  personal  estate. 

XIV.  Protection  to  persons  and  prop- 

erty. 

XV.  Religious  liberty. 

XVI.  Free  ships ; free  goods. 

XVII.  Neutral  flag  over  enemy’s  prop- 
erty. 


XVIII.  Contraband. 

XIX.  Blockade. 

XX.  Contraband  liable  to  confis- 
cation. 

XXI.  Notice  of  blockade. 

XXII.  Examination  of  vessels  at  sea 
XXIII.  Sea  letters. 

XXIV.  Vessels  under  convoy. 

XXV.  Prize  courts. 

XXVI.  War. 

XXVII.  Jlinisters. 

XXVIII.  Consuls. 

XXIX.  Consuls. 

XXX.  Deserters. 

XXXI.  Consular  convention. 

XXXII.  Interior  commerce. 

XXXIII.  Indian  hostilities. 

XXXIV.  Duration ; ratification. 


The  United  States  of  America  and  the  United  Mexican  States,  de- 
siring to  establish  upon  a firm  basis  the  relations  of  friendship  that 
so  happily  subsist  between  the  two  Republics,  have  determined  to 
fix  in  a clear  and  positive  manner  the  rules  which  shall  in  future  be 
religiously  observed  between  both,  by  means  of  a treaty  of  amity, 
commerce,  and  navigation.  For  which  important  object  the  Presi- 


“ ® The  operation  of  this  treaty  was  suspended  by  war  between  the  parties 
in  1846-47,  but  was  revived  with  some  exceptions  hy  article  17  of  the  treaty 
of  February  2,  1848.  Article  XXXIII  was  abrogated  by  the  second  article  of 
the  treaty  of  December  30,  1853,  and  the  entire  treaty  was  finally  terminated 
November  30,  1881,  by  virtue  of  notice  given  by  Mexico.” — J.  Q.  Bancroft  Davis’ 
Notes  to  Treaties  and  Conventions,  1889,  p.  1234. 

Atocha  V.  U.  S.  (8  Ct.  Cls.,  427). 


1086 


TREATIES,  CONVENTIONS,  ETC. 


dent  of  the  United  States  of  America  has  appointed  Anthony  But- 
ler, a citizen  of  the  United  States  and  Charge  d’Affaires  of  the  United 
States  of  America  near  the  United  Mexican  States,  with  full  powers; 
and  the  Vice-President  of  the  United  Mexican  States,  in  the  exercise 
of  the  executive  power,  having  conferred  like  full  powers  on  His  Ex- 
cellency Lucas  Alaman,  Secretary  of  State  for  Home  and  Foreign 
Affairs,  and  His  Excellency  Rafael  Mangino,  Secretary  of  the 
Treasury ; 

And  the  aforesaid  Plenipotentiaries,  after  having  compared  and 
exchanged  in  due  form  their  several  powers  as  aforesaid,  have  agreed 
upon  the  following  articles: 


Article  I. 

There  shall  be  a firm,  inviolable,  and  universal  peace  and  a true 
and  sincere  friendship  between  the  United  States  of  America  and 
the  United  Mexican  States  in  all  the  extent  of  their  possessions  and 
territories,  and  between  their  people  and  citizens  respectively,  with- 
out distinction  of  persons  or  places. 

Article  II. 

The  United  States  of  America  and  the  United  Mexican  States,  de- 
signing to  take  for  the  basis  of  their  agreement  the  most  perfect 
equality  and  reciprocity,  engage  mutually  not  to  grant  any  particular 
favor  to  other  nations  in  respect  of  commerce  and  navigation  which 
shall  not  immediately  become  common  to  the  other  party,  who  shall 
enjoy  the  same  freely,  if  the  concession  was  freely  made,  or  upon  the 
same  conditions,  if  the  concession  was  conditional. 

Article  III. 

The  citizens  of  the  two  countries,  respectively,  shall  have  liberty, 
freely  and  securely,  to  come  with  their  vessels  and  cargoes  to  all  such 
places,  ports,  and  rivers  of  the  United  States  of  America  and  of  the 
United  Mexican  States,  to  which  other  foreigners  are  permitted  to 
come ; to  enter  into  the  same,  and  to  remain  and  reside  in  any  part  of 
the  said  territories  respectively;  also,  to  hire  and  occupy  houses  and 
warehouses  for  the  purposes  of  their  commerce,  and  to  trade  therein 
in  all  sorts  of  produce,  manufactures,  and  merchandise;  and,  gen- 
erally, the  merchants  and  traders  of  each  nation  shall  enjoy  the  most 
complete  protection  and  security  for  their  commerce. 

And  they  shall  not  pay  higher  or  other  duties,  imposts,  or  fees 
Avhatsoever,  than  those  which  the  most  favored  nations  are  or  may  be 
obliged  to  pay;  and  shall  enjoy  all  the  rights,  privileges,  and  exemp- 
tions, with  respect  to  navigation  and  commerce,  which  the  citizens 
of  the  most  favored  nation  do  or  may  enjoy;  but  subject  always  to 
the  laws,  usages,  and  statutes  of  the  two  countries  respectively. 

The  liberty  to  enter  and  discharge  the  vessels  of  both  nations  of 
which  this  article  treats  shall  not  be  understood  to  authorize  the 
coasting  trade,  which  is  permitted  to  national  vessels  only. 

Articije  IV. 

No  higher  or  other  duties  shall  be  imposed  on  the  importation  into 
the  United  Mexican  States  of  any  article,  the  produce,  growth,  or 


MEXICO — 1831. 


1087 


manufacture  of  the  United  States  of  America,  than  those  which  the 
same  or  like  articles,  the  produce,  groAvth,  or  manufacture  of  any 
other  foreign  country  do  now  or  may  hereafter  pay;  nor  shall  articles, 
the  produce,  growth,  or  manufacture  of  the  United  Mexican  States, 
be  subject,  on  their  introduction  into  the  United  States  of  America, 
to  higher  or  other  duties  than  those  which  the  same  or  like  articles  of 
any  other  foreign  country  do  now  or  may  hereafter  pay. 

Higher  duties  shall  not  be  imposed  in  the  respective  States  on  the 
exportation  of  any  article  to  the  States  of  the  other  contracting  party, 
than  those  which  are  now  or  may  hereafter  be  paid  on  the  exportation 
of  the  like  articles  to  any  other  foreign  country ; nor  shall  any  prohi- 
bition be  established  on  the  exportation  or  importation  of  any  article, 
the  produce,  growth,  or  manufacture  of  the  United  States  of  America, 
or  of  the  United  Mexican  States,  respectively,  in  either  of  them, 
which  shall  not  in  like  manner  be  established  with  respect  to  other 
foreign  countries. 

Article  V. 

No  higher  or  other  duties  or  charges  on  account  of  tonnage,  light 
or  harbour  dues,  pilotage,  salvage  in  case  of  damage  or  shipwreck,  or 
any  other  local  charges,  shall  be  imposed  in  any  of  the  ports  of  Mexico 
on  vessels  of  the  United  States  of  America  than  those  paj'able  in  the 
same  ports  by  Mexican  vessels;  nor  in  the  ports  of  the  United  States 
of  America  on  Mexican  vessels  than  shall  be  payable  in  the  same  ports 
on  vessels  of  the  United  States  of  America. 

Article  VI. 

The  same  duties  shall  be  paid  on  the  importation  into  the  United 
Mexican  States,  of  any  article,  the  growth,  produce,  or  manufacture 
of  the  United  States  of  America,  whether  such  importation  shall  be  in 
Mexican  vessels  or  in  vessels  of  the  United  States  of  America;  and 
the  same  duties  shall  be  paid  on  the  importation  into  the  United 
States  of  America  of  any  article,  the  growth,  produce,  or  manufacture 
of  Mexico,  whether  such  importation  shall  be  in  vessels  of  the  United 
States  of  America  or  in  Mexican  vessels.  The  same  duties  shall  be 
paid  and  the  same  bounties  and  drawbacks  allowed  on  the  exiiortation 
to  Mexico  of  any  articles,  the  growth,  produce,  or  manufacture  of  the 
United  States  of  America,  whether  such  exportation  shall  be  in  Mexi- 
can A’^essels  or  in  vessels  of  the  United  States  of  America,  and  the 
same  duties  shall  be  paid  and  the  same  bounties  and  drawbacks 
allowed  on  the  exportation  of  any  articles,  the  growth,  produce,  or 
manufacture  of  Mexico  to  the  United  States  of  America,  whether  such 
exportation  shall  be  in  vessels  of  the  United  States  of  America  or  in 
^Mexican  vessels. 

Article  VII. 

All  merchants,  captains,  or  commanders  of  vessels,  and  other  citi- 
zens of  the  United  States  of  America,  shall  have  full  liberty  in  the 
United  Mexican  States  to  direct  or  manage  themselves  their  oivn 
affairs,  or  to  commit  them  to  the  management  of  whomsoever  they 
may  think  proper,  either  as  broker,  factor,  agent,  or  interpreter ; nor 
shall  they  be  obliged  to  employ  for  the  aforesaid  purposes  any  other 
persons  than  those  employed  by  Mexicans,  nor  to  pay  them  higher 


1088 


TBEATIES,  CONVENTIONS,  ETC. 


salaries  or  remuneration  than  such  as  are  in  like  cases  paid  by  Mexi- 
cans ; and  absolute  freedom  shall  be  allowed  in  all  cases  to  the  buyer 
and  seller  to  bargain  and  fix  the  prices  of  any  goods,  wares,  or  mer- 
chandise imported  into,  or  exported  from,  the  United  Mexican  States, 
as  they  may  think  proper ; observing  the  laws,  usages,  and  customs  of 
the  country.  The  citizens  of  Mexico  shall  enjoy  the  same  privileges 
in  the  States  and  Territories  of  the  United  States  of  America,  being 
subject  to  the  same  conditions. 

Article  VIII. 

The  citizens  of  neither  of  the  contracting  parties  shall  be  liable  to 
any  embargo;  nor  shall  their  vessels,  cargoes,  merchandise,  or  effects, 
be  detained  for  any  military  expedition,  nor  for  any  public  or  private 
purpose  whatsoever,  without  corresponding  compensation. 

Article  IX. 

The  citizens  of  both  countries,  respectively,  shall  be  exempt  from 
compulsory  service  in  the  army  or  navy ; nor  shall  they  be  subjected  to 
any  other  charges,  or  contributions,  or  taxes,  than  such  as  are  paid 
by  the  citizens  of  the  States  in  which  they  reside. 

Article  X. 

Whenever  the  citizens  of  either  of  the  contracting  parties  shall  be 
forced  to  seek  refuge  or  asylum  in  the  rivers,  bays,  ports,  or  dominions 
of  the  other  with  their  vessels,  whether  merchant  or  of  war,  public  or 
private,  through  stress  of  weather,  pursuit  of  pirates  or  enemies,  they 
shall  be  received  and  treated  with  humanity,  with  the  precautions 
which  may  be  deemed  expedient  on  the  part  of  the  respective  Govern- 
ments in  order  to  avoid  fraud,  giving  to  them  all  favor  and  protection 
for  repairing  their  vessels,  procuring  provisions,  and  placing  them- 
selves in  a situation  to  continue  their  voyage  without  obstacle  or 
hindrance  of  any  kind. 

Article  XI. 

All  vessels,  merchandise,  or  effects,  belonging  to  the  citizens  of  one 
of  the  contracting  parties,  which  may  be  captured  by  pirates,  whether 
within  the  limits  of  its  jurisdiction,  or  on  the  high  seas,  and  may  be 
carried  into  or  found  in  the  rivers,  bays,  ports,  or  dominions  of  the 
other,  shall  be  delivered  up  to  the  owners,  they  proving,  in  due  and 
proper  form,  their  rights  before  the  competent  tribunal ; it  being  well 
understood  that  the  claim  shall  be  made  within  the  term  of  one  year, 
counting  from  the  capture  of  said  vessels  or  merchandise,  by  the 
parties  themselves,  or  their  attorneys,  or  by  the  agents  of  the  respec- 
tive Governments. 

Article  XII. 

When  any  vessel  belonging  to  the  citizens  of  either  of  the  contract- 
ing parties  shall  be  wrecked,  foundered,  or  shall  suffer  any  damage 
on  the  coasts  or  within  the  dominions  of  the  other,  there  shall  be 
given  to  it  all  the  assistance  and  protection  in  the  same  manner  which 


MEXICO — ^1831. 


1089 


is  usual  and  customary  with  the  vessels  of  the  nation  where  the 
damage  happens;  permitting  them  to  unload  the  said  vessel,  if 
necessary,  of  its  merchandise  and  effects,  with  the  precautions  which 
may  be  deemed  expedient  on  the  part  of  the  respective  Governments, 
in  order  to  avoid  fraud,  without  exacting  for  it  any  duty,  impost,  or 
contribution  whatever,  until  they  be  exported. 

Aeticle  XIIL 

In  whatever  relates  to  the  succession  of  [personal]  estates,  either 
by  will  or  ah  intestato  [and  the  rights  of]  disposal  of  such  property, 
of  whatever  sort  or  denomination  it  may  be,  by  sale,  donation,  ex- 
change, or  testament,  or  in  any  other  manner  whatsoever,  the  citizens 
of  the  two  contracting  parties  shall  enjoy,  in  their  respective  States 
and  territories,  the  same  privileges,  exemptions,  liberties,  and  rights, 
as  native  citizens ; and  shall  not  be  charged,  in  any  of  these  respects, 
with  other  or  higher  duties  or  imposts  than  those  which  are  now  or 
may  hereafter  be  paid  by  the  citizens  of  the  Power  in  whose  terri- 
tories they  may  reside. 


Article  XIV. 

Both  the  contracting  parties  promise  and  engage  to  give  their 
special  protection  to  the  persons  and  property  of  the  citizens  of  each 
other,  of  all  occupations,  who  may  be  in  their  territories,  subject  to 
the  jurisdiction  of  the  one  or  of  the  other,  transient  or  dwelling 
therein;  leaving  open  and  free  to  them  the  tribunals  of  justice  for 
their  judicial  recourse,  on  the  same  terms  which  are  usual  and  cus- 
tomary with  the  natives  or  citizens  of  the  country  in  which  they  may 
be ; for  which  they  may  employ,  in  defence  of  their  rights,  such  advo- 
cates, solicitors,  notaries,  agents,  and  factors,  as  they  may  judge 
jiroper,  in  all  their  trials  at  law ; and  the  citizens  of  either  party,  or 
their  agents,  shall  enjoy,  in  every  respect,  the  same  rights  and  privi- 
leges, either  in  prosecuting  or  defending  their  rights  of  person  or 
of  property,  as  the  citizens  of  the  country  where  the  cause  may  be 
tried. 

Article  XV. 

The  citizens  of  the  United  States  of  America  residing  in  the  United 
Mexican  States  shall  enjoy  in  their  houses,  persons,  and  properties 
the  protection  of  the  Government,  with  the  most  perfect  security 
and  liberty  of  conscience;  they  shall  not  be  disturbed  or  molested, 
in  any  manner,  on  account  of  their  religion,  so  long  as  they  respect 
the  Constitution,  the  laws,  and  established  usages  of  the  country 
where  they  reside;  and  they  shall  also  enjoy  the  privilege  of  burying 
the  dead  in  places  which  now  are,  or  may  hereafter  be  assigned  for 
that  purpose ; nor  shall  the  funerals  or  sepulchres  of  the  dead  be  dis- 
turbed in  any  manner,  nor  under  any  pretext. 

The  citizens  of  the  United  Mexican  States  shall  enjoy,  throughout 
all  the  States  and  Territories  of  the  United  States  of  America,  the 
same  protection;  and  shall  be  allowed  the  free  exercise  of  their  re- 
ligion, in  public  or  in  private,  either  within  their  own  houses,  or  in 
the  chapels  or  places  of  worship  set  apart  for  that  purpose. 

24449— VOL  1—10 69 


1090 


TREATIES,  CONVENTIONS,  ETC. 

Article  XVI. 


It  shall  be  lawful  for  the  citizens  of  the  United  States  of  America 
and  of  the  United  Mexican  States,  respectively,  to  sail  with  their 
vessels  with  all  manner  of  security  and  liberty,  no  distinction  being 
made  who  are  the  owners  of  the  merchandise  laden  thereon,  from 
any  port  to  the  places  of  those  who  now  are  or  may  hereafter  be  at 
enmity  with  the  United  States  of  America,  or  with  the  United  Mexi- 
can States.  It  shall  likewise  be  lawful  for  the  aforesaid  citizens  re- 
spectively to  sail  with  their  vessels  and  merchandise,  before  men- 
tioned, and  to  trade  with  the  same  liberty  and  security  from  the 
places,  ports,  and  havens  of  those  who  are  enemies  of  both  or  either 
party,  without  any  opposition  or  disturbance  whatsoever,  not  only 
directly  from  the  places  of  the  enemy,  before  mentioned,  to  neutral 
places,  but  also  from  one  place  belonging  to  an  enemy  to  another 
place  belonging  to  an  enemy,  whether  they  be  under  the  jurisdiction 
of  the  same  Government  or  under  several ; and  it  is  hereby  stipulated 
that  free  ships  shall  also  give  freedom  to  goods;  and  that  everything 
shall  be  deemed  free  and  exempt  which  shall  be  found  on  board  the 
vessels  belonging  to  the  citizens  of  either  of  the  contracting  parties, 
although  the  whole  lading  or  any  part  thereof  should  appertain  to  the 
enemies  of  either,  contraband  goods  being  always  excepted.  It  is  also 
agreed  that  the  same  liberty  be  extended  to  persons  who  are  on  board 
a free  vessel,  so  that,  although  they  be  enemies  to  either  party,  they 
shall  not  be  made  prisoners,  or  taken  out  of  that  free  vessel,  unless 
they  are  soldiers,  and  in  the  actual  service  of  the  enemy.  By  the  stip- 
ulation that  the  flag  shall  cover  the  property,  the  two  contracting 
parties  agree  that  this  shall  be  so  understood  with  respect  to  those 
Powers  who  recognize  this  principle;  but  if  either  of  the  two  con- 
tracting parties  shall  be  at  war  with  a third  party,  and  the  other 
neutral,  the  flag  of  the  neutral  shall  cover  the  property  of  enemies 
whose  Governments  acknowledge  this  principle,  and  not  of  others. 

Article  XVII. 

It  is  likewise  agreed  that  in  the  case  where  the  neutral  flag  of  one 
of  the  contracting  parties  shall  protect  the  property  of  the  enemies 
of  the  other,  by  virtue  of  the  above  stipulation,  it  shall  be  always 
understood  that  the  neutral  property  found  on  board  such  enemies’ 
vessels  shall  be  held  and  considered  as  enemies’  property,  and  as 
such  shall  be  liable  to  detention  and  confiscation,  except  such  prop- 
erty as  was  put  on  board  such  vessel  before  the  declaration  of  war, 
or  even  afterwards,  if  it  were  done  without  the  knowledge  of  it ; but 
the  contracting  parties  agree  that  four  months  having  elapsed  after 
the  declaration,  their  citizens  shall  not  plead  ignorance  thereof;  on 
the  contrary,  if  the  flag  of  the  neutral  does  not  j^rotect  the  enemy’s 
property,  in  that  case  the  goods  and  merchandises  embarked  in  such 
enemy’s  vessel  shall  be  free. 

Article  XVIII. 

This  liberty  of  commerce  and  navigation  shall  extend  to  all  kinds 
of  merchandise,  excepting  those  only  which  are  distinguished  by  the 
name  of  contraband;  and  under  this  name  of  contraband  or  pro- 


MEXICO — ^1831. 


1091 


hibited  goods  shall  be  comprehended;  first,  cannons,  mortars,  howit- 
zers, swivels,  blunderbusses,  muskets,  fusees,  rifles,  carbines,  pistols, 
pikes,  swords,  sabres,  lances,  spears,  halberts,  and  granades,  bombs, 
powder,  matches,  balls,  and  all  other  things  belonging  to  the  use  of 
these  arms;  secondly,  bucklers,  helmets,  breast-plates,  coats  of  mail, 
infantry  belts,  and  clothes  made  up  in  a military  form,  and  for  a 
military  use;  thirdly,  cavalry  belts  and  horses  with  their  furniture; 
fourthly,  and  generally,  all  kinds  of  arms,  and  instruments  or  iron, 
steel,  brass,  and  copper,  or  of  any  other  materials,  manufactured, 
prepared,  and  formed  expressly  to  make  war  by  sea  or  land. 

Article  XIX. 

All  other  merchandise  and  things  not  comprehended  in  the  articles 
of  contraband  expressly  enumerated  and  classified  as  above,  shall  be 
held  and  considered  as  free  and  subjects  of  free  and  lawful  com- 
merce, so  that  they  may  be  carried  and  transported  in  the  freest 
manner  by  both  the  contracting  parties,  even  to  places  belonging  to 
an  enemy,  excepting  only  those  places  which  are  at  that  time  be- 
sieged or  blockaded;  and  to  avoid  all  doubt  in  that  particular,  it  is 
declared  that  those  places  only  are  besieged  or  blockaded  which  are 
actually  besieged  or  blockaded  by  a belligerent  force  capable  of  pre- 
venting the  entry  of  the  neutral. 

Article  XX 

The  articles  of  contraband  before  enumerated  and  classified,  which 
may  be  found  in  a vessel  bound  for  an  enemy’s  port,  shall  be  subject 
to  detention  and  confiscation,  leaving  free  the  rest  of  the  cargo  and 
the  vessel,  that  the  owners  may  dispose  of  them  as  they  see  proper. 
No  vessels  of  either  of  the  two  nations  shall  be  detained  on  the  high 
seas  on  account  of  having  on  board  articles  of  contraband,  whenever 
the  master,  captain,  or  supercargo  of  said  vessel  will  deliver  up  the 
articles  of  contraband  to  the  captor,  unless  the  quantity  of  such 
articles  be  so  great  and  of  so  large  a bulk  that  they  cannot  be  re- 
ceived on  board  the  capturing  vessel  without  great  inconvenience ; 
but  in  this,  and  in  all  other  cases  of  just  detention,  the  vessel  de- 
tained shall  be  sent  to  the  nearest  convenient  and  safe  port  for  trial 
and  judgment,  according  to  law. 

Article  XXI. 

And  whereas  it  frequently  happens  that  vessels  sail  for  a port  or 
place  belonging  to  an  enemy  without  konwing  that  the  same  is  be- 
sieged, blockaded,  or  invested,  it  is  agreed  that  every  vessel  so  sit- 
uated may  be  turned  away  from  such  port  or  place,  but  shall  not  be 
detained ; nor  shall  any  part  of  her  cargo,  if  not  contraband,  be  con- 
fiscated, unless,  after  warning  of  such  blockade  or  investment  from 
the  commanding  officer  of  the  blockading  force,  she  should  again 
attempt  to  enter  the  aforesaid  port;  but  she  shall  be  permitted  to 
go  to  any  other  port  or  place  she  may  think  proper.  Nor  shall  any 
vessel  of  either  of  the  contracting  parties  that  may  have  entered  into 
such  port  before  the  same  was  actually  besieged,  blockaded,  or  in- 
vested by  the  other,  be  restrained  from  quitting  such  place  with  her 


1092 


TEEATIES,  CONVENTIONS,  ETO. 


cargo;  nor  if  found  therein  after  the  surrender  shall  such  vessel  or 
her  cargo  be  liable  to  confiscation,  but  she  shall  be  restored  to  the 
owner  thereof. 

Article  XXII. 

In  order  to  prevent  all  kinds  of  disorder  in  the  visiting  and  exami- 
nation of  the  vessels  and  cargoes  of  both  the  contracting  parties  on 
the  high  seas,  they  have  agreed,  mutually,  that,  whenever  a vessel  of 
war,  public  or  private,  should  meet  with  a neutral  vessel  of  the  other 
contracting  party,  the  first  shall  remain  out  of  cannon  shot,  and  may 
send  his  boat,  with  two  or  three  men  only,  in  order  to  execute  the 
said  examination  of  the  papers  concerning  the  ownership  and  cargo 
of  the  vessel,  wifliout  causing  the  least  extortion,  violence,  or  ill 
treatment,  for  which  the  commanders  of  the  said  armed  vessels  shall 
be  responsible  with  their  persons  and  property ; and  for  this  purpose 
the  commanders  of  said  private  armed  vessels  shall,  before  receiving 
their  commissions,  give  sufficient  security  to  answer  for  all  the  damages 
they  may  commit.  And  it  is  expressly  agreed,  that  the  neutral  party 
shall  in  no  case  be  required  to  go  on  board  the  examining  vessel  for 
the  purpose  of  exhibiting  his  papers,  or  for  any  other  purpose  what- 
soever. 

Article  XXIII. 

To  avoid  all  kinds  of  vexation  and  abuse  in  the  examination  of  the 
papers  relating  to  the  ownership  of  vessels  belonging  to  the  citizens 
of  the  two  contracting  parties,  they  have  agreed,  and  do  agree,  that 
in  case  one  of  them  should  be  engaged  in  war,  the  vessels  belonging 
to  the  citizens  of  the  other  must  be  furnished  with  sea-letters  or 
passports,  expressing  the  name,  property,  and  bulk  of  the  vessel,  and 
also  the  name  and  place  of  habitation  of  the  master  or  commander 
of  said  vessel,  in  order  that  it  may  thereby  appear  that  the  said 
vessel  really  and  truly  belongs  to  the  citizens  of  one  of  the  contract- 
ing parties ; they  have  likewise  agreed  that  such  vessels  being  laden, 
besides  the  said  sea-letters  or  passports,  shall  also  be  provided  with 
certificates  containing  the  several  particulars  of  the  cargo  and  the 
place  whence  the  vessel  sailed,  so  that  it  may  be  known  whether  any 
forbidden  or  contraband  goods  be  on  board  the  same,  which  certifi- 
cate shall  be  made  out  by  the  officers  of  the  place  whence  the  vessel 
sailed,  in  the  accustomed  form;  without  which  requisites  the  said 
vessel  may  be  detained,  to  be  adjudged  by  the  competent  tribunal, 
and  may  be  declared  legal  prize,  unless  the  said  defect  shall  be  satis- 
fied or  supplied  by  testimony  entirely  equivalent  to  the  satisfaction 
of  the  competent  tribunal. 

Article  XXIV. 

It  is  further  agreed,  that  the  stipulations  above  expressed,  relative 
to  the  visiting  and  examination  of  vessels,  shall  apply  only  to  those 
which  sail  without  convoy ; and  when  said  vessels  are  under  convoy, 
the  verbal  declf#'ation  of  the  commander  of  the  convoy,  or  his  word 
of  honor,  that  the  vessels  under  his  protection  belong  to  the  nation 
whose  flag  he  carries,  and  when  they  are  bound  to  an  enemy’s  port 
that  they  have  no  contraband  goods  on  board,  shall  be  sufficient. 


MEXICO — 1831. 


1093 


Article  XXV. 

It  is  further  agreed,  that  in  all  cases  the  established  courts  for  prize 
causes,  in  the  country  to  which  the  prizes  may  be  conducted,  shall 
alone  take  cognizance  of  them.  And  whenever  such  tribunal  of 
either  party  shall  pronounce  judgment  against  any  vessel,  or  goods, 
or  property  claimed  by  the  citizens  of  the  other  party,  the  sentence 
or  decree  shall  mention  the  reason  or  motives  on  which  the  same 
shall  have  been  founded;  and  an  authenticated  copy  of  the  sentence 
or  decree,  in  conformity  with  the  laws  and  usages  of  the  country, 
and  of  all  the  proceedings  of  the  case,  shall,  if  demanded,  be  deliv- 
ered to  the  commander  or  agent  of  said  vessel,  without  any  delay, 
he  paying  the  legal  fees  for  the  same. 

Article  XXVI. 

For  the  greater  security  of  the  intercourse  between  the  citizens  of 
the  United  States  of  America  and  of  the  United  Mexican  States,  it 
is  agreed,  now  for  then,  that  if  there  should  be  at  any  time  hereafter 
an  interruption  of  the  friendly  relations  which  now  exist,  or  a war 
unhappily  break  out  between  the  two  contracting  parties,  there  shall 
be  allowed  the  term  of  six  months  to  the  merchants  residing  on  the 
coast,  and  one  year  to  those  residing  in  the  interior  of  the  States  and 
territories  of  each  other  respectively,  to  arrange  their  business,  dis- 
pose of  their  effects,  or  transport  them  wheresoever  they  may  please, 
giving  them  a safe-conduct  to  protect  them  to  the  port  they  may 
designate.  Those  citizens  who  may  be  established  in  the  States  and 
territories  aforesaid,  exercising  any  other  occupation  or  trade,  shall 
be  permitted  to  remain  in  the  uninterrupted  enjoyment  of  their 
liberty  and  property,  so  long  as  they  conduct  themselves  peaceably, 
and  do  not  commit  any  offence  against  the  laws ; and  their  goods  and 
effects,  of  whatever  class  and  condition  they  may  be,  shall  not  be 
subject  to  any  embargo  or  sequestration  whatever,  nor  to  any  charge 
nor  tax  other  than  may  be  established  upon  similar  goods  and  effects 
belonging  to  the  citizens  of  the  State  in  which  they  reside  respec- 
tively; nor  shall  the  debts  between  individuals,  nor  moneys  in  the 
public  funds,  or  in  public  or  private  banks,  nor  shares  in  companies, 
be  confiscated,  embargoed,  or  detained. 

Article  XXVII. 

Both  the  contracting  parties  being  desirous  of  avoiding  all  in- 
equality in  relation  to  their  public  communications  and  official  inter- 
course, have  agreed  and  do  agree  to  grant  to  the  Envoys,  Ministers, 
and  other  public  agents,  the  same  favors,  immunities,  and  exemp- 
tions which  those  of  the  most  favored  nation  do  or  may  enjoy;  it 
being  understood  that  whatever  favors,  immunities,  or  privileges  the 
United  States  of  America  or  the  United  Mexican  States  may  find 
proper  to  give  to  the  Ministers  and  public  agents  of  any  other  Power, 
shall  by  the  same  act  be  extended  to  those  of  each  of  the  contracting 
parties. 


1094  TEEATIES,  CONVENTIONS,  ETC. 

Article  XXVIII.“ 

In  order  that  the  Consuls  and  Vice-Consuls  of  the  two  contracting 
parties  may  enjoy  the  rights,  prerogatives,  and  immunities  which 
belong  to  them  by  their  character,  they  shall,  before  entering  upon 
the  exercise  of  their  functions,  exhibit  their  commission  or  patent 
in  due  form  to  the  Government  to  which  they  are  accredited;  and 
having  obtained  their  exequatur,  they  shall  be  held  and  considered 
as  such  by  all  the  authorities,  magistrates,  and  inhabitants  of  the 
consular  district  in  which  they  reside.  It  is  agreed  likewise  to 
receive  and  admit  Consuls  and  Vice-Consuls  in  all  the  ports  and 
places  open  to  foreign  commerce,  who  shall  enjoy  therein  all  the 
rights,  prerogatives,  and  immunities  of  the  Consuls  and  Vice-Con- 
suls of  the  most  favored  nation,  each  of  the  contracting  parties  re- 
maining at  liberty  to  except  those  ports  and  places  in  which  the 
admission  and  residence  of  such  Consuls  and  Vice-Consuls  may  not 
seem  expedient. 

Article  XXIX. 

It  is  likewise  agreed  that  the  Consuls,  Vice-Consuls,  their  secre- 
taries, officers  and  persons  attached  to  the  service  of  Consuls,  they 
not  being  citizens  of  the  country  in  which  the  Consul  resides,  shall 
be  exempt  from  all  compulsory  public  service,  and  also  from  all 
kinds  of  taxes,  imposts,  and  contributions  levied  especially  on  them, 
except  those  which  they  shall  be  obliged  to  pay  on  account  of  com- 
merce or  their  property,  to  which  the  citizens  and  inhabitants,  native 
and  foreign,  of  the  country  in  which  they  reside,  are  subject;  being 
in  everjdhing  besides  subject  to  the  laws  of  their  respective  States. 
The  archives  and  papers  of  the  consulates  shall  be  respected  in- 
violably, and  Under  no  pretext  whatever  shall  any  magistrate  seize 
or  in  any  way  interfere  with  them. 

Article  XXX. 

The  said  Consuls  shall  have  power  to  require  the  assistance  of  the 
authorities  of  the  country,  for  the  arrest,  detention,  and  custody  of 
deserters  from  the  public  and  private  vessels  of  their  country;  and 
for  that  purpose,  they  shall  address  themselves  to  the  courts,  judges, 
and  officers  competent,  and  shall  demand  the  said  deserters  in  writ- 
ing, proving,  by  an  exhibition  of  the  register  of  the  vessel,  or  ship’s 
roll,  or  other  public  documents,  that  the  man  or  men  demanded  were 
part  of  said  crews;  and  on  this  demand  so  proved,  (saving  always 
where  the  contrary  is  proved,)  the  delivery  shall  not  be  refused. 
Such  deserters,  when  arrested,  shall  be  placed  at  the  disposal  of  the 
said  Consuls,  and  may  be  put  in  the  public  prisons  at  the  request 
and  expense  of  those  who  reclaim  them,  to  be  sent  to  the  vessels  to 
which  they  belong,  or  to  others  of  the  same  nation.  But,  if  they  be 
not  sent  back  within  two  months,  to  be  counted  from  the  day  of 
their  arrest,  they  shall  be  set  at  liberty,  and  shall  not  be  again 
arrested  for  the  same  cause. 


“ This  article  was  abrogated  by  the  second  article  of  the  treaty  of  December 
30,  1853 


MEXICO — 1831. 


1095 


Article  XXXI. 

For  the  purpose  of  more  effectually  protecting  their  commerce  and 
navigation,  the  two  contracting  parties  do  hereby  agree,  as  soon 
hereafter  as  circumstances  will  permit,  to  form  a consular  conven- 
tion, which  shall  declare  specially  the  powers  and  immunities  of  the 
Consuls  and  Vice-Consuls  of  the  respective  parties. 

Article  XXXII. 

For  the  purpose  of  regulating  the  interior  commerce  between  the 
frontier  territories  of  both  Republics,  it  is  agreed  that  the  Executive 
of  each  shall  have  power,  by  mutual  agreement,  of  determining  on 
the  route  and  establishing  the  roads  by  which  such  commerce  shall 
be  conducted;  and  in  all  cases  where  the  caravans  employed  in  such 
commerce  may  require  convoy  and  protection  by  military  escort,  the 
Supreme  Executive  of  each  nation  shall,  by  mutual  agreement,  in 
like  manner,  fix  on  the  period  of  departure  for  such  caravans,  and 
the  point  at  which  the  military  escort  of  the  two  nations  shall  be 
exchanged.  And  it  is  further  agreed,  that,  until  the  regulations  for 
governing  this  interior  commerce  between  the  two  nations  shall  be 
established,  the  commercial  intercourse  between  the  State  of  Mis- 
souri of  the  United  States  of  America,  and  New  Mexico  in  the 
United  Mexican  States,  shall  be  conducted  as  heretofore,  each  Gov- 
ernment atfording  the  necessary  protection  to  the  citizens  of  the 
other. 

Article  XXXIII. 

It  is  likewise  agreed  that  the  two  contracting  parties  shall,  by  all 
the  means  in  their  power,  maintain  peace  and  harmony  among  the 
several  Indian  nations  who  inhabit  the  lands  adjacent  to  the  lines 
and  rivers  which  form  the  boundaries  of  the  two  countries;  and  the 
better  to  attain  this  object,  both  parties  bind  themselves  expressly  to 
restrain,  by  force,  all  hostilities  and  incursions  on  the  part  of  the 
Indian  nations  living  within  their  respective  boundaries:  so  that  the 
United  States  of  America  will  not  suffer  their  Indians  to  attack  the 
citizens  of  the  United  Mexican  States,  nor  the  Indians  inhabiting 
their  territory ; nor  will  the  United  Mexican  States  permit  the  Indians 
residing  within  their  territories  to  commit  hostilities  against  the 
citizens  of  the  United  States  of  America,  nor  against  the  Indians 
residing  within  the  limits  of  the  United  States,  in  any  manner 
whatever. 

And  in  the  event  of  any  person  or  persons,  captured  by  the  Indians 
who  inhabit  the  territory  of  either  of  the  contracting  parties,  being 
or  having  been  carried  into  the  territories  of  the  other,  both  Govern- 
ments engage  and  bind  themselves  in  the  most  solemn  manner  to 
return  them  to  their  country  as  soon  as  they  know  of  their  being 
within  their  respective  territories,  or  to  deliver  them  up  to  the  agent 
or  representative  of  the  Government  that  claims  them,  giving  to  each 
other,  reciprocally,  timely  notice,  and  the  claimant  paying  the  ex- 
penses incurred  in  the  transmission  and  maintenance  of  such  person 
or  persons,  who,  in  the  mean  time,  shall  be  treated  with  the  utmost 
hospitality  by  the  local  authorities  of  the  place  where  they  may  be. 


1096 


TEEATIES,  CONVENTIONS,  ETC. 


Nor  shall  it  be  lawful,  under  any  pretext  whatever,  for  the  citizens  of 
either  of  the  contracting  parties  to  purchase  or  hold  captive  prisoners 
made  by  the  Indians  inhabiting  the  territories  of  the  other. 

Article  XXXIV. 

The  United  States  of  America  and  the  United  Mexican  States,  de- 
siring to  make  as  durable  as  circumstances  will  permit,  the  relations 
which  are  to  be  established  between  the  two  parties  by  virtue  of  this 
treaty  or  general  convention  of  amity,  commerce,  and  navigation, 
have  declared  solemnly,  and  do  agree  to  the  following  points : 

First.  The  present  treaty  shall  remain  and  be  in  force  for  eight 
years  from  the  day  of  the  exchange  of  the  ratifications,  and  until  the 
end  of  one  year  after  either  of  the  contracting  parties  shall  have  given 
notice  to  the  other  of  its  intention  to  terminate  the  same ; each  of  the 
contracting  parties  reserving  to  itself  the  right  of  giving  such  notice 
to  the  other,  at  the  end  of  said  term  of  eight  years.  And  it  is  hereby 
agreed  between  them  that,  on  the  expiration  of  one  year  after  such 
notice  shall  have  been  received  by  either  of  the  parties  from  the  other 
party,  this  treaty,  in  all  its  parts,  relating  to  commerce  and  naviga- 
tion, shall  altogether  cease  and  determine,  and  in  all  those  parts  which 
relate  to  peace  and  friendship,  it  shall  be  permanently  and  perpetu- 
ally binding  on  both  the  contracting  parties. 

Secondly.  If  any  one  or  more  of  the  citizens  of  either  party  shall 
infringe  any  of  the  articles  of  this  treaty,  such  citizens  shall  be  held 
personally  responsible  for  the  same;  and  the  harmony  and  good 
correspondence  between  the  two  nations  shall  not  be  interrupted 
thereby;  each  party  engaging  in  no  way  to  protect  the  offender,  or 
sanction  such  violation. 

Thirdly.  If  (what  indeed  cannot  be  expected)  any  of  the  articles 
contained  in  the  present  treaty  shall  be  violated  or  infracted  in  any 
manner  whatever,  it  is  stipulated  that  neither  of  the  contracting 
parties  will  order  or  authorize  any  acts  of  reprisal,  nor  declare  war 
against  the  other,  on  complaints  of  injuries  or  damages,  until  the  said 
party  considering  itself  offended  shall  first  have  presented  to  the 
other  a statement  of  such  injuries  or  damages,  verified  by  competent 
proofs,  and  demanded  justice  and  satisfaction,  and  the  same  shall 
have  been  either  refused  or  unreasonably  delayed. 

Fourthly.  Nothing  in  this  treaty  contained  shall,  however,  be  con- 
strued to  operate  contrary  to  former  and  existing  public  treaties  with 
other  Sovereigns  or  States. 

The  present  treaty  of  amity,  commerce,  and  navigation  shall  be  ap- 
proved and  ratified  by  the  President  of  the  United  States  of  America, 
by  and  with  the  advice  and  consent  of  the  Senate  thereof,  and  by  the 
Vice-President  of  the  United  Mexican  States,  with  the  consent  and 
approbation  of  the  Congress  thereof;  and  the  ratifications  shall  be 
exchanged  in  the  city  of  Washington,  within  the  term  of  one  year, 
to  be  counted  from  the  date  of  the  signature  hereof,  or  sooner  if 
possible. 

In  witness  whereof  we,  the  Plenipotentiaries  of  the  United  States 
of  America  and  of  the  United  Mexican  States,  have  signed  and  sealed 
these  presents.  Done  in  the  city  of  Mexico  on  the  fifth  day  of  April, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty-one. 


MEXICO — 1831. 


1097 


in  the  fifty-fifth  year  of  the  Independence  of  the  United  States  of 
America,  and  in  the  eleventh  of  that  of  the  United  Mexican  States. 
[seal,.]  * A.  Butler. 

[seal.]  Lucas  Alaman. 

[seal.]  Rafael  Mangino. 


ADDITIONAL  ARTICLE. 

lYhereas,  in  the  present  state  of  the  Mexican  shipping,  it  would 
not  be  possible  for  Mexico  to  receive  the  full  advantage  of  the  reci- 
procity established  in  the  fifth  and  sixth  articles  of  the  treaty  signed 
this  day,  it  is  agreed  that  for  the  term  of  six  years,  the  stipulations 
contained  in  the  said  articles  shall  be  suspended ; and  in  lieu  thereof, 
it  is  hereby  agreed,  that,  until  the  expiration  of  the  said  term  of  six 
3'^ears,  American  vessels  entering  into  the  ports  of  Mexico,  and  all 
articles  the  produce,  growth,  or  manufacture  of  the  United  States  of 
America,  imported  in  such  vessels,  shall  pay  no  other  or  higher  duties 
than  are  or  may  hereafter  be  payable  in  the  said  ports  by  the  vessels 
and  the  like  articles  the  growth,  produce,  or  manufacture  of  the  most 
favored  nation;  and,  reciprocally,  it  is  agreed  that  Mexican  vessels 
entering  into  the  ports  of  the  United  States  of  America,  and  all 
articles  the  growth,  produce,  or  manufacture  of  the  United  Mexican 
States,  imported  in  such  vessels,  shall  pay  no  other  or  higher  duties 
than  are,  or  may  hereafter  be,  payable  in  the  said  ports  by  the  vessels 
and  the  like  articles  the  growth,  produce,  or  manufacture  of  the  most 
favored  nation ; and  that  no  higher  duties  shall  be  paid,  or  bounties  or 
drawbacks  allowed,  on  the  exportation  of  any  article  the  growth, 
produce,  or  manufacture  of  either  country,  in  the  vessels  of  the  other, 
than  upon  the  exportation  of  the  like  articles  in  the  vessels  of  any 
other  foreign  country. 

The  present  additional  article  shall  have  the  same  force  and  value 
as  if  it  had  been  inserted,  word  for  word,  in  the  treaty  signed  this 
day.  It  shall  be  ratified,  and  the  ratification  [shall  be]  exchanged  at 
the  same  time. 

In  witness  whereof  we,  the  respective  Plenipotentiaries,  have  signed 
and  sealed  the  same. 

Done  at  Mexico  on  the  fifth  day  of  April,  one  thousand  eight  hun- 


dred anc 
[seal, 
[seal, 
[seal. 


thirty-one. 


A.  Butler. 

Lucas  Alaman. 
Rafael  Mangino. 


1831. 

Protocol  Concerning  the  Treaty  of  Amity,  Commerce  and 

Navigation  of  1831. 

Concluded  September  7, 1831. 

Protocol  of  a conference  had  on  the  7th  of  September,  1831,  between 
Anthony  Butler,  Plenipotentiary  on  the  part  of  the  United  States 
of  America,  and  their  Excellency’s  Lucas  Alaman  and  Raphael  Man- 
gino, Plenipotentiaries  for  the  United  Mexican  States. 


1098 


TREATIES,  CONVENTIONS,  ETC. 


The  undersigned  Plenipotentiaries  having  assembled  in  the  Office 
of  the  Secretary  of  State  for  foreign  affairs  proceeded  to  consider 
the  articles  7th  and  13th  of  the  Treaty  of  Amity,  commerce  and  navi- 
gation concluded  by  the  undersigned  Plenipotentiaries,  and  also  that 
part  of  the  3d  article  of  the  said  Treaty  contained  in  the  following 
words : “ to  trade  therein  in  all  sorts  of  produce,  manufactures  and 
merchandise ; ” These  articles  7.th  and  13. th  and  that  part  of  the  3.d 
abovementioned  having  been  suspended  by  the  Chamber  of  Deputies 
of  the  Congress  of  the  United  Mexican  States,  untill  the  undersigned 
shall  have  determined  upon  the  construction  which  the  said  articles 
shall  receive  in  regard  to  the  rights  of  Commerce  that  may  be  enjoyed 
by  the  citizens  of  each  of  the  high  contracting  parties.  After  free 
and  mature  deliberation,  the  undersigned  have  agreed  that  the  con- 
struction to  be  given  to  the  above  mentiond  articles,  shall  in  no 
matter  restrain  the  power  possessed  by  each  nation  respectively  of 
regulating  sales  by  retail  of  goods,  wares  and  merchandize  within 
their  respective  States  and  Territories.  And  to  remove  all  doubts 
as  to  the  object  designed  to  be  effected  by  the  said  Treaty  in  regard  to 
the  several  branches  which  it  embraces.  The  Plenipotentiaries  agree 
that  the  above-mentioned  articles  so  far  as  they  relate  to  the  Com- 
mercial intercourse  conductd.  by  the  citizens  of  their  respective 
Countries,  it  shall  be  reciprocal  and  equal  reserving  however  to  the 
United  States  of  America,  and  to  the  United  Mexican  States,  full 
power  and  entire  liberty  to  regulate  commerce  of  retail,  by  means  of 
their  respective  Legislatures  in  conformity  with  what  each  party 
may  consider  as  the  interest  of  their  own  citizens,  without  being 
restrained  by  any  stipulation  contained  in  the  above  mentioned  Treaty 
of  Amity,  Commerce,  and  Navigation,  provided  that  the  Measures 
adopted  by  the  Legislature  of  either  party,  shall  be  general  in  their 
operations  and  extend  equally  to  the  subjects  and  Citizens  of  all  other 
nations  who  maintain  commercial  relations  with  the  high  contracting 
parties  in  conformity  with  the  principle  of  “ the  most  favored 
Nation,  ” establishd.  on  a reciprocal  basis  in  the  Treaty  of  Amity, 
Commerce  and  Navigation  concluded  by  the  undersigned  Plenipo- 
tentiaries and  signed  on  the  6th  April  of  the  present  year,  and  of 
which  Treaty  the  abovementiond.  articles  3d.,  7th  and  13  form  a part. 

In  testimony  of  which  the  undersignd.  have  subscribed  the  present 
protocol  in  Mexico  on  the  7th,  Sept.er  in  the  year  1831. 

A.  Butler 
Lucas  Alaman 
Raphael  Mangino 


1831. 

Protocol  Concerning  the  Treaty  of  Amity,  Commerce  and 

Navigation  of  1831. 

Concluded  December  17,  1831. 

Protocol  of  a conference  held  by  their  Excellencies  the  Secretaries 
of  State  for  Home  and  Foreign  Affairs,  and  of  the  Treasury,  and 
Anthony  Butler,  Charge  d’Affaires  of  the  United  States  of  America, 
Plenipotentiaries  respectively  of  these  States  and  of  those,  for  the 
celebration  of  Treaties  of  Amity,  Commerce  Navigation  and  bound- 
ary between  both  Republics,  the  17th  day  of  Decbr,  1831. 


MEXICO — 1831-1835. 


1099 


On  the  17th  of  Decbr,  1831,  their  Excellencies,  Lucas  Alaman,  Sec- 
retary of  State  for  Home  and  Foreign  Affairs  and  Eaphael  Mangino, 
Secretary  of  the  Treasury,  Plenipotentiaries  appointed  by  the  Vice 
President,  in  exercise  of  the  executive  power  of  these  States,  for  the 
celebration  of  Treaties  of  Amity,  Commerce  and  Navigation,  and  for 
the  adjustment  of  a boundary  with  the  United  States  of  America, 
and  Anthony  Butler,  Charge  d’Affaires  of  the  said  States,  and  Pleni- 
potentiary appointed,  for  the  same  object,  by  the  President  of  the 
said  States,  having  met  in  the  Office  of  the  Secretary  for  Home  and 
Foreign  Affairs,  the  two  former  set  forth,  that  the  Treaty  of  Amity, 
Commerce  and  navigation,  celebrated  in  this  Capital  by  the  under- 
signed Plenipotentiaries  on  the  fifth  of  April  of  the  present  year, 
being  approved  by  both  Chambers  of  the  General  Congress  of  these 
States,  with  the  exception  of  the  34th  article,  on  the  approval  of 
which  difficulties  have  occured,  that  have  caused  the  deliberation  re- 
specting it  to  be  suspended  and  of  the  second  additional  article,  which 
has  been  disapproved,  having  been  considered  unnecessary;  and  the 
additional  article  of  the  Treaty  of  Boundary,  celebrated  the  5th  of 
April  last,  being  also  approved,  the  extraordinary  Sessions  of  Con- 
gress have  been  closed,  without  a communication  to  the  Executive  of 
the  Decree  of  approbation  withheld  solely  by  the  difficulties  which 
have  occurred  only  with  respect  to  the  said  34th  article;  and  the 
Plenipotentiaries,  having  conferred  at  large  upon  the  particular,  de- 
sirous on  the  one  part  and  on  the  other,  that  no  hindrance  should  be 
put  to  the  conclusion  of  treaties,  which,  drawing  closer  the  friendly 
relations  that  happily  unite  the  two  Reijublics,  are  equally  beneficial 
to  both,  they  agreed  that,  to  remove  every  obstical  which  might  em- 
barrass the  attainment  of  this  desired  end,  the  before  mentioned  34th 
article  ought  to  be  separated  from  the  Treaty  of  Amity,  Commerce 
and  Navigation,  it  not  having  any  necessary  Connection  with  the 
other  Stipulations  of  the  said  Treaty,  and,  in  the  place  of  it,  ought  to 
be  substituted  the  35th  article,  which  would  then  become,  by  numeri- 
cal order,  the  34th  and  the  last;  and  that,  besides,  in  the  copy  which 
should  be  made  for  the  exchange  of  ratifications  and  the  publication 
of  the  Treaty,  the  second  additional  article  which  has  been  disap- 
proved by  the  Congress  of  these  States,  should  be  suppressed. 

And  it  having  been  thus  agreed  and  settled,  for  the  due  and  suit- 
able proof  of  the  same,  it  was  equally  settled  that  this  Protocol  should 
be  written  in  duplicate,  and  be  signed  by  the  plenipotentiaries ; which 
they  did  accordingly  in  the  day,  month  and  year  already  mentioned. 

A.  Butler 
Lucas  Alaman 
Raphael  Mangino 


1835.“ 

Second  Additional  Article  to  Treaty  of  Limits  of  January 

12,  1828. 

Concluded  April  3,  1835;  ratifications  exchanged  at  W ashington 
April  20,  1836;  proclaimed  April  21,  1836. 

A treaty  having  been  concluded  and  signed  in  the  city  of  Mexico, 
on  the  12th  day  of  January,  1828,  between  the  United  States  of 


“ The  commission  referred  to  was  not  appointed  and  the  treaty  itself  expired 
with  the  treaty  of  1828. 


1100 


TREATIES,  CONVENTIONS,  ETC. 


America  and  the  Mexican  United  States,  for  the  purpose  of  estab- 
lishing the  true  dividing  line  and  boundary  between  the  two  nations, 
the  3d  article  of  which  treaty  is  as  follows : “ To  fix  this  line  with 
more  precision,  and  to  place  the  landmarks  which  shall  designate 
exactly  the  limits  of  both  nations,  each  of  the  contracting  parties 
shall  appoint  a commissioner  and  a surveyor,  who  shall  meet  before 
the  termination  of  one  year  from  the  date  of  the  ratification  of  this 
treaty  at  Natchitoches,  on  the  Eed  River,  and  proceed  to  run  and 
mark  said  line  from  the  mouth  of  the  Sabine  to  the  Red  River,  and 
from  the  Red  River  to  the  river  Arkansas,  and  to  ascertain  the 
latitude  of  the  source  of  said  river  Arkansas,  in  conformity  to  what 
is  agreed  upon  and  stipulated,  and  the  line  of  latitude  42  to  the 
South  Sea.  They  shall  make  out  plans,  and  keep  journals  of  their 
proceedings,  and  the  result  agreed  upon  by  them  shall  be  considered 
as  part  of  this  treaty,  and  shall  have  the  same  force  as  if  it  were 
inserted  therein.  The  two  Governments  will  amicably  agree  respect- 
ing the  necessary  articles  to  be  furnished  to  those  persons,  and  also 
as  to  their  respective  escorts  should  such  be  deemed  necessary : ” And 
the  ratifications  of  said  treaty  having  been  exchanged  in  the  city  of 
Washington,  on  the  5th  day  of  April,  in  the  year  of  1832,  but  from 
various  causes  the  contracting  parties  have  been  unable  to  perform 
the  stipulations  contained  in  the  above  mentioned  3d  article,  and  the 
period  within  which  the  said  stipulations  could  have  been  executed 
has  elapsed;  and  both  Republics  being  desirous  that  the  said  treaty 
should  be  carried  into  effect  with  all  due  solemnity,  the  President  of 
the  United  States  of  America  has  for  that  purpose  fully  empowered 
on  his  part  Anthony  Butler,  a citizen  thereof  and  Charge  d’Affaires 
of  said  States  in  Mexico,  and  the  acting  President  of  the  United 
Mexican  States  having  in  like  manner  fully  empowered  on  his  part 
their  Excellencies  Jose  Maria  Gutierrez  de  Estrada,  Secretary  of 
State  for  Home  and  Foreign  Affairs,  and  Jose  Mariano  Blasco, 
Secretary  of  the  Treasury ; and  the  said  Plenipotentiaries,  after  hav- 
ing mutually  exchanged  their  full  powers,  found  to  be  ample  and  in 
form,  they  have  agreed  and  do  hereby  agree  to  the  following  second 
additional  article  to  the  said  treaty : 

Within  the  space  of  one  year,  to  be  estimated  from  the  date  of  the 
exchange  of  the  ratifications  of  this  said  additional  article,  there 
shall  be  appointed  by  the  Government  of  the  United  States  of 
America  and  of  the  Mexican  United  States,  each  a commissioner  and 
surveyor,  for  the  purpose  of  fixing  with  more  precision  the  dividing- 
line,  and  for  establishing  the  landmarks  of  boundary  and  limits  be- 
tween the  two  nations,  with  the  exactness  stipulated  by  the  3d  article 
of  the  Treaty  of  Limits,  concluded  and  signed  in  Mexico  on  the  12th 
day  of  January,  1828,  and  the  ratifications  of  which  were  exchanged 
in  Washington  city  on  the  5th  day  of  April,  1832.  And  the  present 
additional  article  shall  have  the  same  force  and  effect  as  if  it  had 
been  inserted  word  for  word  in  the  above-mentioned  treaty  of  the 
12th  of  January,  1828,  and  shall  be  approved  and  ratified  in  the 
manner  prescribed  by  the  Constitutions  of  the  respective  States. 

In  faith  of  which  the  said  Plenipotentiaries  have  hereunto  set  their 
hands  and  affixed  their  respective  seals. 

Done  in  the  city  of  Mexico  on  the  third  day  of  April,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  thirty-five,  in  the 


MEXICO — ^1835-1839. 


1101 


fifty-ninth  year  of  the  independence  of  the  United  States  of  America, 
and  of  the  fifteenth  of  that  of  the  United  Mexican  States. 

[seal.]  a.  Butler. 

[seal.]  J.  M.  Gutierrez  de  Estrada, 

[seal.]  Jose  Mariano  Blasco. 


1839.“ 

Claims  Convention.** 

Concluded  April  11,  1839;  ratiiication  advised  hy  the  Senate  March 
17,  18Ifi;  ratijied  hy  the  President  April  6,  181^.0;  ratifications  ex- 
changed April  7, 18Jfi;  proclaimed  April  8,  18Ifi. 

Articles. 


I.  Claims. 

II.  Secretaries. 

III.  Meeting. 

IV.  Documents. 

V.  Decision  on  justice  of  claims. 

VI.  Payment. 

VII.  Disagreement  of  commission. 


VIII.  Umpire. 

IX.  Umpire. 

X.  Decision  of  umpire. 
XI.  Payment. 

XII.  Finality  of  decision. 

XIII.  Expenses. 

XIV.  Ratification. 


Whereas  a convention  for  the  adjustment  of  claims  of  citizens 
of  the  United  States  upon  the  Government  of  the  Mexican  Republic 
was  concluded  and  signed  at  Washington  on  the  10th  day  of  Septem- 
ber, 1838,  which  convention  was  not  ratified  on  the  part  of  the  Mexi- 
can Government,  on  the  alleged  ground  that  the  consent  of  His 
Majesty  the  King  of  Prussia  to  provide  an  arbitrator  to  act  in  the 
case  provided  by  said  convention  could  not  be  obtained ; 

And  whereas  the  parties  to  said  convention  are  still,  and  equally, 
desirous  of  terminating  the  discussions  which  have  taken  place  be- 
tween them  in  respect  to  said  claims,  arising  from  injuries  to  the 
persons  and  property  of  citizens  of  the  United  States  by  Mexican 
authorities,  in  a manner  equally  advantageous  to  the  citizens  of  the 
United  States,  by  whom  said  injuries  have  been  sustained,  and  more 
convenient  to  Mexico  than  that  provided  by  said  convention : 

The  President  of  the  United  States  has  named  for  this  purpose, 
and  furnished  with  full  powers,  John  Forsyth,  Secretary  of  State  of 
the  said  United  States ; and  the  President  of  the  Mexican  Republic  has 
named  His  Excellency  Senor  Don  Francisco  Pizarro  Martinez, 
accredited  as  Envoy  Extraordinary  and  Minister  Plenipotentiary  of 
the  Mexican  Republic  to  the  United  States,  and  has  furnished  him 
with  full  powers  for  the  same  purpose ; 

And  the  said  Plenipotentiaries  have  agreed  upon  and  concluded 
the  following  articles: 

Article  I. 

It  is  agreed  that  all  claims  of  citizens  of  the  United  States  upon 
the  Mexican  Government,  statements  of  which,  soliciting  the  inter- 


“Gill  V.  Oliver’s  Executors  (11  How.,  529). 


1102 


TREATIES,  CONVENTIONS,  ETC, 


position  of  the  Government  of  the  United  States,  have  been  pre- 
sented to  the  Department  of  State  or  to  the  diplomatic  agent  of  the 
United  States  at  Mexico  until  the  signature  of  this  convention,  shall 
be  referred  to  four  commissioners,  who  shall  form  a board,  and  be 
appointed  in  the  following  manner,  namely : two  commissioners  shall 
be  appointed  by  the  President  of  the  United  States,  by  and  with  the 
advice  and  consent  of  the  Senate  thereof,  and  two  commissioners  by 
the  President  of  the  Mexican  Republic.  The  said  commissioners,  so 
appointed,  shall  be  sworn  impartially  to  examine  and  decide  upon  the 
said  claims  according  to  such  evidence  as  shall  be  laid  before  them 
on  the  part  of  the  United  States  and  the  Mexican  Republic  respec- 
tively. 

Article  II. 

The  said  board  shall  have  two  secretaries,  versed  in  the  English 
and  Spanish  languages;  one  to  be  appointed  by  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof,  and  the  other  by  the  President  of  the  Mexican  Republic. 
And  the  said  Secretaries  shall  be  sworn  faithfully  to  discharge  their 
duty  in  that  capacity. 

Article  III. 

The  said  board  shall  meet  in  the  city  of  Washington  within  three 
months  after  the  exchange  of  the  ratifications  of  this  convention,  and 
within  eighteen  months  from  the  time  of  its  meeting  shall  terminate 
its  duties.  The  Secretary  of  State  of  the  United  States  shall,  imme- 
diately after  the  exchange  of  the  ratifications  of  this  convention,  give 
notice  of  the  time  of  the  meeting  of  the  said  board,  to  be  published 
in  two  newspapers  in  Washington,  and  in  such  other  papers  as  he  may 
think  proper. 

Article  IV. 

All  documents  which  now  are  in,  or  hereafter,  during  the  continu- 
ance of  the  commission  constituted  by  this  convention,  may  come  into 
the  possession  of  the  Department  of  State  of  the  United  States,  in 
relation  to  the  aforesaid  claims,  shall  be  delivered  to  the  board.  The 
Mexican  Government  shall  furnish  all  such  documents  and  explana- 
tions as  may  be  in  their  possession,  for  the  adjustment  of  the  said 
claims  according  to  the  principles  of  justice,  the  law  of  nations,  and 
the  stipulations  of  the  treaty  of  amity  and  commerce  between  the 
United  States  and  Mexico  of  the  5th  of  April,  1831 ; the  said  docu- 
ments to  be  specified  when  demanded  at  the  instance  of  the  said 
commissioners. 

Article  Y, 

The  said  commissioners  shall,  by  a report  under  their  hands  and 
seals,  decide  upon  the  justice  of  the  said  claims  and  the  amount  of 
compensation,  if  any,  due  from  the  Mexican  Government  in  each  case. 

Article  VT. 

It  is  agreed  that  if  it  should  not  be  convenient  for  the  Mexican 
Government  to  pay  at  once  the  amount  so  found  due,  it  shall  be  at 


MEXICO — 1839. 


1103 


liberty,  immediately  after  the  decisions  in  the  several  cases  shall  have 
taken  place,  to  issue  Treasury  notes,  receivable  at  the  maritime  cus- 
tom-houses of  the  Republic  in  payment  of  any  duties  which  may  be 
due  or  imposed  at  said  custom-houses  upon  goods  entered  for  importa- 
tion or  exportation;  said  Treasury  notes  to  bear  interest  at  the  rate 
of  eight  per  centum  per  annum  from  the  date  of  the  award  on  the 
claim  in  payment  of  which  said  Treasury  notes  shall  have  been  issued 
until  that  of  their  receipt  at  the  Mexican  custom-houses.  But  as  the 
presentation  and  receipt  of  said  Treasury  notes  at  said  custom-houses 
in  large  amounts  might  be  inconvenient  to  the  Mexican  Government, 
it  is  further  agreed  that,  in  such  case,  the  obligation  of  said  Govern- 
ment to  receive  them  in  payment  of  duties,  as  above  stated,  may  be 
limited  to  one-half  the  amount  of  said  duties. 

Article  VII. 

It  is  further  agreed  that  in  the  event  of  the  commissioners  differ- 
ing in  relation  to  the  aforesaid  claims,  they  shall,  jointly  or  severally, 
draw  up  a report,  stating,  in  detail,  the  points  on  which  they  differ, 
and  the  grounds  upon  which  their  respective  opinions  have  been 
formed.  And  it  is  agreed  that  the  said  report  or  reports,  with  authen- 
ticated copies  of  all  documents  upon  which  they  may  be  founded, 
shall  be  referred  to  the  decision  of  His  Majesty  the  King  of  Prussia. 
But  as  the  documents  relating  to  the  aforesaid  claims  are  so  volumi- 
nous that  it  cannot  be  expected  His  Prussian  Majesty  would  be  will- 
ing or  able  personally  to  investigate  them,  it  is  agreed  that  he  shall 
appoint  a person  to  act  as  an  arbiter  in  his  behalf ; that  the  person  so 
appointed  shall  proceed  to  Washington;  that  his  travelling  expenses 
to  that  city  and  from  thence  on  his  return  to  his  place  of  residence  in 
Prussia,  shall  be  defrayed,  one-half  by  the  United  States  and  one-half 
by  the  Mexican  Republic ; and  that  he  shall  receive  as  a compensation 
for  his  services  a sum  equal  to  one-half  the  compensation  that  may 
be  allowed  by  the  United  States  to  one  of  the  commissioners  to  be 
appointed  by  them,  added  to  one-half  the  compensation  that  may  be 
allowed  by  the  Mexican  Government  to  one  of  the  commissioners  to 
be  appointed  by  it.  And  the  compensation  of  such  arbiter  shall  be 
paid,  one-half  by  the  United  States  and  one-half  by  the  Mexican 
Government. 

Article  VIII. 

Immediately  after  the  signature  of  this  convention,  the  Plenipoten- 
tiaries of  the  contracting  parties  (both  being  thereunto  competently 
authorized)  shall,  by  a joint  note,  addressed  to  the  Minister  for  For- 
eign Affairs  of  His  Majesty  the  King  of  Prussia,  to  be  delivered  by 
the  Minister  of  the  United  States  at  Berlin,  invite  the  said  monarch 
to  appoint  an  umpire  to  act  in  his  behalf  in  the  manner  above  men- 
tioned, in  case  this  convention  shall  be  ratified  respectively  by  the 
Governments  of  the  United  States  and  Mexico. 

Article  IX. 

It  is  agreed  that,  in  the  event  of  His  Prussian  Majesty’s  declining 
to  appoint  an  umpire  to  act  in  his  behalf,  as  aforesaid,  the  contracting 
parties,  on  being  informed  thereof,  shall,  without  delay,  invite  Her 


1104 


TREATIES,  CONVENTIONS,  ETC. 


Britannic  Majesty,  and  in  case  of  her  declining.  His  Majesty  the  King 
of  the  Netherlands,  to  appoint  an  umpire  to  act  in  their  behalf,  re- 
spectively, as  above  provided. 

Article  X. 

And  the  contracting  parties  further  engage  to  consider  the  decision 
of  such  umpire  to  be  final  and  conclusive  on  all  the  matters  so  re- 
ferred. 

Article  XL 

For  any  sums  of  money  which  the  umpire  shall  find  due  to  citizens 
of  the  United  States  by  the  Mexican  Government,  Treasury  notes 
shall  be  issued  in  the  manner  aforementioned. 

Article  XII. 

And  the  United  States  agree  forever  to  exonerate  the  Mexican 
Government  from  any  further  accountability  for  claims  which  shall 
either  be  rejected  by  the  board  or  the  arbiter  aforesaid,  or  which, 
being  allowed  by  either,  shall  be  provided  for  by  the  said  Government 
in  the  manner  before  mentioned. 

Article  XIII. 

And  it  is  agreed  that  each  Government  shall  provide  compensation 
for  the  commissioners  and  secretary  to  be  appointed  by  it;  and  that 
the  contingent  expenses  of  the  board  shall  be  defrayed,  one  moiety  by 
the  United  States  and  one  moiety  by  the  Mexican  Eepublic. 

Article  XIV. 

This  convention  shall  be  ratified,  and  the  ratifications  shall  be  ex- 
changed at  Washington  within  twelve  months  from  the  signature 
hereof,  or  sooner  if  possible. 

In  faith  whereof  we,  the  Plenipotentiaries  of  the  United  States  of 
America  and  of  the  Mexican  Eepublic,  have  signed  and  sealed  these 
presents. 

Done  in  the  city  of  Washington  on  the  eleventh  day  of  April,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty-nine, 
in  the  sixty-third  year  of  the  Independence  of  the  United  States  of 
America,  and  the  nineteenth  of  that  of  the  Mexican  Eepublic. 

[seal.]  John  Forsyth. 

[seal.]  Fran.  Pizarro  Martinez. 


The  commission  provided  for  in  the  foregoing  treat^^  was  duly  ap- 
pointed. The  commission  held  its  first  session  in  Washington  August 
25,  1840,  and  terminated  its  duties  February  25,  1842,  and  by  the 
treaty  of  1843  the  payment  of  the  awards  rendered  by  the  commission 
under  the  treaty  of  1835  was  provided  for. 


MEXICO- — 1843. 


1105 


1843. 

Claims  Convention. 

Concluded  January  30, 181^3;  ratification  advised  hy  the  Senate  March 
2, 18^3;  ratified  hy  the  President;  ratifications  exchanged  March  29, 
1843;  proclaimed  March  30,  1843. 


I.  Interest. 

II.  Time  of  payment. 

III.  Place  of  payment. 

IV.  Pledge  of  direct  taxes. 


Abticles. 

V.  Interest  to  cover  charges. 

VI.  New  convention. 

VII.  Eatification. 


Whereas,  by  the  convention  between  the  United  States  and  the 
Mexican  Eepublic,  of  the  11th  April,  1839,  it  is  stipulated  that,  if  it 
should  not  be  convenient  to  the  Mexican  Government  to  pay  at  once 
the  sums  found  to  be  due  to  the  claimants  under  that  convention,  that 
Government  shall  be  at  liberty  to  issue  Treasury  notes  in  satisfaction 
of  those  sums;  and  whereas  the  Government  of  Mexico  [is]  anxious 
to  comply  with  the  terms  of  said  convention,  and  to  pay  those  awards 
in  full,  but  finds  it  inconvenient  either  to  pay  them  in  money  or  to 
issue  the  said  Treasury  notes : The  President  of  the  United  States  has, 
for  the  purpose  of  carrying  into  full  effect  the  intentions  of  the  said 
parties,  conferred  full  powers  on  Waddy  Thompson,  Envoy  Extraor- 
dinary and  Minister  of  the  United  States  to  the  Mexican  Govern- 
ment, and  the  President  of  the  Mexican  Republic  has  conferred  full 
powers  on  their  Excellencies  Jose  Maria  de  Bocanegra,  Minister  of 
Foreign  Relations,  and  Manuel  Eduardo  de  Gorostiza,  Minister  of 
Finance.  And  the  said  Plenipotentiaries,  after  having  exchanged 
their  full  powers,  found  to  be  in  due  form,  have  agreed  to  and  con- 
cluded the  following  articles : 


Article  I. 

On  the  30th  day  of  April,  1843,  the  Mexican  Government  shall  pay 
all  the  interest  which  may  then  be  due  on  the  awards  in  favor  of 
claimants  under  the  convention  of  the  11th  of  April,  1839,  in  gold  or 
silver  money,  in  the  city  of  Mexico. 

Article  II. 

The  principal  of  the  said  awards,  and  the  interest  accruing  thereon, 
shall  be  paid  in  five  years,  in  equal  instalments  every  three  months, 
the  said  term  of  five  years  to  commence  on  the  30th  day  of  April, 
1843,  aforesaid. 

Article  III. 


The  payments  aforesaid  shall  be  made  in  the  city  of  Mexico  to 
such  person  as  the  United  States  may  authorize  to  receive  them,  in 
gold  or  silver  money.  But  no  circulation,  export,  nor  other  duties 
24449 — VOL  1 — 10 70 


1106 


TREATIES,  CONVENTIONS,  ETC. 


shall  be  charged  thereon ; and  the  Mexican  Government  takes  the  risk, 
charges,  and  expenses  of  the  transportation  of  the  money  to  the  city 
of  Vera  Cruz. 

Article  IV. 

The  Mexican  Government  hereby  solemnly  pledges  the  proceeds  of 
the  direct  taxes  of  the  Mexican  Republic  for  the  payment  of  the  in- 
stalments and  interest  aforesaid,  but  it  is  understood  that  whilst  no 
other  fund  is  thus  specifically  hypothecated,  the  Government  of  the 
United  States,  by  accepting  this  pledge,  does  not  incur  any  obliga- 
tion to  look  for  payment  of  those  instalments  and  interest  to  that 
fund  alone. 

Article  V. 

As  this  new  arrangement,  which  is  entered  into  for  the  accommoda- 
tion of  Mexico,  will  involve  additional  charges  of  freight,  commis- 
sion, &c.,  the  Government  of  Mexico  hereby  agrees  to  add  two  and  a 
half  per  centum  on  each  of  the  aforesaid  payments  on  account  of 
said  charges. 

Article  VI. 

A new  convention  shall  be  entered  into  for  the  settlement  of  all 
claims  of  the  Government  and  citizens  of  the  United  States  against 
the  Republic  of  Mexico,  which  were  not  finally  decided  by  the  late 
commission  which  met  in  the  city  of  Washingion,  and  of  all  claims  of 
the  Government  and  citizens  of  Mexico  against  the  United  States. 

Article  VII. 

The  ratifications  of  this  convention  shall  be  exchanged  at  Washing- 
ton within  three  months  after  the  date  thereof,  provided  it  shall  arrive 
at  Washington  before  the  adjournment  of  the  present  session  of  Con- 
gress; and  if  not,  then  within  one  month  after  the  meeting  of  the  next 
Congress  of  the  United  States. 

In  faith  whereof  we,  the  Plenipotentiaries  of  the  United  States  of 
Aonerica  and  of  the  Mexican  Republic,  have  signed  and  sealed  these 
presents. 

Done  at  the  city  of  Mexico  on  the  thirtieth  day  of  Januaiy,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  forty-three,  and  in 
the  sixty-seventh  year  of  the  Independence  of  the  United  States  of 
America,  and  in  the  twenty-third  year  of  that  of  the  Mexican 
Republic. 

[seal.] 

[seal.] 

[seal.] 


Waddy  Thompson. 

J.  Ma.  de  Bocanegra. 
M.  E.  DE  Gorostiza. 


MEXICO — 1848. 


1107 


1848. 


Treatt  of  Peace,  Friendship,  Limits,  and  Settlement.® 
(TREATY  OF  GUADALUPE  HIDALGO.) 


Concluded  Fehruary  2, 181f.8;  rati-fication  advised  hy  the  Senate,  with 
amendments,  March  10,  18Jf8;  ratified  hy  the  President  March  16, 
18If.8;  ratifications  exchanged  May  30,  1848;  proclaimed  July  4i 
1848. 

Aeticles. 


I.  Declaration  of  peace. 

II.  .Suspension  of  hostilities. 

III.  Withdrawal  of  troops,  etc. 

IV.  Restoration  of  territory ; evacua- 

tion ; prisoners. 

V.  Boundary  line. 

VI.  Navigation  of  Gulf  of  California 
and  lower  Colorado  River. 

VII.  Navigation  of  Gila  and  Bravo 
rivers. 

VIII.  Inhabitants  of  ceded  territory. 

IX.  Acquiring  United  States  citizen- 
ship. 

X.*  (Stricken  out.) 

XI.  Protection  against  Indians. 

XII.  Payment  for  ceded  lands. 

XIII.  Payment  of  claims  awarded 
against  Mexico. 


XIV.  Discharge  of  all  prior  claims. 

XV.  Ascertainment  of  outstanding 
claims. 

XVI.  Fortifications. 

XVII.  Revival  of  former  treaties. 

XVIII.  Supplies  for  United  States 
troops  occupying  Mexico. 

XIX.  Imports  during  United  States 
occupation. 

XX.  Duties  on  imports  before  resto- 
ration of  Mexican  customs 
authorities. 

XXI.  Arbitration  of  future  disagree- 
ments. 

XXII.  Rules  to  be  observed  in  case  of 
war. 

XXIII.  Ratification. 

Protocol. 


In  the  name  of  Almighty  God : 

The  United  States  of  America  and  the  United  Mexican  States, 
animated  by  a sincere  desire  to  put  an  end  to  the  calamities  of  the 
war  which  unhappily  exists  between  the  two  Republics,  and  to  estab- 
lish upon  a solid  basis  relations  of  peace  and  friendship,  which  shall 
confer  reciprocal  benefits  upon  the  citizens  of  both,  and  assure  the 
concord,  harmony,  and  mutual  confidence  wherein  the  two  peoples 
should  live,  as  good  neighbours,  have  for  that  purpose  appointed 
their  respective  plenipotentiaries,  that  is  to  say : 

The  President  of  the  United  States  has  appointed  Nicholas  P. 
Trist,  a citizen  of  the  United  States,  and  the  President  of  the  Mexican 
Republic  has  appointed  Don  Luis  Gonzaga  Cuevas,  Don  Bernardo 
Couto,  and  Don  Miguel  Atristain,  citizens  of  the  said  Republic; 

Who,  after  a reciprocal  communication  of  their  respective  full 
powers,  have,  under  the  protection  of  Almighty  God,  the  author  of 
peace,  arranged,  agreed  upon,  and  signed  the  following 


“Federal  cases:  Cross  v.  Harrison  (16  How.,  164),  Judson  v.  Corcoran  (17 
How.,  612),  McKinney  r.  Saviego  (18  How.,  2.35),  U.  S.  v.  Auguisola  (1  Wall., 
352),  U.  S.  V.  Moreno  (1  Wall.,  400),  U.  S.  i\  Yorba  (1  Wall.,  412),  Townsend  r. 
Greeley  (5  Wall.,  326),  In  re  Atocha  (17  Wall.,  439),  Basse  v.  Brownsville  (22 
Law.  Ed.,  420,  154  U.  S.,  610),  Botiller  v.  Dominguez  (130  U.  S.,  238),  Seabury  v. 
Field  (1  McAllister,  1),  Friedman  v.  Goodwin  (1  McAllister,  142),  Tobin  v. 
Walkinshaw  (1  McAllister,  186),  Tripp  v.  Spring  (5  Sawy.,  209),  Atocha  v. 
U.  S.  (8  Ct.  Cls.,  427),  Crystal  Springs  Land  and  Water  Co.  v.  Los  Angeles  (76 
Fed.  Rep.,  148),  In  re  Rodriguez  (81  Fed.  Rep.,  337),  Hooker  v.  Los  Angeles 
(I. 88  U.  S.,  314),  Sena  v.  U.  S.  (189  U.  S.,  233),  Devine  v.  Los  Angeles  (202 
U.  S.,  313). 


1108 


TKEATIES,  CONVENTIONS,  ETC. 


Treaty  of  Peace,  Friendship,  Limits,  and  Settlement  between  the 
United  States  of  America  and  the  Mexican  Kepublic. 

ArTICLiE  I. 

There  shall  be  firm  and  universal  peace  between  the  United  States 
of  America  and  the  Mexican  Republic,  and  between  their  respective 
countries,  territories,  cities,  towns,  and  people,  without  exception  of 
places  or  persons. 

Article  II. 

Immediately  upon  the  signature  of  this  treaty,  a convention  shall 
be  entered  into  between  a commissioner  or  commissioners  appointed 
by  the  General-in-chief  of  the  forces  of  the  United  States,  and  such 
as  may  be  appointed  by  the  Mexican  Government,  to  the  end  that  a 
provisional  suspension  of  hostilities  shall  take  place,  and  that,  in  the 
places  occupied  by  the  said  forces,  constitutional  order  may  be  re- 
established, as  regards  the  political,  administrative,  and  judicial 
branches,  so  far  as  this  shall  be  permitted  by  the  circumstances  of 
military  occupation. 

Article  III. 

Immediately  upon  the  ratification  of  the  present  treaty  by  the  Gov- 
ernment of  the  United  States,  orders  shall  be  transmitted  to  the 
commanders  of  their  land  and  naval  forces,  requiring  the  latter  ( jiro- 
vided  this  treaty  shall  then  have  been  ratified  by  the  Government  of 
the  Mexican  Republic,  and  the  ratifications  exchanged)  immediately 
to  desist  from  blockading  any  Mexican  ports;  and  requiring  the  for- 
mer (under  the  same  condition)  to  commence,  at  the  earliest  moment 
practicable,  withdrawing  all  troops  of  the  United  States  then  in  the 
interior  of  the  Mexican  Republic,  to  points  that  shall  be  selected  by 
common  agreement,  at  a distance  from  the  seaports  not  exceeding 
thirty  leagues;  and  such  evacuation  of  the  interior  of  the  Republic 
shall  be  completed  with  the  least  possible  delay;  the  Mexican  Gov- 
ernment hereby  binding  itself  to  atford  every  facility  in  its  power 
for  rendering  the  same  convenient  to  the  troops,  on  their  march  and 
in  their  new  positions,  and  for  promoting  a good  understanding 
between  them  and  the  inhabitants.  In  like  manner  orders  shall  be 
dispatched  to  the  persons  in  charge  of  the  custom-houses  at  all  ports 
occupied  by  the  forces  of  the  United  States,  requiring  them  (under 
the  same  condition)  immediately  to  deliver  possession  of  the  same  to 
the  persons  authorized  by  the  Mexican  Government  to  receive  it, 
together  with  all  bonds  and  evidences  of  debt  for  duties  on  importa- 
tions and  on  exportations,  not  yet  fallen  due.  Moreover,  a faithful 
and  exact  account  shall  be  made  out,  showing  the  entire  amount  of  all 
duties  on  imports  and  on  exports,  collected  at  such  custom-houses,  or 
elsewhere  in  Mexico,  by  authority  of  the  United  States,  from  and 
after  the  day  of  ratification  of  this  treaty  by  the  Government  of  the 
Mexican  Republic ; and  also  an  account  of  the  cost  of  collection ; and 
such  entire  amount,  deducting  only  the  cost  of  collection,  shall  be  de- 
livered to  the  Mexican  Government,  at  the  city  of  Mexico,  within 
three  months  after  the  exchange  of  ratifications. 

The  evacuation  of  the  capital  of  the  Mexican  Republic  by  the 
troops  of  the  United  States,  in  virtue  of  the  above  stipulation,  shall 


MEXICO — ^1848. 


1109 


be  completed  in  one  month  after  the  orders  there  stipidated  for  shall 
have  been  received  by  the  commander  of  said  troops,  or  sooner  if 
possible. 

Article  IV. 

Immediately  after  the  exchange  of  ratifications  of  the  present 
treaty  all  castles,  forts,  territories,  places,  and  possessions,  which 
have  been  taken  or  occupied  by  the  forces  of  the  United  States  dur- 
ing the  present  war,  within  the  limits  of  the  Mexican  Republic,  as 
about  to  be  established  by  the  following  article,  shall  be  definitively 
restored  to  the  said  Republic,  together  with  all  the  artillery,  arms, 
apparatus  of  war,  munitions,  and  other  public  property,  which  were 
in  the  said  castles  and  forts  when  captured,  and  which  shall  remain 
there  at  the  time  when  this  treaty  shall  be  duly  ratified  by  the  Gov- 
ernment of  the  Mexican  Republic.  To  this  end,  immediately  upon 
the  signature  of  this  treaty,  orders  shall  be  despatched  to  the  Ameri- 
can officers  commanding  such  castles  and  forts,  securing  against  the 
removal  or  destruction  of  any  such  artillery,  arms,  apparatus  of  war, 
munitions,  or  other  public  jiroperty.  The  city  of  Mexico,  within 
the  inner  line  of  intrenchments  surrounding  the  said  city,  is  com- 
prehended in  the  above  stipulation,  as  regards  the  restoration  of 
artillery,  apparatus  of  war,  &c. 

The  final  evacuation  of  the  territory  of  the  Mexican  Republic,  by 
the  forces  of  the  United  States,  shall  be  completed  in  three  months 
from  the  said  exchange  of  ratifications,  or  sooner  if  possible;  the 
Mexican  Government  hereby  engaging,  as  in  the  foregoing  article, 
to  use  all  means  in  its  power  for  facilitating  such  evacuation,  and 
rendering  it  convenient  to  the  troops,  and  for  promoting  a good 
understanding  between  them  and  the  inhabitants. 

If,  however,  the  ratification  of  this  treaty  by  both  parties  should 
not  take  place  in  time  to  allow  the  embarkation  of  the  troops  of  the 
United  States  to  be  completed  before  the  commencement  of  the  sickly 
season,  at  the  Mexican  ports  on  the  Gulf  of  Mexico,  in  such  case  a 
friendly  arrangement  shall  be  entered  into  between  the  General-in- 
chief of  the  said  troops  and  the  Mexican  Government,  whereby 
healthy  and  otherwise  suitable  places,  at  a distance  from  the  ports  not 
exceeding  thirty  leagues,  shall  be  designated  for  the  residence  of  such 
troops  as  may  not  yet  have  embarked,  until  the  return  of  the  healthy 
season.  And  the  space  of  time  here  referred  to  as  comprehending 
the  sickly  season  shall  be  understood  to  extend  from  the  first  day  of 
May  to  the  first  day  of  Noi’-ember. 

All  prisoners  of  war  taken  on  either  side,  on  land  or  on  sea,  shall 
be  restored  as  soon  as  practicable  after  the  exchange  of  ratifications 
of  this  treaty.  It  is  also  agreed  that  if  any  Mexicans  should  now 
be  held  as  captives  by  any  savage  tribe  within  the  limits  of  the 
United  States,  as  about  to  be  established  by  the  following  article, 
the  Government  of  the  said  United  States  will  exact  the  release  of 
such  captives,  and  cause  them  to  be  restored  to  their  country. 

Article  V.“ 

The  boundary  line  between  the  two  Republics  shall  commence  in 
the  Gulf  of  Mexico,  three  leagues  from  land,  opposite  the  mouth  of 

* This  article  was  amended  by  Article  1 of  the  treaty  of  December  30,  1853. 


1110 


TREATIES,  CONVENTTOlSrS,  ETC. 


the  Rio  Grande,  otherwise  called  Rio  Bravo  del  Norte,  or  opposite 
the  mouth  of  its  deepest  branch,  if  it  should  have  more  than  one 
branch  emptyino-  directly  into  the  sea ; from  thence  uji  the  middle 
of  that  river,  following  the  deepest  channel,  where  it  has  more  than 
one,  to  the  point  where  it  strikes  the  southern  boundary  of  New 
Mexico;  thence,  westwardly,  along  the  whole  southern  boundary  of 
New  Mexico  (which  runs  north  of  the  town  called  Paso)  to  its 
western  termination;  thence,  northward,  along  the  western  line  of 
New  Mexico,  until  it  mtersects  the  first  branch  of  the  river  Gila; 
(or  if  it  should  not  intersect  any  branch  of  that  river,  then  to  the 
point  on  the  said  line  nearest  to  such  branch,  and  thence  in  a direct 
line  to  the  same;)  thence  down  the  middle  of  the  said  branch  and  of 
the  said  river,  until  it  empties  into  the  Rio  Colorado;  thence  across 
the  Rio  Colorado,  following  the  division  line  between  Upiier  and 
Lower  California,  to  the  Pacific  Ocean. 

The  southern  and  western  limits  of  New  Mexico,  mentioned  in  this 
article,  are  those  laid  down  in  the  map  entitled  of  the  United 

Mexican  States,  as  organized  and  defined  hy  various  acts  of  the 
Congress  of  said  re'public,  and  constructed  according  to  the  best 
authorities.  Revised  edition.  Published  at  New  Y oid\  in  1847,  by 
J.  Distui'nell S’’  of  which  map  a copy  is  added  to  this  treaty,  bearing 
the  signatures  and  seals  of  the  undersigned  Plenijiotentiaries.  And, 
in  order  to  preclude  all  difficulty  in  tracing  upon  the  ground  the 
limit  separating  Upper  from  Lower  California,  it  is  agreed  that  the 
said  limit  shall  consist  of  a straight  line  drawn  from  the  middle  of 
the  Rio  Gila,  where  it  unites  with  the  Colorado,  to  a point  on  the 
coast  of  the  Pacific  Ocean,  distant  one  marine  league  due  south  of 
the  southernmost  point  of  the  jiort  of  San  Diego,  according  to  the 
plan  of  said  port  made  in  the  year  1782  by  Don  Juan  Pantoja,  second 
sailing-master  of  the  Spanish  fleet,  and  published  at  Madrid  in  the 
year  1802,  in  the  atlas  to  the  voyage  of  the  schooners  Sutil  and  Mexi- 
cana ; of  which  plan  a copy  is  hereunto  added,  signed  and  sealed  by 
the  respective  Plenipotentiaries. 

In  order  to  designate  the  boundary  line  with  due  precision,  upon 
authoritative  maps,  and  to  establish  uiion  the  ground  landmarks 
which  shall  show  the  limits  of  both  republics,  as  described  in  the 
present  article,  the  two  Governments  shall  each  appoint  a commis- 
sioner and  a surveyor,  who,  before  the  expiration  of  one  year  from 
the  date  of  the  exchange  of  ratifications  of  this  treaty,  shall  meet 
at  the  port  of  San  Diego,  and  proceed  to  run  and  mark  the  said 
boundary  in  its  whole  course  to  the  mouth  of  the  Rio  Bravo  del 
Norte.  They  shall  keep  journals  and  make  out  plans  of  their  ojiera- 
tions ; and  the  result  agreed  upon  by  them  shall  be  deemed  a part  of 
this  treaty,  and  shall  have  the  same  force  as  if  it  were  inserted 
therein.  IJie  two  Govei’nments  will  amicably  agree  regarding  what 
may  be  necessary  to  these  persons,  and  also  as  to  their  respective 
escorts,  should  such  be  necessary. 

The  boundary  line  established  by  this  article  shall  be  religiously 
respected  by  each  of  the  two  republics,  and  no  change  shall  ei'er  be 
made  therein,  except  by  the  expi-e'^s  and  free  consent  of  l)oth  nations, 
lawfully  given  by  the  General  Government  of  each,  in  conformity 
with  its  own  constitution. 


MEXICO — 1848. 


1111 


Aeticle  VI.® 

The  vessels  and  citizens  of  the  United  States  shall,  in  all  time,  have 
a free  and  uninterrupted  passage  by  the  Gulf  of  California,  and 
by  the  river  Colorado  below  its  confluence  with  the  Gila,  to  and  from 
their  possessions  situated  north  of  the  boundary  line  defined  in  the 
preceding  article;  it  being  understood  that  this  passage  is  to  be  by 
navigating  the  Gulf  of  California  and  the  river  Colorado,  and  not 
by  land,  without  the  express  consent  of  the  Mexican  Government. 

If,  by  the  examinations  Avhich  may  be  made,  it  should  be  ascer- 
tained to  be  practicable  and  advantageous  to  construct  a road,  canal, 
or  railway,  which  should  in  whole  or  in  pai’t  run  upon  the  river  Gila, 
or  upon  its  right  or  its  left  bank,  within  the  space  of  one  marine 
league  from  either  margin  of  the  river,  the  Governments  of  both 
republics  will  form  an  agreement  regarding  its  construction,  in 
order  that  it  may  serve  equally  for  the  use  and  advantage  of  both 
countries. 

Article  VII.“ 

The  river  Gila,  and  the  part  of  the  Rio  Bravo  del  Norte  lying 
below  the  southern  boundary  of  New  Mexico,  being,  agreeably  to 
the  fifth  article,  divided  in  the  middle  between  the  two  republics, 
the  navigation  of  the  Gila  and  of  the  Bravo  below  said  boundary 
shall  be  free  and  common  to  the  vessels  and  citizens  of  both  coun- 
tries; and  neither  shall,  without  the  consent  of  the  other,  construct 
any  work  that  may  impede  or  interrupt,  in  whole  or  in  part,  the 
exercise  of  this  right;  not  even  for  the  purpose  of  favoring  new 
methods  of  navigation.  Nor  shall  any  tax  or  contribution,  under 
any  denomination  or  title,  be  levied  upon  vessels  or  persons  navi- 
gating the  same,  or  upon  merchandise  or  effects  transported  thereon, 
except  in  the  case  of  landing  upon  one  of  their  shores.  If,  for  tlie 
purpose  of  making  the  said  rivers  navigable,  or  for  maintaining  them 
in  such  state,  it  should  be  necessary  or  advantageous  to  establish  any 
tax  or  contribution,  this  shall  not  be  done  without  the  consent  of 
both  Governments. 

The  stipulations  contained  in  the  present  article  shall  not  impair 
the  territorial  rights  of  either  republic  within  its  established  limits. 

Article  VIII, 

Mexicans  now  established  in  territories  previously  belonging  to 
Mexico,  and  which  remain  for  the  future  within  the  limits  of  the 
United  States,  as  defined  by  the  present  treaty,  shall  be  free  to  con- 
tinue where  they  now  reside,  or  to  remove  at  any  time  to  the  Mexi- 
can Republic,  retaining  the  property  which  they  possess  in  the  said 
territories,  or  disposing  thereof,  and  removing  the  proceeds  wher- 
ever they  please,  without  their  being  subjected.,  on  this  account,  to 
any  contribution,  tax,  or  charge  whatever. 

Those  who  shall  prefer  to  remain  in  the  said  territories  may  either 
retain  the  title  and  rights  of  Mexican  citizens,  or  acquire  those  of 
citizens  of  the  United  States.  But  they  shall  be  under  the  obliga- 


This  article  was  amended  by  Article  4 of  the  treaty  of  December  30,  1853. 


1112 


TEEATIES,  CONVENTIONS,  ETC. 


tion  to  make  their  election  within  one  year  from  the  date  of  the 
exchange  of  ratifications  of  this  treaty ; and  those  who  shall  remain  in 
the  said  territories  after  the  expiration  of  that  year,  without  having 
declared  their  intention  to  retain  the  character  of  Mexicans,  shall  be 
considered  to  have  elected  to  become  citizens  of  the  United  States. 

In  the  said  territories,  property  of  every  kind,  now  belonging  to 
Mexicans  not  established  there,  shall  be  inviolably  respected.  The 
present  owners,  the  heirs  of  these,  and  all  Mexicans  who  may  here- 
after acquire  said  property  by  contract,  shall  enjoy  with  respect  to 
it  guarantees  equally  ample  as  if  the  same  belonged  to  citizens  of  the 
United  States. 

Article  IX. 

The  Mexicans  who,  in  the  territories  aforesaid,  shall  not  preserve 
the  character  of  citizens  of  the  Mexican  Republic,  conformably  with 
what  is  stipulated  in  the  preceding  article,  shall  be  incorporated 
into  the  Union  of  the  United  States,  and  be  admitted  at  the  proper 
time  (to  be  judged  of  by  the  Congress  of  the  United  States)  to  the 
enjoyment  of  all  the  rights  of  citizens  of  the  United  States,  accord- 
ing to  the  principles  of  the  Constitution ; and  in  • the  mean  time, 
shall  be  maintained  and  protected  in  the  free  enjoyment  of  their 
liberty  and  property,  and  secured  in  the  free  exercise  of  their  re- 
ligion without  restriction. 

Aeticee  X. 

[Stricken  out.] 

Article  XI.® 

Considering  that  a great  part  of  the  territories,  which,  by  the  pres- 
ent treaty,  are  to  be  comprehended  for  the  future  within  the  limits 
of  the  United  States,  is  now  occupied  by  savage  tribes,  who  will 
hereafter  be  under  the  exclusive  controul  of  the  Government  of  the 
United  States,  and  whose  incursions  within  the  territory  of  Mexico 
would  be  prejudicial  in  the  extreme,  it  is  solemnly  agreed  that  all 
such  incursions  shall  be  forcibly  restrained  by  the  Government  of 
the  United  States  whensoever  this  may  be  necessary;  and  that  when 
they  cannot  be  prevented,  they  shall  be  punished  by  the  said  gov- 
ernment, and  satisfaction  for  the  same  shall  be  exacted — all  in  the 
same  way,  and  with  equal  diligence  and  energy,  as  if  the  same  in- 
cursions were  meditated  or  committed  within  its  own  territory, 
against  its  own  citizens. 

It  shall  not  be  lawful,  under  any  pretext  whatever,  for  any  in- 
habitant of  the  United  States  to  purchase  or  acquire  any  Mexican, 
or  any  foreigner  residing  in  Mexico,  who  may  have  been  captured 
by  Indians  inhabiting  the  territory  of  either  of  the  two  republics; 
nor  to  purchase  or  acquire  horses,  mules,  cattle,  or  property  of  any 
kind,  stolen  within  Mexican  territory  by  such  Indians. 

And  in  the  event  of  any  person  or  persons,  captured  within  Mexi- 
can territory  by  Indians,  being  carried  into  the  territory  of  the 


“ This  article  was  abrogated  by  the  second  article  of  the  treaty  of  December 
80,  1853. 


MEXICO — 1848. 


1113 


United  States,  the  Government  of  the  latter  engages  and  binds  it^lf, 
in  the  most  solemn  manner,  so  soon  as  it  shall  know  of  such  captives 
being  within  its  territory,  and  shall  be  able  so  to  do,  through  the 
faithful  exercise  of  its  influence  and  power,  to  rescue  them  and 
return  them  to  their  country,  or  deliver  them  to  the  agent  or  repre- 
sentative of  the  Mexican  Government.  The  Mexican  authorities  will, 
as  far  as  practicable,  give  to  the  Government  of  the  United  States 
notice  of  such  captures;  and  its  agents  shall  pay  the  expenses  in- 
cuiTed  in  the  maintenance  and  transmission  of  the  rescued  captives; 
who,  in  the  mean  time,  shall  be  treated  with  the  utmost  hospitality 
by  the  American  authorities  at  the  place  where  they  may  be.  But 
if  the  Government  of  the  United  States,  before  receiving  such  notice 
from  Mexico,  should  obtain  intelligence,  through  any  other  channel, 
of  the  existence  of  Mexican  captives  within  its  territory,  it  will  pro- 
ceed forthwith  to  effect  their  release  and  delivery  to  the  Mexican 
agent,  as  above  stipulated. 

For  the  purpose  of  giving  to  these  stipulations  the  fullest  possible 
efficacy,  thereby  affording  the  securit}'^  and  redress  demanded  by  their 
true  spirit  and  intent,  the  Government  of  the  United  States  will  now 
and  hereafter  pass,  without  unnecessary  delay,  and  always  vigilantly 
enforce,  such  laws  as  the  nature  of  the  subject  may  require.  And, 
finally,  the  sacredness  of  this  obligation  shall  never  be  lost  sight  of 
by  the  said  Government,  when  jiroviding  for  the  removal  of  the 
Indians  from  any  portion  of  the  said  territories,  or  for  its  being  set- 
tled by  citizens  of  the  United  States ; but,  on  the  contrary,  special  care 
shall  then  be  taken  not  to  place  its  Indian  occupants  under  the  neces- 
sity of  seeking  new  homes,  by  committing  those  invasions  which  the 
United  States  have  solemnly  obliged  themselves  to  restrain. 

Articee  XII. 

In  consideration  of  the  extension  acquired  by  the  boundaries  of  the 
United  States,  as  defined  in  the  fifth  article  of  the  present  treaty,  the 
Government  of  the  United  States  engages  to  pay  to  that  of  the  Mexi- 
can Bepublic  the  sum  of  fifteen  millions  of  dollars. 

Immediately  after  this  treaty  shall  have  been  duly  ratified  by  the 
Government  of  the  INIexican  Republic,  the  sum  of  three  millions  of  dol- 
lars shall  be  paid  to  the  said  Government  by  that  of  the  United  States, 
at  the  city  of  Mexico,  in  the  gold  or  silver  coin  of  Mexico.  The  re- 
maining twelve  millions  of  dollars  shall  be  paid  at  the  same  place, 
and  in  the  same  coin,  in  annual  instalments  of  three  millions  of  dollars 
each,  together  with  interest  on  the  same  at  the  rate  of  six  per  centum 
per  annum.  This  interest  shall  begin  to  run  upon  the  whole  sum  of 
twelve  millions  from  the  day  of  the  ratification  of  the  present  treaty 
by  the  Mexican  Government,  and  the  first  of  the  instalments  shall  be 
paid  at  the  expiration  of  one  year  from  the  same  day.  Together  with 
each  annual  instalment,  as  it  falls  due,  the  whole  interest  accruing 
on  such  instalment  from  the  beginning  shall  also  be  paid. 

Article  XIII. 

The  United  States  engage,  moreover,  to  assume  and  pay  to  the 
claimants  all  the  amounts  now  due  them,  and  those  hereafter  to  be- 
come due,  by  reason  of  the  claims  already  liquidated  and  decided 


1114 


TREATIES,  CONVENTIONS,  ETC. 


against  the  Mexican  Republic,  under  the  conventions  between  the  twc 
republics  severally  concluded  on  the  eleventh  day  of  April,  eighteen 
hundred  and  thirtv-nine,  and  on  the  thirtieth  day  of  January,  eight- 
een hundred  and  forty-three;  so  that  the  Mexican  Republic  shall  be 
absolutely  exempt,  for  the  future,  from  all  expense  whatever  on 
account  of  the  said  claims. 


Article  XIV. 

The  United  States  do  furthermore  discharge  the  Mexican  Republic 
from  all  claims  of  citizens  of  the  United  States,  not  heretofore  decided 
against  the  Mexican  Government,  which  may  have  arisen  previously 
to  the  date  of  the  signature  of  this  treaty;  which  discharge  shall  be 
final  and  perpetual,  whether  the  said  claims  be  rejected  or  be  allowed 
by  the  board  of  commissioners  provided  for  in  the  following  article, 
and  whatever  shall  be  the  total  amount  of  those  allowed. 

Article  XV.“ 

The  United  States,  exonerating  Mexico  from  all  demands  on  ac- 
count of  the  claims  of  their  citizens  mentioned  in  the  preceding  article, 
and  considering  them  entirely  and  forever  cancelled,  whatever  their 
amount  may  be,  undertake  to  make  satisfaction  for  the  same,  to  an 
amount  not  exceeding  three  and  one-quarter  millions  of  dollars.  To 
ascertain  the  validity  and  amount  of  those  claims,  a board  of  commis- 
sioners shall  be  established  by  the  Government  of  the  United  States, 
whose  awards  shall  be  final  and  conclusive ; provided  that,  in  deciding 
upon  the  validity  of  each  claim,  the  board  shall  be  guided  and  gov- 
erned by  the  principles  and  rules  of  decision  prescribed  by  the  first 
and  fifth  articles  of  the  unratified  convention,  concluded  at  the  city  of 
Mexico  on  the  twentieth  day  of  November,  one  thousand  eight  hun- 
dred and  forty-three;®  and  in  no  case  shall  an  award  be  made  in 
favour  of  any  claim  not  embraced  by  these  principles  and  rules. 

If,  in  the  opinion  of  the  said  board  of  commissioners  or  of  the 
claimants,  any  books,  records,  or  documents,  in  the  possession  or 
power  of  the  Government  of  the  Mexican  Republic,  shall  be  deemed 
necessary  to  the  just  decision  of  any  claim,  the  commissioners,  or  the 
claimants  through  them,  shall,  within  such  period  as  Congress  may 
designate,  make  an  application  in  writing  for  the  same,  addressed 
to  the  Mexican  Minister  for  Foreign  Affairs,  to  be  transmitted  by 
the  Secretary  of  State  of  the  United  States;  and  the  Mexican  Gov- 
ernment engages,  at  the  earliest  possible  moment  after  the  receipt  of 
such  demand,  to  cause  any  of  the  books,  records,  or  documents  so 
specified,  which  shall  be  in  their  possession  or  power,  (or  authenti- 
cated copies  or  extracts  of  the  same,)  to  be  transmitted  to  the  said 
Secretary  of  State,  who  shall  immediately  deliver  them  over  to  the 
said  board  of  commissioners ; provided  that  no  such  application  shall 
be  made  by  or  at  the  instance  of  any  claimant,  until  the  facts  which 
it  is  expected  to  prove  by  such  books,  records,  or  documents,  shall 
have  been  stated  under  oath  or  affirmation. 


“ By  act  of  March  3,  1849,  these  commissioners  were  appointed  to  examine 
and  adjust  claims.  The  commission  concluded  April  15,  1851,  allowing  claims 
to  the  amount  of  $3,208,314.96. 

® See  page  1120. 


MEXICO — 1848. 


1115 


Article  XVI. 

Each  of  the  contracting  parties  reserves  to  itself  the  entire  right  to 
fortify  whatever  point  within  its  territory  it  may  judge  proper  so  to 
fortify  for  its  security. 

Article  XVII. 

The  treaty  of  amity,  commerce,  and  navigation,  concluded  at  the 
city  of  Mexico  on  the  fifth  day  of  April,  A.  D.  1831,  between  the 
United  States  of  America  and  the  United  Mexican  States,  except  the 
additional  article,  and  except  so  far  as  the  stipulations  of  the  said 
treaty  may  be  incompatible  with  any  stipulation  contained  in  the 
present  treaty,  is  hereby  revived  for  the  period  of  eight  years  from 
the  day  of  the  exchange  of  ratifications  of  this  treaty,  with  the  same 
force  and  virtue  as  if  incorporated  therein ; it  being  understood  that 
each  of  the  contracting  parties  reserves  to  itself  the  right,  at  any  time 
after  the  said  period  of  eight  years  shall  have  expired,  to  terminate 
the  same  by  giving  one  year’s  notice  of  such  intention  to  the  other 
party. 

Article  XVIII. 

All  supplies  whatever  for  troops  of  the  United  States  in  Mexico, 
arriving  at  ports  in  the  occupation  of  such  troops  previous  to  the 
final  evacuation  thereof,  although  subsequently  to  the  restoration  of 
the  custom-houses  at  such  ports,  shall  be  entirely  exempt  from  duties 
and  charges  of  any  kind ; the  Government  of  the  United  States 
hereby  engaging  and  pledging  its  faith  to  establish,  and  vigilantly 
to  enforce,  all  possible  guards  for  securing  the  revenue  of  Mexico,  by 
preventing  the  im2iortation,  under  cover  of  this  stipulation,  of  any 
articles  other  than  such,  both  in  kind  and  in  quantity,  as  shall  really 
be  wanted  for  the  use  and  coiisunqition  of  the  forces  of  the  United 
States  during  the  time  they  may  remain  in  jMexico.  To  this  end  it  shall 
be  the  duty  of  all  officers  and  agents  of  the  United  States  to  denounce 
to  the  Mexican  authorities  at  the  respective  jDorts  any  attemjits  at 
a fraudulent  abuse  of  this  stijiulatiou,  which  they  may  know  of,  or 
may  have  reason  to  suspect,  and  to  give  to  such  authorities  all  the 
aid  in  their  power  with  regard  thereto;  and  every  such  attemjit,  when 
duly  proved  and  established  by  sentence  of  a competent  tribunal,  shall 
be  punished  by  the  confiscation  of  the  property  so  atteniiited  to  be 
fraudulently  introduced. 


Article  XIX. 

With  resjiect  to  all  merchandise,  effects,  and  property  whatsoever, 
imjiorted  into  ports  of  iSIexico  whilst  in  the  occupation  of  the  forces 
of  the  United  States,  whether  by  citizens  of  either  republic,  or  by 
citizens  or  subjects  of  any  neutral  nation,  the  following  rules  shall  be 
observed : 

1.  All  such  merchandise,  effects,  and  property,  if  imported  pre- 
viously to  the  restoration  of  the  custom-houses  to  the  Mexican  au- 
thorities, as  stipulated  for  in  the  third  article  of  this  treaty,  shall  be 
exempt  from  confiscation,  although  the  importation  of  the  same  be 
prohibited  by  the  Mexican  tariff. 


1116 


TKEATIES,  CONVENTIONS,  ETC. 


2.  The  same  perfect  exemption  shall  be  enjoyed  by  all  such  mer- 
chandise, effects,  and  property,  imported  subsequently  to  the  restora- 
tion of  the  custom-houses,  and  previously  to  the  sixty  days  fixed  in 
the  following  article  for  the  coming  into  force  of  the  Mexican  tariff 
at  such  ports  respectively;  the  said  merchandise,  effects,  and  prop- 
erty being,  however,  at  the  time  of  their  importation,  subject  to  the 
payment  of  duties,  as  provided  for  in  the  said  following  article. 

3.  All  merchandise,  effects,  and  property  described  in  the  two  rules 
foregoing  shall,  during  their  continuance  at  the  place  of  importation, 
and  upon  their  leaving  such  place  for  the  interior,  be  exempt  from  all 
duty,  tax,  or  impost  of  every  kind,  under  whatsoever  title  or  denom- 
ination. Nor  shall  they  be  there  subjected  to  any  charge  whatsoever 
upon  the  sale  thereof. 

4.  All  merchandise,  effects,  and  property,  described  in  the  first  and 
second  rules,  which  shall  have  been  removed  to  any  place  in  the  inte- 
rior whilst  such  place  was  in  the  occupation  of  the  forces  of  the 
United  States,  shall,  during  their  continuance  therein,  be  exempt 
from  all  tax  upon  the  sale  or  consumption  thereof,  and  from  every 
kind  of  impost  or  contribution,  under  whatsoever  title  or  denomina- 
tion. 

5.  But  if  any  merchandise,  effects,  or  property,  described  in  the 
first  and  second  rules,  shall  be  removed  to  any  place  not  occupied  at 
the  time  by  the  forces  of  the  United  States,  they  shall,  upon  their 
introduction  into  such  place,  or  upon  their  sale  or  consumption  thei’e, 
be  subject  to  the  same  duties  which,  under  the  Mexican  laws,  they 
would  be  required  to  pay  in  such  cases  if  they  had  been  imported  in 
time  of  peace,  through  the  maritime  custom-houses,  and  had  there 
paid  the  duties  conformably  with  the  Mexican  tariff. 

6.  The  owners  of  all  merchandise,  effects,  or  proiierty,  described  in 
the  first  and  second  rules,  and  existing  in  any  port  of  Mexico,  shall 
have  the  right  to  reship  the  same,  exempt  from  all  tax,  impost,  or 
contribution  whatever. 

With  respect  to  the  metals,  or  other  property,  exported  from  any 
Mexican  port  whilst  in  the  occupation  of  the  forces  of  the  United 
States,  and  2)reviously  to  the  restoration  of  the  custom-house  at  such 
port,  no  person  shall  be  required  by  the  Mexican  authorities,  whether 
general  or  state,  to  pay  any  tax,  duty,  or  contribution  u^Don  any  such 
importation,  or  in  any  manner  to  account  for  the  same  to  the  said 
authorities. 

Article  XX. 

Through  consideration  for  the  interests  of  commerce  generally,  it 
is  agreed,  that  if  less  than  sixty  days  should  elapse  between  the  date 
of  the  signature  of  this  treaty  and  the  restoration  of  the  custom- 
houses, conformably  with  the  stipulation  in  the  third  article,  in  such 
case  all  merchandise,  effects,  and  property  whatsoever,  arriving  at  the 
Mexican  ports  after  the  restoration  of  the  said  custom-houses,  and 
previously  to  the  expiration  of  sixty  days  after  the  day  of  the  signa- 
ture of  this  treaty,  shall  be  admitted  to  entry;  and  no  other  duties 
shall  be  levied  thereon  than  the  duties  established  by  the  tariff  found 
in  force  at  such  custom-houses  at  the  time  of  the  restoration  of 
the  same.  And  to  all  such  merchandise,  effects,  and  projierty,  the 
rules  established  by  the  preceding  article  shall  apply. 


MEXICO — 1848. 


1117 


Akticub  XXI. 

If  unhappily  any  disagreement  should  hereafter  arise  between  the 
Governments  of  the  two  republics,  whether  with  respect  to  the  in- 
terpretation of  any  stipulation  in  this  treaty,  or  with  respect  to 
any  other  particular  concerning  the  political  or  commercial  relations 
of  the  two  nations,  the  said  Governments,  in  the  name  of  those  na- 
tions, do  promise  to  each  other  that  they  will  endeavour,  in  the  most 
sincere  and  earnest  manner,  to  settle  the  differences  so  arising,  and  to 
preserve  the  state  of  peace  and  friendship  in  which  the  two  coun- 
tries are  now  placing  themselves,  using,  for  this  end,  mutual  repre- 
sentations and  pacific  negotiations.  And  if,  by  these  means,  they 
should  not  be  enabled  to  come  to  an  agreement,  a resort  shall  not,  on 
this  account,  be  had  to  reprisals,  aggression,  or  hostility  of  any  kind, 
by  the  one  republic  against  the  other,  until  the  Government  of  that 
which  deems  itself  aggrieved  shall  have  maturely  considered,  in  the 
spirit  of  peace  and  good  neighbourship,  whether  it  would  not  be 
better  that  such  difference  should  be  settled  by  the  arbitration  of 
commissioners  appointed  on  each  side,  or  by  that  of  a friendly  nation. 
And  should  such  course  be  proposed  by  either  party,  it  shall  be  ac- 
ceded to  by  the  other,  unless  deemed  by  it  altogether  incompatible 
with  the  nature  of  the  difference,  or  the  circumstances  of  the  case. 

Article  XXII. 

If  (which  is  not  to  be  expected,  and  which  God  forbid)  war  should 
unhappily  break  out  between  the  two  republics,  they  do  now,  with  a 
view  to  such  calamity,  solemnly  pledge  themselves  to  each  other  and 
to  the  world  to  observe  the  following  rules;  absolutely  where  the 
nature  of  fhe  subject  permits,  and  as  closely  as  possible  in  all  cases 
where  such  absolute  observance  shall  be  impossible: 

1.  The  merchants  of  either  republic  then  residing  in  the  other  shall 
be  allowed  to  remain  twelve  months,  (for  those  dwelling  in  the 
interior,)  and  six  months,  (for  those  dwelling  at  the  seaports,)  to 
collect  their  debts  and  settle  their  affairs;  during  which  periods  they 
shall  enjoy  the  same  protection,  and  be  on  the  same  footing,  in  all 
respects,  as  the  citizens  or  subjects  of  the  most  friendly  nations;  and, 
at  the  expiration  thereof,  or  at  any  time  before,  they  shall  have  full 
liberty  to  depart,  carrying  off  all  their  effects  without  molestation  or 
hindrance,  conforming  therein  to  the  same  laws  which  the  citizens  or 
subjects  of  the  most  friendly  nations  are  required  to  conform  to.  Upon 
the  entrance  of  the  armies  of  either  nation  into  the  territories  of  the 
other,  women  and  children,  ecclesiastics,  scholars  of  every  faculty, 
cultivators  of  the  earth,  merchants,  artisans,  manufacturers,  and 
fishermen,  unarmed  and  inhabiting  unfortified  towns,  villages,  or 
places,  and  in  general  all  persons  whose  occupations  are  for  the  com- 
mon subsistence  and  benefit  of  mankind,  shall  be  allowed  to  continue 
their  respective  employments,  unmolested  in  their  persons.  Nor  shall 
their  houses  or  goods  be  burnt  or  otherwise  destroyed,  nor  their  cattle 
taken,  nor  their  fields  wasted,  by  the  armed  force  into  whose  power, 
by  the  events  of  war,  they  may  happen  to  fall;  but  if  the  necessity 
arise  to  take  anything  from  them  for  the  use  of  such  armed  force,  the 
same  shall  be  paid  for  at  an  equitable  price.  All  churches,  hospitals, 
schools,  colleges,  libraries,  and  other  establishments  for  charitable 


1118 


TREATIES,  CONVENTIONS,  ETC. 


and  beneficent  purposes,  shall  be  respected,  and  all  persons  connected 
with  the  same  protected  in  the  discharge  of  their  duties,  and  the 
pursuit  of  their  vocations. 

2.  In  order  that  the  fate  of  prisoners  of  war  may  be  alleviated,  all 
such  practices  as  those  of  sending  them  into  distant,  inclement,  or 
unwholesome  districts,  or  crowding  them  into  close  and  noxious  places, 
shall  be  studiously  avoided.  They  shall  not  be  confined  in  dungeons, 
prison-ships,  or  prisons;  nor  be  put  in  irons,  or  bound,  or  otherwise 
restrained  in  the  use  of  their  limbs.  The  officers  shall  enjoy  liberty 
on  their  paroles,  within  convenient  districts,  and  have  comfortable 
quarters;  and  the  common  soldier  shall  be  disposed  in  cantonments, 
open  and  extensive  enough  for  air  and  exercise,  and  lodged  in  bar- 
racks as  roomy  and  good  as  are  provided  by  the  party  in  whose  power 
they  are  for  its  own  troops.  But  if  any  officer  shall  break  his  parole 
by  leaving  the  district  so  assigned  him,  or  any  other  prisoner  shall 
escape  from  the  limits  of  his  cantonment,  after  they  shall  have  been 
designated  to  him,  such  individual,  officer,  or  other  prisoner,  shall 
forfeit  so  much  of  the  benefit  of  this  article  as  provides  for  his  liberty 
on  parole  or  in  cantonment.  And  if  any  officer  so  breaking  his  parole, 
or  any  common  soldier  so  escaping  from  the  limits  assigned  him,  shall 
afterwards  be  found  in  arms,  previously  to  his  being  regularly  ex- 
changed, the  person  so  offending  shall  be  dealt  with  according  to  the 
established  laws  of  war.  The  officers  shall  be  daily  furnished,  by  the 
party  in  whose  power  they  are,  with  as  many  rations,  and  of  the  same 
articles,  as  are  allowed,  either  in  kind  or  by  commutation,  to  officers 
of  equal  rank  in  its  own  army;  and  all  others  shall  be  daily  furnished 
with  such  ration  as  is  allowed  to  a common  soldier  in  its  own  service; 
the  value  of  all  which  supplies  shall,  at  the  close  of  the  war,  or  at 
periods  to  be  agreed  upon  between  the  respective  commanders,  be  paid 
by  the  other  party,  on  a mutual  adjustment  of  accounts  for  the  sub- 
sistence of  prisoners ; and  such  accounts  shall  not  be  mingled  with  or 
set  off  against  any  others,  nor  the  balance  due  on  them  be  withheld, 
as  a compensation  or  reprisal  for  any  cause  whatever,  real  or  pre- 
tended. Each  party  shall  be  allowed  to  keep  a commissary  of 
prisoners,  appointed  by  itself,  with  every  cantonment  of  prisoners,  in 
possession  of  the  other;  which  commissary  shall  see  the  prisoners  as 
often  as  he  pleases;  shall  be  allowed  to  receive,  exempt  from  all  duties 
or  taxes,  and  to  distribute,  whatever  comforts  may  be  sent  to  them 
by  their  friends;  and  shall  be  free  to  transmit  his  re2)orts  in  o^ien 
letters  to  the  party  by  whom  he  is  employed. 

And  it  is  declared  that  neither  the  pretence  that  war  dissolves  all 
treaties,  nor  anj^  other  whatever,  shall  be  considered  as  annulling  or 
suspending  the  solemn  covenant  contained  in  this  article.  On  the 
contrary,  the  state  of  war  is  2:)recisely  that  for  which  it  is  provided; 
and.  during  which,  its  stipulations  are  to  be  as  sacredly  observed  as 
the  most  acknowledged  obligations  under  the  law  of  nature  or  nations. 

Article  XXIII. 

This  treaty  shall  be  ratified  by  the  President  of  the  United  States 
of  America,  by  and  with  the  advice  and  consent  of  the  Senate  thereof; 
and  by  the  President  of  the  Mexican  Reiiublic,  with  the  jirevious 
approbation  of  its  general  Congress;  and  the  ratifications  shall  be 
exchanged  in  the  city  of  Washington,  or  at  the  seat  of  Government  of 


MEXICO — ^1848. 


1119 


Mexico,  in  four  months  from  the  date  of  the  signature  hereof,  or 
sooner  if  practicable. 

In  faith  whereof  we,  the  respective  Plenipotentiaries,  have  signed 
this  treaty  of  peace,  friendship,  limits,  and  settlement,  and  have 
hereunto  affixed  our  seals  respectively.  Done  in  quintuplicate,  at  the 
city  of  Guadalupe  Hidalgo,  on  the  second  day  of  February,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  forty-eight. 

[seal,.]  N.  P.  Trist. 


Luis  G.  Cuevas. 
Bernardo  Couto. 
Migl.  Atristain. 


[seal.] 

[seal.] 

[seal.] 


PROTOCOL. 


In  the  city  of  Queretaro,  on  the  twenty-sixth  of  the  month  of  May, 
eighteen  hundred  and  forty-eight,  at  a conference  between  their  excel- 
lencies Nathan  Clifford  and  Ambrose  H.  Sevier,  Commissioners  of 
the  U.  S.  of  A.,  with  full  powers  from  their  Government  to  make  to 
the  Mexican  Republic  suitable  explanations  in  regard  to  the  amend- 
ments which  the  Senate  and  Government  of  the  said  United  States 
have  made  in  the  treaty  of  peace,  friendship,  limits,  and  definitive 
settlement  between  the  two  Republics,  signed  in  GLiadalnpe  Hidalgo, 
on  the  second  day  of  February  of  the  present  year;  and  His  Excel- 
lency Don  Luis  de  la  Rosa,  Minister  of  Foreign  Affairs  of  the  Re- 
public of  Mexico;  it  was  agreed,  after  adequate  conversation,  respect- 
ing the  changes  alluded  to,  to  record  in  the  present  protocol  the 
following  explanations,  which  their  aforesaid  excellencies  the  Com- 
missioners gave  in  the  name  of  their  Government  and  in  fulfillment 
of  the  commission  conferred  upon  them  near  the  Mexican  Republic; 

1st.  The  American  Government  by  suppressing  the  IXth  article  of 
the  treaty  of  Guadalupe  Hidalgo  and  substituting  the  Hid  article  of 
the  treaty  of  Louisiana,  did  not  intend  to  diminish  in  any  way  what 
was  agreed  upon  by  the  aforesaid  article  IXth  in  favor  of  the  in- 
habitants of  the  territories  ceded  by  Mexico.  Its  understanding  is 
that  all  of  that  agreement  is  contained  in  the  3d  article  of  the  treaty 
of  Louisiana.  In  consequence  all  the  privileges  and  guarantees,  civil, 
l)()litical,  and  religious,  which  would  have  been  possessed  by  the  in- 
habitants of  the  ceded  territories,  if  the  IXth  article  of  the  treaty  had 
been  retained,  will  be  enjoyed  by  them,  without  any  difference,  under 
the  article  which  has  been  substituted. 

‘2d.  The  American  Government  by  suppressing  the  Xth  article 
of  the  treaty  of  Guadalupe  did  not  in  any  way  intend  to  annul  the 
grants  of  lands  made  by  Mexico  in  the  ceded  territories.  These 
grants,  notwithstanding  the  suppression  of  the  article  of  the  treaty, 
preserve  the  legal  value  which  they  may  possess,  and  the  grantees  may 
cause  their  legitimate  [titles]  to  be  acknowledged  before  the  Ameri- 
can tribunals. 

Conformably  to  the  law  of  the  United  States,  legitimate  titles  to 
every  description  of  property,  personal  and  real,  existing  in  the  ceded 
territories  are  those  which  were  legitimate  titles  under  the  Mexican 
law  in  California  and  New  Mexico  up  to  the  13th  of  May,  1846,  and 
in  Texas  up  to  the  2d  March,  1836. 


1120 


TREATIES,  CONVENTIONS,  BTC. 


3d.  The  Government  of  the  United  States,  by  suppressing  the  con- 
cluding paragraph  of  article  Xllth  of  the  treaty,  did  not  intend  to 
deprive  the  Mexican  Eepublic  of  the  free  and  unrestrained  faculty 
of  ceding,  conveying,  or  transferring  at  any  time  (as  it  may  judge 
best)  the  sum  of  the  twelve  millions  of  dollars  which  the  same 
Government  of  the  U.  States  is  to  deliver  in  the  places  designated  by 
the  amended  article. 

And  these  explanations  having  been  accepted  by  the  Minister  of 
Foreign  Affairs  of  the  Mexican  Eepublic,  he  declared,  in  name  of  his 
Government,  that  with  the  understanding  conveyed  by  them  the  same 
Government  would,  proceed  to  ratify  the  treaty  of  Guadalupe,  as 
modified  by  the  Senate  and  Government  of  the  U.  States.  In  testi- 
mony of  which,  their  Excellencies,  the  aforesaid  Commissioners  and 
the  Minister  have  signed  and  sealed,  in  quintuplicate,  the  present 
protocol. 

[seal.]  a.  H.  Sevier. 

[seal.]  Nathan  Clifford, 

[seal.]  Luis  de  la  Eosa. 


Articles  Eeferred  to  in  the  Fifteenth  Article  of  the  Pre- 
ceding Treaty. 

First  and  fifth  articles  of  the  unratified  convention  between  the 
United  States  and  the  Mexican  Republic  of  the  20th  November, 
18Jf3. 

Article  I. 

All  claims  of  citizens  of  the  Mexican  Eepublic  against  the  Govern- 
ment of  the  United  States  which  shall  be  presented  in  the  manner  and 
time  hereinafter  expressed,  and  all  claims  of  citizens  of  the  United 
States  against  the  Government  of  the  Mexican  Eepublic,  which,  for 
whatever  cause,  were  not  submitted  to,  nor  considered,  nor  finally 
decided  by,  the  commission,  nor  by  the  arbiter  appointed  by  the  con- 
vention of  1839,  and  which  shall  be  presented  in  the  manner  and  time 
hereinafter  specified,  shall  be  referred  to  four  commissioners,  who 
shall  form  a board,  and  shall  be  appointed  in  the  following  manner, 
that  is  to  say:  Two  commissioners  shall  be  appointed  by  the  President 
of  the  Mexican  Eepublic,  and  the  other  two  by  the  President  of  the 
United  States,  with  the  approbation  and  consent  of  the  Senate.  The 
said  commissioners,  thus  appointed,  shall,  in  presence  of  each  other, 
take  an  oath  to  examine  and  decide  impartially  the  claims  submitted 
to  them,  and  which  may  lawfully  be  considered,  according  to  the 
proofs  which  shall  be  presented,  the  principles  of  right  and  justice, 
the  law  of  nations,  and  the  treaties  between  the  two  republics. 

Article  V. 

All  claims  of  citizens  of  the  United  States  against  the  Government 
of  the  Mexican  Eepublic,  which  were  considered  by  the  commis- 
sioners, and  referred  to  the  umpire  appointed  under  the  convention 
of  the  eleventh  April,  1839,  and  which  were  not  decided  b^"  him.  shall 
be  referred  to,  and  decided  by,  the  umpire  to  be  appointed,  as  pro- 
vided by  this  convention,  on  the  points  submitted  to  the  umpire  under 


MEXICO — 1848-1853. 


1121 


the  late  convention,  and  his  decision  shall  be  final  and  conclusive.  It 
is  also  agreed,  that  if  the  respective  commissioners  shall  deem  it 
expedient,  they  may  submit  to  the  said  arbiter  new  arguments  upon 
the  said  claims. 


1853.® 


Treatt  or  Boundary,  Cession  of  Territory,  Transit  of  Isthmus  of 

Tehuantepec,  etc. 


(GADSDEN  TREATY.) 

Concluded  December  30, 1853;  ratification  advised  by  the  Senate  with 
amendments  April  25, 186 If.;  ratified  by  the  President  June  29,1851^,; 
ratifications  exchanged  June  30,  185^;  proclaimed  June  30,  185 If.. 

Akticles. 


I.  Boundary  established ; survey,  etc. 

II.  Release  of  obligations  as  to  In- 
dians. 

III.  Payment  for  territory  acquired. 

IV.  Navigation  of  Gulf  of  California, 

Colorado,  and  Bravo  rivers. 

V.  Inhabitants  of  ceded  territory ; 
fortifications ; navigation  and 
commerce. 

In  the  name  of  Almighty  God. 

The  Republic  of  Mexico  and  the  United  States  of  America,  desir- 
ing to  remove  every  cause  of  disagreement  which  might  interfere  in 
any  manner  with  the  better  friendship  and  intercourse  between  the 
two  countries,  and  esjiecially  in  respect  to  the  true  limits  which  should 
be  established,  when,  notwithstanding  what  was  covenanted  in  the 
treaty  of  Guadalupe  Hidalgo  in  the  year  1818,  opposite  interpreta- 
tions have  been  urged,  which  might  give  occasion  to  questions  of 
serious  moment:  To  avoid  these,  and  to  strengthen  and  more  firmly 
maintain  the  peace  which  happily  prevails  between  the  two  republics, 
the  President  of  the  United  States  has,  for  this  purpose,  appointed 
James  Gadsden,  Envoy  Extraordinary  and  Minister  Plenipotentiary 
of  the  same  near  the  Mexican  Government,  and  the  President  of 
Mexico  has  appointed  as  Plenipotentiary  “ ad  hoe  ” his  excellency 
Don  Manuel  Diez  de  Bonilla,  cavalier  grand  cross  of  the  national  and 
distinguished  order  of  Guadalupe,  and  Secretary  of  State  and  of  the 
office  of  Foreign  Relations,  and  Don  Jose  Salazar  Ylarregui  and 
General  Mariano  Monterde,  as  scientific  commissioners,  invested  with 
full  powers  for  this  negotiation;  who,  having  communicated  their 
respective  full  powers,  and  finding  them  in  due  and  proper  form, 
have  agreed  upon  the  articles  following: 


VI.  Recognition  of  land  grants. 

VII.  Adjustment  of  future  differences. 
VIII.  Transit  of  Tehuantepec  Isthmus. 
IX.  Ratification. 


Article  I. 

The  Mexican  Republic  agrees  to  designate  the  following  as  her 
true  limits  with  the  United  States  for  the  future : Retaining  the  same 


“Federal  case:  In  re  Rodriguez  (81  Fed.  Rep.,  337), 
24449— VOL  1—10 71 


1122 


TKEATIES,  CONVENTIONS,  ETC. 


dividing  line  between  the  two  Californias  as  already  defined  and 
established,  according  to  the  5th  article  of  the  treaty  of  Guadalupe 
Hidalgo,  the  limits  between  the  two  republics  shall  be  as  follows: 
Beginning  in  the  Gulf  of  Mexico,  three  leagues  from  land,  opposite 
the  mouth  of  the  Rio  Grande,  as  provided  in  the  fifth  article  of  the 
treaty  of  Guadalupe  Hidalgo;  thence,  as  defined  in  the  said  article, 
up  the  middle  of  that  river  to  the  point  where  the  parallel  of  31°  47' 
north  latitude  crosses  the  same;  thence  due  west  one  hundred  miles; 
thence  south  to  the  parallel  of  31°  20'  north  latitude;  thence  along 
the  said  parallel  of  31°  20'  to  the  111th  meridian  of  longitude  west 
of  Greenwich;  thence  in  a straight  line  to  a point  on  the  Colorado 
River  twenty  English  miles  below  the  junction  of  the  Gila  and  Colo- 
rado Rivers;  thence  up  the  middle  of  the  said  river  Colorado  until 
it  intersects  the  present  line  between  the  United  States  and  Mexico. 

For  the  performance  of  this  portion  of  the  treaty,  each  of  the  two 
Governments  shall  nominate  one  commissioner,  to  the  end  that,  by 
common  consent,  the  two  thus  nominated,  having  met  in  the  city  of 
Paso  del  Norte,  three  months  after  the  exchange  of  the  ratifications 
of  this  treaty,  may  proceed  to  survey  and  mark  out  upon  the  land 
the  dividing  line  stipulated  by  this  article,  where  it  shall  not  have 
already  been  surveyed  and  established  by  the  mixed  commission, 
according  to  the  treaty  of  Guadalupe,  keeping  a journal  and  making 
proper  plans  of  their  operations.  For  this  purpose,  if  they  should 
judge  it  it  necessary,  the  contracting  parties  shall  be  at  liberty  each 
to  unite  to  its  respective  commissioner  scientific  or  other  assistants, 
such  as  astronomers  and  surveyors,  whose  concurrence  shall  not  be 
considered  necessary  for  the  settlement  and  ratification  of  a true 
line  of  division  betiveen  the  two  republics;  that  line  shall  be  alone 
established  upon  which  the  commissioners  may  fix,  their  consent  in 
this  particular  being  considered  decisive  and  an  integral  part  of  this 
treaty,  without  necessity  of  ulterior  ratification  or  approval,  and 
without  room  for  interpretation  of  any  kind  by  either  of  the  parties 
contracting. 

The  dividing  line  thus  established  shall,  in  all  time,  be  faithfully 
respected  by  the  two  Governments,  without  any  variation  therein, 
unless  of  the  express  and  free  consent  of  the  two,  given  in  conform- 
ity to  the  principles  of  the  law  of  nations,  and  in  accordance  with 
the  constitution  of  each  county,  respectively. 

In  consequence,  the  stipulation  in  the  5th  article  of  the  treaty  of 
Guadalupe  upon  the  boundary  line  therein  described  is  no  longer  of 
any  force,  wherein  it  may  conflict  with  that  here  established,  the 
said  line  being  considered  annulled  and  abolished  wherever  it  may 
not  coincide  with  the  present,  and  in  the  same  manner  remaining  in 
full  force  where  in  accordance  with  the  same. 

Abticle  II. 

The  Government  of  Mexico  hereby  releases  the  United  States  from 
all  liability  on  account  of  the  obligations  contained  in  the  eleventh 
article  of  the  treaty  of  Guadalupe  Hidalgo;  and  the  said  article  and 
the  thirty-third  article  of  the  treaty  of  amity,  commerce,  and  naviga- 
tion between  the  United  States  of  America  and  the  United  Mexican 
States,  concluded'  at  Mexico  on  the  fifth  day  of  April,  1831,  are 
hereby  abrogated. 


MEXICO — 1853. 


1123 


Article  III. 

In  consideration  of  the  foregoing  stipulations,  the  Government  of 
the  United  States  agrees  to  pay  to  the  Government  of  Mexico,  in  the 
city  of  New  York,  the  sum  of  ten  millions  of  dollars,  of  which  seven 
millions  shall  be  paid  immediately  upon  the  exchange  of  the  ratifi- 
cations of  this  treaty,  and  the  remaining  three  millions  as  soon  as 
the  boundary  line  shall  be  surveyed,  marked,  and  established. 

Article  IV. 

The  provisions  of  the  6th  and  7th  articles  of  the  treaty  of  Guada- 
lupe Hidalgo  having  been  rendered  nugatory  for  the  most  part  by 
the  cession  of  territory  granted  in  the  first  article  of  this  treaty,  the 
said  articles  are  hereby  abrogated  and  annulled,  and  the  provisions 
as  herein  expressed  substituted  therefor.  The  vessels  and  citizens  of 
the  United  States  shall,  in  all  time,  have  free  and  uninterrupted 
passage  through  the  Gulf  of  California,  to  and  from  their  posses- 
sions situated  north  of  the  boundary  line  of  the  two  countries.  It 
being  understood  that  this  passage  is  to  be  by  navigating  the  Gulf 
of  California  and  the  river  Colorado,  and  not  by  land  without  the 
express  consent  of  the  Mexican  Government;  and  precisely  the  same 
provisions,  stipulations,  and  restrictions,  in  all  respects,  are  hereby 
agreed  upon  and  adopted,  and  shall  be  scrupulously  observed  and 
enforced,  by  the  two  contracting  Governments,  in  reference  to  the 
Rio  Colorado,  so  far  and  for  such  distance  as  the  middle  of  that 
river  is  made  their  common  boundary  line  by  the  first  article  of  this 
treaty. 

The  several  provisions,  stipulations,  and  restrictions  contained  in 
the  7th  article  of  the  treaty  of  Guadalupe  Hidalgo  shall  remain  in 
force  only  so  far  as  regards  the  Rio  Bravo  del  Norte,  below  the 
initial  of  the  said  boundary  provided  in  the  first  article  of  this 
treaty;  that  is  to  say,  below  the  intersection  of  the  31°  47'  30" 
parallel  of  latitude,  with  the  boundary  line  established  by  the  late 
treaty  dividing  said  river  from  its  mouth  upwards,  according  to  the 
5th  article  of  the  treaty  of  Guadalupe. 

Article  V. 

All  the  provisions  of  the  eighth  and  ninth,  sixteenth  and  seven- 
teenth articles  of  the  treaty  of  Guadalupe  Hidalgo,  shall  apply  to 
the  territory  ceded  by  the  Mexican  Republic  in  the  first  article  of 
the  present  treaty,  and  to  all  the  rights  of  persons  and  property,  both 
civil  and  ecclesiastical,  within  the  same,  as  fully  and  as  effectually 
as  if  the  said  articles  were  herein  again  recited  and  set  forth. 

Article  VT. 

No  grants  of  land  within  the  territory  ceded  by  the  first  article  of 
this  treaty  bearing  date  subsequent  to  the  day — twenty-fifth  of  Sep- 
tember— when  the  Minister  and  subscriber  to  this  treaty  on  the  part 
of  the  United  States  proposed  to  the  Government  of  Mexico  to  ter- 
minate the  question  of  boundary,  will  be  considered  valid  or  be 
recognized  by  the  United  States,  or  will  any  grants  made  previously 


1124 


TBEATIES,  CONVENTIONS,  ETC. 


be  respected  or  be  considered  as  obligatory  which  have  not  been 
located  and  duly  recorded  in  the  archives  of  Mexico. 

Article  VII. 

Should  there  at  any  future  period  (which  God  forbid)  occur  any 
disagreement  between  the  two  nations  which  might  lead  to  a rupture 
of  their  relations  and  reciprocal  peace,  they  bind  themselves  in  like 
manner  to  procure  by  every  possible  method  the  adjustment  of  every 
difference;  and  should  they  still  in  this  manner  not  succeed,  never 
will  they  proceed  to  a declaration  of  war  without  having  previously 
paid  attention  to  what  has  been  set  forth  in  article  21  of  the  treaty 
of  Guadalupe  for  similar  cases;  which  article,  as  well  as  the  22d,  is 
here  re- affirmed. 

Article  VIII. 

The  Mexican  Government  having  on  the  5th  of  February,  1853, 
authorized  the  early  construction  of  a plank  and  rail  road  across 
the  Isthmus  of  Tehuantepec,  and,  to  secure  the  stable  benefits  of 
said  transit  way  to  the  persons  and  merchandize  of  the  citizens  of 
Mexico  and  the  United  States,  it  is  stipulated  that  neither  Govern- 
ment will  interpose  any  obstacle  to  the  transit  of  persons  and  mer- 
chandise of  both  nations;  and  at  no  time  shall  higher  charges  be 
made  on  the  transit  of  persons  and  property  of  citizens  of  the  United 
States  than  may  be  made  on  the  persons  and  property  of  other 
foreign  nations,  nor  shall  any  interest  in  said  transit  way,  nor  in  the 
proceeds  thereof,  be  transferred  to  any  foreign  government. 

The  United  States,  by  its  agents,  shall  have  the  right  to  transport 
across  the  isthmus,  in  closed  bags,  the  mails  of  the  United  States 
not  intended  for  distribution  along  the  line  of  communication;  also 
the  efi'ects  of  the  United  States  Government  and  its  citizens,  which 
may  be  intended  for  transit,  and  not  for  distribution  on  the  isthmus, 
free  of  custom-house  or  other  charges  by  the  Mexican  Government. 
Neither  passports  nor  letters  of  securit;^  will  be  required  of  persons 
crossing  the  isthmus  and  not  remaining  in  the  country. 

When  the  construction  of  the  railroad  shall  be  completed,  the 
Mexican  Government  agrees  to  open  a port  of  entry  in  addition  to 
the  port  of  Vera  Cruz,  at  or  near  the  terminus  of  said  road  on  the 
Gulf  of  Mexico. 

The  two  Governments  will  enter  into  arrangements  for  the  prompt 
transit  of  troops  and  munitions  of  the  United  States,  which  that 
Government  may  have  occasion  to  send  from  one  part  of  its  terri- 
tory to  another,  lying  on  opposite  sides  of  the  continent. 

The  Mexican  Government  having  agreed  to  protect  with  its  whole 
power  the  prosecution,  preservation,  and  security  of  the  work,  the 
United  States  may  extend  its  protection  as  it  shall  judge  wise  to 
it  when  it  may  feel  sanctioned  and  warranted  by  the  public  or  inter- 
national law. 

Article  IX. 

This  treaty  shall  be  ratified,  and  the  respective  ratifications  shall 
be  exchanged  at  the  city  of  Washington  within  the  exact  period  of 
six  months  from  the  date  of  its  signature,  or  sooner  if  possible. 

In  testimony  whereof  we,  the  Plenipotentiaries  of  the  contracting 
parties,  have  hereunto  affixed  our  hands  and  seals  at  Mexico,  the 


MEXICO — 1853-1861. 


1125 


thirtieth  (30th)  day  of  December,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  fifty-three,  in  the  thirty-third  year  of  the 
Independence  of  the  Mexican  Kepublic,  and  the  seventy-eighth  of 
that  of  the  United  States. 

[seal.]  James  Gadsden. 

[seal.]  Manuel  Diez  de  Bonilla, 

[seal.]  Jose  Salazar  Ylarregui. 

[seal.]  J.  Mariano  Monterde. 


1861.“ 


Extradition  Treatt. 


Concluded  December  11^  1861;  ratification  advised  by  the  Senate 
with  amendments  April  9, 1802;  ratified  by  the  President  April  ii, 
1862;  ratifications  exchanged  May  20,  1862;  proclaimed  June  20, 
1862. 

Articles. 


I.  Surrender  of  accused. 

II.  Requisitions;  crimes  in  frontier 
States. 

III.  Crimes. 

IV.  Surrender,  how  made. 


V.  Expenses. 

VI.  Political  offenses. 
VII.  Duration. 

VIII.  Ratification. 


The  United  States  of  America  and  the  United  Mexican  States, 
having  judged  it  expedient,  with  a view  to  the  better  administration 
of  justice  and  to  the  prevention  of  crime  within  .their  respective  terri- 
tories and  jurisdictions,  that  persons  charged  with  the  crimes  here- 
inafter enumerated,  and  being  fugitives  from  justice,  should,  under 
certain  circumstances,  be  reciprocally  delivered  up,  have  resolved  to 
conclude  a treaty  for  this  purpose,  and  have  named  as  their  respec- 
tive Plenipotentiaries,  that  is  to  say: 

The  President  of  the  United  States  of  America  has  appointed 
Thomas  Corwin,  a citizen  of  the  United  States,  and  their  Envoy  Ex- 
traordinary and  Minister  Plenipotentiary  near  the  Mexican  Govern- 
ment ; and  the  President  of  the  United  Mexican  States  has  appointed 
Sebastian  Lerdo  de  Tejada,  a citizen  of  the  said  States,  and  a Deputy 
of  the  Congress  of  the  Union; 

\Vlio,  after  having  communicated  to  each  other  their  respective 
full  powers  found  in  good  and  due  form,  have  agreed  upon  and  con- 
cluded the  following  articles: 


Article  I. 


It  is  agreed  that  the  contracting  parties  shall,  on  requisitions  made 
in  their  name,  through  the  medium  of  their  respective  diplomatic 


“ By  notification  from  the  Mexican  Government  this  treaty  was  abrogated 
January  24,  1899. 

Federal  cases:  Benson  v.  McMahon  (127  U.  S.,  457),  Ornelas  v.  Ruiz  (161 
U.  S.,  502),  Ex  parte  Coy  (32  Fed.  Rep.,  911),  In  re  Benson  (34  Fed.  Rep.,  649), 
Ex  parte  McCabe  (46  Fed.  Rep.,  363),  In  re  Rowe  (77  Fed.  Rep.,  161),  Ex 
parte  Yerdi  (166  Fed.  Rep.,  921). 


1126 


TEEATIES,  CONVENTIONS,  ETC. 


agents,  deliver  up  to  justice  persons  who,  being  accused  of  the  crimes 
enumerated  in  article  third  of  the  present  treaty,  committed  within 
the  jurisdiction  of  the  requiring  party,  shall  seek  an  asylum,  or  shall 
be  found  within  the  territories  of  the  other:  Provided^  That  this 
shall  be  done  only  when  the  fact  of  the  commission  of  the  crime 
shall  be  so  established  as  that  the  laws  of  the  country  in  which  the 
fugitive  or  the  person  so  accused  shall  be  found,  would  justify  his 
or  her  apprehension  and  commitment  for  trial  if  the  crime  had  been 
there  committed. 

Article  II. 

In  the  case  of  crimes  committed  in  the  frontier  States  or  Terri- 
tories of  the  two  contracting  parties,  requisitions  may  be  made 
through  their  respective  diplomatic  agents,  or  throug[h]  the  chief 
civil  authority  of  said  States  or  Territories,  or  through  such  chief 
civil  or  judicial  authority  of  the  districts  or  counties  bordering  on 
the  frontier  as  may  for  this  purpose  be  duly  authorized  by  the  said 
chief  civil  authority  of  the  said  frontier  States  or  Territories,  or 
when,  from  any  cause,  the  civil  authority  of  such  State  or  Territory 
shall  be  suspended,  through  the  chief  military  otRcer  in  command  of 
such  State  or  Territory. 

Article  III. 

Persons  shall  be  so  delivered  up  who  shall  be  charged,  according 
to  the  provisions  of  this  treaty,  with  any  of  the  following  crimes, 
whether  as  principals,  accessories,  or  accomplices,  to  wit:  Murder, 
(including  assassination,  parricide,  infanticide,  and  poisoning;)  as- 
sault with  intent  to  commit  murder;  mutilation;  piracy;  arson; 
rape;  kidnapping,  defining  the  same  to  be  the  taking  and  carrying 
away  of  a free  person  by  force  or  deception;  forgery,  including  the 
forging  or  making,  or  knowingly  passing  or  putting  in  circulation 
counterfeit  coin  or  bank  notes,  or  other  paper  current  as  money,  with 
intent  to  defraud  any  person  or  persons;  the  introduction  or  making 
of  instruments  for  the  fabrication  of  counterfeit  coin  or  bank  notes, 
or  other  paper  current  as  money;  embezzlement  of  public  moneys; 
robbery,  defining  the  same  to  be  the  felonious  and  forcible  taking 
from  the  person  of  another  of  goods  or  money  to  any  value,  by  vio- 
lence or  putting  him  in  fear;  burglary,  defining  the  same  to  be 
breaking  and  entering  into  the  house  of  another  with  intent  to  com- 
mit felony ; and  the  crime  of  larceny  of  cattle,  or  other  goods  and 
chattels,  of  the  value  of  twenty-five  dollars  or  more,  when  the  same 
is  committed  within  the  frontier  States  or  Territories  of  the  contract- 
ing parties. 

Article  IV. 

On  the  part  of  each  country  the  surrender  of  fugitives  from  jus- 
tice shall  be  made  only  by  the  authority  of  the  Executive  thereof, 
except  in  the  case  of  crimes  committed  within  the  limits  of  the 
frontier  States  or  Territories,  in  which  latter  case  the  surrender  may 
be  made  by  the  chief  civil  authority  thereof,  or  such  chief  civil  or 
judicial  authority  of  the  districts  or  counties  bordering  on  the 
frontier  as  may  for  this  purpose  be  duly  authorized  by  the  said  chief 


MEXICO — ^1861. 


1127 


civil  authority  of  the  said  frontier  States  or  Territories,  or  if,  from 
any  cause,  the  civil  authority  of  such  State  or  Territory  shall  be 
suspended,  then  such  surrender  may  be  made  by  the  chief  military 
officer  in  command  of  such  State  or  Territory. 

Article  V. 

All  expenses  whatever  of  detention  and  delivery  effected  in  virtue 
of  the  preceding  provisions  shall  be  borne  and  defrayed  by  the  Gov- 
ernment or  authority  of  the  frontier  State  or  Territory  in  whose 
name  the  requisition  shall  have  been  made. 

Article  VI. 

The  provisions  of  the  present  treaty  shall  not  be  applied  in  any 
manner  to  any  crime  or  offence  of  a purely  political  character,  nor 
shall  it  embrace  the  return  of  fugitive  slaves,  nor  the  delivery  of 
criminals  who,  when  the  offence  was  committed,  shall  have  been  held 
in  the  place  where  the  offence  was  committed  in  the  condition  of 
slaves,  the  same  being  expressly  forbidden  by  the  Constitution  of 
Mexico;  nor  shall  the  provisions  of  the  present  treaty  be  applied  in 
any  manner  to  the  crimes  enumerated  in  the  third  article  committed 
anterior  to  the  date  of  the  exchange  of  the  ratifications  hereof. 

Neither  of  the  contracting  parties  shall  be  bound  to  deliver  up 
its  own  citizens  under  the  stipulations  of  this  treaty. 

Aettcle  VII. 

This  treaty  shall  continue  in  force  until  it  shall  be  abrogated  by 
the  contracting  parties,  or  one  of  them ; but  it  shall  not  be  abrogated 
except  by  mutual  consent,  unless  the  party  desiring  to  abrogate  it 
shall  give  twelve  months’  previous  notice. 

Article  VIII. 

The  present  treaty  shall  be  ratified  in  conformity  with  the  Consti- 
tutions of  the  two  countries,  and  the  ratifications  shall  be  exchanged 
at  the  city  of  Mexico  within  six  months  from  the  date  hereof,  or 
earlier  if  possible. 

In  witness  whereof  we,  the  Plenipotentiaries  of  the  United  States 
of  America  and  of  the  United  Mexican  States,  have  signed  and 
sealed  these  presents. 

Done  in  the  city  of  Mexico  on  the  eleventh  day  of  December,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty-one,  the 
eighty-sixth  of  the  Independence  of  the  United  States  of  America, 
and  the  forty-first  of  that  of  the  United  Mexican  States. 

[seal.]  Thos.  Corwin. 

[seal.]  Seb’n  Lerdo  de  Tejada. 


1128 


TREATIES,  CONVENTIONS,  ETC. 

1868. 


Claims  Convention.®* * 


Concluded  July  J/.,  1868;  ratification  advised  hy  the  Senate  July  ^5, 
1868;  ratified  hy  the  President  January  25^  1869;  ratifications  ex- 
changed February  1, 1869;  'proclaimed  February  i,  1869. 

Abticles. 


I.  Claims. 

II.  Commissioners. 

III.  Time  for  presenting  and  decision. 

IV.  Award. 


V.  Finality  of  settlement. 
VI.  Records,  etc. 

VII.  Ratification. 


Whereas  it  is  desirable  to  maintain  and  increase  the  friendly  feel- 
ings between  the  United  States  and  the  Mexican  Eepublic,  and  so  to 
strengthen  the  system  and  principles  of  republican  government  on 
the  American  continent;  and  whereas  since  the  signature  of  the  treaty 
of  Guadalupe  Hidalgo,  of  the  2d  of  February,  1848,  claims  and  com- 
plaints have  been  made  by  citizens  of  the  United  States,  on  account 
of  injuries  to  their  persons  and  their  property  by  authorities  of  that 
republic,  and  similar  claims  and  complaints  have  been  made  on  ac- 
count of  injuries  to  the  persons  and  property  of  Mexican  citizens  by 
authorities  of  the  United  States,  the  President  of  the  United  States 
of  America  and  the  President  of  the  Mexican  Republic  have  resolved 
to  conclude  a convention  for  the  adjustment  of  the  said  claims  and 
complaints,  and  have  named  as  their  Plenipotentiaries,  the  President 
of  the  United  States,  William  H.  Seward,  Secretary  of  State ; and  the 
President  of  the  Mexican  Republic,  Matias  Romero,  accredited  as 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the  Mexican 
Republic  to  the  United  States;  who,  after  having  communicated  to 
each  other  their  respective  full  powers,  found  in  good  and  due  form, 
have  agreed  to  the  following  articles : 

Article  I. 


All  claims  on  the  part  of  corporations,  companies,  or  private  indi- 
viduals, citizens  of  the  United  States,  upon  the  Government  of  the 
Mexican  Republic,  arising  from  injuries  to  their  persons  or  property 
by  authorities  of  the  Mexican  Republic,  and  all  claims  on  the  part  of 
corporations,  companies,  or  private  individuals,  citizens  of  the  Mexi- 
can Republic,  upon  the  Government  of  the  United  States,  arising 
from  injuries  to  their  persons  or  property  by  authorities  of  the  United 
States,  which  may  have  been  presented  to  either  Government  for  its 
interposition  with  the  other  since  the  signature  of  the  treaty  of 
Guadalupe  Hidalgo  between  the  United  States  and  the  Mexican  Re- 
public of  the  2d  of  February,  1848,  and  which  yet  remain  unsettled, 
as  well  as  any  other  such  claims  which  may  be  presented  within  the 
time  hereinafter  specified,  shall  be  referred  to  two  commissioners, 
one  to  be  appointed  by  the  President  of  the  United  States,  by  and 


“Federal  cases:  Frelingfiuysen  v.  Key  (110  IT.  S.,  63)  : Ailing  v.  U.  S.  (114 

U.  S.,  562)  ; U.  S.  ex  rel.  Boynton  v.  Blaine  (139  U.  S.,  306)  ; U.  S.  ex  rel.  Key 

V.  Frelingfiuysen  (2  Mackey  (D.  C.),  299). 

* See  extension  conventions,  1871,  p.  1133 ; 1872,  p.  1134 ; 1874,  p.  1136. 


MEXICO — 1868, 


1129 


with  the  advice  and  consent  of  the  Senate,  and  one  by  the  President 
of  the  Mexican  Republic.  In  case  of  the  death,  absence,  or  incapacity 
of  either  commissioner,  or  in  the  event  of  either  commissioner  omit- 
ting or  ceasing  to  act  as  such,  the  President  of  the  United  States  or 
the  President  of  the  Mexican  Republic,  respectively,  shall  forthwith 
name  another  person  to  act  as  commissioner  in  the  place  or  stead  of 
the  commissioner  originally  named. 

The  commissioners  so  named  shall  meet  at  Washington  within  six 
months  after  the  exchange  of  the  ratifications  of  this  convention,  and 
shall,  before  proceeding  to  business,  make  and  subscribe  a solemn 
declaration  that  they  will  impartially  and  carefully  examine  and 
decide,  to  the  best  of  their  judgment,  and  according  to  public  law, 
justice,  and  equity,  without  fear,  favor,  or  affection  to  their  own 
country,  upon  all  such  claims  above  specified  as  shall  be  laid  before 
them  on  the  part  of  the  Governments  of  the  United  States  and  of  the 
Mexican  Republic,  respectively ; and  such  declaration  shall  be  entered 
on  the  record  of  their  proceedings. 

The  commissioners  shall  then  name  some  third  person  to  act  as  an 
umpire  in  any  case  or  cases  on  which  they  may  themselves  differ  in 
opinion.  If  they  should  not  be  able  to  agree  upon  the  name  of  such 
third  person,  they  shall  each  name  a person,  and  in  each  and  every 
case  in  which  the  commissioners  may  differ  in  opinion  as  to  the 
decision  which  they  ought  to  give,  it  shall  be  determined  by  lot 
which  of  the  two  persons  so  named  shall  be  umpire  in  that  particular 
case.  The  person  or  persons  so  to  be  chosen  to  be  umpire  shall,  before 
proceeding  to  act  as  such  in  any  case,  make  and  subscribe  a solemn 
declaration  in  a form  similar  to  that  which  shall  already  have  been 
made  and  subscribed  by  the  commissioners,  which  shall  be  entered  on 
the  record  of  their  proceedings.  In  the  event  of  the  death,  absence, 
or  incapacity  of  such  person  or  persons,  or  of  his  or  their  omitting, 
or  declining,  or  ceasing  to  act  as  such  umpire,  another  and  different 
person  shall  be  named,  as  aforesaid,  to  act  as  such  umpire,  in  the 
place  of  the  person  so  originally  named,  as  aforesaid,  and  shall  make 
and  subscribe  such  declaration  as  aforesaid, 

Artilce  II. 

The  commissioners  shall  then  conjointly  proceed  to  the  investiga- 
tion and  decision  of  the  claims  which  shall  be  presented  to  their 
notice,  in  such  order  and  in  such  manner  as  they  may  conjointly 
think  proper,  but  upon  such  evidence  or  information  only  as  shall 
be  furnished  by  or  on  behalf  of  their  respective  governments.  They 
shall  be  bound  to  receive  and  peruse  all  written  documents  or  state- 
ments which  may  be  presented  to  them  by  or  on  behalf  of  their  re- 
spective governments  in  support  of,  or  in  answer  to  any  claim,  and  to 
hear,  if  required,  one  person  on  each  side  on  behalf  of  each  government 
on  each  and  every  separate  claim.  Should  they  fail  to  agree  in  opinion 
upon  any  individual  claim,  they  shall  call  to  their  assistance  the 
umpire  whom  they  may  have  agreed  to  name,  or  who  may  be  deter- 
mined by  lot,  as  the  case  may  be ; and  such  umpire,  after  having  exam- 
ined the  evidence  adduced  for  and  against  the  claim,  and  after  having 
heard,  if  required,  one  person  on  each  side  as  aforesaid,  and  consulted 
with  the  commissioners,  shall  decide  thereupon  finally  and  without 


1130 


TBEATIES,  CONTENTIONS,  ETC. 


appeal.  The  decision  of  the  commissioners  and  of  the  umpire  shall 
be  given  upon  each  claim  in  writing,  shall  designate  whether  any  sum 
which  may  be  allowed  shall  be  payable  in  gold  or  in  the  currency  of 
the  United  States,  and  shall  be  signed  by  them  respectively.  It  shall 
be  competent  for  each  government  to  name  one  person  to  attend  the 
commissioners  as  agent  on  its  behalf,  to  present  and  support  claims 
on  its  behalf,  and  to  answer  claims  made  upon  it,  and  to  represent 
it  generally  in  all  matters  connected  with  the  investigation  and  de- 
cision thereof. 

The  President  of  the  United  States  of  America  and  the  President 
of  the  Mexican  Republic  hereby  solemnly  and  sincerely  engage  to 
consider  the  decision  of  the  commissioners  conjointly,  or  of  the  um- 
pire, as  the  case  may  be,  as  absolutely  final  and  conclusive  upon  each 
claim  decided  upon  by  them  or  him,  respectively,  and  to  give  full 
effect  to  such  decisions  without  any  objection,  evasion,  or  delay  what- 
soever. 

It  is  agreed  that  no  claim  arising  out  of  a transaction  of  a date 
prior  to  the  2d  of  February,  1848,  shall  be  admissible  under  this  con- 
vention. 

Article  III. 

Every  claim  shall  be  presented  to  the  commissioners  within  eight 
months  from  the  day  of  their  first  meeting,  unless  in  any  case  where 
reasons  for  delay  shall  be  established  to  the  satisfaction  of  the  com- 
missioners, or  of  the  umpire  in  the  event  of  the  commissioners  dif- 
fering in  opinion  thereupon,  and  then  and  in  any  such  case  the  period 
for  presenting  the  claim  may  be  extended  to  any  time  not  exceeding 
three  months  longer. 

The  commissioners  shall  be  bound  to  examine  and  decide  upon 
every  claim  within  two  years  and  six  months  from  the  day  of  their 
first  meeting.  It  shall  be  competent  for  the  commissioners  con- 
jointly, or  for  the  umpire  if  they  differ,  to  decide  in  each  case  whether 
any  claim  has  or  has  not  been  duly  made,  preferred,  and  laid  before 
them,  either  wholly  or  to  any  and  what  extent,  according  to  the  true 
intent  and  meaning  of  this  convention. 

Article  IV. 

When  decisions  shall  have  been  made  by  the  commissioners  and  the 
arbiter  in  every  case  which  shall  have  been  laid  before  them,  the  total 
amount  awarded  in  all  the  cases  decided  in  favor  of  the  citizens  of 
the  one  party  shall  be  deducted  from  the  total  amount  awarded  to 
the  citizens  of  the  other  party,  and  the  balance,  to  the  amount  of 
three  hundred  thousand  dollars,  shall  be  paid  at  the  city  of  Mexico 
or  at  the  city  of  Washington,  in  gold  or  its  equivalent,  within  twelve 
months  from  the  close  of  the  commission,  to  the  government  in  favor 
of  whose  citizens  the  greater  amount  may  have  been  awarded,  with- 
out interest  or  any  other  deduction  than  that  specified  in  Article  VI 
of  this  convention.  The  residue  of  the  said  balance  shall  be  paid  in 
annual  instalments  to  an  amount  not  exceeding  three  hundred  thou- 
sand dollars,  in  gold  or  its  equivalent,  in  any  one  year  until  the  whole 
shall  have  been  paid. 


1131 


^ORLIGW  MISSIONS  LIBRARY, 


rifnu 


Yrric, 


Aktici/E  V. 

The  high  contracting  parties  agree  to  consider  the  result  of  the 
proceedings  of  this  commission  as  a full,  perfect,  and  final  settlement 
of  every  claim  upon  either  government  arising  out  of  any  transac- 
tion of  a date  prior  to  the  exchange  of  the  ratifications  of  the  present 
convention ; and  further  engage  that  every  such  claim,  whether  or  not 
the  same  may  have  been  presented  to  the  notice  of,  made,  preferred, 
or  laid  before  the  said  commission,  shall,  from  and  after  the  con- 
clusion of  the  proceedings  of  the  said  commission,  be  considered  and 
treated  as  finally  settled,  barred,  and  thenceforth  inadmissible. 

Article  VI. 

The  commissioners  and  the  umpire  shall  keep  an  accurate  record 
and  correct  minutes  of  their  proceedings,  with  the  dates.  For  that 
purpose  they  shall  appoint  two  secretaries  versed  in  the  language  of 
both  countries  to  assist  them  in  the  transaction  of  the  business  of  the 
commission.  Each  government  shall  pay  to  its  commissioner  an 
amount  of  salary  not  exceeding  forty-five  hundred  dollars  a year  in 
the  currency  of  the  United  States,  which  amount  shall  be  the  same 
for  both  governments.  The  amount  of  compensation  to  be  paid  to 
the  umpire  shall  be  determined  by  mutual  consent  at  the  close  of  the 
commission,  but  necessary  and  reasonable  advances  may  be  made  by 
each  government  upon  the  joint  recommendation  of  the  commission. 
The  salary  of  the  secretaries  shall  not  exceed  the  sum  of  twenty-five 
hundred  dollars  a year  in  the  currency  of  the  United  States.  The 
whole  expenses  of  the  commission,  including  contingent  expenses, 
shall  be  defrayed  by  a ratable  deduction  on  the  amount  of  the  sums 
awarded  by  the  commission,  provided  always  that  such  deduction 
shall  not  exceed  five  per  cent,  on  the  sums  so  awarded.  The  defi- 
ciency, if  any,  shall  be  defrayed  in  moieties  by  the  two  governments. 

Article  VII. 


The  present  convention  shall  be  ratified  by  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof,  and  by  the  President  of  the  Mexican  Republic,  with  the  ap- 
probation of  the  Congress  of  that  Republic;  and  the  ratifications 
shall  be  exchanged  at  Washington  within  nine  months  from  the  date 
hereof,  or  sooner  if  possible. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed 
the  same,  and  have  affixed  thereto  the  seals  of  their  arms. 

Done  at  Washington,  the  fourth  day  of  July,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-eight. 

[seal.]  William  H.  Seward, 

[seal.]  M.  Romero. 


The  commission  provided  for  in  the  foregoing  treaty  was  duly  ap- 
pointed and  concluded  its  work  January  31,  1876,  rendering  awards 
in  favor  of  citizens  of  the  United  States  to  the  amount  of  $4,125,622.20 
and  $150,498.41  in  favor  of  citizens  of  Mexico. 


1132 


TBEATIES,  CONVENTIONS,  ETC. 

1868.“ 


Convention  Regulating  Citizenship  of  Emigrants. 


Concluded  July  10,  1868;  ratification  advised  hy  the  Senate  July  25, 
1868;  ratified  hy  the  President  January  27,  1869;  ratifications  ex- 
changed February  1, 1869;  froclaimed  February  1, 1869. 


Articles. 


1.  Treatment  of  naturalized  citizens. 

II.  Offenses  committed  before  emigra- 
tion. 

III.  Extradition  convention. 


IV.  Renunciation  of  citizenship. 

V.  Duration. 

VI.  Ratification. 


The  President  of  the  United  States  of  America  and  the  President  of 
the  Republic  of  Mexico,  being  desirous  of  regulating  the  citizenship 
of  persons  who  emigrate  from  Mexico  to  the  United  States  of  Amer- 
ica, and  from  the  United  States  of  America  to  the  Republic  of  Mex- 
ico, have  decided  to  treat  on  this  subject,  and  with  this  object  have 
named  as  Plenipotentiaries,  the  President  of  the  United  States,  Wil- 
liam H.  Seward,  Secretary  of  State;  and  the  President  of  Mexico, 
Matias  Romero,  accredited  as  Envoy  Extraordinary  and  Minister 
Plenipotentiary  of  the  Republic  of  Mexico  near  the  Government  of 
the  United  States;  who,  after  having  communicated  to  each  other 
their  resjiective  full  powers,  found  in  good  and  due  form,  have  agreed 
upon  the  following  articles : 


Article  I. 

Those  citizens  of  the  United  States  who  have  been  made  citizens  of 
the  Mexican  Republic  by  naturalization,  and  have  resided,  without 
interruption,  in  Mexican  territory  five  years,  shall  be  held  by  the 
United  States  as  citizens  of  the  Mexican  Republic,  and  shall  be 
treated  as  such.  Reciprocally,  citizens  of  the  Mexican  Republic  who 
have  become  citizens  of  the  United  States,  and  who  have  resided  un- 
interruptedly in  the  territory  of  the  United  States  for  five  years, 
shall  be  held  by  the  Republic  of  Mexico  as  citizens  of  the  United 
States,  and  shall  be  treated  as  such.  The  declaration  of  an  intention 
to  become  a citizen  of  the  one  or  the  other  country  has  not  for  either 
party  the  eft'ect  of  naturalization.  This  article  shall  apply  as  well  to 
those  already  naturalized  in  either  of  the  countries  contracting  as  to 
those  hereafter  naturalized. 


Article  II. 

Naturalized  citizens  of  either  of  the  contracting  parties,  on  return 
to  the  territory  of  the  other,  remain  liable  to  trial  and  punishment  for 
an  action  punishable  by  the  laws  of  his  original  country,  and  com- 
mitted before  his  emigration;  saving  always  the  limitations  estab- 
lished by  his  original  country. 


“ This  convention  was  terminated  February  11,  1SS2,  upon  notification  given 
by  Mexico.  In  re  Rodriquez  (81  Fed.  Rep.,  337). 


MEXICO — 1868-1871. 


1133 


Article  III. 

The  convention  for  the  surrender  in  certain  cases  of  criminals,  fugi- 
tives from  justice,  concluded  between  the  United  States  of  America  of 
the  one  part,  and  the  Mexican  Republic  on  the  other  part,  on  the 
eleventh  day  of  December,  one  thousand  eight  hundred  and  sixty-one, 
shall  remain  in  full  force  without  any  alteration. 

Article  IV. 

If  a citizen  of  the  United  States  naturalized  in  Mexico  renews  his 
residence  in  the  United  States  without  the  intent  to  return  to  Mexico, 
he  shall  be  held  to  have  renounced  his  naturalization  in  Mexico. 
Reciprocally,  if  a Mexican  naturalized  in  the  United  States  renews 
his  residence  in  Mexico  without  the  intent  to  return  to  the  United 
States,  he  shall  be  held  to  have  renounced  his  naturalization  in  the 
United  States. 

The  intent  not  to  return  may  be  held  to  exist  when  the  person 
naturalized  in  the  one  country  resides  in  the  other  country  more  than 
two  years,  but  this  presumption  may  be  rebutted  by  evidence  to  the 
contrary. 

Article  V. 

The  present  convention  shall  go  into  effect  immediately  on  the  ex- 
change of  ratifications,  and  it  shall  remain  in  full  force  for  ten  years. 
If  neither  of  the  contracting  parties  shall  give  notice  to  the  other  six 
months  previously  of  its  intention  to  terminate  the  same,  it  shall 
further  remain  in  force  until  twelve  months  after  either  of  the  con- 
tracting parties  shall  have  given  notice  to  the  other  of  such  intention. 

Article  VI. 

The  present  convention  shall  be  ratified  by  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof,  and  by  the  President  of  the  Mexican  Republic,  with  the  ap- 
proval of  the  Congress  of  that  republic,  and  the  ratifications  shall  be 
exchanged  in  Washington  within  nine  months  from  the  date  hereof. 

In  faith  whereof  the  Plenipotentiaries  have  signed  and  sealed  this 
convention  at  the  city  of  Washington,  this  tenth  day  of  July,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty-eight. 

[seal.]  William  H.  Seward. 

[seal.]  M.  Romero. 


1871.“ 

Claims  Convention. 

Concluded  April  19,  1871;  ratification  advised  hy  the  Senate  Decem- 
ber 11, 1871 ; ratified  by  the  President  December  15, 1871;  ratifica- 
tions exchanged  February  8,  1872;  proclaimed  February  8,  1872. 

Whereas  a convention  was  concluded  on  the  4th  day  of  July,  1868, 
between  the  United  States  of  America  and  the  United  States  of 
Mexico,  for  the  settlement  of  outstanding  claims  that  have  originated 


Extended  by  convention  of  1872. 


1134 


TBEATIES,  CONVENTIONS,  ETC. 


since  the  signing  of  the  treaty  of  Guadalupe  Hidalgo,  on  the  2d  of 
February,  1848,  by  a mixed  commission  limited  to  endure  for  two 
years  and  six  months  from  the  day  of  the  first  meeting  of  the  com- 
missioners ; and  whereas  doubts  have  arisen  as  to  practicability  of  the 
business  of  the  said  commission  being  concluded  within  the  period 
assigned : 

The  President  of  the  United  States  of  America  and  the  President 
of  the  United  States  of  Mexico  are  desirous  that  the  time  originally 
fixed  for  the  duration  of  the  said  commission  should  be  extended,  and 
to  this  end  have  named  Plenipotentiaries  to  agree  upon  the  best  mode 
of  effecting  this  object  that  is  to  say:  The  President  of  the  United 
States  of  America,  Thomas  H.  Nelson,  accredited  as  Envoy  Extraor- 
dinary and  Minister  Plenipotentiary  of  the  United  States  of  America 
to  the  Mexican  Kepublic;  and  the  President  of  the  United  States  of 
Mexico,  Manuel  Azpiroz,  Chief  Clerk  and  in  charge  of  the  Ministry 
of  Foreign  Relations  of  the  United  States  of  Mexico;  who.  after 
having  presented  their  respective  powers,  and  finding  them  sufficient 
and  in  due  form,  have  agreed  upon  the  following  articles: 

Article  I. 

The  high  contracting  parties  agree  that  the  term  assigned  in  the 
convention  of  the  4th  of  J uly , 1868,  above  referred  to,  for  the  dura- 
tion of  the  said  commission,  shall  be  extended  for  a time  not  exceed- 
ing one  year  from  the  day  when  the  functions  of  the  said  commis- 
sion would  terminate  according  to  the  convention  referred  to,  or  for 
a shorter  time  if  it  should  be  deemed  sufficient  by  the  commissioners, 
or  the  umpire  in  case  of  their  disagreement. 

It  is  agreed  that  nothing  contained  in  this  article  shall  in  anywise 
alter  or  extend  the  time  originally  fixed  in  the  said  convention  for  the 
presentation  of  claims  to  the  mixed  commission. 

Article  II. 

The  present  convention  shall  be  ratified,  and  the  ratifications  shall 
be  exchanged  at  Washington,  as  soon  as  possible. 

In  witness  whereof  the  above-mentioned  Plenipotentiaries  have 
signed  the  same  and  affixed  their  respective  seals. 

Done  in  the  city  of  Mexico  the  19th  day  of  April,  in  the  year  one 
thousand  eight  hundred  and  seventy-one. 

[seal.]  Thomas  H.  Nelson. 

[seal.]  Manuel  Azpiroz. 


1872.“ 

Claims  Convention. 

Concluded  November  ^7, 1872;  ratification  advised  by  the  Senate  with 
amendment  March  9,  1873;  ratified  by  the  President  March  10, 
1873;  ratifications  exchanged  July  17,  1873;  proclaimed  July  2^, 
1873. 

Whereas,  by  the  convention  concluded  between  the  United  States 
and  the  Mexican  Republic  on  the  fourth  day  of  July,  1868,  certain 


® See  convention  of  1874,  p.  1136. 


MEXICO — 1872-1873. 


1135 


claims  of  citizens  of  the  contracting  parties  were  submitted  to  a joint 
commission,  whose  functions  were  to  terminate  within  two  years  and 
six  months,  reckoning  from  the  day  of  the  first  meeting  of  the  com- 
missioners; and 

llTiereas  the  functions  of  the  aforesaid  joint  commission  were  ex- 
tended, according  to  the  convention  concluded  between  the  same  par- 
ties on  the  nineteenth  day  of  April,  1871,  for  a term  not  exceeding 
one  year  from  the  day  on  which  they  were  to  terminate  according 
to  the  first  convention ; and  whereas  the  possibility  of  said  commis- 
sion’s concluding  its  labors  even  within  the  period  fixed  by  the  afore- 
said convention  of  April  nineteenth,  1871,  is  doubtful ; 

Therefore,  the  President  of  the  United  States  of  America  and  the 
President  of  the  United  States  of  Mexico,  desiring  that  the  term  of 
the  afore-mentioned  commission  should  be  again  extended,  in  order 
to  attain  this  end,  have  appointed,  the  President  of  the  United  States 
Hamilton  Fish,  Secretary  of  State,  and  the  President  of  the  United 
States  of  Mexico  Ignacio  Mariscal,  accredited  to  the  Government  of 
the  United  States  as  Envoy  Extraordinary  and  Minister  Plenipo- 
tentiary of  said  United  States  of  Mexico,  who,  having  exchanged 
their  respective  powers,  which  were  found  sufficient  and  in  due  form, 
have  agreed  upon  the  following  articles: 

Article  I. 

The  high  contracting  parties  agree  that  the  said  commission  be 
revived  and  that  the  time  fixed  by  the  convention  of  April  nineteenth, 
1871,  for  the  duration  of  the  commission  aforesaid,  shall  be  extended 
for  a term  not  exceeding  two  years  from  the  day  on  which  the  func- 
tions of  the  said  commission  would  terminate  according  to  that  con- 
vention, or  for  a shorter  time  if  it  should  be  deemed  sufficient  by  the 
commissioners  or  the  umpire,  in  case  of  their  disagreement. 

It  is  agreed  that  nothing  contained  in  this  article  shall  in  any  wise 
alter  or  extend  the  time  originally  fixed  in  the  said  convention  for 
the  presentation  of  claims  to  the  commission. 

Article  II. 

The  present  convention  shall  be  ratified  and  the  ratifications  shall 
be  exchanged  at  Washington  as  soon  as  possible. 

In  witness  whereof,  the  above-named  Plenipotentiaries  have  signed 
the  same  and  affixed  their  respective  seals. 

Done  in  the  city  of  AVashington  the  twenty-seventh  day  of  Novem- 
ber, in  the  year  one  thousand  eight  hundred  and  seventy-two. 

[seal.]  Hamilton  Fish. 

[seal.]  Igno.  Mariscal. 


1873. 

Extension  Protocol. 

Concluded  Janvury  81,  1873. 

PROTOCOL. 

AVhereas  the  Convention  between  the  United  States  and  the  Mexi- 
can Republic  of  the  19th  of  April  1871,  stipulates  that  the  Commis- 


1136 


TEEATIES,  CONVENTIONS,  ETC. 


sion  to  which  it  relates  shall  be  extended  for  a term  not  exceeding 
one  year  from  the  day  when  the  functions  of  the  said  Commission 
would  terminate  pursuant  to  the  Convention  of  the  4th  of  July, 
1868,  which  year  will  expire  on  the  last  day  of  this  month;  and 
Whereas  a Convention  for  the  still  further  prolongation  of  that 
Commission  has  been  signed,  but,  owing  to  unavoidable  circum- 
stances, has  not  seasonably  been  ratified  by  the  parties ; 

Now,  therefore,  be  it  known,  that  the  Undersigned,  Hamilton 
Fish,  Secretary  of  State  of  the  United  States,  and  Ignacio  Mariscal, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the  Mexican 
Republic,  upon  due  consultation  one  with  the  other,  have  deemed  it 
advisable,  under  the  circumstances  for  the  interests  of  the  parties  to 
the  said  Convention,  that  the  apartments  heretofore  occupied  by  the 
said  Commission  shall,  with  the  papers  and  books  relating  to  the 
business  continue  in  the  custody  of  the  respective  Secretaries  thereof, 
until  the  pleasure  of  both  Governments  in  regard  to  the  further 
prosecution  of  the  business  of  the  Commission  shall  be  definitely 
known. 

It  is  further  understood  that  all  the  expenses  which  may  attend  this 
continued  occupation,  including  the  rent  of  the  apartments,  fuel, 
messengers  and  other  incidental  charges,  shall  be  borne  and  de- 
frayed equally,  one  half  by  the  United  States  and  one  half  by  the 
Mexican  Government. 

Hamilton  Fish 
Igno.  Mariscal 

Washington,  January  31, 1873. 


1074.“ 

Convention  for  the  Further  Extension  of  Duration  of  the  Joint 
Commission  for  the  Settlement  of  Claims. 

Concluded  November  20,  1874.;  ratification  advised  by  the  Senate 
January  20, 1875;  ratified  by  the  President  January  22, 1876;  rati- 
fications exchanged  January  28, 1875;  proclaimed  January  28, 1876. 

Articles. 

I.  Duration  extended.  III.  Cases  decided  by  commission; 

II.  Umpire  allowed  additional  time.  award. 

IV.  Ratification. 

Whereas,  pursuant  to  the  convention  between  the  United  States 
and  the  Mexican  Republic  of  the  19th  day  of  April,  1871,  the  func- 
tions of  the  joint  commission  under  the  convention  between  the  same 
parties  of  the  4th  of  July,  1868,  were  extended  for  a term  not  exceed- 
ing one  year  from  the  day  on  which  they  were  to  terminate  according 
to  the  convention  last  named : 

And  whereas,  pursuant  to  the  first  article  of  the  convention  be- 
tween the  same  parties,  of  the  twenty-seventh  day  of  November,  one 
thousand  eight  hundred  and  seventy-two,  the  joint  commission  above 
referred  to  was  revived  and  again  extended  for  a term  not  exceeding 


“Award.  See  p,  1131. 


MEXICO — 1874. 


1137 


two  years  from  the  day  on  which  the  functions  of  the  said  commis- 
sion would  terminate  pursuant  to  the  said  convention  of  the  nine- 
teenth day  of  April,  1871;  but  whereas  the  said  extensions  have  not 
proved  sufficient  for  the  disposal  of  the  business  before  the  said  com- 
mission, the  said  parties  being  equally  animated  by  a desire  that  all 
that  business  should  be  closed  as  originally  contemplated,  the  Presi- 
dent of  the  United  States  has  for  this  purpose  conferred  full  powers 
on  Hamilton  Fish,  Secretary  of  State,  and  the  President  of  the 
Mexican  Republic  has  conferred  like  powers  on  Don  Ignacio  Mariscal, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  that  republic 
to  the  United  States.  And  the  said  Plenipotentiaries,  having  ex- 
changed their  full  powers,  which  were  found  to  be  in  due  form,  have 
agreed  upon  the  following  articles. 

Article  I. 

The  high  contracting  parties  agree  that  the  said  commission  shall 
again  be  extended,  and  that  the  time  now  fixed  for  its  duration  shall 
be  prolonged  for  one  year  from  the  time  when  it  would  have  expired 
pursuant  to  the  convention  of  the  twenty-seventh  of  November,  1872 ; 
that  is  to  say  until  the  thirty-first  day  of  January  in  the  year  one 
thousand  eight  hundred  and  seventy-six. 

It  is,  however,  agreed  that  nothing  contained  in  this  article  shall 
in  any  wise  alter  or  extend  the  time  originally  fixed  by  the  convention 
of  the  4th  of  July,  1868,  aforesaid,  for  the  presentation  of  claims  to 
the  commission. 

Article  II. 

It  is  further  agreed  that,  if  at  the  expiration  of  the  time  when,  pur- 
suant to  the  first  article  of  this  convention,  the  functions  of  the  com- 
missioners will  terminate,  the  umpire  under  the  convention  should 
not  have  decided  all  the  cases  which  may  then  have  been  referred 
to  him,  he  shall  be  allowed  a further  period  of  not  more  Ihan  six 
months  for  that  purpose. 

Article  III. 

All  cases  which  have  been  decided  by  the  commissioners  or  by  the 
umpire  heretofore,  or  which  shall  be  decided  prior  to  the  exchange 
of  the  ratifications  of  this  convention,  shall,  from  the  date  of  such 
exchange  be  regarded  as  definitely  disposed  of,  and  shall  be  consid- 
ered and  treated  as  finally  settled,  barred,  and  thenceforth  inad- 
missible. And,  pursuant  to  the  stipulation  contained  in  the  fourth 
article  of  the  convention  of  the  fourth  day  of  July,  one  thousand 
eight  hundred  and  sixty-eight,  the  total  amount  awarded  in  cases 
already  decided  and  which  may  be  decided  before  the  exchange  of 
ratifications  of  this  convention  and  in  all  cases  which  shall  be  decided 
within  the  times  in  this  convention  respectively  named,  for  that  pur- 
pose, either  by  the  commissioners  or  by  the  umpire,  in  favor  of  citi- 
zens of  the  one  party  shall  be  deducted  from  the  total  amount 
awarded  to  the  citizens  of  the  other  party,  and  the  balance,  to  the 
amount  of  three  hundred  thousand  dollars  shall  be  paid  at  the  city 
of  Mexico,  or  at  the  city  of  Washington,  in  gold  or  its  equivalent, 
24449— VOL  1—10 72 


1138 


TEEATIES,  CONVENTIONS,  ETC. 


within  twelve  months  from  the  31st  day  of  January  one  thousand 
eight  hundred  and  seventy-six  to  the  government  in  favor  of  whose 
citizens  the  greater  amount  may  have  been  awarded,  without  interest 
or  any  other  deduction  than  that  specified  in  article  VI  of  that  con- 
vention. The  residue  of  the  said  balance  shall  be  paid  in  annual 
instalments  to  an  amount  not  exceeding  three  hundred  thousand  dol- 
lars in  gold  or  its  equivalent,  in  any  one  year  until  the  whole  shall 
have  been  paid. 

Article  IV. 

The  present  convention  shall  be  ratified  and  the  ratifications  shall 
be  exchanged  at  Washington,  as  soon  as  possible. 

In  witness  whereof  the  above  named  Plenipotentiaries  have  signed 
the  same  and  affixed  thereto  their  respective  seals. 

Done  in  Washington  the  twentieth  day  of  November,  in  the  year 
one  thousand  eight  hundred  and  seventy- four. 

[seal.]  Hamilton  Fish, 

[seal.]  Igno.  Mariscal. 


1876.“ 

Convention  Extended  Functions  of  the  Umpire  of  the  Joint 
Commission  for  the  Settlement  of  Claims  until  November 
20,  1876. 

Concluded  April  39,  1876;  rati-fication  advised  hy  the  Senate  May 
3Ji.,  1876;  ratified  hy  the  President  June  37,  1876;  rxitifications  ex- 
changed June  39, 1876 ; proclaimed  June  39, 1876. 

Articles. 

I.  Umpire  continued.  I III.  Ratification. 

II.  Awards;  payment.  j 

Whereas,  pursuant  to  the  Convention  between  the  United  States 
and  the  Mexican  Eepublic  of  the  19th  day  of  April,  1871,  the  func- 
tions of  the  joint  commission  under  the  Convention  between  the  same 
parties  of  the  4th  of  July,  1868,  were  extended  for  a term  not  exceed- 
ing one  year  from  the  day  on  which  they  were  to  terminate  according 
to  the  convention  last  named; 

And  whereas,  pursuant  to  the  first  Article  of  the  convention  be- 
tween the  same  parties,  of  the  twenty-seventh  day  of  November,  one 
thousand  eight  hundred  and  seventy-two,  the  joint  Commission  above 
referred  to  was  revived  and  again  extended  for  a term  not  exceeding 
two  years  from  the  day  on  Avhich  the  functions  of  the  said  commis- 
sion would  terminate  pursuant  to  the  said  Convention  of  the  nine- 
teenth day  of  April,  1871; 

And  whereas  pursuant  to  the  Convention  between  the  same  parties, 
of  the  tAventieth  day  of  November  one  thousand  eight  hundred  and 
seventy-four,  the  said  commission  Avas  again  extended  for  one  year 
from  the  time  Avhen  it  Avould  have  expired  pursuant  to  the  CoiiA-en- 
tion  of  the  twenty-seventh  of  November,  one  thousand  eight  hundred 
and  seventy-two,  that  is  to  say,  until  the  thirty-first  day  of  January 


For  aAvard  see  p.  1131, 


MEXICO — 1876. 


1139 


one  thousand  eight  hundred  and  seventy-six;  and  it  was  provided 
that  if  at  the  expiration  of  that  time,  the  Umpire  under  the  Con- 
vention should  not  have  decided  all  the  cases  which  may  then  have 
been  referred  to  him,  he  should  be  allowed  a further  period  of  not 
more  than  six  months  for  that  purpose ; 

And  whereas,  it  is  found  to  be  impracticable  for  the  Umpire  ap- 
pointed pursuant  to  the  Convention  adverted  to,  to  decide  all  the 
cases  referred  to  him,  within  the  said  period  of  six  months  prescribed 
by  the  Convention  of  the  twentieth  of  November  one  thousand  eight 
hundred  and  seventy-four; 

And  the  parties  being  still  animated  by  a desire  that  all  that  busi- 
ness should  be  closed  as  originally  contemplated,  the  President  of  the 
United  States  has  for  this  purpose  conferred  full  powers  on  Hamilton 
Fish,  Secretary  of  State,  and  the  President  of  the  Mexican  Republic 
has  conferred  like  powers  on  Don  Ignacio  Mariscal,  Envoy  Extraor- 
dinary and  Minister  Plenipotentiary  of  that  Republic  to  the  United 
States;  and  the  said  Plenipotentiaries  having  exchanged  their  full 
powers,  which  were  found  to  be  in  due  form,  have  agreed  upon  the 
following  articles : 

Abticle  I. 

The  high  contracting  parties  agree  that  if  the  Umpire  appointed 
under  the  Convention  above  referred  to,  shall  not,  on  or  before  the 
expiration  of  the  six  months  allowed  for  the  purpose  by  the  second 
article  of  the  Convention  of  the  twentieth  of  November  one  thousand 
eight  hundred  and  seventy-four,  have  decided  all  the  cases  referred 
to  him,  he  shall  then  be  allowed  a further  period  until  the  twentieth 
day  of  November  one  thousand  eight  hundred  and  seventy-six,  for 
that  purpose. 

Abticle  II. 

It  is  further  agreed  that  so  soon  after  the  twentieth  day  of  Novem- 
ber one  thousand  eight  hundred  and  seventy-six,  as  may  be  prac- 
ticable, the  total  amount  awarded  in  all  cases  already  decided,  whether 
by  the  Commissioners  or  by  the  Umpire,  and  which  may  be  decided 
before  the  said  twentieth  day  of  November,  in  favor  of  citizens  of 
the  one  party  shall  be  deducted  from  the  total  amount  awarded  to  the 
citizens  of  the  other  party,  and  the  balance,  to  the  amount  of  three 
hundred  thousand  dollars,  shall  be  paid  at  the  city  of  Mexico,  or  at 
the  city  of  Washington,  in  gold  or  its  equivalent,  on  or  before  the 
thirty-first  day  of  J anuary  one  thousand  eight  hundred  and  seventy- 
seven,  to  the  government  in  favor  of  whose  citizens  the  greater 
amount  may  have  been  awarded,  without  interest  or  any  other  deduc- 
tion than  that  specified  in  Article  VI  of  the  said  Convention  of  July 
1868.  The  residue  of  the  said  balance  shall  be  paid  in  annual  instal- 
ments on  the  thirty-first  day  of  January  in  each  year,  to  an  amount 
not  exceeding  three  hundred  thousand  dollars,  in  gold  or  its  equiva- 
lent, in  any  one  year,  until  the  whole  shall  have  been  paid. 

ARTICnE  III. 

The  present  Convention  shall  be  ratified,  and  the  ratifications  shall 
be  exchanged  at  Washington,  as  soon  as  possible. 


1140 


TREATIES,  CONVENTIONS,  ETC. 


In  witness  whereof  the  above  named  Plenipotentiaries  have  signed 
the  same  and  affixed  thereto  their  respective  seals. 

Done  in  Washington,  the  twenty-ninth  day  of  April,  in  the  year  one 
thousand  eight  hundred  and  seventy-six. 

[seal,]  Hamilton  Fish, 

[seal.]  Igno.  Mariscal. 


1876. 

Protocol  Concerning  Compensation  of  Umpire  under  Treaty  of 

1868, 

Concluded  December  1876. 

PROTOCOL 

Whereas  the  Convention  for  the  adjustment  of  claims  provided 
for  by  the  Convention  between  the  United  States  and  the  Mexican 
Republic  of  the  4th  of  July  1868,  stipulates  in  its  Sixth  Article  that 
the  compensation  to  be  paid  to  the  Umpire  shall  be  determined  by 
mutual  consent  at  the  close  of  the  Commission : 

And  whereas  the  said  Commission,  though  continued  from  time  to 
time  by  subsequent  Conventions,  has  concluded  its  functions  and 
come  to  a close: 

And  whereas  the  same  Article  stipulates  that  the  whole  expenses 
of  the  Commission,  including  contingent  expenses,  shall  be  defrayed 
by  a ratable  deduction  on  the  amount  of  the  sums  awarded  by  that 
Commission,  provided  always  that  such  deduction  shall  not  exceed 
five  per  cent  on  the  sums  so  awarded,  the  deficiency,  if  any,  to  be 
defrayed  in  moieties  by  the  two  governments : 

Now,  Therefore,  the  Undersigned,  Hamilton  Fish,  Secretary  of 
State,  and  Don  Ignacio  Mariscal,  accredited  to  the  government  of  the 
United  States  as  Envoy  Extraordinary  and  Minister  Plenipotentiary 
of  the  Mexican  Republic,  have  this  day  met  for  a consideration  of 
these  subjects,  and  have  determined  that  the  compensation  of  the 
Umpire  aforesaid  shall  be  at  the  rate  of  six  thousand  dollars  a year. 
Consequently,  deducting  the  advances  made  by  each  Government  to 
Doctor  Leiber  during  the  time  of  his  service  as  Umpire,  there  re- 
mains the  sum  of  eighteen  thousand  five  hundred  and  fifty  dollars 
for  compensation  of  the  Umpire,  one  half  payable  by  each  Govern- 
ment. 

The  advances  and  payments  made  to  Doctor  Leiber  were  six 
thousand  one  hundred  and  thirty-nine  dollars  and  seventy-two  cents, 
paid  by  each  Government,  in  all  twelve  thousand  two  hundred  and 
seventy-nine  dollars  and  forty-four  cents. 

The  expenses  of  the  Commission  contemplated  in  Article  VI  of 
the  Convention  including  the  contingent  expenses,  have  amounted 
to  one  hundred  and  seventy-eight  thousand  seven  hundred  and 
thirty  eight  dollars  and  forty-six  cents,  equal  to  four  per  cent — and 
seventeen  thousand  nine  hundred  and  ninety-two  one  hundred  thou- 
sandths of  one  per  cent,  on  the  total  amount  of  awards  on  both  sides. 


MEXICO — 1876-1882. 


1141 


The  Undersigned  have  also  caused  the  account  hereunto  annexed  to 
be  stated,  and  have  approved  the  same  under  their  respective  hands. 

Hamilton  Fish 

SecK  of  State 
Ign°  Mariscal 

Washington  IJf^  December  1876. 


1882.0 

Boundary  Convention. 

Concluded  July  29,  1882;  ratification  advised  by  the  Senate  August 
8, 1882;  rati^ed  by  the  President  January  29, 1883;  ratifications  ex- 
changed March  3,  1883;  proclaimed  March  5, 1883. 

Abticles. 


I.  Preliminary  reconnaissance. 

II.  International  Boundary  Commis- 
sion authorized. 

III.  Powers  of  commission. 

IV.  Boundary  monuments. 

V.  Reports  of  commission. 


VI.  Expenses. 

VII.  Payment  for  monuments. 

VIII.  Duration  of  commission, 

IX.  Protection  of  monuments;  ratifi- 
cation. 


The  President  of  the  United  States  of  America  on  the  one  hand 
and  the  President  of  the  United  States  of  Mexico  on  the  other,  being 
desirous  of  putting  an  end  to  whatever  difficulties  arise  from  the 
destruction  or  displacement  of  some  of  the  monuments  erected  for 
the  purpose  of  marking  the  boundary  between  the  two  countries, 
have  thought  proper  to  conclude  a convention  with  the  object  of  de- 
fining the  manner  in  which  the  said  monuments  are  to  be  restored 
to  their  proper  places  and  new  ones  erected,  if  necessary;  to  which 
end  they  have  appointed  as  their  Plenipotentiaries,  to  wit : 

The  President  of  the  United  States  of  America,  Frederick  T. 
Frelinghuysen,  Esquire,  Secretary  of  State  of  the  United  States  of 
America;  and  the  President  of  the  United  States  of  Mexico,  Senor 
Don  Matis  Romero,  Envoy  Extraordinary  and  Minister  Plenipoten- 
tiary of  the  United  States  of  Mexico,  in  Washington; 

Who,  after  reciprocal  exhibition  of  their  full  powers,  found  in  good 
and  due  form,  have  agreed  upon  the  following  articles ; 


Article  I. 

With  the  object  of  ascertaining  the  present  condition  of  the  monu- 
ments marking  the  boundary  line  between  the  United  States  of 
America  and  the  United  States  of  Mexico,  established  by  the  treaties 
of  February  2nd,  1848,  and  December  3rd,* *  1853,  and  for  deter- 
mining generally  what  monuments,  if  any,  have  been  destroyed  or 
removed  and  mav  require  to  be  rebuilt  or  replaced,  a preliminary 
reconnaissance  of  the  frontier  line  shall  be  made  by  each  govern- 
ment, within  six  months  from  the  exchange  of  ratifications  of  this 


•With  the  exception  of  Article  IX  this  treaty  has  been  fuliy  executed.  See 
conventions,  pp.  1164,  1165,  1167,  1174,  1175,  1179,  1181,  1182,  1191,  1192. 

* Should  be  December  30th,  1853. 


1142 


TREATIES,  CONVENTIONS,  ETC. 


convention.  These  reconnaissances  shall  be  made  by  parties  under  the 
control  of  officers  of  the  regular  army  of  the  respective  couiitries,  and 
shall  be  effected  in  concert,  in  such  manner  as  shall  be  agreed  upon  by 
the  commanders  of  the  respective  parties.  The  expense  of  each  recon- 
noitering  party  shall  be  borne  by  the  government  in  whose  behalf  it 
operates. 

These  reconnaissance  parties  shall  report  to  their  respective  govern- 
ments, within  eight  months  from  the  exchange  of  the  ratifications 
of  this  convention : 

(а)  the  condition  of  the  present  boundary  monuments; 

(б)  the  number  of  destroyed  or  displaced  monuments; 

(<?)  the  places,  settled  or  capable  of  eventual  settlement,  where  it 
may  be  advisable  to  set  the  monuments  closer  together  along  the 
line  than  at  present; 

(d)  the  character  of  the  new  monuments  required,  whether  of 
stone  or  iron;  and  their  number,  approximately,  in  each  case. 

Article  II. 

Pending  the  conclusion  of  the  preliminary  reconnaissances  provided 
in  Article  I,  each  government  shall  appoint  a surveying  party,  con- 
sisting of  an  Engineer-in-chief,  two  Associates,  one  of  whom  shall 
be  a practical  astronomer,  and  such  number  of  assistant  engineers 
and  associates  as  it  may  deem  proper.  The  two  parties  so  appointed 
shall  meet  at  El  Paso  del  Norte,  or  at  any  other  convenient  place  to 
be  agreed  upon,  within  six  months  from  the  exchange  of  the  ratifi- 
cations hereof,  and  shall  form,  when  combined,  an  “ International 
Boundary  Commission.” 

Article  III. 

The  International  Boundary  Commission  shall  be  required  and 
have  the  power  and  authority  to  set  in  their  proper  places  along  the 
boundary  line  between  the  United  States  and  Mexico,  from  the 
Pacific  Ocean  to  the  Rio  Grande,  the  monuments  heretofore  placed 
there  under  existing  treaties,  whenever  such  monuments  shall  have 
become  displaced;  to  erect  new  monuments  on  the  site  of  former 
monuments  when  these  shall  have  been  destroyed ; and  to  set  new 
monuments  at  such  points  as  may  be  necessary,  and  be  chosen  by 
joint  accord  between  the  two  Commissioner  Engineers-in-Chief.  In 
rebuilding  and  replacing  the  old  monuments  and  in  providing  for 
new  ones,  the  respective  reports  of  the  reconnaissance  parties,  pro- 
vided by  Article  I,  may  be  consulted;  provided,  however,  that  the 
distance  between  two  consecutive  monuments  shall  never  exceed  eight 
thousand  meters,  and  that  this  limit  may  be  reduced  on  those  parts 
of  the  line  which  are  inhabited  or  capable  of  habitation. 

Article  IV. 

Where  stone  shall  be  found  in  sufficient  abundance  the  monuments 
may  be  of  stone ; and  in  other  localities  shall  be  of  iron,  in  the  form 
of  a simple  tapering  four-sided  shaft  with  pediment  rising  above  the 
ground  to  a height  of  six  feet,  and  bearing  suitable  inscriptions  on 
its  sides.  These  monuments  shall  be  at  least  two  centimeters  in  thick- 
ness, and  weigh  not  less  than  five  hundred  pounds  each. 


MEXICO — 1882, 


1143 


The  approximate  number  thereof  to  be  required  may  be  determined 
from  the  reports  of  the  preliminary  reconnaissance  parties,  and  the 
monuments,  properly  cast  and  finished,  may  be  sent  forward  from 
time  to  time  to  such  spots  as  the  commission  may  select,  to  be  set 
in  place  at  the  sites  determined  upon  as  the  work  progresses. 

Aeticle  V. 

The  Engineers-in-Chief  of  both  sections  shall  determine,  by  com- 
mon consent,  what  scientific  processes  are  to  be  adopted  for  the  re- 
setting of  the  old  monuments  and  the  erection  of  the  new  ones;  and 
they  shall  be  responsible  for  the  proper  performance  of  the  work. 

On  commencing  operations,  each  section  shall  report  to  its  govern- 
ment the  plan  of  operations  upon  which  they  shall  have  jointly 
agreed ; and  they  shall  from  time  to  time  submit  reports  of  the  prog- 
ress made  by  them  in  the  said  operations;  and  finally  they  shall 
present  a full  report,  accompanied  by  the  necessary  drawings,  signed 
by  the  Engineer-in-Chief  and  the  two  Associate  Engineers  on  each 
side,  as  the  official  record  of  the  International  Boundary  Commission. 

Aeticle  VI. 

The  expenses  of  each  section  shall  be  defrayed  by  the  government 
which  appointed  it ; but  the  cost  of  the  monuments  and  of  their  trans- 
portation shall  be  equally  shared  by  both  governments. 

Aeticle  VII. 

Whenever  the  number  of  the  monuments  to  be  set  up  shall  be  ap- 
proximately known  as  the  result  of  the  labors  of  the  preliminary 
reconnaissance-parties,  the  Engineers-in-Chief  shall  prepare  an  esti- 
mate of  their  cost,  conveyance  and  setting  up;  and  when  such  esti- 
mate shall  have  been  approved  by  both  governments,  the  mode  of 
making  the  payment  of  the  part  to  be  paid  by  Mexico  shall  be  deter- 
mined by  a special  arrangement  between  the  two  governments. 

Aeticle  VIII. 

The  work  of  the  International  Boundary  Commission  shall  be 
pushed  forward  with  all  expedition ; and  the  two  governments  hereby 
agree  to  regard  the  present  convention  as  continuing  in  force  until 
the  conclusion  of  said  work,  provided  that  such  time  does  not  exceed 
four  years  and  four  months®  from  the  date  of  the  exchange  of  the 
ratifications  hereof. 


Aeticle  IX. 

The  destruction  or  displacement  of  any  of  the  monuments  described 
herein,  after  the  line  shall  have  been  located  by  the  International 
Boundary  Commission  as  aforesaid,  is  hereby  declared  to  be  a misde- 
meanor, punishable  according  to  the  justice  of  the  country  of  the 
offender’s  nationality,  if  he  a citizen  of  either  the  United  States 


Time  extended  by  convention  of  December  6,  1885,  p.  1163. 


1144 


TREATIES,  CONVENTIONS,  ETC. 


or  Mexico ; and  if  the  offender  be  of  other  nationality,  then  the  misde- 
meanor shall  be  punishable  according  to  the  justice  of  either  country 
where  he  may  be  apprehended. 

This  convention  shall  be  ratified  on  both  sides  and  the  ratifications 
exchanged  at  Washington  as  soon  as  possible. 

In  testimony  whereof  we  have  signed  this  convention  in  duplicate, 
in  the  English  and  Spanish  languages,  and  affixed  hereunto  the  seals 
of  our  arms. 

Done  in  the  City  of  Washington  this  29th  day  of  July,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  eighty-two. 

[seal.]  Fred’k  T.  Frelinghuysen. 

[seal.]  M.  Romero. 


1882.“ 

Protocol  of  an  Agreement  Concerning  Pursuit  of  Indians  Across 

THE  Border. 

Signed  July  29,  1882. 

Memorandum  of  an  agreement  entered  into,  in  behalf  of  their  re- 
spective Governments,  by  Frederick  T.  Frelinghuysen,  Secretary  of 
State  of  the  United  States  of  America,  and  Matias  Romero,  Envoy 
Extraordinary  and  Minister  Plenipotentiary  of  the  Republic  of 
Mexico,  providing  for  the  reciprocal  crossing  of  the  international 
boundary  line  by  the  troops  of  the  respective  Governments  in  pursuit 
of  savage  Indians,  under  the  conditions  hereinafter  stated. 

Article  I. 

It  agreed  that  the  regular  Federal  troops  of  the  two  Republics  may 
reciprocally  cross  the  boundary  line  of  the  two  countries,  when  they 
are  in  close  pursuit  of  a band  of  savage  Indians,  upon  the  conditions 
stated  in  the  following  articles: 

Article  II. 

The  reciprocal  crossing  agreed  upon  in  article  L.  shall  only  occur 
in  the  unpopulated  or  desert  parts  of  said  boundary  line.  For  the 
purposes  of  this  agreement  the  unpopulated  or  desert  places  are  de- 
fined to  be  all  those  points  which  are  at  least  two  leagues  distant  from 
any  encampment  or  town  of  either  country. 

Article  III. 

No  crossing  of  troops  of  either  country  shall  take  place  from  Capi- 
tan  Leal,  a town  on  the  Mexican  side  of  the  Rio  Bravo,  twenty  Mexi- 
can leagues  (52  English  miles)  above  Piedras  Negras,  to  the  mouth  of 
the  Rio  Grande. 

Article  IV. 

The  commander  of  the  troops  which  cross  the  frontier  in  pursuit 
of  Indians,  shall,  at  the  time  of  crossing  or  before  if  possible,  give 
notice  of  his  march  to  the  nearest  military  commander  or  civil  author- 
ity of  the  country  whose  territory  he  enters. 


See  protocols,  pp.  1145,  1157,  1158,  1162,  1170,  1174,  1177. 


MEXICO — ^1882. 


1145 


Article  V, 

The  pursueing  force  shall  retire  to  its  own  territory  as  soon  as  it 
shall  have  fought  the  band  of  which  it  is  in  pursuit  or  have  lost  its 
trail.  In  no  case  shall  the  forces  of  the  two  countries,  respectively, 
establish  themselves  or  remain  in  the  foreign  territory  for  any  time 
longer  than  is  necessary  to  make  the  pursuit  of  the  band  whose  trail 
they  follow. 

Akticle  VT. 

The  abuses  which  may  be  committed  by  the  forces  which  cross  into 
the  territory  of  the  other  nation  shall  be  punished  by  the  Government 
to  which  the  forces  belong,  according  to  the  gravity  of  the  offense  and 
in  conformity  to  its  laws,  as  if  the  abuses  had  been  committed  in  its 
own  territory,  the  said  government  being  further  under  obligation  to 
withdraw  the  guilty  parties  from  the  frontier. 

Artcle  VII. 

In  the  case  of  offenses  which  may  be  committed  by  the  inhabitants 
of  the  one  country  against  the  foreign  forces  which  may  be  within 
its  limits,  the  government  of  said  country  shall  only  be  responsible 
to  the  government  of  the  other  for  denial  of  justice  in  the  punishment 
of  the  guilty. 

Article  VIII. 

This  agreement  shall  remain  in  force  for  two  years,  and  may  be 
terminated  by  either  'government  upon  four  months’  notice  to  the 
other,  to  that  effect. 

Article  IX. 

As  the  Senate  of  the  United  States  of  Mexico  has  authorized  the 
President  of  that  republic,  in  accordance  with  paragraph  III.,  Letter 
B,  section  III,  of  article  72d  of  its  constitution,  as  modified  on  the 
6th  of  November,  1874,  to  allow  the  passing  of  Mexican  troops  into 
the  United  States  and  of  United  States  into  Mexico,  and  the  constitu- 
tion of  the  United  States  empowers  the  President  of  the  United  States 
to  allow  the  passage  without  the  consent  of  the  Senate,  this  agree- 
ment does  not  require  the  sanction  of  the  Senate  of  either  country, 
and  will  begin  to  take  effect  twenty  days  after  this  date. 

In  testimony  of  which  we  have  interchangeably  signed  this  memo- 
randum this  29th  day  of  July,  1882. 

[seal.]  Fred’k  T.  Frelinghuysen. 

[seal.]  M.  Romero. 


1882.“ 

Protocol  of  an  Agreement  Modifying  Agreement  signed  July  29, 
1882,  Concerning  Pursuit  of  Indians  across  the  Boundary  Line. 

Signed  and  exchanged  September  21,  1882. 

Protocol  of  an  agreement  entered  into  in  behalf  of  their  respective 
Governments,  by  Frederick  T.  Frelinghuysen,  Secretary  of  State  of 
the  United  States  of  America,  and  Matias  Romero,  Envoy  Extraordi- 


1146 


TEEATIES,  CONVENTIONS,  ETC. 


nary  and  Minister  Plenipotentiary  of  the  Republic  of  Mexico,  modify- 
ing article  VIII.  of  the  agreement  signed  in  Washington,  on  the  29th 
of  July,  1882,  providing  for  the  reciprocal  crossing,  in  the  unpopu- 
lated or  desert  parte  of  the  international  boundary  line,  by  the  regular 
federal  troops  of  the  respective  Governments,  in  pursuit  of  savage 
hostile  Indians. 

Onlt  Aeticee. 

Article  VIII.  of  the  agreement  signed  in  the  city  of  Washington 
by  the  representatives  of  the  United  States  of  America  and  the  United 
States  of  Mexico  on  the  29th  of  July,  1882,  providing  for  the  recip- 
rocal crossing,  in  the  unpopulated  or  desert  parts  of  the  international 
boundary  line,  by  the  regular  federal  troops  of  the  respective  Govern- 
ments, in  pursuit  of  savage  hostile  Indians,  under  the  conditions 
stated  in  said  agreement,  is  hereby  modified  in  the  following  terms: 

“Article  VIII. — This  agreement  shall  remain  in  force  for  a year 
from  the  18th  of  August,  1882,  and  may  be  terminated  by  either 
Government,  at  any  time  upon  four  months’  notice  to  the  other  to  that 
effect.” 

In  testimony  of  which  we  have  interchangeably  signed  this  proto- 
col this  21st  day  of  September,  1882. 

FEEDK.  T.  FRELINGHUYSEN.  [seal.] 
M.  ROMERO.  [seal.] 


1883.“ 

Commercial  Reciprocity  Convention. 

Concluded  January  20, 1883, • ratification  advised  hy  the  Senate  with 
amendments  March  11,  1881i.;  ratifed  hy  the  President  May  20, 
188 1/.;  ratifications  exchanged  May  20,  188 If.;  proclaimed  June  2, 
1884. 

Aeticles. 


I.  Schedule  to  be  admitted  to  United 
States. 

II.  Schedule  to  be  admitted  to  Mexico. 

III.  Regulations  for  prevention  of 

fraud  by  Mexico. 

IV.  Regulations  for  prevention  of 

fraud  by  United  States. 


V.  Import  duties;  other  nations. 

VI.  Transit  duties. 

VII.  Transit  duties. 

VIII.  Laws  to  carry  convention  into 
effect. 

IX.  Duration. 

X.  Ratification. 


The  United  States  of  America  and  the  United  States  of  Mexico, 
equally  animated  by  the  desire  to  strengthen  and  perpetuate  the 
friendly  relations,  happily  existing  between  them,  and  to  establish 
such  commercial  intercourse  between  them  as  shall  encourage  and 


® The  Congress  of  the  United  States  did  not  pass  the  legislation  to  carry  this 
convention  into  effect  and  it  ceased  to  be  operative  May  20,  1887. 


MEXICO — ^1883. 


1147 


develop  trade  and  good  will  between  their  respective  citizens,  have 
resolved  to  enter  into  a commercial  convention.  For  this  purpose 
the  President  of  the  United  States  of  America  has  conferred  full 
powers  on  Ulysses  S.  Grant  and  William  H.  Trescot,  citizens  of  the 
United  States  of  America,  and  the  President  of  the  United  States  of 
Mexico  has  conferred  like  powers  on  Matias  Romero,  Envoy  Extraor- 
dinary and  Minister  Plenipotentiary  of  Mexico  at  Washington,  and 
on  Astanislao  Canedo,  citizens  of  the  United  States  of  Mexico; 

And  said  Plenipotentiaries,  after  having  exchanged  their  respective 
full  powers,  which  were  found  to  be  in  due  form,  have  agreed  to  the 
following  articles: 

Article  I. 

For  and  in  consideration  of  the  rights  granted  by  the  United  States 
of  Mexico  to  the  United  States  of  America  in  article  second  of  this 
convention,  and  as  an  equivalent  therefor,  the  United  States  of 
America  hereby  agree  to  admit,  free  of  import  duties  whether  Fed- 
eral or  local,  all  the  articles  named  in  the  following  schedule,  into  all 
the  ports  of  the  United  States  of  America,  and  into  such  places  on 
their  frontier  with  Mexico,  as  may  be  established  now  or  hereafter  as 
ports  of  entry  by  the  United  States  of  America,  provided  that  the 
same  be  the  growth  and  manufacture  or  produce  of  the  United  States 
of  Mexico. 

SCHEDULE  OF  MEXICAN  ARTICLES  TO  BE  ADMITTED  FREE  OF  DUTY  INTO 
THE  UNITED  STATES  OF  AMERICA. 


(2)  1. 
(9)  2. 
(8)  3. 
(6)  4. 
(17)  5. 
(13)  6. 


Animals,  alive,  specially  imported  for  breeding  purposes. 
Barley,  not  pearl. 

Beef. 

Coffee. 

Eggs. 

Esparto  and  other  grasses,  and  pulp  of,  for  the  manufac- 
ture of  paper. 

(14)  7.  Flowers,  natural  of  all  kinds. 

(15)  8.  Fruits.  All  kinds  of  fresh  fruits,  such  as  oranges,  lemons, 
pine-apples,  limes,  bananas,  plantains,  mangoes,  etc. 

(26)  9.  Goat  skins,  raw. 

(16)  10.  Henequen,  sisal,  hemp,  and  other  like  substitutes  for  hemp. 
(10)  11.  Hide-ropes. 

(11,  27)  12.  Hides,  raw  or  uncured,  whether  dry,  salted,  or  pickled, 
and  skins,  except  sheepskins  with  the  wool  on.  Angora  goat  skins,  raw, 
without  the  wool,  and  asses’  skins. 

(18)  13.  India-rubber,  crude  and  milk  of. 

(3, 19)  14.  Indigo. 

(20)  15.  Ixtle  or  Tampico  fibre. 

(21)  16.  Jalap. 

(12)  17.  Leather,  old  scrap. 

(24)  18.  Logwood,  berries,  [*]  nuts,  archil,  and  vegetables  for 
dyeing  or  used  for  composing  dyes. 

19.  Molasses. 

20.  Palm  or  cocoanut  oil. 


1148 


TREATIES,  CONVENTIONS,  ETC. 


f 


(30 
(7)  23. 
(25)  24. 


21.  Quicksilver. 

22.  Sarsaparilla,  crude. 

Shrimps  and  all  other  shell  fish. 

Straw,  unmanufactured. 

(5)  25.  Sugar,  not  above  number  16,  Dutch  standard  in  color. 

(28)  26.  Tobacco  in  leaf,  unmanufactured. 

(29)  27.  Vegetables,  fresh  of  all  kinds. 

(22)  28.  Wood  and  timber  of  all  kinds,  unmanufactured,  including 
ship  timber. 

Article  II. 


For  and  in  consideration  of  the  rights  granted  by  the  United  States 
of  America  in  the  preceding  article  of  this  convention,  and  as  an 
equivalent  therefor,  the  United  States  of  Mexico  hereby  agree  to 
admit  free  of  duties  whether  Federal  or  local,  all  the  articles  named 
in  the  following  schedule,  the  same  being  the  growth,  manufacture, 
or  produce  of  the  United  States  of  America,  into  all  the  ports  of  the 
United  States  of  Mexico  and  into  such  places  on  their  frontier  with 
the  United  States  of  America  as  may  be  established  now  or  hereafter 
as  ports  of  entry  by  the  United  States  of  Mexico. 


SCHEDULE  or  UNITED  STATES  ARTICLES  TO  BE  ADMIUTED  FREE  OF  DUTY 

INTO  MEXICO. 


(1)1.  Accordeons  and  harmonicas. 

(74)  2.  Anvils. 

(8)3.  Asbestos  for  roofs. 

(12)  4.  Bars  of  steel  for  mines,  round  or  octagonal. 

(22)  5.  Barrows  and  hand  trucks  with  one  or  two  wheels. 

(36)  6.  Bricks,  refractory  and  all  kinds  of  bricks. 

(38)  7.  Books,  printed,  unbound  or  bound  in  whole  or  in  the  greater 
part  with  paper  or  cloth. 

(73)  8.  Beams,  small,  and  rafters  of  iron  for  roofs,  provided  that 
they  cannot  be  made  use  of  for  other  objects  in  which  iron  is  employed. 


(19) 

9. 

(21) 

10. 

(23) 

11. 

(24) 

12. 

(25) 

13. 

(63) 

14. 

(26) 

15. 

(27) 

16. 

(14) 

17. 

and  other  1 

(4) 

18. 

(47) 

19. 

(53) 

20. 

(29) 

21. 

37) 

22. 

(54) 

23. 

(30) 

24. 

(6) 

25. 

(16) 

26. 

Coal  of  all  kinds. 

Cars  and  carts  with  springs. 

Coaches  and  cars  for  railways. 

Crucibles  and  melting  pots  of  all  materials  and  sizes. 
Cane-knives. 

Clocks,  mantle  or  wall. 

Diligences  and  road  carriages  of  all  kinds  and  dimensions. 
Dynamite. 

Fire  pumps,  engines,  and  ordinary  pumps  for  irrigation 
purposes. 

Faucets. 

Fuse  and  wick  for  mines. 

Feed,  dry,  and  straw. 

Fruits,  fresh. 

Fire- wood. 

Fish,  fresh. 

Guano. 

Hose,  mattocks,  and  their  handles. 

Houses  of  wood  or  iron,  complete. 


MEXICO — 1883. 


1149 


31) 

(32) 

29. 

30. 

(34) 

31. 

(68) 

32. 

(72) 

33. 

15) 

34. 

(39) 

35. 

(56) 

36. 

(17)  27.  Hoes,  common  agricultural  knives  without  their  sheaths, 
scythes,  sickles,  harrows,  rakes,  shovels,  pick-axes,  spades  and  mat- 
tocks for  agriculture. 

(66)  28.  Henequen  bags,  on  condition  that  they  be  used  for  subse- 
quent exportation  with  Mexican  products. 

Ice. 

Iron  and  steel  made  into  rails  for  railways. 

Instruments,  scientific. 

Ink,  printing. 

Iron  beams. 

34.  Lime,  hydraulic. 

Locomotives. 

Lithographic  stones. 

'7,46)  37.  Masts  and  anchors,  for  vessels  large  or  small. 

(41)  38.  Marble  in  blocks. 

(42)  39.  Marble  in  flags  for  pavements  not  exceeding  forty  centi- 
meters in  square  and  polished  only  on  one  side. 

(45)  40.  Machines  and  apparatus  of  all  kinds  for  industrial,  agri- 
cultural and  mining  purposes,  sciences  and  arts,  and  any  separate 
extra  parts  and  pieces  pertaining  thereto. 

The  extra  or  separate  parts  of  ma.chinery  and  the  apparatus  that 
may  come  united  or  separately  with  the  machinery  are  included  in 
this  provision,  comprehending  in  this  the  bands  of  leather  or  rubber 
that  serve  to  communicate  movement,  but  only  when  imported  at  the 
same  time  with  the  machinery  to  which  they  are  adapted. 

Metals,  precious,  in  bullion  or  in  powder. 

Money,  legal  of  silver  or  gold,  of  the  United  States. 
Moulds  and  patterns  for  the  arts. 

Naptha. 

Oats  in  grain  or  straw. 

Oars  for  small  vessels. 

Plows  and  plowshares. 

Paper,  tarred  for  roofs. 

Plants  and  seeds  of  any  kind,  not  growing  in  the  country, 
for  cultivation. 

Pens  of  any  metal  not  silver  or  gold. 

Petroleum,  crude. 

Petroleum  or  coal  oil  and  its  products  for  illuminating 

Powder,  common,  for  mines. 

Quicksilver. 

Rags  or  cloth  for  the  manufacture  of  paper. 

Roof  tiles  of  clay  or  other  material. 

Sulphur. 

Stoves  of  iron  for  cooking  and  other  purposes. 

Staves  and  headings  for  barrels. 

Soda,  hyposulphite  of. 

Steam  engines. 

Sewing  machines. 

Slates  for  roofs  and  pavements. 

Sausages,  large  or  small. 

Teasels  of  wire,  mounted  on  bands  for  machinery,  or 
vegetable  teasels. 


(48) 

41. 

(50) 

42. 

(49) 

43. 

(51 

44. 

(9) 

45. 

(64) 

46. 

(5) 

47. 

(52) 

48. 

(57) 

49. 

(58) 

50. 

(59) 

51. 

(60) 

52. 

purposes. 

(62) 

53. 

(10) 

54. 

(70) 

55. 

(67) 

56. 

(11) 

57. 

(13) 

58. 

(2f) 

59. 

33 

60. 

(43) 

61. 

(44) 

62. 

61) 

63. 

(65) 

64. 

(20) 

65. 

1150 


TREATIES,  CONVENTIONS,  ETC. 


(35)  66.  Tools  and  instruments  of  steel, ^ iron,  brass,  or  wood, 
or  composed  of  these  materials,  for  artisans. 

(69)  67.  Types,  coats  of  arms,  spaces,  rules,  vignettes,  and  ac- 
cessories for  printing  of  all  kinds. 

171)  68.  Vegetables,  fresh. 

(2)  69.  Wire,  telegraph,  the  destination  of  which  will  be  proven 
at  the  respective  custom  houses  by  the  parties  interested. 

(3)  70.  Wire  of  iron  or  steel  for  carding,  from  No.  26  and  up- 
wards. 

(4)  71.  Wire,  barbed,  for  fences  and  the  hooks  and  nails  to  fasten 
the  same. 

(18)  72.  Water  pipes  of  all  classes,  materials  and  dimensions,  not 
considering  as  comprehended  among  them  tubes  of  copper  or  other 
metal  that  do  not  come  closed  or  soldered  with  seam  or  with  riveting 
in  all  their  length. 

(55)  73.  Window  blinds,  painted  or  not  painted. 

Article  III. 

The  Government  of  the  United  States  of  Mexico,  shall  have  the 
power  to  issue  such  laws,  rules,  .regulations,  instructions  and  orders, 
as  it  may  deem  proper  to  protect  its  revenues  and  prevent  fraud  in 
order  to  prove  that  the  merchandise  included  in  the  above  schedule 
annexed  to  article  second  of  this  convention,  are  produced  or  manu- 
factured in  the  United  States  of  America,  and  therefore  are  entitled 
to  importation  free  of  duty,  into  the  Mexican  por'.s  or  such  places  on 
the  frontier  between  Mexico  and  the  United  States  of  America,  as 
are  previously  established  as  ports  of  entry  by  the  Government  of 
Mexico. 

The  Government  of  the  United  States  of  INIexico  shall  have  more- 
over the  power  to  amend,  modify,  or  amplifv  the  laws  and  regula- 
tions issued  in  exercising  the  power  conferred  by  this  article,  when- 
ever it  deems  proper  to  do  so  in  order  to  protect  its  revenues  and 
prevent  fraud. 

Article  IV. 

The  Government  of  the  United  States  of  America  shall  haA^e  the 
power  to  issue  such  laws,  rules,  regulations,  instructions  and  orders 
as  it  may  deem  proper  to  protect  its  revenues  and  prevent  fraud,  in 
order  to  prove  that  the  merchandise  included  in  the  above  schedule 
attached  to  the  first  article  of  this  convention  are  produced  or  manu- 
factured in  the  United  States  of  Mexico,  and  therefore  are  entitled 
to  importation,  free  of  duty,  into  the  ports  of  the  United  States  of 
America  or  such  places  on  the  frontier  between  the  United  States  of 
America  and  the  United  States  of  Mexico  as  are  previously  estab- 
lished as  ports  of  entry  by  the  Government  of  the  United  States  of 
America. 

The  Government  of  the  United  States  of  America  shall  have  more- 
over the  power  to  amend,  modify  or  amplify  the  laws  and  regulations 
issued  in  exercising  the  power  conferred  by  this  article,  whenever  it 
may  deem  proper  to  do  so  in  order  to  protect  its  revenues  and  prevent 
fraud. 


See  protocol  of  January  20,  1883. 


MEXICO — 1883. 


1151 


Article  V. 

The  stipulations  contained  in  the  first  and  second  articles  of  this 
convention  will  not  prevent  either  of  the  contracting  parties  from 
making  such  changes  in  their  import  duties  as  their  respective  inter- 
ests may  require,  granting  to  other  nations  the  same  liberty  of  rights 
in  regard  to  one  or  more  of  the  articles  of  merchandise  named  in  the 
schedule  annexed  to  the  first  and  second  articles,  either  by  legislation 
or  by  means  of  treaties  with  other  Governments.  But  in  case  such 
changes  are  made,  the  party  affected  by  the  same  may  denounce  this 
convention  even  before  the  term  specified  in  Article  IX.,  and  the 
present  convention  will  be  terminated  at  the  end  of  six  months,  from 
the  day  on  which  such  notification  may  be  made  by  the  respective 
country. 

Article  VI. 

It  is  further  agreed  by  the  contracting  parties  that  neither  of  them 
shall  charge  any  duty  for  the  transit  of  the  above  said  articles  of  mer- 
chandise through  its  own  territory,  provided  that  they  are  intended 
to  be  consumed  in  the  same  territory. 

Article  VII. 

Notwithstanding,  either  of  the  contracting  parties  may  impose 
duties  of  transit  upon  any  kind  of  merchandise,  passing  through  its 
territory  and  destined  to  be  consumed  in  the  territory  of  another 
country. 

Article  VIII.  “ 

The  present  convention  shall  take  effect  as  soon  as  it  has  been 
approved  and  ratified  by  both  contracting  parties,  according  to  their 
respective  constitutions;  but  not  until  the  laws  and  regulations  that 
each  shall  deem  necessary  to  carry  it  into  operation,  shall  have  been 
passed  both  by  the  Government  of  the  United  States  of  America  and 
by  the  Government  of  the  United  Mexican  States,  which  shall  take 
place  within  twelve  months  from  the  date  of  the  exchange  of  ratifi- 
cations to  which  Article  X.  refers. 

Article  IX. 

Upon  the  present  convention  taking  effect,  it  shall  remain  in  force 
for  six  years  from  the  date  in  which  it  may  come  into  operation, 
according  to  the  foregoing  article,  and  shall  remain  in  force  until 
either  of  the  contracting  parties  shall  give  notice  to  the  other  of  its 
wish  to  terminate  the  same,  and  until  the  expiration  of  twelve  months 
from  the  date  of  said  notification.  Each  of  the  contracting  parties  is 
at  liberty  to  give  such  notice  to  the  other  at  the  end  of  said  term  of 
six  years,  or  any  time  thereafter,  or  before  as  provided  in  Article  V. 
of  this  convention. 

Article  X. 

The  ratifications  of  the  present  convention  shall  be  duly  exchanged 
at  the  city  of  Washington  within  twelve *  * months  from  the  date 
hereof,  or  earlier  if  possible. 


* See  Amendinent.  Protocol  May  20,  1884. 

* Sixteen.  See  protocol  May  20,  1884. 


1152 


TREATIES,  CONVENTIONS,  ETC. 


In  faith  whereof  the  respective  plenipotentiaries  of  the  high  con- 
tracting parties  have  signed  the  present  convention  and  have  affixed 
thereto  their  respective  seals. 

Done  in  duplicate  at  the  city  of  Washington  this  twentieth  day  of 
January  A.  D.  one  thousand  eight  hundred  and  eighty-three. 


, U.  S.  Grant.  [seal.] 

Wm.  Henry  Teescot.  [seal.] 
M.  Komero.  [seal.] 

E.  Canedo.  [seal.] 


Protocol  [1.] 

Washington,  Saturday^  January  20^  1883. 

The  Commissioners  met,  and  upon  further  discussion  the  United 
States  Commissioners  consented  to  accept  Article  V.  as  submitted  by 
the  Mexican  Commissioners. 

The  remaining  articles  of  the  treaty  were  considered  and,  the 
treaty  signed,  with  the  following  agreement : 

Whereas  the  Mexican  Commissioners  state  that  although  in  their 
instructions  the  word  steel  {acero)  is  omitted  from  the  item  No.  (35) 
66  of  the  list  of  merchandise  of  the  United  States  to  be  admitted  into 
Mexico,  free  of  duty,  appended  to  article  2 of  the  said  treaty,  which 
reads  as  follows : “ Tools  and  instruments  of  iron,  brass,  or  wood,  or 
composed  of  these  articles,  for  artisans,”  they  doubt  whether  this 
omission  is  intentional  or  casual,  and  have  consulted  about  it  by  the 
cable  with  their  Government;  and 

Whereas  the  United  States  Commissioners  assert  that  if  tools 
wholly  or  partly  of  steel  for  the  use  of  artisans  be  excluded  from  the 
benefits  of  the  treaty,  the  item  in  question  is  practically  of  no  value 
as  a concession  to  the  United  States. 

Therefore,  the  Commissioners  hereby  agree  that  the  treaty  is  signed 
by  them  subject  to  the  correction  in  the  aforesaid  item  of  the  word 
“ steel,”  so  that  “ tools  of  iron,  steel,  brass,  or  wood,”  &c.,  shall  he 
specified,  if  it  shall  be  found  that  the  omission  was  unintentional  on 
the  part  of  Mexico;  and  further,  that  if  the  omission  be  found  to  have 
been  intentional  the  right  shall  be,  and  hereby  is,  reserved  to  the 
President  of  the  United  States  of  America  to  withhold  the  said 
treaty  from  the  Senate,  and  to  regard  the  same  as  not  representing  a 
true  agreement  between  the  respective  Commissioners. 

[U.  S.  Grant.] 

[Wm.  Henry  Trescot.] 
[M.  Eomero.] 

[M.  Canedo.] 


[Protocol  2.] 

Agreement  signed  the  17th  day  of  January,  1884,  between  Fred- 
erick T.  Frelinghuysen,  Secretary  of  State  of  the  United  States  of 
America,  and  Matias  Romero,  Envoy  Extraordinary  and  Minister 
Plenipotentiary  of  the  United  States  of  Mexico. 


MEXICO — 1883. 


1153 


Whereas,  pursuant  to  the  tenth  article  of  the  Treaty  between  the 
United  States  of  America  and  the  United  States  of  Mexico  of  the 
20th  of  January,  1883,  it  was  stipulated  that  the  ratifications  of  that 
Treaty  should  be  exchanged  at  the  City  of  Washington  within  twelve 
months  from  the  date  thereof  or  earlier,  if  possible ; 

And  whereas,  it  may  be  impossible  to  exchange  the  ratifications 
within  the  time  so  fixed,  the  President  of  the  United  States  of 
America  has  invested  Frederick  T.  Frelinghuysen,  Secretary  of  State 
of  the  United  States  of  America  with  full  power;  and  the  President 
of  the  United  States  of  Mexico  has  invested  Matias  Romero,  Envoy 
Extraordinary  and  Minister  Plenipotentiary,  at  Washington,  with 
like  power,  who  having  met  and  examined  their  respective  powers, 
which  were  found  to  be  in  proper  form,  have  agreed  upon  the  fol- 
lowing : 

Additional  Article. 

It  is  agreed  that  the  time  limited  in  the  tenth  article  of  the  Treaty 
between  the  United  States  of  America  and  the  United  States  of 
Mexico,  of  January  20,  1883,  for  the  exchange  of  the  ratifications  of 
that  instrument,  shall  be  and  is  hereby  extended  to  the  20th  day  of 
May  next.  The  present  additional  article  shall  be  ratified,  and  the 
ratifications  shall  be  exchanged  at  Washington  as  soon  as  possible. 

In  witness  whereof  we  the  respective  Plenipotentiaries  have  signed 
the  same,  and  have  hereunto  affixed  our  respective  seals. 

Done  in  duplicate  at  the  City  of  Washington,  the  17th  day  of 
January  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
eighty-four. 

Fredk.  T.  Frelinghuysen.  [seal.] 

M.  Romero.  [seal.] 


[Protocol  3.] 

PROTOCOL  OF  AN  AGREEMENT  SIGNED  THIS  IItH  DAY  OF  FEBRUARY  1884, 
BETWEEN  FREDERICK  T.  FRELINGHUYSEN,  SECRETARY  OF  STATE  OF  THE 
UNITED  STATES  OF  AMERICA  AND  MATIAS  ROMERO,  ENVOY  EXTRAORDI- 
NARY AND  MINISTER  PLENIPOTENTIARY  OF  THE  UNITED  STATES  OF 
MEXICO  : 

The  undersigned,  duly  authorized  thereto  by  their  respective  Gov- 
ernments, and  with  the  purpose  of  correcting  an  error  of  translation 
in  the  text  of  the  Commercial  Convention  between  the  United  States 
of  America  and  the  United  States  of  Mexico  signed  in  the  city  of 
Washington  on  the  20th  day  of  January  1883,  hereby  agree  and 
declare: 

That  the  English  word  herries,  found  in  the  18th  (24th)  item  of 
the  schedule  of  Mexican  articles  to  be  admitted  duty  free  into  the 
United  States  of  America  contained  in  Article  I.  of  said  Convention, 
shall  be  held  to  have  its  equivalent  in  fact,  for  all  purposes  of  the 
execution  of  said  Convention  in  the  Spanish  word  hayas  instead  of 
the  Spanish  word  cerezas  which  appears  by  error  in  the  Spanish 
text  of  said  Convention  as  signed. 

24449— VOL  1—10 73 


1154 


TREATIES,  CONVENTIONS,  ETC. 

This  agreement  shall  be  attached  to  and  proclaimed  with  said 
Convention. 

In  witness  whereof  we  have  subscribed  and  sealed  this  Agreement, 
in  the  English  and  Spanish  languages,  in  the  city  of  Washington 
this  11th  day  of  February,  1884. 

Fredk.  T.  Frelinghuysen.  [seal.] 
M.  Romero.  [seal.] 


[Protocol  4.] 

The  Commissioners,  Ulysses  S.  Grant  and  William  H.  Trescot,  on 
the  part  of  the  United  States,  and  Matias  Romero  and  Estanislao 
Cahedo,  on  the  part  of  Mexico,  met  at  the  State  Department  at 

1 o’clock,  January  15,  1883. 

Upon  submitting  to  each  other  their  respective  powers,  the  Com- 
missioners of  the  United  States  called  to  the  attention  of  the  Commis- 
sioners of  Mexico  that  while  the  powers  of  the  former  were  full,  the 
powers  of  the  latter  were  confined  to  the  execution  of  such  a Treaty 
as  was  prescribed  in  their  instructions,  and  as  these  instructions  Avere 
unknown  to  the  United  States  Commissioners,  the  powers  could 
scarcely  be  considered  “ like  and  equal.” 

The  Mexican  Commissioners  said  they  proposed  to  communicate 
their  instructions,  and,  at  the  request  of  the  United  States  Commis- 
sioners, consented  to  attach  them  to  their  powers  as  part  thereof. 

As  these  instructions  referred  to  a draft  of  a treaty  in  possession  of 
the  Mexican  Commissioners  as  representing  the  views  of  the  Mexican 
Government,  it  was  agreed  that  the  treaty  should  be  read. 

It  was  accordingly  read,  article  by  article. 

Upon  the  reading  of  the  first  article,  the  United  States  Commis- 
sioners stated  that  complaints  had  been  made  that  merchandise  going 
from  the  United  States  into  Mexico  and  subject  to  duty  was  not  only 
so  taxed  at  the  port  of  entry,  but  was  subject  to  extra  taxation  im- 
posed upon  the  border  line  of  every  State  of  the  Mexican  Republic 
through  which  it  might  pass.  They  wished  to  know  Avhether  the 
condition  of  Mexican  law,  taken  in  connection  with  the  language  of 
this  article,  exempting  goods  on  the  free  list  from  all  “ taxation 
whether  Federal  or  local  ”,  was  such  as  to  secure  these  goods  from 
local  taxation. 

The  Mexican  Commissioners  said: 

“ That  section  I.  of  article  112  of  the  Federal  Constitution  of  the 
United  States  of  Mexico  provides  that  the  States  cannot  levy  any  tax 
upon  tonnage  or  any  other  port  duty,  or  upon  imports  and  exports 
unless  they  are  authorized  to  do  so  by  the  Federal  Congress.  That 
the  Federal  Congress  has  not  authorized  the  States  to  levy  any  tax 
upon  imports  and  exports,  and  could  not  give  any  such  authority  if 
this  project  became  a treaty,  so  far  as  the  articles  embraced  in  Article 

2 of  the  treaty  are  concerned. 

“ That,  therefore,  if  any  State  should  attempt  to  collect  any  tax  on 
said  articles,  or  any  other  foreign  articles,  in  Mexico,  the  interested 
parties  could  apply  to  the  proper  courts  and  have  the  wrong  remedied 
in  accordance  with  the  Mexican  laws.” 


MEXICO — 1883. 


1155 


Having  considered  Articles  1 and  2,  with  the  respective  free  lists, 
the  Commission  adiourned  to  meet  on  Tuesday,  the  16th  instant,  at 
10  o’clock. 

[U.  S.  Grant.] 

[Wm.  Henry  Trescot.] 
[M.  Romero.] 

[E.  Canedo.] 


[Protocol  5.] 

Washington,  Tuesday^  January  16,  1883. 

The  Commissioners  met  at  10  o’clock. 

The  reading  of  the  articles  of  the  treaty  draft  was  renewed. 

In  connection  with  Articles  3 and  4,  the  United  States  Commis- 
sioners suggested  that,  without  making  any  alteration  in  the  sub- 
stance of  the  articles,  it  would  be  desirable  if  some  concert  could  be 
had  in  the  establishment  of  such  customs  regulations  as  might  be 
found  necessary  for  proof  of  the  character  of  the  merchandise  made 
free  under  the  provisions  of  the  Treaty;  and  they  considered  it 
important  that  the  official  examination  of  such  merchandise  once 
made  at  the  port  of  original  entry  should  be  sufficient  to  carry  such 
goods  to  their  point  of  destination  without  further  examination. 

The  Mexican  Commissioners  said  that  the  Mexican  Government 
was  now  endeavoring  to  modify  its  customs  regulations ; that  a Com- 
missioner was  appointed  to  come  to  the  United  States  to  examine  the 
customs  regulations  between  the  United  States  and  Canada,  who  has 
reported  favorably  upon  the  adoption  of  that  system,  and  that  a 
Commission  was  now  sitting  in  Mexico  for  the  revision  of  the  tariff, 
and  would  probably  adopt  that  system;  that  the  introduction  and 
development  of  railroads  would  require  a change  in  the  present  sys- 
tem, and  that  they  had  no  doubt  some  plan  would  be  devised  by  which 
goods  could  be  carried  under  bond  to  their  point  of  final  destination ; 
that,  as  they  had  explained  before,  no  separate  State  had  the  right 
to  levy  taxes  upon  imports  without  the  consent  of  the  Federal  Con- 
gress, and  that  goods  declared  free,  having  once  passed  the  custom- 
house of  original  entry,  or  having  arrived  at  the  place  of  destination, 
if  the  bond  system  was  adopted,  would  not  need  any  further  justifi- 
cation. 

The  remaining  articles  of  the  draft,  with  the  exception  of  Article 
5,  were  then  read,  and  in  some  respects  modified. 

Article  V.  was  then  read. 

The  United  States  Commissioners  submitted  a modification  by 
which  the  free  lists  were  made  the  exclusive  privilege  of  the  contract- 
ing parties  during  the  term  of  the  existence  of  the  treaty — six  years. 

After  a very  full  discussion,  the  Mexican  Commissioners  said  that 
they  were  not  authorized  to  accept  the  modification ; and  the  United 
States  Commissioners  replied  that  under  their  in.st ructions  they  were 
not  authorized  to  accept  the  article  without  some  modification. 

The  subject  was  referred  for  further  discus.sion  to  the  next  meeting. 

The  Commission  then  adjourned  to  meet  on  Wednesday,  January 
17,  at  11  o’clock. 

[U.  S.  Grant.] 

[Wm.  Henry  Trescot.] 
[M.  Romero.] 

[E.  Canedo.] 


1156 


TREATIES,  CONVENTIONS,  ETC. 


[Protocol  6.] 

PROTOCOL  OF  A CONFERENCE  HELD  AT  THE  DEPARTMENT  OF  STATE  IN  THE 

CITY  OF  WASHINGTON  THE  20tH  DAY  OF  MAY  1884,  BETWEEN  FRED- 
ERICK T.  FRELINGHUYSEN,  SECRETARY  OF  STATE  OF  THE  UNITED  STATES 

OF  AMERICA  AND  MATIAS  ROMERO,  ENVOY  EXTRAORDINARY  AND  MINIS- 
TER PLENIPOTENTIARY  OF  THE  UNITED  STATES  OF  MEXICO. 

Whereas  a Treaty  of  Commerce  was  concluded  between  the  United 
States  of  America  and  the  United  Mexican  States  and  signed  by  their 
respective  Plenipotentiaries  at  Washington  on  the  20th  dav  of  Janu- 
ary 1883; 

And  whereas,  the  Senate  of  the  United  States  by  their  Resolution 
of  the  11th  of  March  1884  (two-thirds  of  the  Senators  present  con- 
curring) did  advise  and  consent  to  the  ratification  of  the  said  Treaty 
and  the  Protocols  thereto  with  the  following  amendments: 

Amend  Article  eight  so  as  to  read  as  follows : — 

“ The  present  convention  shall  take  effect  as  soon  as  it  has  been 
approved  and  ratified  by  both  contracting  parties,  according  to  their 
respective  constitutions ; but  not  until  laws  necessary  to  carry  it  into 
operation,  shall  have  been  passed  both  by  the  Congress  of  the  United 
States  and  the  Government  of  the  United  Mexican  States,  and  regu- 
lations provided  accordingly,  which  shall  take  place  within  twelve 
months  from  the  date  of  the  exchange  of  ratifications  to  which 
Article  ten  refers.” 

Article  ten,  line  three,  strike  out  the  word  “ twelve  ” and  insert  in 
lieu  thereof  the  word  “ sixteen.” 

And  whereas  the  said  Treaty  with  acceptance  of  said  amendment 
was  ratified  by  the  Senate  of  the  United  States  of  Mexico  on  the  14th 
day  May,  1884. 

And  whereas  the  Treaty  has  been  ratified  by  both  Governments, 
but  the  Mexican  exchange  copy,  although  on  its  way  to  Washington, 
has  not  yet  arrived,  it  is  agreed  that  this  Protocol  shall  have  the  effect 
of  an  exchange  of  ratifications  when  complemented  by  a formal  ex- 
change to  take  place  upon  the  arrival  of  the  Mexican  copy,  and  this 
Protocol  to  take  effect  only  on  the  arrival  of  the  Mexican  copy  of  the 
Treaty,  and  then,  as  of  to-day,  when  another  Protocol  shall  be  signed 
reciting  the  substance  of  this. 

In  witness  whereof  we  have  hereunto  set  our  hands  and  seals. 

Fredk.  T.  Frelinghuysen.  [se.\l] 
M.  Romero.  [seal] 


[Protocol  7.] 

Whereas,  upon  the  20th  day  of  May,  1884,  a protocol  of  a Confer- 
ence held  at  the  Department  of  State  in  the  City  of  Washington,  was 
signed,  which  provided  that  as  the  Treaty  between  the  United  States 
of  America  and  the  United  Mexican  States,  signed  at  Washington 
on  the  20th  day  of  January,  1883,  had  been  ratified  by  both  Govern- 
ments; but  the  Mexican  Exchange  Copy,  although  on  its  way  to 
Washington  had  not  then  arrived,  it  was  agreed  that  the  protocol 


MEXICO — 1883. 


1157 


should  have  the  effect  of  an  exchange  of  ratifications  when  comple- 
mented by  a formal  exchange,  to  take  place  upon  the  arrival  of  the 
Mexican  copy,  the  protocol  to  take  effect  only  on  the  arrival  of  the 
Mexican  copy  of  the  Treaty,  and  then  as  of  its  date,  when  another 
protocol  should  be  signed  citing  the  substance  of  the  protocol  of 
May  20; 

And  whereas  the  Mexican  copy  of  the  Treaty  has  now  arrived,  and 
the  respective  ratifications  of  said  Treati^  have  been  carefully  com- 
pared and  found  conformable,  the  undersigned  ratify  and  confirm 
the  Protocol  of  May  20th,  hereinbefore  referred  to. 

In  testimony  whereof  they  have  hereunto  set  their  hands  and  affixed 
their  seals  at  Washington  this  twenty  sixth  day  of  May  in  the  year 
one  thousand  eight  hundred  and  eighty-four. 

Fredk.  T.  Frelinghuysen.  [seal] 

M.  Romero.  [seal] 


1883.“ 

AoREEifENT  Concerning  Pursuit  of  Indians  Across  Border. 

Concluded  June  28,  1883. 

Memorandum  of  an  agreement  entered  into  in  behalf  of  their 
respective  Governments,  by  Philip  H.  Morgan,  Envoy  Extraordinary 
and  Minister  Plenipotentiary  of  the  United  States  of  America,  and 
Jose  Fernandez,  Oficial  Mayor  of  the  Department  for  Foreign  Affairs 
of  Mexico,  and  in  charge  thereof,  for  the  prolongation  of  the  agree- 
ment entered  into  between  their  respective  Governments  by  Frederick 
T.  Frelinghuysen,  Secretary  of  State  of  the  United  States  of  America, 
and  Matias  Romero,  Envoy  Extraordinary  and  Minister  Plenipoten- 
tiary of  the  Republic  of  Mexico,  at  Washington,  on  the  Twenty-ninth 
July,  Eighteen  Hundred  and  Eighty-two,  and  the  Protocol  thereto 
attached,  signed  by  the  same  parties  in  their  aforesaid  respective 
capacities,  of  the  Twentyfirst  September  Eighteen  Hundred  and 
Eighty-two,  which  provides  for  the  reciprocal  crossing,  in  the  unpopu- 
lated or  desert  parts  of  the  international  boundary  line,  by  the  regidar 
federal  troops  of  the  respective  Governments,  in  pursuit  of  savage 
hostile  Indians. 

Only  Article. 

It  is  agreed,  that  the  agreement  entered  into  between  the  United 
States  of  America,  therein  represented  by  Frederick  T.  Freling- 
huysen, their  Secretary  of  State,  and  the  Mexican  Republic,  therein 
represented  by  Matias  Romero,  their  Envoy  Extraordinary  and  Min- 
ister Plenipotentiary,  at  Washington,  on  the  twenty-ninth  day  of 
July,  Eighteen  Hundred  and  Eighty  two,  and  the  Protocol  thereto, 
signed  by  the  same  jiarties  as  above  named  and  in  their  respective 
capacities  as  aforesaid,  on  the  twenty  first  day  of  September  Eighteen 
Hundred  and  Eighty-two,  which  provides  for  the  reciprocal  cross- 
ing, in  the  unpopulated  or  desert  parts  of  the  international  boundary 
line,  by  the  regular  federal  troops  of  the  respective  Governments,  in 
pursuit  of  savage  hostile  Indians,  which  said  agreement,  as  well  as 

“ See  protocols,  pp.  1158,  1162,  1170,  1174,  1177. 


1158 


TEEATIES,  CONVENTIONS,  ETC. 


the  Protocol  thereto,  expires  on  the  Eighteenth  day  of  August,  Eight 
een  Hundred  and  Eighty-three,  be  and  the  same  is  hereby  prorogued, 
in  all  of  its  parts,  conditions  and  stipulations,  for  one  year  from  the 
Eighteenth  of  August,  Eighteen  Hundred  and  Eighty-three : That  is 
to  say,  until  the  Eighteenth  day  of  August  Eighteen  Hundred  and 
Eighty  four. 

In  laith  of  which  we  have  interchangeable  signed  this  Memo- 
randum, at  the  City  of  Mexico  this  Twenty-eighth  day  of  June 
Eighteen  Hundred  and  Eighty-three. 

[seal,.]  P.  H.  Morgan, 

[seal.]  Jose  Fernandez. 


1884.“ 

Agreement  Renewing  Stipulations  in  Former  Agreements,  Con- 
cerning Right  to  Pursue  Indians  Across  the  Boundary  Line. 

Signed  and  exchanged  at  the  city  of  Mexico^  October  31, 188J1.. 

Protocol  of  a convention  celebrated  in  the  name  of  their  respective 
Governments  by  Mr.  Harry  H.  Morgan,  Charge  d’ Affaires  ad  interim 
of  the  United  States  of  America  and  Senor  Jose  Fernandez,  Under 
Secretary  in  charge  of  the  Department  for  Foreign  Affairs  of  the 
United  States  of  Mexico,  for  the  renewal  of  the  agreement  entered 
into  by  Frederick  T.  Frelinghuysen,  Secretary  of  State  of  the  United 
States  of  America,  and  Matias  Romero,  Envoy  Extraordinary  and 
Minister  Plenipotentiary  of  the  United  States  of  Mexico,  each  one  in 
representation  of  their  respective  Governments,  at  the  city  of  Wash- 
ington on  the  twenty-ninth  day  of  July,  one  thousand  eight  hundred 
and  eighty-two  and  the  Protocol  thereto  attached,  signed  by  the  same 
parties  in  their  aforesaid  capacities,  of  the  twenty-first  of  September, 
one  thousand  eight  hundred  and  eighty -two,  which  provides  for  the 
reciprocal  passage  in  the  unpopulated  or  desert  parts  of  the  inter- 
national boundary  line  by  the  regular  federal  troops  of  the  respective 
Governments  in  pursuit  of  savage  hostile  Indians. 

In  the  city  of  Mexico,  being  present  in  the  reception  room  of  the  De- 
partment for  Foreign  Affairs,  Senor  Don  Jose  Fernandez,  Under- 
secretary in  charge  of  the  said  Department,  and  Mr.  Harry  H.  Mor- 
gan, Charge  d’Affaires  ad  interim  of  the  United  States  of  America, 
the  first  manifests  that  the  Executive  of  the  United  States  of  Mexico 
having  been  authorized  by  the  Chamber  of  Senators  of  the  Congi-ess 
of  the  Union,  under  date  of  the  ninth  instant,  to  renew  the  conven- 
tion of  the  twenty-ninth  of  July,  one  thousand  eight  hundred  and 
eighty-two  concerning  the  reciprocal  passage  of  regular  federal 
troops  across  the  frontier  in  pursuit  of  hostile  Indians  he  was  pre- 
pared to  sign  the  following  agreement  and  both  contracting  parties 
being  satisfied  if  the  full  authorization  granted  to  each  to  treat  upon 
the  subject,  in  the  name  of  their  respective  Governments,  agreed  upon 
the  following: 

Only  Article. 

It  is  agreed  that  the  Convention  entered  into  in  the  city  of  Washing- 
ton on  the  twenty-ninth  day  of  July,  one  thousand,  eight  hundred 
and  eighty-two  between  the  United  States  of  America  therein  repre- 

“ See  protocols,  pp.  1162,  1164,  1165,  1170,  1174,  1177. 


MEXICO — 1884. 


1159 


sented  by  Frederick  T.  Frelinghuysen,  Secretary  of  State  of  the  same, 
and  the  United  States  of  Mexico,  therein  represented  by  Matias 
Romero,  their  Envoy  Extraordinary  and  Minister  Plenipotentiary 
at  Washington,  which  provides  for  the  reciprocal  passage,  in  the 
unpopulated  or  desert  parts  of  the  international  boundary  line,  by 
the  regular  federal  troops  of  the  respective  Governments,  in  pursuit 
of  savage  hostil^  Indians,  is  hereby  renewed  in  all  of  its  parts,  condi- 
tions and  stipulations  except  in  regard  to  the  time  for  which  the  said 
agreement  will  remain  in  force,  the  time  of  which  has  been  reduced 
one  year  counting  from  the  thirty-first  of  October  eighteen  hundred 
and  eighty-four ; that  is  until  the  thirty-first  of  October  eighteen  hun- 
dred and  eighty-five. 

In  faith  of  which  we  have  signed  and  reciprocally  exchanged  this 
Protocol  at  the  city  of  Mexico,  to-day,  the  thirty-first  of  October, 
eighteen  hundred  and  eighty-four. 

[seal.]  H.  H.  Morgan. 

[seal.]  Jose  Fernandez. 


1884.“ 


Boundary  Convention,  Rio  Grande  and  Rio  Colorado. 

Concluded  November  12,  ISSJf.;  ratification  advised  by  the  Senate 
March  18,,  1885;  modifications  consented  to  by  the  Senate  June  23, 
1886;  ratified  by  the  President  July  10,  1886;  ratifications  ex- 
changed September  13,  1886;  proclaimed  September  14,  1886. 

Articles. 


I.  Boundaries  in  rivers  named. 

II.  Changes. 

III.  Artiflcial  changes. 


IV.  Bridges. 

V.  Riparian  rights. 
VI.  Ratification. 


Whereas,  in  virtue  of  the  Vth  article  of  the  Treaty  of  Guadalupe 
Hidalgo  between  the  United  States  of  America  and  the  United  States 
of  Mexico,  concluded  February  2,  1848,  and  of  the  first  article  of  that 
of  December  30,  1853,  certain  parts  of  the  dividing  line  between  the 
two  countries  follow  the  middle  of  the  channel  of  the  Rio  Grande  and 
the  Rio  Colorado,  to  avoid  difficulties  which  may  arise  through  the 
changes  of  channel  to  which  those  rivers  are  subject  through  the 
operation  of  natural  forces,  the  Government  of  the  United  States  of 
America  and  the  Government  of  the  United  States  of  Mexico  have 
resolved  to  conclude  a convention  which  shall  lay  down  rules  for 
the  determination  of  such  questions,  and  have  appointed  as  their 
Plenipotentiaries : 

The  President  of  the  United  States  of  America,  Frederick  T. 
Frelinghuysen,  Secretary  of  State  of  the  United  States;  and  the 
President  of  the  United  States  of  Mexico,  Matias  Romero,  Envoy 
Extraordinary  and  Minister  Plenipotentiary  of  the  United  Mexican 
States ; 

Who,  after  exhibiting  their  respective  Full  Powers,  found  in  good 
and  due  form,  have  agreed  upon  the  following  articles: 


Article  I. 

The  dividing  line  shall  forever  be  that  described  in  the  aforesaid 
Treaty  and  follow  the  center  of  the  normal  channel  of  the  rivers 


See  pp.  1167,  1174,  1175,  1179,  1181,  3182,  1191,  1192. 


1160 


TKEATIES,  CONVENTIONS,  ETC. 


named,  notwithstanding  any  alterations  in  the  banks  or  in  the  course 
of  those  rivers,  provided  that  such  alterations  be  effected  by  natural 
causes  through  the  slow  and  gradual  erosion  and  deposit  of  alluvium 
and  not  by  the  abandonment  of  an  existing  river  bed  and  the  opening 
of  a new  one. 

Article  II. 

• 

Any  other  change,  wrought  by  the  force  of  the  current,  whether  by 
the  cutting  of  a new  bed,  or  when  there  is  more  than  one  channel  by 
the  deepening  of  another  channel  than  that  which  marked  the  bound- 
ary at  the  time  of  the  survey  made  under  the  aforesaid  Treaty,  shall 
produce  no  change  in  the  dividing  line  as  fixed  by  the  surveys  of  the 
International  Boundary  Commissions  in  1852,  but  the  line  then  fixed 
shall  continue  to  follow  the  middle  of  the  original  channel  bed,  even 
though  this  should  become  wholly  dry  or  be  obstructed  by  deposits. 

Article  III. 

No  artificial  change  in  the  navigable  course  of  the  river,  by  build- 
ing jetties,  piers,  or  obstructions  which  may  tend  to  deflect  the  cur- 
rent or  produce  deposits  of  alluvium,  or  by  dredging  to  deepen 
another  than  the  original  channel  under  the  Treaty  when  there  is 
more  than  one  channel,  or  by  cutting  waterways  to  shorten  the 
navigable  distance,  shall  be  permitted  to  affect  or  alter  the  dividing 
line  as  determined  by  the  aforesaid  commissions  in  1852  or  as  de- 
termined by  Article  I hereof  and  under  the  reservation  therein  con- 
tained; but  the  protection  of  the  banks  on  either  side  from  erosion 
by  revetments  of  stone  or  other  material  not  unduly  projecting  into 
the  current  of  the  river  shall  not  be  deemed  an  artificial  change. 

Article  IV. 

If  any  international  bridge  have  been  or  shall  be  built  across  either 
of  the  rivers  named,  the  point  on  such  bridge  exactly  over  the  middle 
of  the  main  channel  as  herein  determined  shall  be  marked  by  a suit- 
able monument,  which  shall  denote  the  dividing  line  for  all  the  pur- 
poses of  such  bridge,  notwithstanding  any  change  in  the  channel 
which  may  thereafter  supervene.  But  any  rights  other  than  in  the 
bridge  itself  and  in  the  ground  on  which  it  is  built  shall  in  event  of 
any  such  subsequent  change  be  determined  in  accordance  with  the 
general  provisions  of  this  convention. 

Article  V. 

Eights  of  property  in  respect  of  lands  which  may  have  become  sepa- 
rated through  the  creation  of  new  channels  as  defined  in  Article  II. 
hereof,  shall  not  be  effected  thereby,  but  such  lands  shall  continue 
to  be  under  the  jurisdiction  of  the  country  to  which  they  previously 
belonged. 

In  no  case,  however,  shall  this  retained  jurisdictional  right  affect  or 
control  the  right  of  navigation  common  to  the  two  countries  under 
the  stipulations  of  Article  VII  of  the  aforesaid  Treaty  of  Guada- 
loupe  Hidalgo;  and  such  common  right  shall  continue  without  preju- 


MEXIC  0 — 1884-1885. 


1161 


dice  throughout  the  actually  navigable  main  channels  of  the  said 
rivers,  from  the  mouth  of  the  Rio  Grande  to  the  point  where  the  Rio 
Colorado  ceases  to  be  the  international  boundary,  even  though  any 
part  of  the  channel  of  said  rivers,  through  the  changes  herein  pro- 
vided against,  may  be  comprised  within  the  territory  of  one  of  the 
two  nations. 

Article  VI. 

This  convention  shall  be  ratified  by  both  parties  in  accordance  with 
their  respective  constitutional  procedure,  and  the  ratifications  ex- 
changed in  the  city  of  Washington  as  soon  as  possible. 

In  witness  whereof  the  undersigned  Plenipotentiaries  have  hereunto 
set  their  hands  and  seals. 

Done  at  the  city  of  Washington,  in  duplicate,  in  the  English  and 
Spanish  languages,  this  twelfth  day  of  November,  A.  D.  1884. 

[seal.]  Fred’k  T.  Frelinghuysen. 

[seal.]  M.  Romero. 


1885. 

Reciprocity  Convention. 

Concluded  February  25,  1885;  ratification  advised  by  the  Senate 

March  20, 1885 ; ratif.ed  by  the  President  November  12, 1885;  rati- 
fications exchanged  November  27, 1885;  proclaimed  May  J^,  1886. 

The  United  States  of  America  and  the  United  States  of  Mexico, 
deeming  it  expedient  to  extend  the  time  for  the  approval  of  the  laws 
necessary  to  carry  into  operation  the  Commercial  Convention  be- 
tween the  two  Governments  concluded  at  Washington,  January  20, 
1883,  fixed  in  Article  VI  I.,  of  said  Convention,  have  agreed  upon  an 
additional  article  and  have  appointed  as  their  Plenipotentiaries: 

The  President  of  the  United  States  of  America,  Frederick  T. 
Frelinghuysen,  Secretary  of  State  of  the  United  States  of  America, 
and 

The  President  of  the  United  States  of  Mexico,  Matias  Romero, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the  United 
States  of  Mexico  at  Washington ; 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers,  found  in  good  and  due  form,  have  agreed  upon  and  concluded 
the  following  article: 


additional  article. 

The  time  originally  fixed  in  Article  VIII.  of  the  Commercial  Con- 
vention between  the  United  States  of  America  and  the  United  States 
of  Mexico,  concluded  at  Washington,  January  20,  1883,  for  the 
approval  of  the  laws  necessary  to  carry  it  into  operation,  is  hereby 
extended  to  May  20,  1886. 

This  additional  article  shall  be  ratified  by  the  contracting  Parties, 
in  conformity  with  their  respective  Constitutions  and  its  ratifications 
shall  be  exchanged  in  Washington  as  soon  as  possible. 


1162 


TREATIES,  CONVENTIONS,  ETC. 


In  faith  whereof  we,  the  undersigned,  in  virtue  of  our  respective 
full  powers,  have  signed  the  present  additional  article  in  duplicate, 
and  have  hereunto  affixed  our  respective  seals. 

Done  at  the  City  of  Washington  the  25th  day  of  February  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  eighty-five. 

[seal.]  Fred’k  T.  Frelinghtjysen. 

[seal.]  M.  Romero. 


1885.“ 

Memorandum  of  an  Agreement  Extending  Agreement  Signed 
October  31,  1884,  in  Reference  to  Pursuit  of  Indians. 

Signed  and  exchanged  October  16, 1885. 

Memorandum  of  an  agreement  concluded  in  the  name  of  their  re- 
spective Governments  by  Mr.  Henry  R,  Jackson,  Envoy  Extraordi- 
nary and  Minister  Plenipotentiary  of  the  United  States  of  America, 
and  Mr.  Ignacio  Mariscal,  Secretary  of  State  and  of  the  Department 
of  Foreign  Relations  of  the  United  Mexican  States,  for  the  extension 
of  the  agreement  of  the  thirty-first  of  October  one  thousand  eight 
hundred  and  eighty-four,  which  stipulated  the  renewal  of  the  one 
concluded  in  Washington  on  the  twenty-ninth  day  of  July,  one  thou- 
sand eight  hundred  and  eighty-two,  authorizing  the  reciprocal  cross- 
ing of  the  unpopulated  and  deserted  portions  of  the  international 
boundary  line  by  the  regular  Federal  troops  of  both  Governments  in 
pursuit  of  savage  hostile  Indians. 

In  the  City  of  Mexico,  in  the  Conference  Hall  of  the  Department  of 
Foreign  Relations,  Mr.  Henry  R.  Jackson,  Envoy  Extraordinary  and 
Minister  Plenipotentiary  of  the  United  States  of  America,  and  Mr. 
Ignacio  Mariscal,  Secretary  of  State  and  of  the  Department  of  For- 
eign Relations,  being  present,  the  latter  declared  that  the  Executive 
of  the  United  Mexican  States  having  been  authorized  by  the  Cham- 
ber of  Senators  of  the  Congress  of  the  Union,  under  date  of  the 
twenty-ninth  of  September  last,  to  extend  for  one  year  the  agree- 
ment of  the  twenty-ninth  of  July,  one  thousand  eight  hundred  and 
eighty-two,  which  was  extended  for  another  year  from  the  eighteenth 
of  August,  one  thousand  eight  hundred  and  eighty-three,  and  re- 
newed on  the  thirty-first  of  October,  one  thousand  eight  hundred  and 
eighty-four,  for  the  reciprocal  crossing  of  the  frontier  by  regular 
Federal  troops  of  both  Governments  in  pursuit  of  savage  Indians,  he 
was  ready  to  sign  the  conformable  stipulation,  and  both  contracting 
parties  being  satisfied  of  the  full  authorization  granted  to  both  to 
treat  upon  this  subject,  agreed,  in  the  name  of  their  respective  Gov- 
ernments, upon  the  following: 

SINGLE  ARTICLE. 

It  is  hereby  stipulated  that  the  agreement  concluded  in  the  City  of 
Mexico  on  the  thirty-first  day  of  October,  one  thousand  eight  hun- 
dred and  eighty-four,  between  the  United  Mexican  States,  repre- 
sented by  Mr.  Jose  Fernandez  in  his  character  of  Sub-Secretary  in 


See  protocols,  pp.  1170,  1174,  1177. 


MEXICO — -1885. 


1163 


charge  of  the  Department  of  Foreign  Relations,  and  the  United 
States  of  America,  represented  by  Mr.  Harry  H.  Morgan,  Charge 
d’Affaires  ad  interim,  of  the  said  States,  for  the  renewal  of  the  agree- 
ment of  the  twenty -ninth  of  July  one  thousand  eight  hundred  and 
eighty-two,  which  authorized  the  reciprocal  crossing  of  the  unpopu- 
lat^ed  and  deserted  portions  of  the  international  boundary-line  by  the 
regular  Federal  troops  of  the  respective  Governments,  in  pursuit  of 
savage  liostile  Indians,  is  now  extended  for  one  year  more,  to  be 
counted  from  the  first  of  November,  one  thousand  eight  hundred 
and  eighty-five  to  the  first  of  November,  one  thousand  eight  hundred 
and  eighty-six. 

In  testimony  of  which  we  have  signed  and  interchanged,  recipro- 
cally, this  Memorandum,  in  the  City  of  Mexico,  to  day  the  sixteenth 
of  October,  one  thousand  eight  hundred  and  eighty-five. 

fsEAL.]  HENRY  R.  JACKSON. 

[SEAL.]  IGNo.  MARISCAL. 


1885.“ 

Additional  Article  to  the  Convention  of  July  29,  1882,  Provid- 
ing FOR  AN  Extension  of  the  Time  Fixed  in  Article  VIII.  of 
SAID  Convention  for  Re-Surveying  and  Re-Locating  the  Exist- 
ing Frontier  Line  Between  the  Two  Countries  West  of  the 
Rio  Grande. 

Concluded  December  -5,  1885, ■ rati-fication  advised  by  the  Senate  with 
amendment  June  21,  1886 ; rati^ed  by  the  President  of  the  United 
States  June  23,  1887;  ratifications  exchanged  at  Washington  June 
27,  1887 ; 'proclaimed  June  28,  1887. 

additional  article  to  the  convention  concluded  at  WASHINGTON 

THE  TWENTY-NINTH  OF  JULY  ONE  THOUSAND  EIGHT  HUNDRED  AND 
EIGHTY-TWO  BETWEEN  THE  UNITED  STATES  OF  AMERICA  AND  THE 
UNITED  STATES  OF  MEXICO. 

The  United  States  of  America  and  the  United  States  of  Mexico 
being  desirous  to  comply  Avith  the  provisions  of  the  Convention, 
signed  at  Washington  on  the  twenty-ninth  of  July,  one  thousand 
eight  hundred  and  eighty-two,  to  survey  and  re-locate  the  existing 
boundary  line,  between  the  two  countries  Avest  of  the  Rio  Grande, 
Avhich  so  far  as  they  relate  to  Article  VIII.  of  said  Convention,  have 
not  been  carried  out  through  delays  in  the  appointment  of  the  Com- 
mission to  undertake  the  Avork  have  deemed  it  expedient  to  agree 
upon  an  extension  of  the  time  provided  for  in  said  article,  and  to 
this  end  they  have  appointed  their  respective  Plenipotentiaries,  to 
wit: 

The  President  of  the  United  States  of  America,  Thomas  F.  Bay- 
ard, Secretary  of  State  to  the  United  States  of  America,  and 
The  President  of  the  United  States  of  Mexico,  Matias  Romero, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the  United 
States  of  Mexico  in  Washington, 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers,  found  in  good  and  due  form,  have  agreed  upon  and  con- 
cluded the  following  article: 


“See  pp.  11G4,  1165,  1167,  1174.  1175,  1179,  1181,  1182,  1191,  1192. 


1164 


TREATIES,  CONVENTIONS,  ETC. 

Additional  Article. 

The  time  6xed  in  Article  VIII.  of  the  Convention  concluded  at 
Washington,  July  29,  1882,  between  the  United  States  of  America 
and  the  United  States  of  Mexico,  to  establish  an  international  bound- 
ary commission  for  the  purpose  of  re-surveying  and  re-locating  the 
existing  boundary  line  between  the  two  countries,  west  of  the  Rio 
Grande,  as  provided  for  in  said  Convention,  is  hereby  extended  for 
eighteen  months  from  the  expiration  of  the  term  fixed  in  Article 
VIII.  of  the  said  Treaty  of  July  29,  1882. 

This  additional  Article  shall  be  ratified  by  the  contracting  parties 
in  conformity  with  their  respective  constitutions  and  its  ratification 
sliall  be  exchanged  in  Washington,  as  soon  as  possible. 

In  faith  whereof,  we,  the  undersigned,  in  virtue  of  our  respective 
full  powers,  have  signed  the  present  additional  article  in  duplicate 
and  have  thereunto  affixed  our  respective  seals. 

Done  at  the  city  of  Washington,  the  5th  day  of  December,  in  the 
year  of  the  Lord,  one  thousand  eight  hundred  and  eighty-five. 

T.  F.  Bayard,  [seal.] 
M.  Romero.  [seal.] 


1886. 

Supplemental  Article  to  the  Commercial  Convention  Concluded 
January  20,  1883,  and  to  the  Additional  Article  thereto  of 
February  25,  1885. 

Concluded  at  W ashington  May  IJf,  1886;  rati-fication  advised  hy  the 
Senate  January  7,  1887 ; ratified  hy  the  President  of  the  United 
States  January  21^^  1887 ; ratifications  exchanged  January  29, 1887 ; 
'proclaimed  February  1st,  1887. 

supplementary  article  to  the  commercial  convention  concluded 

BETWEEN  THE  UNITED  STATES  OF  AMERICA  AND  THE  UNITED  STATES 
OF  MEXICO,  JANUARY  20,  1883,  AND  TO  THE  ADDITIONAL  ARTICLE  CON- 
CLUDED BETWEEN  THE  SAME  HIGH  PARTIES,  FEBRUARY  25,  1885. 

The  United  States  of  America  and  the  United  States  of  Mexico, 
deeming  it  expedient  to  further  extend  the  time  for  the  approval  of 
the  laws  necessary  to  carry  into  operation  the  Commercial  Conven- 
tion concluded  between  the  two  Governments,  signed  at  Washington, 
January  20,  1883,  which  time  as  fixed  in  Article  VIII.  of  said  con- 
vention was  by  the  Additional  Article  signed  February  25,  1885, 
extended  until  the  20th  of  May  of  the  present  year,  have  appointed 
as  their  Plenipotentiaries,  to  wit: 

The  President  of  the  United  States  of  America,  Thomas  Francis 
Bayard,  Secretary  of  State  of  the  United  States  of  America,  and  the 
President  of  the  United  States  of  Mexico,  Matias  Romero,  Envoy 
Extraordinary  and  Minister  Plenipotentiary  of  the  United  States  of 
Mexico  at  Washington;  VJio,  after  having  exhibited  to  each  other 
their  respective  full  powers,  found  in  good  and  due  form,  have 
agreed  upon  and  concluded  the  following  Article : 

Supplementary  Article. 

The  time  originally  fixed  in  Article  VIII.  of  the  Commercial  Con- 
vention between  the  United  States  of  America  and  the  United  States 


MEXICO — 1885-1889. 


1165 


of  Mexico,  signed  at  Washington,  January  20,  1883,  for  the  approval 
of  the  laws  necessary  to  carry  it  into  operation,  and  which  time  was, 
by  the  additional  article  between  the  United  States  of  America  and 
the  United  States  of  Mexico  signed  February  25,  1885,  extended  to 
May  20,  1886,  is  hereby  further  extended  to  the  20th  of  May,  1887. 

This  Supplementary  Article  shall  be  ratified  by  the  contracting 
parties  in  conformity  with  their  respective  Constitutions,  and  its 
ratifications  shall  be  exchanged  in  Washin^on  as  soon  as  possible, — 
it  being  understood  that  such  exchange  of  ratifications  at  any  date 
prior  to  the  20th  of  May  1887,  shall  be  effective  for  all  the  intents 
and  purposes  of  the  present  Article. 

In  faith  whereof,  we,  the  undersigned  Plenipotentiaries  have 
signed  the  present  Supplementary  Article,  in  duplicate,  in  the  Eng- 
lish and  Spanish  languages,  and  have  hereunto  affixed  our  respective 
seals. 

Done  at  the  City  of  Washington  the  14th  day  of  May,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  eighty-six. 

T.  F.  Bayard,  [seal.] 

M.  Komeeo.  [seal.] 


1889. 

Convention  to  Revive  the  Provisions  of  the  Convention  of 
Jin.Y  29,  1882,  to  Survey  and  Relocate  the  Boundary  Line 
West  of  the  Rio  Grande  and  to  Extend  the  Time  Fixed  in 
Article  VIII  of  the  said  Convention. 

Concluded  February  18,  1889;  ratification  advised  hy  the  Senate 
March  26,  1889;  ratifed  hy  the  President  Apnl  30,  1889;  ratifica- 
tions exchanged  October  12,  1889;  proclaimed  October  1%,  1889. 

Articles. 

I.  Revival  of  convention.  II.  Extension  of  time. 

Convention  between  the  United  States  of  America  and  the  United 
States  of  Mexico,  to  revive  the  provisions  of  the  Convention  of  J uly 
29,  1882,  to  survey  and  relocate  the  existing  boundary  line  between 
the  two  countries  west  of  the  Rio  Grande,  and  to  extend  the  time 
fixed  in  Article  VIII  of  the  said  Convention  for  the  completion  of 
the  work  in  question. 

Whereas  the  provisions  of  the  Convention  between  the  United 
States  of  America  and  the  United  States  of  Mexico,  signed  at  Wash- 
ington on  the  twenty-ninth  of  July,  one  thousand  eight  hundred 
and  eighty-two,  to  survey  and  relocate  the  existing  boundary  be- 
tween the  two  countries  west  of  the  Rio  Grande,  so  far  as  they  relate 
to  Article  VIII  of  said  Convention,  have  not  been  carried  out 
through  delays  in  the  appointment  of  the  Commission  to  undertake 
the  work; 

And  whereas,  by  the  Additional  Article  to  the  said  Convention, 
signed  at  Washington,  the  fifth  of  December,  one  thousand  eight 
hundred  and  eighty-five,  the  time  fixed  in  Article  VIII  of  the  said 
Convention  of  July  29,  1882,  was  extended  for  a period  of  eighteen 
months  from  the  expiration  of  the  term  stipulated  in  said  Article 
VIII; 


1166 


TREATIES,  CONVENTIONS,  ETC. 


And  whereas,  the  said  additional  period  of  time,  as  so  extended, 
has  expired  without  the  appointment  of  the  Commission  in  question, 
and  the  said  Convention  has  accordingly  ceased  to  be  in  force  pur- 
suant to  the  provisions  of  Article  VIII  thereof; 

And  whereas,  it  is  the  wish  and  understanding  of  the  United 
States  and  Mexico  that  the  provisions  of  the  said  Convention  of 
July  29,  1882,  shall  be  revived  and  continued  in  force  and  effect  until 
the  completion  of  the  work  for  which  it  was  originally  negotiated, 
they  have  appointed  for  this  purpose,  their  respective  Plenipo- 
tentiaries, to  wit : 

The  President  of  the  United  States  of  America,  Thomas  F.  Bay- 
ard, Secretary  of  State  of  the  United  States  of  America,  and 

The  President  of  the  United  States  of  Mexico,  Matias  Romero, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the  United 
States  of  Mexico  in  Washington, 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers,  found  in  good  and  due  form,  have  agreed  upon  and 
concluded  the  following  articles: 

Article  I. 

In  view  of  the  fact  that  the  original  Coni^ention  of  July  29,  1882, 
between  the  United  States  and  Mexico,,  providing  for  the  resurvey  of 
their  boundary  line,  has  lapsed  by  reason  of  the  failure  of  the  two 
governments  to  provide  for  its  further  extension  before  the  3d  day 
of  January,  1889,  as  contemplated  by  the  Additional  Article  to  that 
Convention,  of  December  5,  1885,  it  is  hereby  mutually  agreed  and 
expressly  understood  by  and  between  the  contracting  parties  hereto, 
that  the  said  Convention  of  July  29,  1882,  and  every  article  and 
clause  thereof,  are  hereby  revived  and  renewed  as  they  stood  jirior 
to  January  3,  1889. 

Article  II. 

The  time  fixed  in  Article  VIII  of  the  Convention  concluded  at 
Washington,  July  29,  1882,  between  the  United  States  of  America 
and  the  United  States  of  Mexico,  to  establish  an  international 
boundary  commission  for  the  purpose  of  resurveying  and  relocating 
the  existing  boundary  line  between  the  two  countries  west  of  the 
Rio  Grande,  as  provided  for  in  said  Convention,  and  which  was  ex- 
tended for  eighteen  months  from  the  expiration  of  the  term  fixed 
in  Article  VIII  of  the  said  Convention  of  July  29,  1882,  is  hereby 
further  extended  for  a period  of  five  years  from  the  date  of  the  ex- 
change of  ratifications  hereof. 

This  Convention  shall  be  ratified  by  the  contracting  parties  in  con- 
formity with  their  respective  constitutions  and  its  ratifications  shall 
be  exchanged  at  Washington  as  soon  as  possible. 

In  faith  whereof,  we,  the  undersigned,  in  virtue  of  our  respective 
full  powers,  have  signed  the  present  Convention,  in  duplicate,  and 
have  thereunto  affixed  our  respective  seals. 

Done  at  the  City  of  Washington,  the  18th  day  of  February,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  eighty-nine. 

T.  F.  Bayard,  [seal.] 
M.  Romero.  [seal.] 


MEXICO — 1889. 


1167 


1889.<» 

Boundary  Coni^ntion. 


Concluded  March  1,  1889;  ratification  advised  hy  the  Senate  May  7, 
1890;  ratified  hy  the  President  December  6,  1890;  ratifications  ex- 
changed December  2J{.,  1890;  proclaimed  December  26,  1890. 

Articles. 


1.  International  Boundary  Commis- 
sion authorized. 

II.  Composition. 

III.  Meetings  of  Commission. 

IV.  Duties. 

V.  Investigation  of  works  on  banks  of 
Colorado  and  Rio  Grande. 


VI.  Examinations. 
VII.  Jurisdiction. 
VIII.  Decisions. 

IX.  Ratification. 


The  United  States  of  America  and  the  United  States  of  Mexico, 
desiring  to  facilitate  the  carrying  out  of  the  principles  contained  in 
the  treaty  of  November  12,  1884,  and  to  avoid  the  difficulties  occa- 
sioned by  reason  of  the  changes  which  take  place  in  the  bed  of  the 
Rio  Grande  and  that  of  the  Colorado  river,  in  that  portion  thereof 
where  they  serve  as  a boundary  between  the  two  Republics,  have 
resolved  to  conclude  a treaty  for  the  attainment  of  these  objects,  and 
have  appointed  as  their  respective  Plenipotentiaries: 

The  President  of  the  United  States  of  America,  Thomas  F.  Bay- 
ard. Secretary  of  State  of  the  United  States  of  America ; and 
The  President  of  the  United  States  of  Mexico,  Matias  Romero, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the  United 
States  of  Mexico,  at  Washington; 

"MHio,  after  having  exhibited  their  respective  full  powers,  and  hav- 
ing found  the  same  to  be  in  good  and  due  form,  have  agreed  upon 
the  following  articles: 

Article  I. 


All  differences  or  questions  that  may  arise  on  that  portion  of  the 
frontier  between  the  United  States  of  America  and  the  United 
States  of  Mexico  where  the  Rio  Grande  and  the  Colorado  rivers 
form  the  boundary  line,  whether  such  differences  or  questions  grow 
out  of  alterations  or  changes  in  the  bed  of  the  aforesaid  Rio  Grande 
and  that  of  the  aforesaid  Colorado  River,  or  of  works  that  may  be 
constructed  in  said  rivers,  or  of  any  other  cause  affecting  the  bound- 
ary line,  shall  be  submitted  for  examination  and  decision  to  an 
International  Boundary  Commission,  which  shall  have  exclusive 
jurisdiction  in  the  case  of  said  differences  or  questions. 


Article  II. 

The  International  Boundary  Commission  shall  be  composed  of  a 
Commissioner  appointed  by  the  President  of  the  United  States  of 
America,  and  of  another  appointed  by  the  President  of  the  United 
States  of  Mexico,  in  accordance  with  the  constitutional  provisions  of 
each  country,  of  a Consulting  Engineer,  appointed  in  the  same  man- 
ner by  each  Government,  and  of  such  Secretaries  and  Interpreters 


» See  extensions,  pp.  1174,  1175,  1179,  1181,  1182,  1191,  1192, 


1168 


TREATIES,  CONVENTIONS,  ETC. 


as  either  Government  may  see  fit  to  add  to  its  Commission.  Each 
Government  separately  shall  fix  the  salaries  and  emoluments  of  the 
members  of  its  Commission. 


Article  III. 

The  International  Boundary  Commission  shall  not  transact  any 
business  unless  both  Commissioners  are  present.  It  shall  sit  on  the 
frontier  of  the  two  contracting  countries,  and  shall  establish  itself 
at  such  places  as  it  may  determine  upon;  it  shall,  however,  repair  to 
places  at  which  any  of  the  difficulties  or  questions  mentioned  in  this 
convention  may  arise,  as  soon  as  it  shall  have  been  duly  notified 
thereof. 

Article  IV. 

AVhen,  owing  to  natural  causes,  any  change  shall  take  place  in  the 
bed  of  the  Rio  Grande  or  in  that  of  the  Colorado  River,  in  that  por- 
tion thereof  wherein  those  rivers  form  the  boundary  line  between  the 
two  countries,  which  may  affect  the  boundary  line,  notice  of  that 
fact  shall  be  given  by  the  proper  local  authorities  on  both  sides  to 
their  respective  Commissioners  of  the  International  Boundary  Com- 
mission, on  receiving  which  notice  it  shall  be  the  duty  of  the  said 
Commission  to  repair  to  the  place  where  the  change  has  taken  place 
or  the  question  has  arisen,  to  make  a personal  examination  of  such 
change,  to  compare  it  with  the  bed  of  the  river  as  it  was  before  the 
change  took  place,  as  shown  by  the  surveys,  and  to  decide  whether 
it  has  occurred  through  avulsion  or  erosion,  for  the  effects  of  articles 
I and  II  of  the  convention  of  November  12,  1884;  having  done  this,  it 
shall  make  suitable  annotations  on  the  surveys  of  the  boundary  line. 

Article  V. 

Whenever  the  local  authorities  on  any  point  of  the  frontier  be- 
tween the  United  States  of  America  and  the  United  States  of  Mexico, 
in  that  portion  in  which  the  Rio  Grande  and  the  Colorado  River 
form  the  boundary  between  the  two  countries,  shall  think  that  works 
are  being  constructed,  in  either  of  those  rivers,  such  as  are  prohibited 
by  article  III  of  the  convention  of  November  12,  1884,  or  by  article 
VII  of  the  treaty  of  Guadalupe  Hidalgo  of  February  2,  1848,  they 
shall  so  notify  their  respective  Commissioners,  in  order  that  the 
latter  may  at  once  submit  the  matter  to  the  International  Boundary 
Commission,  and  that  said  Commission  may  proceed,  in  accordance 
with  the  provisions  of  the  foregoing  article,  to  examine  the  case,  and 
that  it  may  decide  whether  the  work  is  among  the  number  of  those 
which  are  permitted,  or  of  those  which  are  prohibited  by  the  stipu- 
lations of  those  treaties. 

The  Commission  may  provisionally  suspend  the  construction  of 
the  works  in  question  pending  the  investigation  of  the  matter,  and 
if  it  shall  fail  to  agree  on  this  point,  the  works  shall  be  suspended, 
at  the  instance  of  one  of  the  two  Governments. 

Article  VI. 

In  either  of  these  cases,  the  Commission  shall  make  a personal 
examination  of  the  matter  which  occasions  the  change,  the  question 


MEXICO — 1889. 


1169 


or  the  complaint,  and  shall  give  its  decision  in  regard  to  the  sjfme,  in 
doing  which  it  shall  comply  with  the  requirements  established  by  a 
body  of  regulations  to  be  prepared  by  the  said  Commission  and  ap- 
proved by  both  Governments. 

Article  VII. 

The  International  Boundary  Commission  shall  have  power  to  call 
for  papers  and  information,  and  it  shall  be  the  duty  of  the  authori- 
ties of  each  of  the  two  countries  to  send  it  any  papers  that  it  may 
call  for,  relating  to  any  boundary  question  in  which  it  may  have 
jurisdiction  in  pursuance  of  this  convention. 

The  said  Commission  shall  have  power  to  summon  any  witnesses 
whose  testimony  it  may  think  proper  to  take,  and  it  shall  be  the  duty 
of  all  persons  thus  summoned  to  apjiear  before  the  same  and  to  give 
their  testimony,  which  shall  be  taken  in  accordance  with  such  by-laws 
and  regulations  as  may  be  adopted  by  the  Commission  and  approved 
by  both  Governments.  In  case  of  the  refusal  of  a witness  to  appear, 
he  shall  be  compelled  to  do  so,  and  to  this  end  the  Commission  may 
make  use  of  the  same  means  that  are  used  by  the  courts  of  the  re- 
spective countries  to  compel  the  attendance  of  witnesses,  in  confor- 
mity with  their  respective  laws. 

Article  -VIII. 

If  both  Commissioners  shall  agree  to  a decision,  their  judgment 
shall  be  considered  binding  upon  both  Governments,  unless  one  of 
them  shall  disapprove  it  within  one  month  reckoned  from  the  day  on 
which  it  shall  have  been  pronounced.  In  the  latter  case,  both  Gov- 
ernments shall  take  cognizance  of  the  matter,  and  shall  decide  it 
amicably,  bearing  constantly  in  mind  the  stipulation  of  Article  XXI 
of  the  treaty  of  Guadalupe  Hidalgo  of  February  2,  1848. 

The  same  shall  be  the  case  when  the  Commissioners  shall  fail  to 
agree  concerning  the  point  which  occasions  the  question,  the  com- 
plaint or  the  change,  in  which  case  each  Commissioner  shall  prepare 
a report,  in  writing,  which  he  shall  lay  before  his  Government. 

Article  IX. 

This  convention  shall  be  ratified  by  both  parties,  in  accordance 
with  the  provisions  of  their  respective  constitutions,  and  the  ratifica- 
tions thereof  shall  be  exchanged  at  Washington  as  speedily  as  pos- 
sible— and  shall  be  in  force  from  the  date  of  the  exchange  of  ratifica- 
tions for  a period  of  five  years. 

In  testimony  whereof  the  undersigned  Plenipotentiaries  have 
signed  and  sealed  it. 

Done  in  duplicate,  in  the  city  of  Washington,  in  the  English  and 
Spanish  languages,  on  the  1st  day  of  March  one  thousand  eight  hun- 
dred and  eighty-nine. 


24449— VOL  1—10 74 


T.  F.  Bayard,  [seal.] 
M.  Romero.  [seal.] 


1170 


TEEATIES,  CONVENTIONS,  ETC. 

1890.“ 


Agreement  Between  James  G.  Blaine,  Secretary  oe  State  of  the 
United  States  of  America,  and  Matias  Romero,  Envoy  Extraor- 
dinary AND  Minister  Plenipotentiary  of  the  United  Mexican 
States,  Concerning  Right  to  Pursue  Indians  Across  Boundary 
Line. 

Signed  at  W ashington,  June  25, 1890. 

Agreement  entered  into  in  behalf  of  their  respective  Governments, 
by  James  G.  Blaine,  Secretary  of  State  of  the  United  States  of  Amer 
ica,  and  Matias  Romero,  Envoy  Extraordinary  and  Minister  Plenipo- 
tentiary of  the  United  Mexican  States,  providing  for  the  reciprocal 
crossing  of  the  international  boundary  line  by  the  troops  of  their 
respective  governments,  in  pursuit  of  savage  hostile  Indians,  under 
the  conditions  hereinafter  stated. 

Article  I. 

It  is  agreed  that  the  regular  federal  troops  of  the  two  Republics 
may  reciprocally  cross  the  boundary  line  of  the  two  countries,  when 
they  are  in  close  pursuit  of  a band  of  hostile  savage  Indians,  upon  the 
conditions  stated  in  the  following  articles: 

Article  II. 

It  is  understood  for  the  purpose  of  this  agreement,  that  no  Indian 
scouts  of  the  Government  of  the  United  States  of  America  shall  be 
allowed  to  cross  the  boundary  line,  unless  they  go  as  guides  and  trail- 
ers, unarmed,  and  not  exceeding  in  any  case,  two  scouts  for  each  Com- 
pany or  each  separate  command. 

Article  III. 

The  reciprocal  crossing  agreed  upon  in  Article  I,  shall  only  occur 
in  the  unpopulated  or  desert  parts  of  said  boundary  line.  For  the 
purpose  of  this  agreement  the  unpopulated  or  desert  parts  are  defined 
to  be  all  those  points  which  are  at  least  ten  kilometers  distant  from 
any  encampment  or  town  of  either  country. 

Article  IV. 

No  crossing  of  troops  of  either  country  shall  take  place  from  Capi- 
tan  Leal,  a town  on  the  Mexican  side  of  the  Rio  Bravo,  eighty-four 
kilometers  (52  English  miles)  above  Piedras  Negras,  to  the  mouth  of 
the  Rio  Grande. 


Article  V. 

The  Commander  of  the  troops  which  cross  the  frontier  in  pursuit 
of  Indians,  shall,  at  the  time  of  crossing,  or  before  if  possible,  give 
notice  of  his  march  to  the  nearest  military  commander,  or  civil  author- 
ity, of  the  country  whose  territory  he  enters. 


See  protocols,  pp.  1174,  1177, 


MEXICO — 1890-1892. 


1171 


Article  VI. 

The  pursuing  force  shall  retire  to  its  own  territory  as  soon  as  it 
shall  have  fought  the  band  of  which  it  is  in  pursuit,  or  have  lost  its 
trail.  In  no  case  shall  the  forces  of  the  two  countries,  respectively, 
establish  themselves  or  remain  in  the  foreign  territory,  for  any  time 
longer  than  is  necessary  to  make  the  pursuit  of  the  band  whose  trail 
they  follow. 

Article  VII. 

The  abuses  which  may  be  committed  by  the  forces  which  cross 
into  the  territory  of  the  other  nation,  shall  be  punished  by  the  govern- 
ment to  which  the  forces  belong,  according  to  the  gravity  of  the 
offence  and  in  conformity  with  its  laws,  as  if  the  abuses  had  been 
committed  in  its  own  territory,  the  said  government  being  further 
under  obligation  to  withdraw  the  guilty  parties  from  the  frontier. 

Article  VIII. 

In  the  case  of  offences  which  may  be  committed  by  the  inhabitants 
of  the  one  country  against  the  foreign  forces  which  may  be  within 
its  limits,  the  government  of  said  country  shall  only  be  responsible 
to  the  government  of  the  other  for  denial  of  justice  in  the  punishment 
of  the  guilty. 

Article  IX. 

This  being  a jirovisional  agreement  it  shall  remain  in  force  until 
both  governments  negotiate  a definite  one,  and  may  be  terminated 
by  either  government  upon  four  months  notice  to  the  other  to  that 
effect;  but  in  no  case  shall  this  agreement  remain  in  force  for  more 
than  one  year  from  this  date. 

Article  X. 

The  Senate  of  the  United  Mexican  States,  having  authorized  the 
President  to  conclude  the  present  agreement,  it  shall  have  its  effect 
from  this  date. 

In  testimony  whereof  we  have  interchangeably  signed  this  agree- 
ment this  25th  day  of  June,  1890. 

James  G.  Blaine  [seal.] 
M.  Romero.  [seal.] 


1893.“ 

Agreement  between  C.  A.  Dougherty,  Charge  D’Aeeaires  Ad  In- 
terim OF  THE  United  States  of  America,  and  Ignacio  Marshal, 
Secretary  of  Foreign  Affairs  of  the  United  Mexican  States, 
Concerning  Right  to  Pursue  Indians  Across  the  Boundary 
Line. 

Signed  at  Mexico  November  ^5, 1892. 

RENEWAL  OF  AGREEMENT. 

The  undersigned,  duly  authorized  thereto  by  their  respective  Gov- 
ernments. 


“ See  protocols,  pp.  1174,  1177. 


1172 


TREATIES,  CONVENTIONS,  ETC. 


In  view  of  the  wish  of  the  Government  of  the  United  States  of 
America,  manifested  by  its  Honorable  Secretary  of  State,  under  date 
of  the  17th  of  the  current  month,  through  its  Legation,  to  the  Secre- 
retary  of  Foreign  Affairs  of  Mexico,  for  a renewal  of  the  agreement 
signed  at  Washington  on  the  26th  of  June  1890,  to  allow  federal 
troops  of  each  of  the  two  countries  to  cross  over  to  the  territory  of 
the  other  in  pursuit  of  savage  hostile  Indians,  such  renewal  having 
become  necessary  by  reason  of  the  raids  which  according  to  advices 
from  the  War  Department  of  the  United  States,  are  being  committed 
by  some  Apaches  headed  by  the  indian  called  “ Kid  ” along  the  di- 
viding line  between  Arizona  and  New  Mexico,  it  being  feared  that 
they  se^c  to  evade  pursuit  made  by  troops  of  the  United  States,  by 
crossing  the  frontier  of  Mexico. 

And,  considering  that  the  understanding  between  the  two  inter- 
ested Governments  to  avoid  the  continuation  of  the  evils  consequent 
upon  the  uprising  of  the  said  indians  is  urgent. 

They  have  agreed,  in  name  and  representation  of  their  respective 
Governments,  to  renew  the  aforesaid  agreement  of  June  26,  1890, 
of  which  a printed  copy  in  English  and  Spanish  is  hereto  attached, 
to  the  end  that  its  effects  may  prevail  for  all  such  time  as  said  upris- 
ing may  last  on  the  part  of  the  Apache  indians  led  by  the  ring-leader 
“ Kid,”  and  the  necessity  may  exist  for  their  pursuit  by  an  armed 
force,  provided  that,  in  no  case,  may  the  duration  of  the  agreement 
thus  hereby  renewed,  be  extended  beyond  one  year  from  this  date. 

Done  in  two  copies,  signed  and  sealed  in  the -city  of  Mexico,  this 
twenty-fifth  day  of  November,  the  year  one  thousand  eight  hundred 
and  ninety-two. 

[seal.]  C.  a.  Dougherty 

[seal.]  Igno  Marsical 


“ [agreement,  signed  at  WASHINGTON,  JUNE  26,  1890. 

Agreement  entered  into  in  behalf  of  their  respective  Governments, 
by  James  G.  Blaine,  Secretary  of  State  of  the  United  States  of 
America,  and  Matias  Komero,  Envoy  Extraordinary  and  Minister 
Plenipotentiary  of  the  United  Mexican  States,  providing  for  the 
reciprocal  crossing  of  the  international  boundary  line  by  the  troops 
of  their  respective  governments,  in  pursuit  of  savage  hostile  Indians, 
under  the  conditions  hereinafter  stated. 

Article  I. 

It  is  agreed  that  the  regular  federal  troops  of  the  two  Kepublics 
may  reciprocally  cross  the  boundary  line  of  the  two  countries,  when 
they  are  in  close  pursuit  of  a band  of  hostile  savage  Indians,  upon 
the  conditions  stated  in  the  following  articles: 

Article  II. 

It  is  understood  for  the  purpose  of  this  agreement,  that  no  Indian 
scouts  of  the  Government  of  the  United  States  of  America  shall  be 
allowed  to  cross  the  boundary  line,  unless  they  go  as  guides  and 
trailers,  unarmed,  and  not  exceeding  in  any  case,  two  scouts  for  each 
Company  or  each  separate  command. 


Reprinted  in  State  Department  Print  of  Protocol  of  Nov,  25,  1S92, 


MEXICO — 1892. 


1173 


Article  III. 

The  reciprocal  crossing  agreed  upon  in  Article  I,  shall  only  occur 
in  the  unpopulated  or  desert  parts  of  said  boundary  line.  For  the 
purpose  of  this  agreement  the  unpopulated  or  desert  parts  are  defined 
to  be  all  those  points  which  are  at  least  ten  kilometers  distant  from 
any  encampment  or  town  of  either  country. 

Article  IV. 

No  crossing  of  troops  of  either  country  shall  take  place  from 
Capital!  Leal,  a town  on  the  Mexican  side  of  the  Rio  Bravo,  eighty- 
four  kilometers  (52  English  miles)  above  Piedras  Negras,  to  the 
mouth  of  the  Rio  Grande. 

Article  V. 

The  Commander  of  the  troops  which  cross  the  frontier  in  pursuit 
of  Indians,  shall,  at  the  time  of  crossing,  or  before  if  possible,  give 
notice  of  his  march  to  the  nearest  military  commander,  or  civil 
authority,  of  the  country  whose  territory  he  enters. 

Article  VI. 

The  pursuing  force  shall  retire  to  its  own  territory  as  soon  as  it 
shall  have  fought  the  band  of  which  it  is  in  pursuit,  or  have  lost  its 
trail.  In  no  case  shall  the  forces  of  the  two  countries,  respectively, 
establish  themselves  or  remain  in  the  foreign  territory,  for  any  time 
longer  than  is  necessary  to  make  the  pursuit  of  the  band  whose  trail 
they  follow. 

Article  VII. 

The  abuses  which  may  be  committed  by  the  forces  which  cross  into 
the  territory  of  the  other  nation,  shall  be  punished  by  the  govern- 
ment to  which  the  forces  belong,  according  to  the  gravity  of  the 
offence  and  in  conformity  with  its  laws,  as  if  the  abuses  had  been 
committed  in  its  own  territory,  the  said  government  being  further 
under  obligation  to  withdraw  the  guilty  parties  from  the  frontier. 

Article  VIII. 

In  the  case  of  offences  which  may  be  committed  by  the  inhabitants 
of  the  one  country  against  the  foreign  forces  which  may  be  within  its 
limits,  the  government  of  said  country  shall  only  be  responsible  to 
the  government  of  the  other  for  denial  of  justice  in  the  punishment 
of  the  guilty. 

Article  IX. 

This  being  a provisional  agreement  it  shall  remain  in  force  until 
both  governments  negotiate  a definite  one,  and  may  be  terminated  by 
either  government  upon  four  months  notice  to  the  other  to  that  effect ; 
but  in  no  case  shall  this  agreement  remain  in  force  for  more  than  one 
year  from  this  date. 


1174 


TKEATIES,  CONVENTIONS,  ETC. 
Akticl^:  X. 


The  Senate  of  the  United  Mexican  States,  having  authorized  the 
President  to  conclude  the  present  agreement,  it  shall  have  its  effect 
from  this  date. 

In  testimony  whereof  we  have  interchangeably  signed  this  agree- 
ment this  25th  day  of  June,  1890. 

James  G.  Blaine  [seal.]  1 
M.  Komero  [seal.]  J 


1894.“ 

Convention  to  Extend  Further  for  Two  Years  from  October  11, 
1894,  THE  Period  Fixed  by  Article  VIII  of  the  Conv'ention  of 
July  29,  1882,  Providing  for  an  International  Boundary  Sur- 
vey to  Relocate  the  Existing  Frontier  Line  West  of  the  Rio 
Grande. 

Concluded  at  Washington^  August  ^4?  ratification  advised  hy 

the  Senate^  August  ^7, 1891^;  ratified  hy  the  President  of  the  United 
States,  September  1,  1891^;  ratifications  exchanged  at  Washington, 
October  11, 1891^.;  proclaimed,  October  18, 1894. 

Whereas  the  United  States  of  America  and  the  United  States  of 
Mexico  desire  to  comply  fully  with  the  provisions  of  the  Convention 
concluded  and  signed  at  Washington,  July  29,  1882,  jiroviding  for  an 
international  boundary  survey  to  relocate  the  existing  frontier  line 
between  the  two  countries  west  of  the  Rio  Grande ; 

And  whereas  the  time  fixed  by  Article  VIII  of  that  ConiTiition 
for  the  termination  of  the  labors  of  the  International  Boundary  Com- 
mission, as  extended  by  Article  II  of  the  Convention  concluded  and 
signed  between  the  two  high  contracting  parties  February  18,  1889, 
will  expire  October  11,  1894; 

And  whereas  the  two  high  contracting  parties  deem  it  expedient 
to  agree  upon  a further  extension  of  the  time  stipulated  in  Article  II 
of  the  Convention  aforesaid,  to  the  end  that  the  International  Bound- 
ary Commission  may  be  enabled  to  finish  all  its  work  and  so  render  a 
report  accompanied  by  a final  map  of  the  topography  on  both  sides  of 
the  line,  they  have  appointed  for  this  purpose  their  respective  Pleni- 
potentiaries, to  wit : 

The  President  of  the  United  States  of  America,  Walter  Q. 
Gresham,  Secretary  of  State  of  the  United  States  of  America,  and 
The  President  of  the  United  States  of  Mexico,  Matias  Romero. 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the  United 
States  of  Mexico  in  Washington, 

Wlio,  after  having  communicated  to  each  other  their  respective  full 
powers,  found  in  good  and  due  form,  have  agreed  upon  and  concluded 
the  following  article : 

Article  I. 

The  period  fixed  by  Article  VIII  of  the  aforesaid  Convention  of 
July  29,  1882,  between  the  United  States  of  America  and  the  United 
States  of  Mexico,  which  was  extended  for  five  years  from  the  date  of 


See  pp.  1175,  1179,  1181,  1182,  1191,  1192. 


MEXICO — ^1894-1895. 


1175 


the  exchange  of  the  ratifications  of  the  Convention  of  February  18, 
1889,  between  the  same  high  contracting  parties  and  which  will  termi- 
nate October  11,  1894,  is  hereby  further  extended  for  a period  of  two 
years  from  that  date. 

This  Convention  shall  be  ratified  by  the  high  contracting  parties  in 
conformity  with  their  respective  constitutions  and  its  ratifications 
shall  be  exchanged  in  Washington,  as  soon  as  possible. 

In  faith  whereof,  we,  the  undersigned,  in  virtue  of  our  respective 
full  powers,  have  signed  this  convention,  in  duplicate,  in  the  English 
and  Spanish  languages  and  have  thereunto  affixed  our  respective 
seals. 

Done  at  the  City  of  Washington,  the  24th  day  of  August  in  the 
year  one  thousand  eight  hundred  and  ninety-four. 

Walter  Q.  Gresham  [seal] 
M.  Romero.  [seal] 


1895. 

Boundary  Convention. 

Concluded  October  1,  1895;  ratification  advised  by  Senate  December 

17^  1895;  ratified  by  the  President  December  20, 1895;  ratifications 

exchanged  December  21, 1895;  proclaimed  December  21,  1895. 

IVhereas  the  United  States  of  America  and  the  United  States  of 
^Mexico  desire  to  comply  fully  with  the  provisions  of  the  Convention, 
concluded  and  signed  at  Washington,  March  1,  1889,  to  facilitate  the 
carrying  out  of  the  principles  contained  in  the  Convention  of  Novem- 
ber 12,  1884,  between  the  two  High  Contracting  Parties,  and  to  avoid 
the  difficulties  occasioned  by  reason  of  the  changes  which  take  place 
in  the  beds  of  the  Rio  Grande  and  Colorado  river  in  that  portion 
whereof  where  they  serve  as  a boundary  line  between  the  two 
Republics ; 

And  whereas  the  time  fixed  by  Article  IX  of  the  Convention  of 
March  1,  1889,  will  expire  December  24,  1895 : 

And  whereas  the  two  High  Contracting  Parties  deem  it  expedient 
to  agree  upon  an  extension  of  the  time  stipulated  in  Article  IX  afore- 
said to  the  end  that  the  International  Boundary  Commission  may 
conclude  the  examination  and  decision  of  the  cases  submitted  to  it, 
they  have  appointed  for  this  purpose  their  respective  plenipo- 
tentiaries, to  wit : 

The  President  of  the  United  States  of  America,  Richard  Olney, 
Secretary  of  State  of  the  United  States  of  America ; and 

The  President  of  the  United  States  of  Mexico,  Matias  Romero, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the  United 
States  of  Mexico  at  Washington, 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers,  found  in  good  and  true  form,  have  agreed  upon  and  con- 
cluded the  following  article : 

Article. 

The  duration  of  the  convention  of  March  1,  1889,  between  the 
United  States  of  America  and  the  United  States  of  Mexico,  which, 


1176 


TREATIES,  CONVENTIONS,  ETC. 


in  virtue  of  the  provisions  of  Article  IX  thereof,  was  to  continue  in 
force  for  a period  of  five  years  from  the  date  of  the  exchange  of  its 
ratifications,  and  which  will  terminate  Dec.  24,  1895,  is  hereby  ex- 
tended for  the  period  of  one  year  from  that  date. 

This  convention  shall  be  ratified  by  the  High  Contracting  Parties 
in  conformity  with  their  respective  Constitutions,  and  its  ratifications 
shall  be  exchanged  at  Washington  as  soon  as  possible. 

In  faith  whereof,  we,  the  undersigned,  in  virtue  of  our  respective 
full  powers  have  signed  this  convention,  in  duplicate,  in  the  English 
and  Spanish  languages,  and  thereunto  affixed  our  respective  seals. 

Done  at  the  City  of  Washington  this  first  day  of  October,  in  the 
year  of  our  Lord,  one  thousand  eight  hundred  and  ninety  five. 

Kichaed  Olney.  [seal.] 
M.  Romero.  [seaiu] 


. 1896. 

Copyright. 

Wliereas  it  is  provided  by  section  13  of  the  act  of  Congress  of 
March  3,  1891,  entitled  “An  Act  to  amend  title  sixty,  chapter  three, 
of  the  Revised  Statutes  of  the  United  States,  relating  to  copyrights,” 
that  said  act  “ shall  only  apply  to  a citizen  or  subject  of  a foreign 
state  or  nation  when  such  foreign  state  or  nation  permits  to  citizens 
of  the  United  States  of  America  the  benefit  of  copyright  on  substan- 
tially the  same  basis  as  its  own  citizens ; or  when  such  forei^  state 
or  nation  is  a party  to  an  international  agreement  which  provides  for 
reciprocity  in  the  granting  of  copyright,  by  the  terms  of  which 
agreement  the  United  States  of  America  may,  at  its  pleasure,  become 
a party  to  such  agreement ; ” 

And  whereas  it  is  also  provided  by  said  section  that  “ the  existence 
of  either  of  the  conditions  aforesaid  shall  be  determined  by  the 
President  of  the  United  States  by  proclamation  made  from  time 
to  time  as  the  purposes  of  this  act  may  require ; ” 

And  whereas  satisfactory  official  assurances  have  been  given  that 
in  the  United  States  of  Mexico  the  law  permits  to  citizens  of  the 
United  States  of  America  the  benefit  of  copyright  on  substantially 
the  same  basis  as  to  the  citizens  of  that  Republic : 

Now,  therefore,  I,  Grover  Cleveland,  President  of  the  United 
States  of  America,  do  declare  and  proclaim  that  the  first  of  the  con- 
ditions specified  in  section  13  of  the  act  of  March  3,  1891,  now  exists 
and  is  fulfilled  in  respect  to  the  citizens  of  the  United  States  of 
Mexico. 

In  testimony  whereof,  I have  hereunto  set  my  hand  and  caused 
the  seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington,  this  twenty-seventh  day  of 
February,  one-  thousand  eight  hundred  and  ninety-six  and  of  the 
Independence  of  the  United  States  the  one  hundred  and  twentieth. 
[seal.]  Grover  Cleveland 

jBy  the  President: 

Richard  Olney 

Secretary  of  State, 


MEXICO — 1896. 


1177 


1896.“ 

Agreement  between  Richard  Olney,  Secretary  or  State  or  the 
United  States  or  America,  and  Matias  Romero,  Envoy  Extraor- 
dinary AND  Minister  Plenipotentiary  or  the  United  Mexican 
States,  Concerning  Right  to  Pursue  Indians  Across  the  Bound- 
ary Line. 


Signed  at  W ashington  June  1^^  1896. 

A^eement  entered  into  in  behalf  of  their  respective  Governments 
by  Richard  Olney,  Secretary  of  State  of  the  United  States  of  America, 
and  Matias  Romero,  Envoy  Extraordinary  and  Minister  Plenipoten- 
tiary of  the  United  Mexican  States,  providing  for  the  reciprocal 
crossing  of  the  international  boundary  line  by  the  troops  of  their 
respective  Governments,  in  pursuit  of  Kid’s  band  of  hostile  Indians, 
on  the  conditions  hereinafter  stated. 

Article  I. 

It  is  agreed  that  the  regular  federal  troops  of  the  two  Republics 
may  reciprocally  cross  the  boundary  line  of  the  two  countries  when 
they  are  in  close  pursuit  of  Kid’s  band  of  hostile  Indians  on  the 
conditions  stated  in  the  following  articles. 

Article  II. 

It  is  understood  for  the  purpose  of  this  agreement,  that  no  Indian 
scout  of  the  Government  of  the  United  States  of  America  shall  be 
allowed  to  cross  the  boundary  line,  unless  he  goes  as  a guide  and 
trailer,  unarmed  and  with  the  proviso  that,  in  no  case,  more  than 
two  scouts  shall  attend  each  company  or  detachment. 

Article  III. 

The  reciprocal  crossing  agreed  upon  in  Article  I shall  only  take 
place  in  the  uninhabited  or  desert  parts  of  said  boundary  line.-  For 
the  purposes  of  this  agreement  the  uninhabited  or  desert  parts  are 
defined  to  be  all  points  that  are  at  least  ten  kilometers  distant  from 
any  encampment  or  town  of  either  country. 

Article  IV. 

No  crossing  of  troops  of  either  country  shall  take  place  from 
Capitan  Leal,  a town  on  the  Mexican  side  of  the  Rio  Grande,  eighty- 
four  kilometers  (52  English  miles)  above  Piedras  Negras,  to  the 
mouth  of  the  Rio  Grande. 


Article  V. 

The  Commander  of  troops  crossing  the  frontier  in  pursuit  of 
Indians,  shall,  at  the  time  of  crossing,  or  before  if  possible,  give 
notice  of  his  march  to  the  nearest  military  commander,  or  civil  au- 
thority, of  the  country  whose  territory  he  is  about  to  enter. 


“ See  protocols,  pp.  1145,  1157,  1158, 1162, 1170,  1174. 


1178 


TREATIES,  CONVENTIONS,  ETC. 
Article  VI. 


The  pursuing  force  shall  retire  to  its  own  territory  as  soon  as  it 
shall  have  chastised  Kid’s  band  of  hostile  Indians,  or  have  lost  its 
trail;  but  if,  during  the  pursuit  of  that  band,  it  shall  meet  with 
other  hostile  Indians,  it  may  chastise  them  as  if  those  first  named 
were  concerned.  In  no  case  shall  the  forces  of  the  two  countries, 
respectively,  establish  themselves  or  remain  in  the  foreign  territory 
for  any  time  longer  than  is  necessary  to  enable  them  to  pursue  the 
band  whose  trail  they  are  following. 

The  temporary  loss  of  the  trail,  owing  to  rain  or  any  other  accident, 
shall  not  be  deemed  sufficient  cause  for  abandoning  the  pursuit  or  for 
withdrawing  the  pursuing  force,  when  there  is  a reasonable  prospect 
of  soon  finding  the  trail  again  by  means  of  a continued  movement. 

Article  VTI. 

Any  abuses  that  may  be  committed  by  the  forces  crossing  into  the 
territory  of  the  other  nation,  shall  be  punished  by  the  Government  to 
which  such  forces  belong,  according  to  the  gravity  of  the  offence  and 
in  conformity  with  its  laws,  as  if  the  abuses  had  been  committed  in 
its  own  territory,  the  said  Government  being  further  under  obliga- 
tion to  withdraw  the  guilty  parties  from  the  frontier. 

Article  VTII. 

In  the  case  of  offences  committed  by  the  inhabitants  of  one  country 
against  the  force  of  the  other  that  may  be  within  the  limits  of  the  for- 
mer, the  Government  of  said  country  shall  only  be  responsible  to  the 
Government  of  the  other  for  denial  of  justice  in  the  punishment  of 
the  guilty  parties. 


Article  IX. 

This  provisional  agreement  shall  remain  in  force  until  Kid’s  band 
of  hostile  Indians  shall  be  wholly  exterminated  or  rendered  obedient 
to  one  of  the  two  Governments. 

Article  X. 

The  Senate  of  the  United  Mexican  States  having  authorized  the 
President  to  conclude  this  agreement,  it  shall  take  effect  immediately. 

In  testimony  whereof  we  have  signed  this  agreement  this  4th  day 
of  June,  1896. 

Eichard  Olney 
M.  Romero. 


MEXICO — 1896. 


1179 


1896.“ 

Convention  Extending  the  Duration  of  the  Convention  of 
March  1,  1889,  Concerning  the  Water  Boundary  Between  the 
Two  Countries. 

Signed  at  W ashington  November  6, 1896;  Ratification  advised  hy  the 
Senate  December  10^  1896,  ratified  hy  the  President  of  the  United 
States  December  15,  1896;  ratifications  exchanged  at  W ashington 
December  23,  1896 ; proclaimed  December  23,  1896. 

Whereas  the  United  States  of  America  and  the  United  States  of 
Mexico  desire  to  give  full  effect  to  the  provisions  of  the  Convention 
concluded  and  signed  in  Washington  March  1,  1889,  to  facilitate  the 
execution  of  the  provisions  contained  in  the  Treaty  signed  by  the 
two  High  Contracting  Parties  on  the  12th  of  November,  1884,  and 
to  avoid  the  difficulties  arising  from  the  changes  which  are  taking 
place  in  the  beds  of  the  Bravo  del  Norte  and  Colorado  Rivers  in 
those  parts  which  serve  as  a boundary  between  the  two  Republics; 

And  whereas  the  period  fixed  by  Article  IX  of  the  Convention  of 
March  1,  1889,  extended  by  that  of  October  1,  1895,  expires  on  the 
24th  of  December,  1896; 

And  whereas  the  two  High  Contracting  Parties  deem  it  expedient 
to  extend  the  period  fixed  by  Article  IX  of  the  Convention  of  March 
1,  1889,  and  by  the  sole  Article  of  the  Convention  of  October  1, 1895, 
in  order  that  the  International  Boundary  Commission  may  be  able 
to  conclude  the  examination  and  decision  of  the  cases  which  have 
been  submitted  to  it,  they  have,  for  that  purpose,  appointed  their 
respective  plenipotentiaries,  to  wit : 

The  President  of  the  United  States  of  America,  Richard  Olney, 
Secreta^  of  State  of  the  United  States  of  America ; and 

The  President  of  the  United  States  of  Mexico,  Matias  Romero, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the  United 
States  of  Mexico  in  Washington; 

Who,  after  haUng  communicated  to  each  other  their  respective 
full  powers,  found  in  good  and  due  form,  have  agreed  upon  and  con- 
cluded the  following  Article: 

ARTICLE. 

The  duration  of  the  Convention  of  March  1,  1889,  signed  by  the 
United  States  of  America  and  the  United  States  of  Mexico,  which, 
according  to  the  provisions  of  Article  IX  thereof,  was  to  remain  in 
force  for  five  years,  counting  from  the  date  of  the  exchange  of  its 
ratifications,  which  period  was  extended  by  the  Convention  of  Oc- 
tober 1,  1895,  to  December  24,  1896,  is  extended  by  the  present  Con- 
vention for  the  period  of  one  year  counting  from  this  latter  date. 

This  Convention  shall  be  ratified  by  the  two  High  Contracting 
Parties  in  conformity  with  their  respective  Constitutions,  and  the 
ratifications  shall  be  exchanged  in  Washington  as  soon  as  possible. 

In  Testimony  Whereof,  we,  the  undersigned,  by  virtue  of  our 
respective  powers,  have  signed  this  Convention  in  duplicate,  in  the 
English  and  Spanish  languages,  and  have  affixed  our  respective  seals. 

Done  in  the  City  of  Washington  on  the  6th  day  of  November  of 
the  year  one  thousand  eight  hundred  and  ninety-six. 

Richard  Olney  [seal] 

M.  Romero  [seal] 


“ See  pp.  1181,  1182,  1191,  1192. 


1180  TKEATIES,  CONVENTIONS,  ETC. 


1897. 

Protocol  Concerning  Claims  of  Oberlander  and  Messenger. 


Signed  March  2,  1897. 


I.  Submission  to  arbitrator. 
II.  Correspondence,  proofs,  etc. 
III.  Arguments. 


Articles. 

IV.  Decision. 

V.  Compensation  to  arbitrator. 

VI.  Finality  of  award. 


Protocol  of  an  agreement  between  the  Secretary  of  State  of  the 
United  States  and  the  Envoy  Extraordinary  and  Mini.ster  Plenipo- 
tentiary of  the  United  States  of  Mexico  for  submission  to  an  arbi- 
trator of  the  claims  of  Charles  Oberlander  and  Barbara  M.  Messenger. 

The  United  States  of  America  and  the  United  States  of  Mexico, 
through  their  representatives,  Richard  Olney,  Secretary  of  State  of 
the  United  States  of  America,  and  Mafias  Romero,  Envoy  Extraordi- 
nary and  Minister  Plenipotentiary  of  the  United  States  of  Mexico, 
have  agreed  upon  and  signed  the  following  protocol : — 

Whereas  the  United  States  of  America,  on  behalf  of  Charles  Ober- 
lander and  Barbara  M.  Messenger,  citizens  of  the  United  States  of 
America,  have  claimed  indemnity  from  the  Government  of  Mexico 
for  injuries  alleged  to  have  been  done  to  the  said  Oberlander  and 
Messenger  by  Mexican  citizens,  and  whereas  the  United  States  of 
Mexico  deny  the  allegations  of  fact  upon  which  these  claims  are 
based  and  the  right  of  the  United  States  of  America  to  demand  in- 
demnity for  either  of  those  parties, — it  is  therefore  agreed  between 
the  two  Governments,  with  the  consent  of  the  said  Oberlander  and 
Messenger,  given  through  their  respective  attorneys  of  record. 

I. 


That  the  questions  of  law  and  of  fact  brought,  into  issue  between 
the  two  Governments  in  respect  of  these  claims  shall  be  referred  to 
the  decision  of  Sehor  Don  Vicente  G.  Quesada,  minister  of  the  Argen- 
tine Republic  at  Madrid,  who  is  hereby  fully  authorized  thereto  as 
arbitrator. 

II 

That  each  Government  shall  submit  to  the  arbitrator,  within  three 
months  from  the  day  on  which  both  Govermnents  shall  receive  offi- 
cial notice  from  Senor  Don  Vicente  G.  Quesada  that  he  accepts  the 
office  of  arbitrator  by  permission  of  his  Government,  copies  of  the 
correspondence,  documents  and  proofs  which  it  has  already  sub- 
mitted for  the  consideration  of  the  other  Government  in  respect  of 
the  two  claims;  and  that  the  arbitrator  in  making  his  award  shall 
take  into  consideration  only  such  issues  of  law  and  fact  as  arise  upon 
said  correspondence,  documents  and  proofs. 

.ni. 

That  each  Government  may  submit  with  the  papers  above  described 
an  argument  setting  forth  its  own  views  of  the  two  cases;  but  the 
arbitrator  shall  not  be  authorized  or  required  to  hear  oral  arguments 
or  to  call  for  new  evidence:  unless,  after  examining  the  documents 


MEXICO — 1897. 


1181 


submitted  to  him,  he  may  deem  it  necessary  to  call  for  evidence  or 
arguments  elucidating  a particular  point  not  made  clear  to  him. 

IV 

The  arbitrator  shall  render  his  decision  within  six  months  from  the 
date  of  the  submission  to  him  of  the  proofs,  documents,  etc.,  by  both 
parties.  He  shall  decide  on  the  proofs  and  arguments  submitted  to 
him  whether  the  said  Oberlander  or  the  said  Messenger  is  or  is  not  en- 
titled to  any  indemnification  on  the  part  of  the  Government  of  Mex- 
ico, and  in  case  he  shall  decide  this  point  affirmatively  with  respect  of 
both  or  either  of  the  two  claimants  he  will  fix  the  amount  of  the 
indemnity  to  which  each  or  either  is  entitled;  Provided^  that  the 
indemnity  shall  not  in  either  case  exceed  the  sum  demanded  by  each 
claimant  in  the  papers  submitted  by  each  to  the  United  States. 

V 

Reasonable  compensation  to  the  arbitrator,  and  the  other  common 
expenses  occasioned  by  the  arbitration  shall  be  paid  in  equal  moities 
by  the  two  Governments. 

VI 

Any  award  made  by  the  arbitrator  shall  be  final  and  conclusive, 
and  if  in  favor  of  the  claimants  or  of  either  of  them  and  of  the  con- 
tention of  the  United  States  of  America,  the  amount  so  awarded  be 
paid  by  the  Government  of  Mexico  as  soon  as  appropriated  by  the 
Mexican  Congress,  but  not  later  than  two  years  from  the  date  of  such 
award. 

Done  in  duplicate  at  Washington  this  2nd  day  of  March,  1897. 

Richard  Olney 
M.  Romero. 

On  the  19th  day  of  November  1897  the  Arbitrator  rendered  his 
award,  in  which  he  declared  that  the  Government  of  the  United 
States  of  Mexico  is  under  no  obligation  to  pay  indemnity  of  any 
kind  to  Mr.  Charles  Oberlander  or  to  Mrs.  Baroara  M.  Messenger. 

1897.“ 

Convention  Extending  for  a Period  or  One  Year  from  December 
24,  1897,  THE  Duration  of  the  Convention  Between  the  Two 
High  Contracting  Parties  of  March  1,  1889,  Concerning  the 
Water  Boundary  Between  the  Two  Countries. 

Signed  at  ashing  ton  October  29,  1897 ; ratifieation  advised  by  the 

Senate  December  16,  1897 ; rati-fied  by  the  President  of  the  United 
States  December  20,  1897 ^ ratifications  exchanged  at  Washington 
December  21,  1897 ; proclaimed  December  21,  1897. 

Whereas  the  United  States  of  America  and  the  United  States  of 
Mexico  desire  to  give  full  effect  to  the  provisions  of  the  Convention 
concluded  and  signed  in  Washington  March  1,  1889,  to  facilitate 
the  execution  of  the  provisions  contained  in  the  Treaty  signed 
by  the  two  High  Contracting  Parties  on  the  12‘?  of  November,  1884, 
and  to  avoid  the  difficulties  arising  from  the  changes  which  are  tak- 


See  pp.  1182,  1191,  1192. 


1182 


TREATIES,  CONVENTIONS,  ETC. 


ing  place  in  the  beds  of  the  Bravo  del  Norte  and  Colorado  Rivers  in 
those  parts  which  serve  as  a boundary  between  the  two  Republics ; 

And  whereas  the  period  fixed  by  Article  IX  of  the  Convention  of 
March  1,  1889,  extended  by  the  conventions  of  October  1,  1895,  and 
November  6,  1896,  exjiires  on  the  of  December,  1897 ; 

And  whereas  the  two  High  Contracting  Parties  deem  it  expedient 
to  extend  the  period  fixed  by  Article  IX  of  the  Convention  of  March 
1,  1889,  and  by  the  sole  Article  of  the  Convention  of  October  1,  1895, 
and  that  of  November  6,  1896,  in  order  that  the  International 
Boundary  Commission  may  be  able  to  conclude  the  examination  and 
decision  of  the  cases  which  have  been  submitted  to  it,  they  have,  for 
that  purpose,  appointed  their  respective  Plenipotentiaries,  to  wit: 

The  President  of  the  United  States  of  America,  John  Sherman, 
Secretary  of  State  of  the  United  States  of  America ; and 

The  President  of  the  United  States  of  Mexico,  Matias  Romero, 
Envoy  Extraordinary  and  Minister  Plenijiotentiary  of  the  United 
States  of  Mexico  in  Washington; 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers,  found  in  good  and  due  form,  have  agreed  upon  and  con- 
cluded the  following  Article : 

ARTICLE. 

The  duration  of  the  Convention  of  March  1,  1889,  signed  by  the 
United  States  of  America  and  the  United  States  of  Mexico,  which 
according  to  the  provisions  of  Article  IX  thereof,  was  to  remain  in 
force  for  five  years,  counting  from  the  date  of  tbe  exchange  of  its 
ratifications,  which  pei’iod  was  extended  by  the  Convention  of  Octo- 
ber 1,  1895,  to  December  24,  1896,  and  by  the  Convention  of  Novem- 
ber 6,  1896,  to  December  24,  1897,  is  extended  by  the  present  Con- 
vention for  the  period  of  one  year  counting  from  this  last  date. 

This  Convention  shall  be  ratified  by  the  two  High  Contracting 
Parties  in  conformity  with  their  respective  Constitutions,  and  the 
ratifications  shall  be  exchanged  in  Washington  as  soon  as  possible. 

In  testimony  whereof,  we,  the  undersigned,  by  virtue  of  our  re- 
spective powers,  have  signed  this  Convention  in  duplicate,  in  the 
English  and  Spanish  languages,  and  have  affixed  our  respective  seals. 

Done  in  the  City  of  Washington,  on  the  29'**  day  of  October,  of 
the  year  one  thousand  eight  hundred  and  ninety-seven. 

John  Sherman  [seal] 

M.  Romero.  [seal] 


1898.“ 

Convention  Extending  for  a Period  of  One  Year  fro^i  December 
24,  1898,  the  Duration  of  the  Convention  of  March  1,  1889, 

BETWEEN  the  TwO  HiGH  CONTRACTING  PARTIES  CONCERNING  THE 

Waiter  Boundary  between  the  Two  Countries. 

Signed  at  W ashington  December  1898;  ratification  advised  by  the 

Senate  December  8,  1898;  ratified  by  the  President  of  the  United 
States  December  12^  1898;  ratifications  exchanged  at  W ashington 
Februai^  2,  1899;  'proclaimed  February  3,  1899. 

Whereas  the  United  States  of  America  and  the  United  States  of 
Mexico  desire  to  give  full  effect  to  the  provisions  of  the  Convention 

“ See  pp.  1191,  1192. 


MEXICO — ^1898. 


1183 


concluded  and  signed  in  Washington  March  1,  1889,  to  facilitate  the 
execution  of  the  provisions  contained  in  the  Treaty  signed  by  the 
two  High  Contracting  Parties  on  the  12^^*  of  November,  1884,  and  to 
avoid  the  difficulties  arising  from  the  changes  which  are  taking  place 
in  the  beds  of  the  Bravo  del  Norte  and  Colorado  Rivers  in  those  parts 
which  serve  as  a boundary  between  the  two  Republics ; 

And  whereas  the  period  fixed  by  Article  IX  of  the  Convention  of 
March  1,  1889,  extended  by  the  Conventions  of  October  1,  1895,  and 
November  6,  1896  and  October  29,  1897,  expires  on  the  24th  of 
December,  1898; 

And  whereas  the  two  High  Contracting  Parties  deem  it  expedient 
to  extend  the  period  fixed  by  Article  IX  of  the  Convention  of  March 
1,  1889,  and  by  the  sole  Article  of  the  Convention  of  October  1,  1895, 
that  of  November  6,  1896  and  that  of  October  29,  1897,  in  order  that 
the  International  Boundary  Commission  may  be  able  to  conclude  the 
examination  and  decision  of  the  cases  which  have  been  submitted  to 
it,  they  have,  for  that  purpose,  appointed  their  respective  Plenipo- 
tentiaries, to  wit: 

The  President  of  the  United  States  of  America,  John  Hay,  Secre- 
tary of  State  of  the  United  States  of  America ; and 

The  President  of  the  United  States  of  Mexico,  Jose  F.  Godoy, 
charge  d’affaires  ad  interim  of  the  United  States  of  Mexico  at  Wash- 
ington ; 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers,  found  in  good  and  due  form,  have  agreed  upon  and  concluded 
the  following  Article : 

ARTICLE. 

The  duration  of  the  Convention  of  March  1,  1889,  signed  by  the 
United  States  of  America  and  the  United  States  of  Mexico,  which 
according  to  the  provisions  of  Article  IX  thereof,  was  to  remain  in 
force  for  five  years,  counting  from  the  date  of  the  exchange  of  its 
ratifications,  which  period  was  extended  by  the  Convention  of  Octo- 
ber 1,  1895,  to  December  24,  1896,  by  the  Convention  of  November  6, 
1896,  to  December  24,  1897,  and  by  the  Convention  of  October  29, 
1897  to  December  24,  1898,  is  extended  by  the  present  Convention  for 
the  period  of  one  year  counting  from  this  last  date. 

This  Convention  shall  be  ratified  by  the  two  High  Contracting 
Parties  in  conformity  with  their  respective  Constitutions,  and  the 
ratifications  shall  be  exchanged  in  Washington  as  soon  as  possible. 

In  testimony  whereof,  we,  the  undersigned,  by  virtue  of  our  re- 
spective powers,  have  signed  this  Convention  in  duplicate,  in  the 
English  and  Spanish  languages,  and  have  affixed  our  respective  seals. 

Done  in  the  City  of  Washington,  on  the  second  day  of  December 
one  thousand  eight  hundred  and  ninety-eight. 

John  Hay  [seal] 

Jose  F.  Godoy  [seal] 


1184 


TREATIES,  CONVENTIONS,  ETC. 


1899.“ 

Extradition  Treaty. 

Concluded  February  22^  1899;  ratvfication  advised  by  Senate  March 
2y  1899 ; ratified  by  President  March  8,  1899;  ratifications  ex- 
changed April  22, 1899;  proclaimed  April  24, 1899. 


Articles. 


I.  Delivery  of  accused. 

II.  Extraditable  offenses. 

III.  Nonextradition. 

IV.  Nondelivery  of  citizens. 

V.  Deferring  extradition. 

VI.  Persons  claimed  by  other  coun- 
tries. 

VII.  Political  offenses. 

VIII.  Procedure. 

IX.  Frontier  States. 

X.  Provisional  detention. 

XI.  Officers  of  surrendering  govern- 
ment. 


XII.  Prior  offenses. 

XIII.  Trial ; punishment ; third  coun- 

try. 

XIV.  Expenses. 

XV.  Property  found  on  fugitive. 

XVI.  Transit  over  territory  of  third 
country. 

XVII.  Crimes  bycitizensof  one  against 
other  contracting  power. 
XVIII.  Effect. 

XIX.  Duration;  ratification. 


The  United  States  of  America  and  the  United  States  of  Mexico 
having  judged  it  expedient,  with  a view  to  the  better  administration 
of  justice  and  the  prevention  of  crime  within  their  respective  terri- 
tories and  jurisdictions,  that  persons  charged  with  or  convicted  of 
the  crimes  and  offenses  herienafter  enumerated,  and  being  fugitives 
from  justice,  should,  under  certain  circumstances,  be  reciprocally 
delivered  up,  have  resolved  to  conclude  a new  convention  for  that 
purpose,  and  have  appointed  as  their  plenipotentiaries — • 

The  President  of  the  United  States  of  America,  Powell  Clayton, 
Ambassador  Extraordinary  and  Plenipotentiary,  of  said  United 
States,  at  Mexico,  and  the  President  of  the  United  States  of  Mexico, 
Don  Ignacio  Mariscal,  Secretary  of  Foreign  Relations,  who,  after 
having  communicated  to  each  other  their  respective  full  powers, 
found  in  good  and  due  form,  have  agreed  upon  and  concluded  the 
following  articles: 

Article  I. 


The  Government  of  the  United  States  of  America  and  the  Gov- 
ernment of  the  United  States  of  Mexico  mutually  agree  to  deliver 
up  persons  who,  having  been  charged  with  or  convicted  of  any  of  the 
crimes  and  offenses  specified  in  the  following  article,  committed 
within  the  jurisdiction  of  one  of  the  contracting  parties,  shall  seek 
an  asylum  or  be  found  within  the  territory  of  the  other. 

Article  II. 

Persons  shall  be  delivered  up,  according  to  the  provisions  of  this 
convention,  who  shall  have  been  charged  with,  or  convicted  of,  any 
of  the  following  crimes  or  offenses: 

1.  Murder,  comprehending  the  crimes  known  as  parricide,  assas- 
sination, poisoning  and  infanticide. 

2.  Rape. 


See  supplementary  extradition  convention,  p.  1193. 


MEXICO — 1899. 


1185 


3.  Bigamy. 

4.  Arson. 

6.  Crimes  committed  at  sea : 

(a)  Piracy,  as  commonly  known  and  defined  by  the  laws  of 
nations. 

(b)  Destruction  or  loss  of  a vessel,  caused  intentionally:  or  con- 
spiracy and  attempt  to  bring  about  such  destruction  or  loss,  when 
committed  by  any  person  or  persons  on  board  of  said  vessel  on  the 
high  seas. 

(c)  Mutiny  or  conspiracy  by  two  or  more  members  of  the  crew  or 
other  persons  on  board  of  a vessel  on  the  high  seas,  for  the  purpose  of 
rebelling  against  the  authority  of  the  captain  or  commander  of  such 
vessel,  or  by  fraud,  or  by  violence,  taking  possession  of  such  vessel. 

6.  Burglary,  defined  to  be  the  act  of  leaking  and  entering  into 
the  house  of  another  in  the  night  time,  with  intent  to  commit  a 
felony  therein. 

7.  The  act  of  breaking  into  and  entering  public  offices,  or  the  offices 
of  banks,  banking  houses,  savings  banks,  trust  companies,  or  insur- 
ance companies,  with  intent  to  commit  theft  therein,  and  also  the 
thefts  resulting  from  such  acts. 

8.  Eo'jbery,  defined  to  be  the  felonious  and  forcible  taking  from 
the  person  of  another  of  goods  or  money,  by  violence  or  by  putting 
the  person  in  fear. 

9.  Forgery  or  the  utterance  of  forged  papers. 

10.  The  forgery,  or  falsification  of  the  official  acts  of  the  Govern- 
ment or  public  authority,  including  courts  of  justice,  or  the  utterance 
or  fraudulent  use  of  any  of  the  same. 

11.  The  fabrication  of  counterfeit  money,  whether  coin  or  paper, 
counterfeit  titles  or  coupons  of  public  debt,  bank  notes,  or  other 
instruments  of  public  credit;  of  counterfeit  seals,  stamps,  dies,  and 
marks  of  State  or  public  administration,  and  the  utterance,  circula- 
tion, or  fraudulent  use  of  any  of  the  abovementioned  objects. 

12.  The  introduction  of  instruments  for  the  fabrication  of  counter- 
feit coin  or  bank  notes  or  other  paper  current  as  money. 

13.  Embezzlement  or  criminal  malversation  of  public  funds  com- 
mitted within  the  jurisdiction  of  either  party  by  public  officers  or 
depositories. 

14.  Embezzlement  of  funds  of  a bank  of  deposit  or  savings  bank, 
or  trust  company  chartered  under  Federal  or  State  laws. 

15.  Embezzlement  by  any  person  or  persons  hired  or  salaried,  to 
the  detriment  of  their  employers,  when  the  crime  is  subject  to  pun- 
ishment by  the  laws  of  the  place  where  it  was  committed. 

16.  Kidnapping  of  minors  or  adults,  defined  to  be  the  abduction  or 
detention  of  a person  or  persons  in  order  to  exact  money  from  them 
or  from  their  families,  or  for  any  other  unlawful  end. 

• 17.  Mayhem  and  any  other  willful  mutilation  causing  disability  or 
death. 

18.  The  malicious  and  unlawful  destruction  or  attempted  destruc- 
tion of  railways,  trains,  bridges,  vehicles,  vessels,  and  other  means  of 
travel  or  of  public  edifices  and  private  dwellings,  when  the  act  com- 
mitted shall  endanger  human  life. 

19.  Obtaining  by  threats  of  injury,  or  by  false  devices,  money, 
valuables  or  other  personal  property,  and  the  purchase  of  the  same 

24449— VOL  1—10 75 


1186 


TREATIES,  CONVENTIONS,  ETC. 


with  the  knowledge  that  they  have  been  so  obtained,  when  such' 
crimes  or  offenses  are  punishable  by  imprisonment  or  other  corporal 
punishment  by  the  laws  of  both  countries. 

20.  Larceny,  defined  to  be  the  theft  of  effects,  personal  property, 
horses,  cattle,  or  live  stock,  or  money,  of  the  value  of  twenty-five 
dollars  or  more,  or  receiving  stolen  property,  of  that  value,  knowing 
it  to  be  stolen. 

21.  Extradition  shall  also  be  granted  for  the  attempt  to  commit 
any  of  the  crimes  and  offenses  above  enumerated,  when  such  attempt 
is  punishable  as  a felony  by  the  laws  of  both  contracting  parties. 

Article  III 

Extradition  shall  not  take  place  in  any  of  the  following  cases: 

1.  When  the  evidence  of  criminality  presented  by  the  demanding 
party  would  not  justify,  according  to  the  laws  of  the  place  where  the 
fugitive  or  person  so  charged  shall  be  found,  his  or  her  apprehension 
and  commitment  for  trial,  if  the  crime  or  offense  had  been  there 
committed. 

2.  When  the  crime  or  offense  charged  shall  be  of  a purely  political 
character. 

3.  When  the  legal  proceedings  or  the  enforcement  of  the  penalty 
for  the  act  committed  by  the  person  demanded  has  become  barred  by 
limitation  according  to  the  laws  of  the  country  to  which  the  requisi- 
tion is  addressed. 

4.  When  the  extradition  is  demanded  on  account  of  a crime  or 
offense  for  which  the  person  demanded  is  undergoing  or  has  under- 
gone punishment  in  the  country  from  which  the  extradition  is  de- 
manded, or  in  case  he  or  she  shall  have  been  prosecuted  therein  on 
the  same  charge  and  acquitted  thereof;  provided  that,  with  the 
exception  of  the  offenses  included  in  clause  13  Article  2,  of  this  con- 
vention, each  contracting  party  agrees  not  to’assume  jurisdiction  in 
the  punishment  of  crimes  committed  exclusively  within  the  territory 
of  the  other. 

Article  IV. 

Neither  of  the  contracting  parties  shall  be  bound  to  deliver  up  its 
own  citizens  under  the  stipulations  of  this  convention,  but  the  execu- 
tive authority  of  each  shall  have  the  power  to  deliver  them  up,  if,  in 
its  discretion,  it  be  deemed  proper  to  do  so. 

Article  V 

If  the  person  whose  surrender  may  be  claimed  pursuant  to  the 
stipulations  of  the  present  convention  shall  have  been  accused  or 
arrested  for  the  commission  of  any  offense  in  the  country  where  he  of 
she  has  sought  asylum,  or  shall  have  been  convicted  thereof,  his  or 
her  extradition  may  be  deferred  until  he  or  she  is  entitled  to  be 
liberated  on  account  of  the  offense  charged,  for  any  of  the  following 
reasons:  Acquittal;  expiration  of  term  of  imprisonment;  expiration 
of  the  period  to  which  the  sentence  may  have  been  commuted,  or 
pardon. 


MEXICO — 1899. 


1187 


Article  VI 

If  a fugitive  criminal  claimed  by  one  of  the  parties  hereto  shall 
be  also  claimed  by  one  or  more  powers,  pursuant  to  treaty  provisions 
on  account  of  crimes  or  offenses  committed  within  their  jurisdiction, 
such  criminals  shall  be  delivered  up  in  preference  in  accordance  with 
that  demand  which  is  the  earliest  in  date. 

Article  VII 

A person  who  has  been  surrendered  on  account  of  one  of  the 
crimes  or  offenses  mentioned  in  article  2 shall  in  no  case  be  prose- 
cuted and  punished  in  the  country  in  which  his  or  her  extradition 
has  been  granted,  on  account  of  a political  crime  or  offense  committed 
by  him  or  her  previous  to  his  or  her  extradition,  or  on  account  of  an 
act  connected  with  such  a political  crime  or  offense,  unless  he  or  she 
has  been  at  liberty  to  leave  the  country  for  one  month  after  having 
been  tried,  and,  in  case  of  condemnation,  for  one  month  after  having 
suffered  his  or  her  punishment,  or  having  been  pardoned. 

An  attempt  against  the  life  of  the  head  of  the  Government  shall 
not  be  considered  a political  offense. 

Article  VTII 

Requisitions  for  the  surrender  of  fugitives  from  justice,  under  the 
present  convention,  shall  be  made  by  the  respective  diplomatic  agents 
of  the  contracting  parties,  or,  in  the  event  of  the  absence  of  these 
from  the  country  or  from  its  seat  of  government,  they  may  be  made 
by  superior  consular  officers. 

If  a person  whose  extradition  is  asked  for  shall  have  been  convicted 
of  a crime  or  offense,  a copy  of  the  sentence  of  the  court  in  which  he 
was  convicted,  authenticated  under  its  seal,  with  attestation  of  the 
official  character  of  the  Judge  by  the  proper  executive  authority,  and 
of  the  latter  by  the  minister  or  consul  of  the  respective  contracting 
party,  shall  accompany  the  requisition. 

When,  however,  the  fugitive  shall  have  been  merely  charged  with 
a crime  or  offense,  a similarly  authenticated  and  attested  copy  of  the 
warrant  for  his  arrest  in  the  country  where  the  crime  or  offense  is 
charged  to  have  been  committed,  and  of  the  depositions  upon  which 
such  warrant  may  have  been  issued,  must  accompany  the  requisition 
as  aforesaid. 

Whenever,  in  the  schedule  of  crimes  and  offenses  of  article  2nd,  it 
is  provided  that  surrender  shall  depend  on  the  fact  of  the  crime  or 
offense  charged  being  punishable  by  imprisonment  or  other  corporal 
punishment  according  to  the  laws  of  both  contracting  parties,  the 
party  making  the  demand  for  extradition  shall  furnish,  in  addition  to 
the  documents  above  stipulated,  an  authenticated  copy  of  the  law  of 
the  demanding  country  defining  the  crime  or  offense,  and  prescribing 
a penalty  therefor. 

The  formalities  being  fulfilled,  the  proper  executive  authority  of 
the  United  States  of  America,  or  of  the  United  Mexican  States,  as  the 
case  may  be,  shall  then  cause  the  apprehension  of  the  fugitive,  in 
order  that  he  or  she  may  be  brought  before  the  proper  judicial 
authority  for  examination.  If  it  should  then  be  decided  that,  accord- 


1188 


TKEATIES,  CONVENTIONS,  ETC. 


ing  to  the  law  and  the  evidence,  the  extradition  is  due  pursuant  to 
the  teims  of  this  convention,  the  fugitive  may  be  given  up  according 
to  the  forms  of  law  prescribed  in  such  cases. 

Article  IX. 

In  the  case  of  crimes  or  offenses  committed  or  charged  to  have  been 
committed  in  the  frontier  states  or  territories  of  the  two  contracting 
parties,  requisitions  may  be  made  either,  through  their  respective 
dijilomatic  or  consular  agents  as  aforesaid,  or  through  the  chief  civil 
authority  of  the  respective  state  or  territory,  or  through  such  chief 
civil  or  judicial  authority  of  the  districts  or  counties  bordering  on 
the  frontier  as  may  for  this  purpose  be  duly  authorized  by  the  said 
chief  civil  authority  of  the  said  frontier  states  or  territories,  or  when, 
from  any  cause,  the  civil  authority  of  such  state  or  territory  shall  be 
suspended,  through  the  chief  military  officer  in  command  of  such 
state  or  territory,  and  such  respective  competent  authority  shall 
thereupon  cause  the  apprehension  of  the  fugitive,  in  order  that  he 
may  be  brought  before  the  proper  judicial  autliority  for  examination; 
and  the  record  of  such  examination,  with  the  evidence,  duly  attested, 
shall  be  fonvarded  to  the  proper  executive  authority  of  the  United 
States  of  America  or  of  the  United  Mexican  States,  as  the  case  may 
be;  when  it  is  found  by  such  respective  executive  authority  that, 
according  to  the  law  and  the  evidence,  the  extradition  is  due  jiursuant 
to  the  terms  of  this  convention,  the  fugitive  may  be  given  up  accord- 
ing to  the  forms  of  law  prescribed  in  such  cases. 

Article  X. 

On  being  informed  by  telegraph  or  otherwise,  through  the  diplo- 
matic channel,  that  a warrant  has  been  issued  by  competent  author- 
ity for  the  arrest  of  a fugitive  criminal  charged  with  any  of  the  crimes 
enumerated  in  the  foregoing  articles  of  this  treaty,  and  on  being 
assured  from  the  same  source  that  a requisition  for  the  surrender  of 
such  criminal  is  about  to  be  made  accompanied  by  such  warrant  and 
duly  authenticated  depositions  or  copies  thereof  in  support  of  the 
charge,  each  government  shall  endeavor  to  procure  the  provisional 
arrest  of  such  criminal  and  to  keep  him  in  safe  custody  for  such  time 
as  may  be  practicable,  not  exceeding  forty  da3's,  to  await  the  pi’oduc- 
tion  of  the  documents  upon  which  the  claim  for  extradition  is  founded. 

Article  XI. 

In  every  case  of  a demand  made  by  either  of  the  two  contracting 
parties  for  the  arrest,  detention,  or  extradition  of  fugitive  criminals, 
in  pursuance  of  the  provisions  of  this  convention,  the  legal  officers  or 
fiscal  ministry  of  the  country  where  the  proceedings  of  extradition 
are  had  shall  assist  the  officers  of  the  government  demanding  the 
extradition,  before  the  respective  judges  and  magistrates,  by  every 
legal  means  within  their  or  its  power;  and  no  claim  whatever  for  com- 
pensation for  any  of  the  services  so  rendered  shall  be  made  against 
the  government  demanding  the  extradition ; provided,  however,  that 
any  officer  or  officers  of  the  surrendering  government  so  giving  assist- 
ance, who  shall  in  the  usual  course  of  their  duties  be  compensated  by 


MEXICO — 1899. 


1189 


specific  fees  for  services  loerformed  in  lieu  of  salary  therefor,  shall  be 
entitled  to  receive  from  the  government  demanding  the  extradition 
the  customary  fees  for  the  acts  or  services  performed  by  them,  in  the 
same  manner  and  to  the  same  amount  as  though  such  acts  or  services 
had  been  jierformed  in  ordinary  criminal  proceedings  under  the  laws 
of  the  country  of  which  they  are  officers. 

Article  XII. 

A person  surrendered  under  this  convention  shall  not  be  tried  or 
punished  in  the  country  to  which  his  or  her  extradition  has  been 
granted,  nor  given  up  to  a third  power,  for  a crime  or  offense  not  pro- 
vided for  by  this  convention  and  committed  previous  to  his  or  her 
extradition,  unless  the  consent  of  the  surrendering  government  be 
given  for  such  trial  or  such  surrender  to  a third  power. 

But  such  consent  shall  not  be  necessary : 

(a)  When  the  accused  shall  have  voluntarily  requested  to  be  so 
tried  or  surrendered  to  a third  power. 

(b)  When  he  or  she  shall  have  been  free  to  leave  the  country  dur- 
ing thirty  days  after  discharge  from  custody  because  of  the  charge  on 
which  he  or  she  was  surrendered,  or  if  convicted  thereof  during  thirty 
days  after  having  satisfied  his  or  her  penalty  or  having  been  pardoned. 

Article  XIII. 

A person  surrendered  under  this  convention  may  be  tried  and  pun- 
ished in  the  country  to  which  his  extradition  has  been  granted,  or  may 
be  given  up  to  a third  power,  for  any  crime- or  offense  provided  for  by 
article  2-  of  this  convention,  and  committed  previous  to  his  extradi- 
tion, besides  that  which  gave  rise  to  the  extradition.  Notice  of  the 
purpose  to  so  try  or  surrender  him,  with  specification  of  the  crime  or 
offense  charged,  shall  be  given  to  the  government  which  surrendered 
him,  which  may,  if  it  thinks  proper,  require  the  production  of  docu- 
mentary evidence  of  the  charge  conformably  to  the  prescription  of 
article  VlII  hereof. 


Article  XIV. 

The  expense  of  the  arrest,  detention,  and  transportation  of  the 
person  claimed  shall  be  paid  by  the  government  in  whose  name  the 
requisition  has  been  made. 


Article  XV. 

All  articles  found  in  the  possession  of  the  accused  party  and  ob- 
tained through  the  commission  of  the  act  with  which  he  is  charged, 
or  that  may  be  used  as  evidence  of  the  crime  or  offense  for  which  his 
extradition  is  demanded,  shall  be  seized  if  the  competent  authority 
shall  so  order,  and  shall  be  surrendered  with  his  person. 

The  rights  of  third  parties  to  the  articles  so  found  shall  neverthe- 
less be  respected. 

Article  XVI. 

A person  surrendered  to  or  delivered  up  by  either  of  the  contract- 
ing parties  by  virtue  of  a convention  of  extradition  with  a third 


1190 


TKEATIES,  CONVENTIONS,  ETC. 


party  and  not  being  a citizen  of  the  country  of  transit,  may  be  con- 
veyed in  transit  across  the  territory  of  the  other,  if  tiie  convenient 
course  of  travel  from  or  to  the  country  to  which  he  has  been  sur- 
rendered shall  lie  in  whole  or  part  within  such  territory. 

The  contracting  party  delivering  up  or  receiving  such  surrendered 
person  shall  make  application  for  such  purpose  to  the  government  of 
the  country  through  which  transit  is  desired,  producing  in  support  of 
such  application  a duly  attested  copy  of  tlie  warrant  of  surrender 
issued  by  the  government  granting  the  extradition;  and,  thereupon, 
the  proper  executive  authority  of  the  country  whose  territory  is  to  be 
so  traversed  may  issue  a warrant  permitting  the  transit  of  the  sur- 
rendered person  transported.  Such  transit  must  be  wholly  accom- 
plished within  thirty  days,  counting  from  the  date  of  the  entrance  of 
such  transported  person  within  the  territory  of  the  country  of  transit, 
after  which  time  said  person  may  be  set  at  liberty  if  there  found. 

This  article,  shall  not,  however,  take  effect  until  the  Congress  of  the 
respective  countries  shall  by  law  authorize  such  transit,  and  the  issue 
of  a warrant  therefor. 

Article  XVTI. 

Each  of  the  contracting  parties  shall  exercise  due  diligence  in  pro- 
curing the  extradition  and  prosecution  of  its  citizens  who  may  be 
charged  with  the  commission  of  any  one  of  the  crimes  or  offenses 
mentioned  in  article  II,  exclusively  committed  in  its  territory  against 
the  government  or  any  of  the  citizens  of  the  other  contracting  party, 
when  the  person  accused  may  have  taken  refuge  or  be  found  within 
the  territory  of  the  latter,  provided  the  said  crime  or  offense  is  one 
that  is  punishable,  as  such,  in  the  territory  of  the  demanding  country. 

Article  XVIII. 

The  present  convention  shall  take  effect  from  the  date  of  the  ex- 
change of  ratifications,  but  its  provisions  shall  be  applied  to  all  cases 
of  crimes  or  offenses  enumerated  in  article  II  which  may  have  been 
committed  since  the  24th  day  of  January,  1899. 

Article  XIX. 

The  convention  shall  continue  in  effect  until  six  months  after  a 
desire  for  its  termination  shall  have  been  expressed  in  due  form  by 
one  of  the  two  governments  to  the  other. 

It  shall  be  ratified  by  both  contracting  parties,  and  its  ratifications 
shall  be  exchanged  at  the  City  of  Mexico  as  soon  as  possible. 

In  witness  whereof,  the  respective  plenipotentiaries  have  signed 
the  present  convention  both  in  the  English  and  Spanish  languages 
and  thereunto  affixed  their  seals. 

Done  in  duplicate  at  the  City  of  Mexico  this  22nd  day  of  February, 
1899. 

Powell  Clayton  [seal] 
Igno  Mariscal  [seal]® 


MEXICO — 1899. 


1191 


1899.“ 

BOUNDARY. 

CoNiTiNTiON  Extending  for  a Period  of  One  Year  from  December 
24,  1899,  THE  Provisions  of  the  Convention  of  March  1,  1889, 
TO  Facilitate  the  Execution  of  the  Treaty  of  November  12, 
1884,  AND  TO  Avoid  Dhficulties  Arising  from  Changes  in  the 
Beds  of  the  del  Nor'ie  and  Colorado  Em:RS. 

Signed  at  'Washington  Becemher  £2, 1899;  rati-fication  advised  'by  the 
Senate  February  8,  1900;  ratified  by  the  President  February  lit., 
1900;  ratifications  exchanged  May  5, 1900;  proclaimed  May  7,1900. 

Whereas  the  United  States  of  America  and  the  United  States  of 
Mexico  desire  to  give  full  etfect  to  the  provisions  of  the  Convention 
concluded  and  signed  in  Washington  March  1,  1889,  to  facilitate  the 
execution  of  the  provisions  contained  in  the  Treaty  signed  by  the  two 
High  Contracting  Parties  on  the  12th  of  November,  1884,  and  to 
avoid  the  difficulties  arising  from  the  changes  which  are  taking  place 
in  the  beds  of  the  Bravo  del  Norte  and  Colorado  Rivers  in  those  parts 
which  serve  as  a boundary  between  the  two  Republics ; 

And  whereas  the  period  fixed  by  Article  IX  of  the  Convention  of 
March  1,  1889,  extended  by  the  Conventions  of  October  1,  1895, 
November  6,  1896,  October  29, 1897,  and  December  2, 1898,  expires  on 
the  24th  of  December,  1899. 

And  whereas  the  two  High  Contracting  Parties  deem  it  expedient 
to  extend  the  period  fixed  by  Article  IX  of  the  Convention  of  March 
1,  1889,  and  by  the  sole  Article  of  the  Convention  of  October  1,  1895, 
that  of  November  6,  1896,  that  of  October  29,  1897  and  that  of  De- 
cember 2,  1898,  in  order  that  the  International  Boundary  Commis- 
sion may  be  able  to  conclude  the  examination  and  decision  of  the 
cases  which  have  been  submitted  to  it,  they  have,  for  that  purpose, 
appointed  their  respective  Plenipoteniaries,  to  wit : 

The  President  of  the  United  States  of  America,  John  Hay,  Secre- 
tary of  State  for  the  United  States  of  America ; and 

The  President  of  the  United  States  of  Mexico,  Manuel  de  Azpiroz, 
Ambassador  Extraordinary  and  Plenipotentiary  of  the  United  States 
of  Mexico  at  Washington; 

MTio,  after  having  communicated  to  each  other  their  respective  full 
powers,  found  in  good  and  due  form,  have  agreed  upon  and  con- 
cluded the  following  Article: 

Article. 

The  duration  of  the  Convention  of  March  1,  1889,  signed  by  the 
United  States  of  America  and  the  United  States  of  Mexico,  which 
according  to  the  provisions  of  Article  IX  thereof,  was  to  remain 
in  force  for  five  years,  counting  from  the  date  of  the  exchange  of  its 
ratifications,  which  period  was  extended  by  the  Convention  of  Octo- 
ber 1,  1895,  to  December  24,  1896,  by  the  Convention  of  November  6, 
1896,  to  December  24,  1897,  by  the  Convention  of  October  29,  1897 
to  December  24,  1898,  and  by  the  Convention  of  December  2,  1898, 
to  December  24,  1899,  is  extended  by  the  present  Convention  for  the 
period  of  one  year  counting  from  this  last  date. 


“ See  p.  1192. 


1192 


TEEATIES,  CONVENTIONS,  ETC. 


This  Convention  shall  be  ratified  by  the  two  High  Contracting 
Parties  in  conformity  with  their  respective  Constitutions,  and  the 
ratifications  shall  be  exchanged  in  Washington  as  soon  as  possible. 

In  testimony  whereof,  we,  the  undersigned,  by  virtue  of  our  re- 
spective powers,  have  signed  this  Convention  in  duplicate,  in  the 
English  and  Spanish  languages,  and  have  affixed  our  respective  seals. 

Done  in  the  City  of  Washington,  on  the  twenty-second  day  of 
December  one  thousand  eight  hundred  and  ninety-nine 

J OHN  Hay  [seal] 
M.  DE  Azpikoz  [seal] 


1900. 

Water  Boundary  CoN%mNTioN. 

C oncluded  November  21, 1900 ; rati-fication  advised  hy  Senate  Decem- 
her  15, 1900 ; ratified  Toy  President  December  21^.,  1900 ; ratiftcatiovis 
exchanged  December  21^.,  1900  ‘ froclahned  December  21^,  1900. 

Whereas  the  United  States  of  America  and  the  United  States  of 
Mexico  desire  to  give  full  etfect  to  the  provisions  of  the  Convention 
concluded  and  signed  in  Washington  March  1,  1889,  to  facilitate  the 
execution  of  the  provisions  contained  in  the  Treaty  signed  by  the  two 
High  Contracting  Parties  on  the  12th  of  November  1881,  and  to 
avoid  the  difficulties  arising  from  the  changes  which  are  taking  place 
in  the  beds  of  the  Bravo  del  Norte  and  Colorado  Eivers  in  those  parts 
which  serve  as  a boundary  between  the  two  Republics ; 

And  whereas  the  period  fixed  by  Article  IX  of  the  Convention  of 
March  1,  1889,  extended  by  the  Conventions  of  October  1,  1895, 
November  6,  1896,  October  29,  1897,  December  2,  1898,  and  December 
22,  1899,  expires  on  the  24th  of  December,  1900; 

And  whereas  the  two  High  Contracting  Parties  deem  it  expedient 
to  indefinitely  continue  the  period  fixed  by  Article  IX  of  the  Conven- 
tion of  March  1,  1889,  and  by  the  sole  article  of  the  Convention  of 
October  1,  1895,  that  of  November  6,  1896,  that  of  October  29,  1897, 
that  of  December  2,  1898,  and  that  of  December  22,  1899,  in  order 
that  the  International  Boundary  Commission  may  be  able  to  continue 
the  examination  and  decision  of  the  cases  submitted  to  it,  they  have, 
for  that  purpose,  appointed  their  respective  Plenipotentiaries,  to  wit : 

The  President  of  the  United  States  of  America,  John  Hay,  Secre- 
tary of  State  of  the  United  States  of  America ; and 

The  President  of  the  United  States  of  Mexico,  Manuel  de  Azpiroz, 
Ambassador  Extraordinary  and  Plenipotentiary  of  the  United  States 
of  Mexico  at  Washinglon ; _ 

Who,  after  having  communicated  to  each  other  their  resjiective 
full  powers,  found  in  good  and  due  form,  have  agreed  upon  and  con- 
cluded the  following  Article : 

Article. 

The  said  Convention  of  March  1,  1889,  as  extended  on  the  several 
dates  above  mentioned,  and  the  Commission  established  thereunder 
shall  continue  in  force  and  effect  indefinitely,  subject,  however,  to  the 
right  of  either  contracting  party  to  dissolve  the  said  Commission  by 
giving  six  months’  notice  to  the  other;  but  such  dissolution  of  the 


MEXICO — 1900-1902. 


1193 


• 

Commission  shall  not  prevent  the  two  governments  from  thereafter 
agreeing  to  revive  the  said  Commission,  or  to  reconstitute  the  same, 
according  to  the  terms  of  the  said  Convention ; and  the  said  conven- 
tion of  March  1,  1889,  as  hereby  continued,  may  be  terminated  twelve 
months  after  notice  of  a desire  for  its  termination  shall  have  been 
given  in  due  form  by  one  of  the  two  contracting  parties  to  the  other. 

This  Convention  shall  be  ratified  by  the  two  High  Contracting  Par- 
ties in  conformity  with  their  respective  Constitutions,  and  the  ratifi- 
cations shall  be  exchanged  in  Washington  as  soon  as  possible. 

In  testimony  whereof,  we,  the  undersigned,  by  virtue  of  our  respec- 
tive powers,  have  signed  this  Convention  in  duiilicate,  in  the  English 
and  Spanish  languages,  and  have  affixed  our  respective  seals. 

Done  in  the  City  of  Washington  on  the  21st  day  of  November,  one 
thousand  nine  hundred. 

John  Hay  [seal.] 

M.  DE  AzPIKOZ  [seal.] 


1902. 

Supplementary  Extradition  Convention. 

Concluded  June  25,  1902;  ratification  advised  hy  Senate  March  11, 

1903;  ratified  hy  President  March  18,  1903;  ratifications  exchanged 

March  28,  1903;  'proclaimed  Apml  3,  1903. 

Article. 

Extraditable  offense;  bribery. 

The  United  States  of  America  and  the  United  States  of  Mexico 
being  desirous  to  add  the  crime  of  bribery  to  the  list  of  crimes  or 
otfenses  on  account  of  which  extradition  may  be  granted  under  the 
Convention  concluded  between  the  two  countries  on  the  22nd  day  of 
February,  1899,  with  a view  to  the  better  administration  of  justice 
and  the  prevention  of  crime  in  their  respective  territories  and  juris- 
dictions, have  resolved  to  conclude  a Supplementary  Convention  for 
this  purpose  and  have  appointed  as  their  Plenipotentiaries,  to-wit: 

The  President  of  the  United  States  of  America,  Powell  Clayton 
Ambassador  Extraordinary  and  Plenipotentiary  of  said  United 
States  at  Mexico,  and 

The  President  of  the  United  States  of  Mexico,  Don  Ignacio  Maris- 
cal.  Secretary  of  Foreign  Relations. 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers,  which  were  found  to  be  in  due  and  proper  form,  have  agreed 
to  and  concluded  the  following 

Article. 

The  following  crime  is  added  to  the  list  of  crimes  or  offenses  num- 
bered 1 to  20  in  the  second  Article  of  the  said  Convention  of  February 
22,  1899,  on  account  of  which  extradition  may  be  granted,  that  is 
to  say : 

Bribery,  defined  to  be  the  giving,  offering  or  receiving  of  a reward 
to  influence  one  in  the  discharge  of  a legal  duty. 


1194 


TREATIES,  CONVENTIONS,  ETC. 


The  present  Convention  shall  be  ratified  and  the  ratifications  shall 
be  exchanged  at  the  City  of  Mexico  as  soon  as  possible. 

It  shall  come  into  force  ten  days  after  its  publication  in  conform- 
ity with  the  laws  of  the  High  Contracting  Parties,  and  it  shall 
continue  and  terminate  in  the  same  manner  as  the  said  Convention 
of  February  22,  1899. 

In  testimony  whereof  the  respective  Plenipotentiaries  have  signed 
the  present  Convention  in  duplicate  and  have  hereunto  affixed  their 
seals. 

Done  in  duplicate  at  the  City  of  Mexico,  in  the  English  and 
Spanish  languages,  this  twenty-fifth  day  of  June  one  thousand  nine 
hundred  and  two. 

[seal.]  Powell  Clayton 

[seal.]  Igno.  Makiscal 


1903. 

Protocol  for  the  Adjustment  of  Certain  Contentions  Arising 
Under  What  is  Known  as  the  “ The  Pious  Fund  of  the  Cali- 

FORNIAS.” 


Signed  May  22,  1902. 
Articles. 


I.  Reference  to  special  tribunal. 

II.  Special  tribunal. 

III.  Procedure. 

lA^  Mutual  rights  to  documents. 

V.  Oral  testimony. 

A^I.  Submission  of  claim. 

VII.  Submission  of  opposition  to  claim. 


VIII.  Additional  evidence. 

IX.  Meeting. 

X.  Award ; manner  of  payment. 

XI.  Admission  of  facts. 

XII.  Expenses. 

XIII.  Revision. 


Whereas,  under  and  by  virtue  of  the  provisions  of  a convention 
entered  into  between  the  High  Contracting  Parties  above  named, 
of  date  July  4,  1868,  and  subsequent  conventions  supplementary 
thereto,  there  was  submitted  to  the  Mixed  Commission  provided  for 
by  said  Convention,  a certain  claim  advanced  by  and  on  behalf  of  the 
prelates  of  the  Roman  Catholic  Church  of  California  against  the 
Republic  of  Mexico  for  an  annual  interest  upon  a certain  fund  known 
as  “ The  Pious  Fund  of  the  Californias,”  which  interest  was  said  to 
have  accrued  between  February  2,  1848,  the  date  of  the  signature  of 
the  Treaty  of  Guadalupe  Hidalgo,  and  February  1,  1869,  the  date  of 
the  exchange  of  the  ratifications  of  said  Convention  above  referrea 
to;  and 

Whereas,  said  Mixed  Commission,  after  considering  said  claim, 
the  same  being  designated  as  No.  493  upon  its  docket,  and  entitled 
Thaddeus  Amat,  Roman  Catholic  Bishop  of  Monterey,  a corporation 
sole,  and  Joseph  S.  Alemany,  Roman  Catholic  Bishop  of  San  Fran- 
cisco, a corporation  sole,  against  The  Republic  of  Mexico,  adjudged 
the  same  adversely  to  the  Republic  of  Mexico  and  in  favor  of  said 
claimants,  and  made  an  award  thereon  of  Nine  Hundred  and  Four 
Thousand,  Seven  Hundred  and  99/100  (904,700.99)  Dollars;  the 
same,  as  expressed  in  the  findings  of  said  Court,  being  for  twenty- 


MEXICO — ^1902, 


1195 


one  years’  interest  of  the  annual  amount  of  Forty-three  Thousand 
and  Eighty  and  99/100  (43,080.99)  Dollars  upon  Seven  Hundred  and 
Eighteen  Thousand  and  Sixteen  and  50/100  (718,016.50)  Dollars, 
said  award  being  in  Mexican  gold  dollars,  and  the  said  amount  of 
Nine  Hundred  and  Four  Thousand,  Seven  Hundred  and  99/100 
(904,700.99)  Dollars  having  been  fully  paid  and  discharged  in  ac- 
cordance with  the  terms  of  said  conventions ; and 

Whereas,  the  United  States  of  America  on  behalf  of  said  Roman 
Catholic  Bishops,  above  named,  and  their  successors  in  title  and  in- 
terest, have  since  such  award  claimed  from  Mexico  further  instal- 
ments of  said  interest,  and  have  insisted  that  the  said  claim  was  con- 
clusively established,  and  its  amount  fixed  as  against  Mexico  and  in 
favor  of  said  original  claimants  and  their  successors  in  title  and  in- 
terest under  the  said  first  mentioned  convention  of  1868  by  force  of 
the  said  award  as  res  judicata;  and  have  further  contended  that  apart 
from  such  former  award  their  claim  against  Mexico  was  just,  both 
of  which  propositions  are  controverted  and  denied  by  the  Republic 
of  Mexico,  and  the  High  Contracting  Parties  hereto,  animated  by  a 
strong  desire  that  the  dispute  so  arising  may  be  amicably,  satisfacto- 
rily and  justly  settled,  have  agreed  to  submit  said  controversy  to  the 
determination  of  Arbitrators,  who  shall,  unless  otherwise  herein  ex- 
pressed, be  controlled  by  the  provisions  of  the  International  Conven- 
tion for  the  pacific  settlement  of  international  disputes,  commonly 
known  as  The  Hague  Convention,  and  which  arbitration  shall  have 
power  to  determine : 

1.  If  said  claim,  as  a consequence  of  the  former  decision,  is  within 
the  governing  principle  of  res  judicata;  and, 

2.  If  not,  whether  the  same  be  just. 

And  to  render  such  judgment  or  award  as  may  be  meet  and  proper 
under  all  the  circumstances  of  the  case. 

It  is  therefore  agreed  by  and  between  the  United  States  of  America, 
through  their  representative,  John  Hay,  Secretary  of  State  of  the 
United  States  of  America,  and  the  Republic  of  Mexico,  through  its 
representative,  Manuel  de  Azpiroz,  Ambassador  Extraordinary  and 
Plenipotentiary  to  the  United  States  of  America  for  the  Republic  of 
Mexico  as  follows: 

I. 

That  the  said  contentions  be  referred  to  the  special  tribunal  here- 
inafter provided,  for  examination,  determination  and  award. 

# 

II. 

The  special  tribunal  hereby  constituted  shall  consist  of  four  arbi- 
trators, (two  to  be  named  by  each  of  the  High  Contracting  Parties) 
and  an  umpire  to  be  selected  in  accordance  with  the  provisions  of  the 
Hague  Convention.  The  arbitrators  to  be  named  hereunder  shall  be 
signified  by  each  of  the  High  Contracting  Parties  to  the  other  within 
sixty  days  after  the  date  of  this  protocol.  None  of  those  so  named 
shall  be  a native  or  citizen  of  the  parties  hereto.  Judgment  may  be 
rendered  by  a majority  of  said  court. 

All  vacancies  occurring  among  the  members  of  said  court  because 
of  death,  retirement  or  disability  from  any  cause  before  a decision 
shall  be  reached,  shall  be  filled  in  accordance  with  the  method  of 


1196 


TREATIES,  CONVENTIONS,  ETC. 


appointment  of  the  member  affected  as  provided  by  said  Hague  Con- 
vention, and  if  occurring  after  said  court  shall  have  first  assembled, 
will  authorize  in  the  judgment  of  the  court  an  extension  of  time  for 
hearing  or  judgment,  as  the  case  may  be,  not  exceeding  thirty  days. 

III. 

All  pleadings,  testimony,  proofs,  arguments  of  counsel  and  find- 
ings or  awards  of  commissioners  or  umpire,  filed  before  or  arrived  at 
by  the  Mixed  Commission  above  referred  to,  are  to  be  placed  in 
evidence  before  the  Court  hereinbefore  provided  for,  together  with 
all  correspondence  between  the  two  countries  relating  to  the  subject 
matter  involved  in  this  arbitration;  originals  or  copies  thereof  duly 
certified  by  the  Departments  of  State  of  the  High  Contracting  Parties 
being  presented  to  said  new  tribunal.  Where  printed  books  are  re- 
ferred to  in  evidence  by  either  party,  the  party  offering  the  same 
shall  specify  volume,  edition  and  page  of  the  portion  desired  to  be 
read,  and  shall  furnish  the  Court  in  print  the  extracts  relied  upon; 
their  accuracy  being  attested  by  affidavit.  If  the  original  work  is  not 
already  on  file  as  a portion  of  the  record  of  the  former  Mixed  Com- 
mission, the  book  itself  shall  be  placed  at  the  disposal  of  the  opposite 
party  in  the  respective  offices  of  the  Secretary  of  State  or  of  the  Mexi- 
can Ambassador  in  Washington,  as  the  case  may  be,  thirty  days  be- 
fore the  meeting  of  the  tribunal  herein  provided  for. 

IV. 

Either  party  may  demand  from  the  other  the  discovery  of  any 
f«rct  or  of  any  document  deemed  to  be  or  to  contain  material  evidence 
for  the  party  asking  it;  the  document  desired  to  be  described  with 
sufficient  accuracy  for  identification,  and  the  demanded  discovery 
shall  be  made  by  delivering  a statement  of  the  fact  or  by  depositing 
a copy  of  such  document  (certified  by  its  lawful  custodian,  if  it  be  a 
public  document,  and  verified  as  such  by  the  possessor,  if  a private 
one),  and  the  opposite  party  shall  be  given  the  opportunity  to  ex- 
amine the  original  in  the  City  of  Washington  at  the  Department 
of  State,  or  at  the  office  of  the  Mexican  Ambassador,  as  the  case  may 
be.  If  notice  of  the  desired  discovery  be  given  too  late  to  be  an- 
swered ten  days  before  the  tribunal  herein  provided  for  shall  sit  for 
hearing,  then  the  answer  desired  thereto  shall  be  filed  with  or  docu- 
ments produce^  before  the  court  herein  provided  for  as  speedily 
as  possible. 

V. 

Any  oral  testimony  additional  to  that  in  the  record  of  the  former 
arbitration  may  be  taken  by  either  party  before  any  Judge,  or  Clerk 
of  Court  of  Record,  or  any  Notary  Public,  in  the  manner  and  with 
the  precautions  and  conditions  prescribed  for  that  purpose  in  the 
rules  of  the  Joint  Commission  of  the  United  States  of  America,  and 
the  Republic  of  Mexico,  as  ordered  and  adopted  by  that  tribunal 
August  10,  1869,  and  so  far  as  the  same  may  be  applicable.  The  tes- 
timony when  reduced  to  writing,  signed  by  the  witness,  and  authen- 
ticated by  the  officer  before  whom  the  same  is  taken,  shall  be  sealed 
up,  addressed  to  the  court  constituted  hereby,  and  deposited  so 


MEXICO — 1902. 


1197 


sealed  up  in  the  Department  of  State  of  the  United  States,  or  in 
the  Department  of  Foreign  Delations  of  Mexico  to  be  delivered 
to  the  Court  herein  provided  for  when  the  same  shall  convene. 

VI. 

Within  sixty  days  from  the  date  hereof  the  United  States  of 
America,  through  their  agent  or  counsel,  shall  prepare  and  furnish 
to  the  Department  of  State  aforesaid,  a memorial  in  print  of  the 
origin  and  amount  of  their  claim,  accompanied  by  references  to 
printed  books,  and  to  such  portions  of  the  proofs  or  parts  of  the 
record  of  the  former  arbitration,  as  they  rely  on  in  support  of  their 
claim,  delivering  copies  of  the  same  to  the  Embassy  of  the  Eeiniblic 
of  Mexico  in  Washington,  for  the  use  of  the  agent  or  counsel  of 
Mexico. 

VII. 

Within  forty  days  after  the  delivery  thereof  to  the  Mexican  Em- 
bassy the  agent  or  counsel  for  the  Republic  of  Mexico  shall  deliver 
to  the  Department  of  State  of  the  United  States  of  America  in  the 
same  manner  and  with  like  references  a statement  of  its  allegations 
and  grounds  of  ojiposition  to  said  claim, 

VIII. 

The  provisions  of  paragraphs  VI  and  VII  shall  not  operate  to 
prevent  the  agents  or  counsel  for  the  parties  hereto  from  relying  at 
the  hearing  or  submission  upon  any  documentary  or  other  evidence 
which  may  have  become  open  to  their  investigation  and  examination 
at  a period  subsequent  to  the  times  provided  for  service  of  memorial 
and  answer. 

IX. 


The  first  meeting  of  the  arbitral  court  hereinbefore  provided  for 
shall  take  place  for  the  selection  of  an  umpire  on  September  1,  1902, 
at  the  Hague  in  the  quarters  which  may  be  provided  for  such  purpose 
by  the  International  Bureau  at' the  Hague,  constituted  by  virtue  of 
the  Hague  convention  hereinbefore  referred  to,  and  for  the  com- 
mencement of  its  hearings  September  15,  1902,  is  designated,  or,  if  an 
umpire  may  not  be  selected  by  said  date,  then  as  soon  as  possible 
thereafter,  and  not  later  than  October  15,  1902,  at  which  time  and 
place  and  at  such  other  times  as  the  court  may  set  (and  at  Brussels  if 
the  court  should  determine  not  to  sit  at  the  Hague)  explanations  and 
arguments  shall  be  heard  or  presented  as  the  court  may  determine, 
and  the  cause  be  submitted.  The  submission  of  all  arguments,  state- 
ments of  facts,  and  documents  shall  be  concluded  within  thirty  days 
after  the  time  provided  for  the  meeting  of  the  court  for  hearing 
(unless  the  court  shall  order  an  extension  of  not  to  exceed  thirty  days) 
and  its  decision  and  award  announced  within  thirty  days  after  such 
conclusion,  and  certified  copies  thereof  delivered  to  the  agents  or 
counsel  of  the  respective  parties  and  forwarded  to  the  Secretary  of 
State  of  the  United  States  and  the  Mexican  Ambassador  at  Wash- 
ington, as  well  as  filed  with  the  Xetherland  Minister  for  Foreign 
Affairs. 


1198  TREATIES,  CONVENTIONS,  ETC. 

X. 

Should  the  decision  and  award  of  the  tribunal  be  against  the  Ke- 
public  of  Mexico,  the  findings  shall  state  the  amount  and  in  what 
currency  the  same  shall  be  payable,  and  shall  be  for  such  amount 
as  under  the  contentions  and  evidence  may  be  just.  Such  final 
award,  if  any,  shall  be  paid  to  the  Secretary  of  State  of  the  United 
States  of  America  within  eight  months  from  the  date  of  its  making. 

XI. 

The  agents  and  counsel  for  the  respective  parties  may  stipulate  for 
the  admission  of  any  facts,  and  such  stipulation,  duly  signed,  shall 
be  accepted  as  proof  thereof. 

XII. 

Each  of  the  parties  hereto  shall  pay  its  own  expenses,  and  one-half 
of  the  expenses  of  the  arbitration,  including  the  pay  of  the  arbi- 
trators; but  such  costs  shall  not  constitute  any  part  of  the  judgment. 

XIII. 

Revision  shall  be  permitted  as  provided  in  Article  LV  of  The 
Hague  Convention,  demand  for  revision  being  made  within  eight 
days  after  announcement  of  the  award.  Proofs  upon  such  demand 
shall  be  submitted  within  ten  days  after  revision  be  allowed  (revision 
only  being  granted,  if  at  all,  within  five  days  after  demand  therefor) 
and  counterproofs  within  the  following  ten  days,  unless  further  time 
be  granted  by  the  Court.  Arguments  shall  be  submitted  within  ten 
days  after  the  presentation  of  all  proofs,  and  a judgment  or  award 
given  within  ten  days  thereafter.  All  provisions  applicable  to  the 
original  judgment  or  award  shall  apply  as  far  as  possible  to  the 
judgment  or  award  on  revision.  Provided  that  all  proceedings  on 
revision  shall  be  in  the  French  language. 

XIV. 

The  award  ultimately  given  hereunder  shall  be  final  and  con- 
clusive as  to  the  matters  presented  for  consideration. 

Done  in  duplicate  in  English  and  Spanish  at  Washington,  this  2-Jd 
day  of  May,  A.  D.  1902. 

John  Hay  [s^l] 

M.  DE  Azpiroz  [seal] 


On  October  14,  1902,  the  Tribunal  of  Arbitration,  under  the  fore- 
going Protocol,  rendered  its  award  at  The  Hague,  deciding: 

That  the  Government  of  the  Republic  of  Mexico  must  pay  to  the 
Government  of  the  United  States  of  America  the  sum  $1,420,682.67, 
Mexican  in  money  having  legal  currency  in  Mexico,  within  the  period 
fixed  by  Article  X of  the  protocol  of  Washington  of  May  22,  1902; 
that  this  sum  of  $1,420,682.67  will  totally  extinguish  the  tnnuities 


MEXICO — 1902-1905. 


1199 


accrued  and  not  paid  by  the  Government  of  the  Mexican  Republic, — 
that  is  to  say  the  annuity  of  $43,050.99,  Mexican,  from  February 
2,  1869,  to  February  2,  1902;  and  that  the  Government  of  Mexico 
shall  pay  to  the  Government  of  the  United  States  on  February  2, 
1903,  and  each  following  year  on  the  same  date  perpetually  the 
annuity  of  $43,050.99  Mexican. 


1905. 

Convention  for  the  Elimination  of  the  Bancos  in  the  Rio 
Grande  from  the  Effects  of  Article  II  of  the  Treaty  of 
November  12,  1884. 

Concluded  March  W,  1905;  ratifications  advised  hy  the  Senate  Feh- 
'ruary  28,  1907 ; ratified  hy  the  President  March  13,  1907 ; ratifica- 
tions exchanged  May  31, 1907 ; 'proclaimed  June  5, 1907. 

Articles. 

I.  Elimination  of  “ Bancos.”  IV.  Reciprocal  rights  of  citizens. 

II.  International  commission.  V.  Ratification. 

III.  Formation  of  future  bancos. 

Whereas,  for  the  purpose  of  obviating  the  difficulties  arising  from 
the  application  of  Article  V of  the  Treaty  of  Guadalupe-Hidalgo, 
dated  February  2,  1848,  and  Article  I of  the  Treaty  of  December  30, 
1853,  both  concluded  between  the  United  States  of  America  and 
Mexico — difficulties  growing  out  of  the  frequent  changes  to  which 
the  beds  of  the  Rio  Grande  and  Colorado  River  are  subject — there 
was  signed  in  Washington  on  November  12,  1884,  by  the  Plenipoten- 
tiaries of  the  United  States  and  Mexico,  a convention  containing  the 
following  stipulations : 

“Article  I. — The  dividing  line  shall  forever  be  that  described  in 
the  aforesaid  Treaty  and  follow  the  center  of  the  normal  channel 
of  the  rivers  named,  notwithstanding  any  alterations  in  the  banks  or 
in  the  course  of  those  rivers,  provided  that  such  alterations  be  effected 
by  natural  causes  through  the  slow  and  gradual  erosion  and  deposit  of 
alluvium  and  not  by  the  abandonment  of  an  existing  river  bed  and 
the  opening  of  a new  one. 

“ArticleTI. — Any  other  change,  wrought  by  the  force  of  the  cur- 
rent whether  by  the  cutting  of  a new  bed,  or  when  there  is  more  than 
one  channel  by  the  deepening  of  another  channel  than  that  which 
marked  the  boundary  at  the  time  of  the  survey  made  under  the  afore- 
said Treaty,  shall  produce  no  change  in  the  dividing  line  as  fixed  by 
the  surveys  of  the  International  Boundary  Commissions  in  1852,  but 
the  line  then  fixed  shall  continue  to  follow  the  middle  of  the  original 
channel  bed,  even  though  this  should  become  wholly  dry  or  be  ob- 
structed by  deposits.” 

Whereas,  as  a result  of  the  topographical  labors  of  the  Boundary 
Commission  created  by  the  Convention  of  March  1,  1889,  it  has  been 
observed  that  there  is  a typical  class  of  changes  effected  in  the  bed 
of  the  Rio  Grande,  in  which,  owing  to  slow  and  gradual  erosion, 
coupled  with  avulsion,  said  river  abandons  its  old  channel  and  there 


1200 


TBEATIES,  CONVENTIONS,  ETC. 


are  separated  from  it  small  portions  of  land  known  as  “ bancos  ” 
bounded  by  the  said  old  bed,  and  which,  according  to  the  terms  of 
Article  II  of  the  aforementioned  Convention  of  1884,  remain  subject 
to  the  dominion  and  jurisdiction  of  the  country  from  which  they 
have  been  separated ; 

Whereas,  said  “bancos”  are  left  at  a distance  from  the  new  river 
bed,  and,  by  reason  of  the  successive  deposits  of  alluvium,  the  old 
channel  is  becoming  effaced,  the  land  of  said  “ bancos  ” becomes  con- 
fused with  the  land  of  the  “ bancos  ” contiguous  thereto,  thus  giving 
rise  to  difficulties  and  controversies,  some  of  an  international  and 
others  of  a private  character ; 

Whereas,  the  labors  of  the  International  Boundary  Commission, 
undertaken  with  the  object  of  fixing  the  boundary  line  with  refer- 
ence to  the  “ bancos,”  have  demonstrated  that  the  application  to 
these  “ bancos  ” of  the  principle  established  in  Article  II  of  the  Con- 
vention of  1884  renders  difficult  the  solution  of  the  controversies 
mentioned,  and,  instead  of  simplifying,  complicates  the  said  bound- 
ary line  between  the  two  countries: 

Therefore,  the  Governments  of  the  United  States  of  America  and 
the  United  States  of  Mexico,  being  desirous  to  enter  into  a conven- 
tion to  establish  more  fitting  rules  for  the  solution  of  such  difficulties, 
have  appointed  as  their  Plenipotentiaries— 

That  of  the  United  States  of  America,  Alvey  A.  Adee,  Acting 
Secretary  of  State  of  the  United  States ; 

That  of  the  United  States  of  Mexico,  its  Ambassador  Extraordi- 
nary and  Plenipotentiary,  Licenciado  Don  Manuel  de  Azpiroz ; 

IVho,  after  exhibiting  their  full  powers,  found  to  be  in  good  and 
due  form,  have  agreed  to  the  following  articles : 

Article  I. 

The  fifty-eight  (68)  bancos  surveyed  and  described  in  the  report 
of  the  consulting  engineers,  dated  May  30,  1898,  to  which  reference 
is  made  in  the  record  of  proceedings  of  the  International  Boundary 
Commission,  dated  June  14,  1898,  and  which  are  drawn  on  fifty-four 
(54)  maps  on  a scale  of  one  to  five  thousand  (1  to  5,000),  and  three 
index  maps,  signed  by  the  Commissioners  and  by  the  Plenipoten- 
tiaries appointed  by  the  convention,  are  hereby  eliminated  from  the 
effects  of  Article  11  of  the  Treaty  of  November  12,  1884. 

Within  the  part  of  the  Eio  Grande  comprised  between  its  mouth 
and  its  confluence  with  the  San  Juan  River  the  boundary  line 
between  the  two  countries  shall  be  the  broken  red  line  shown  on  the 
said  maps — that  is,  it  shall  follow  the  deepest  channel  of  the  stream — 
and  the  dominion  and  jurisdiction  of  so  many  of  the  aforesaid  fifty- 
eight  (58)  bancos  as  may  remain  on  the  right  bank  of  the  river  shall 
pass  to  Mexico,  and  the  dominion  and  jurisdiction  of  those  of  the  said 
fifty-eight  (58)  bancos  which  may  remain  on  the  left  bank  shall  pass 
to  the  United  States  of  America. 

Article  II. 

The  International  Commission  shall,  in  the  future,  be  guided  by 
the  principle  of  elimination  of  the  bancos  established  in  the  fore- 


MEXICO — 1905. 


1201 


going  article,  with  regard  to  the  labors  concerning  the  boundary  line 
throughout  that  part  of  the  Rio  Grande  and  the  Colorado  River 
which  serves  as  a boundary  between  the  two  nations.  There  are 
hereby  excepted  from  this  provision  the  portions  of  land  segregated 
by  the  change  in  the  bed  of  the  said  rivers  having  an  area  of  over 
two  hundred  and  fifty  (250)  hectares,  or  a population  of  over  two 
hundred  (200)  souls,  and  which  shall  not  be  considered  as  bancos 
for  the  purposes  of  this  treaty  and  shall  not  be  eliminated,  the  old 
bed  of  the  river  remaining,  therefore,  the  boundary  in  such  cases. 

Article  III. 

With  regard  to  the  bancos  which  may  be  formed  in  future,  as  well 
as  to  those  already  formed  but  which  are  not  yet  surveyed,  the 
Boundary  Commission  shall  proceed  to  the  places  where  they  have 
been  formed,  for  the  purpose  of  duly  applying  Articles  I and  II  of 
the  present  convention,  and  the  proper  maps  shall  be  prepared  in 
which  the  changes  that  have  occurred  shall  be  shown,  in  a manner 
similar  to  that  employed  in  the  preparation  of  the  maps  of  the  afore- 
mentioned fifty-eight  (58)  bancos. 

As  regards  these  bancos,  as  well  as  those  already  formed  but  not 
surveyed,  and  those  that  may  be  formed  in  future,  the  Commission 
shall  mark  on  the  ground,  with  suitable  monuments,  the  bed  aban- 
doned by  the  river,  so  that  the  boundaries  of  the  liancos  shall  be 
clearly  defined. 

On  all  separated  land  on  which  the  successive  alluvium  deposits 
have  caused  to  disappear  those  parts  of  the  abandoned  channel  which 
are  adjacent  to  the  river,  each  of  the  extremities  of  said  channel  shall 
be  united  by  means  of  a straight  line  to  the  nearest  part  of  the  bank 
of  the  same  river. 


Article  IV. 

The  citizens  of  either  of  the  two  contracting  countries  who,  by 
virtue  of  the  stipulations  of  this  convention,  shall  in  future  be  located 
on  the  land  of  the  other  may  remain  thereon  or  remove  at  any  time 
to  whatever  place  may  suit  them,  and  either  keep  the  property  which 
they  possess  in  said  territory  or  dispose  of  it.  Those  who  prefer  to 
remain  on  the  eliminated  bancos  may  either  preserve  the  title  and 
rights  of  citizenship  of  the  country  to  which  the  said  bancos  formerly 
belonged,  or  acquire  the  nationality  of  the  country  to  which  they  will 
belong  in  the  future. 

Property  of  all  kinds  situated  on  the  said  bancos  shall  be  inviolably 
respected,  and  its  present  owners,  their  heirs,  and  those  who  may 
subsequently  acquire  the  property  legally,  shall  enjoy  as  complete 
security  with  respect  thereto  as  if  it  belonged  to  citizens  of  the  country 
where  it  is  situated. 


Article  ^Y. 

This  convention  shall  be  ratified  by  the  two  high  contracting  parties 
in  accordance  with  their  respective  Constitutions,  and  the  ratifications 
shall  be  exchanged  at  Washington  as  soon  as  possible. 

24449— VOL  1—10 76 


1202 


TREATIES,  CONVENTIONS,  ETC. 


In  witness  whereof,  we,  the  undersigned,  by  virtue  of  our  respective 
powers,  have  signed  the  present  convention,  both  in  the  English  and 
Spanish  languages,  and  have  thereunto  affixed  our  seals. 

Done  in  duplicate,  at  the  City  of  Washington,  this  20th  day  of 
March,  one  thousand  nine  hundred  and  five. 

Alvey  a.  Adee  [seal] 
M.  DE  Azpiroz  [seal] 


1906. 

Convention  Providing  for  the  Equitable  Distribution  of  the 
Waters  of  the  Eio  Grande  for  Irrigation  Purposes. 


Concluded  May  21, 1906;  ratification  advised  hy  the  Senate  June  26, 
1906;  ratified  hy  the  President  December  26,  1906;  ratifications 
exchanged  January  16, 1907 ; 'proclaimed  January  16,  1907. 


Articles. 


I.  Delivery  of  waters  to  Mexico. 

II.  Distribution  of  the  waters. 

III.  Cost  of  delivery  and  storing. 

IV.  Waiver  of  claims  by  Mexico. 


V.  Treaty  not  to  constitute  basis  for 
claims. 

VI.  Ratification. 


The  United  States  of  America  and  the  United  States  of  Mexico 
being  desirous  to  provide  for  the  equitable  distribution  of  the  waters 
of  the  Eio  Grande  for  irrigation  purposes,  and  to  remove  all  causes 
of  controversy  between  them  in  respect  thereto,  and  being  moved 
by  considerations  of  international  comity,  have  resolved  to  con- 
clude a Convention  for  these  purposes  and  have  named  as  their 
Plenipotentiaries : 

The  President  of  the  United  States  of  America,  Elihu  Eoot,  Secre- 
tary of  State  of  the  United  States ; and 

The  President  of  the  United  States  of  Mexico,  His  Excellency 
Senor  Don  Joaquin  D.  Casasus,  Ambassador  Extraordinary  and 
Plenipotentiary  of  the  United  States  of  Mexico  at  Washington; 

Who,  after  having  exhibited  their  respective  full  powers,  which 
were  found  to  be  in  good  and  due  form,  have  agreed  upon  the 
following  articles: 

Article  I. 


After  the  completion  of  the  proposed  storage  dam  near  Engle, 
New  Mexico,  and  the  distributing  system  auxiliary  thereto,  and  as 
soon  as  water  shall  be  available  in  said  system  for  the  purpose,  the 
United  States  shall  deliver  to  Mexico  a total  of  60,000.  acre-feet  of 
water  annually,  in  the  bed  of  the  Eio  Grande  at  the  point  where  the 
head  works  of  the  Acequia  Madre,  known  as  the  Old  Mexican  Canal, 
now  exist  above  the  city  of  Juarez,  Mexico. 

Article  II. 

The  delivery  of  the  said  amount  of  water  shall  be  assured  by  the 
United  States  and  shall  be  distributed  through  the  year  in  the  same 
proportions  as  the  water  supply  proposed  to  be  furnished  from  the 


MEXICO — ^1906. 


1203 


said  irrigation  system  to  lands  in  the  United  States  in  the  vicinity  of 
El  Paso,  Texas,  according  to  the  following  schedule,  as  nearly  as  may 
be  possible: 


Acre-feet 

per 

month. 

Corresponding 
cubic  feet  of 
water. 

0 

1,090 
6, 460 
12, 000 
12, 000 
12, 000 
8,1X0 
4, 370 
3, 270 
1,090 
540 

0 

0 

47.480. 400 
237, 837, 600 
522, 720, 000 
522, 720, 000 
522, 720, 000 
356, 320, 800 

190.367.200 

142. 441.200 
47,480,  400 

23.522.400 
0 

July 

60,000 

acre-feet 

2,613,600, 000 
cubic  feet 

In  case,  however,  of  extraordinary  drought  or  serious  accident  to 
the  irrigation  system  in  the  United  States,  the  amount  delivered 
to  the  Mexican  Canal  shall  be  diminished  in  the  same  proportion 
as  the  water  delivered  to  lands  under  said  irrigation  system  in  the 
United  States. 

Article  III. 

The  said  delivery  shall  be  made  without  cost  to  Mexico,  and  the 
United  States  agrees  to  pay  the  whole  cost  of  storing  the  said  quantity 
of  water  to  be  delivered  to  Mexico,  of  conveying  the  same  to  the 
international  line,  of  measuring  the  said  water,  and  of  delivering  it 
in  the  river  bed  above  the  head  of  the  Mexican  Canal.  It  is  under- 
stood that  the  United  States  assumes  no  obligation  beyond  the  deliv- 
ering of  the  water  in  the  bed  of  the  river  above  the  head  of  the 
Mexican  Canal. 

Article  IV. 

The  delivery  of  water  as  herein  provided  is  not  to  be  construed  as 
a recognition  by  the  United  States  of  any  claim  on  the  part  of 
Mexico  to  the  said  waters;  and  it  is  agreed  that  in  consideration  of 
such  delivery  of  water,  Mexico  waives  any  and  all  claims  to  the 
waters  of  the  Kio  Grande  for  any  purpose  whatever  between  the 
head  of  the  present  Mexican  Canal  and  Fort  Quitman,  Texas,  and 
also  declares  fully  settled  and  disposed  of,  and  hereby  waives,  all 
claims  heretofore  asserted  or  existing,  or  that  may  hereafter  arise, 
or  be  asserted,  against  the  United  States  on  account  of  any  damages 
alleged  to  have  been  sustained  by  the  owners  of  land  in  Mexico,  by 
reason  of  the  diversion  by  citizens  of  the  United  States  of  waters 
of  the  Rio  Grande. 

Article  V. 

The  United  States,  in  entering  into  this  treaty,  does  not  thereby 
concede,  expressly  or  by  implication,  any  legal  basis  for  any  claims 
heretofore  asserted  or  which  may  be  hereafter  asserted  by  reason  of 


1204 


TREATIES,  CONVENTIONS,  ETC. 


any  losses  incurred  by  the  owners  of  land  in  Mexico  due  or  alleged 
to  be  due  to  the  diversion  of  the  waters  of  the  Rio  Grande  within 
the  United  States ; nor  does  the  United  States  in  any  way  concede  the 
establishment  of  any  general  principle  or  precedent  by  the  concluding 
of  this  treaty.  The  understanding  of  both  parties  is  that  the  ar- 
rangement contemplated  by  this  treaty  extends  only  to  the  portion 
of  the  Rio  Grande  which  forms  the  international  boundary,  from  the 
head  of  the  Mexican  Canal  down  to  Fort  Quitman,  Texas,  and  in  no 
other  case. 

Article  VI. 

The  present  Convention  shall  be  ratified  by  both  contracting  parties 
in  accordance  with  their  constitutional  procedure,  and  the  ratifications 
shall  be  exchanged  at  Washington  as  soon  as  possible. 

In  witness  whereof,  the  respective  Plenipotentiaries  have  signed 
the  Convention  both  in  the  English  ^nd  Spanish  languages  and  have 
thereunto  affixed  their  seals. 

Done  in  duplicate  at  the  City  of  Washington,  this  21st  day  of 
May,  one  thousand  nine  hundred  and  six. 

Elihu  Root  [seal.] 

Joaquin  D Casasus  [seal.] 


1908. 

Arbitration  Convention. 

Signed  at  Washington,  March  21^,  1908;  ratification  advised  by  the 

Senate,  Apnl  2,  1908;  ratified  by  the  President,  May  29,  1908; 

ratifications  exchanged  at  W ashington,  June  27, 1908;  proclaimed, 

June  29,  1908. 

Articles. 

I.  Differences  to  be  submitted. 

II.  Special  agreement. 

III.  Treaty  of  Giiadaloupe-Hidalgo. 

The  Government  of  the  United  States  of  America  and  the  Govern- 
ment of  Mexico,  signatories  of  the  Convention  for  the  pacific  settle- 
ment of  international  disputes,  concluded  at  The  Hague  on  the  29th 
of  July,  1899 ; 

Taking  into  consideration  that  by  Article  XIX  of  that  Convention 
the  High  Contracting  Parties  have  reserved  to  themselves  the  right 
of  concluding  Agreements,  with  a view  to  referring  to  arbitration 
all  questions  which  they  shall  consider  possible  to  submit  to  such 
treatment ; 

Have  authorized  the  Undersigned  to  conclude  the  following 
arrangement : 

Article  I. 

Differences  which  may  arise  whether  of  a legal  nature  or  relative 
to  the  interpretation  of  the  treaties  existing  fetween  the  two  con- 
tracting parties  and  which  it  may  not  have  been  possible  to  settle  by 


IV.  Ratification. 
V.  Duration. 


MEXICO — ^1908. 


1205 


diplomacy,  in  case  no  other  arbitration  should  have  been  agreed  upon, 
shall  be  referred  to  the  Permanent  Court  of  Arbitration  established 
at  The  Hague  by  the  Convention  of  the  29th  July  1899,  provided  that 
they  do  not  aifect  the  vital  interests,  the  independence,  or  the  honor 
of  either  of  the  contracting  parties  and  do  not  prejudice  the  interests 
of  a third  party. 

Akticle  II. 

In  each  individual  case,  the  High  Contracting  Parties,  before  ap- 
pealing to  the  Permanent  Court  of  Arbitration,  shall  conclude  a 
special  agreement  defining  clearly  the  matter  in  dispute,  the  scope 
of  the  powers  of  the  Arbitrators  and  the  periods  to  be  fixed  for  the 
formation  of  the  Arbitral  Tribunal  and  the  several  stages  of  the 
procedure.  It  is  understood  that  such  special  agreements  shall  be 
made  by  the  Presidents  of  both  contracting  countries  by  and  with  the 
advice  and  consent  of  their  respective  Senates. 

Article  III. 

The  foregoing  stipulations  in  no  wise  annul,  but  on  the  contrary 
define,  confirm  and  continue  in  eft'ect  the  declarations  and  rules  con- 
tained in  Article  XXI  of  the  Treaty  of  peace,  friendship  and  boun- 
daries between  the  United  States  and  Mexico  signed  at  the  city  of 
Guadalupe  Hidalgo  on  the  second  of  February  one  thousand  eight 
hundred  and  forty-eight. 


Article  IV. 

The  present  Convention  shall  be  ratified  by  the  President  of  the 
United  States  of  America,  by  and  with  the  advice  and  consent  of  the 
Senate  thereof ; and  by  the  Government  of  Mexico  in  accordance  with 
its  constitution  and  laws.  The  ratifications  shall  be  exchanged  at 
Washington  as  soon  as  possible,  and  the  Convention  shall  take  effect 
on  the  date  of  the  exchange  of  its  ratifications. 

Article  V. 

The  present  Convention  is  concluded  for  a period  of  five  years 
dating  from  the  day  of  the  exchange  of  its  ratifications. 

Done  in  duplicate  at  the  City  of  Washington,  in  the  English  and 
Spanish  languages,  this  twenty-fourth  day  of  March  in  the  year  1908. 

Elihu  Eoot  [seal] 
Jose  F.  Godoy  [seal] 


MOROCCO. 

1787.“ 

Treaty  of  Peace  and  Friendship. 


Concluded  January^  1787;  ratified  hy  the  Continental  Congress 

July  18, 1787. 

Articles. 


I.  Imperial  consent. 

II.  Commission  from  an  enemy. 

III.  Captures. 

IV.  Passports. 

V.  Search. 

VI.  Captured  Americans. 

VII.  Supplying  vessels  in  port. 

VIII.  Vessels  to  repair. 

IX.  Shipwrecks. 

X.  Vessels  in  engagement. 

XI.  Navigation  in  war. 

XII.  Examination  of  ships  of  war. 

XIII.  Saluting  ships  of  war. 


XIV.  Most  favored  nation. 

XV.  Privileges  of  merchants. 

XVI.  Exchange  of  prisoners. 

XVII.  Privileges  of  merchants. 
XVIII.  Examination  of  goods. 

XIX.  Detention  of  vessels. 

XX.  Disputes  between  Americans. 

XXI.  Crimes. 

XXII.  Estates  of  deceased  citizens. 
XXIII.  Consuls. 

XXIV.  War. 

XXV.  Duration. 


To  all  persons  to  tchom  these  presents  shall  come  or  he  made  Jcnown: 

Whereas  the  United  States  of  America,  in  Congress  assembled,  by 
their  commission  bearing  date  the  twelfth  day  of  May,  one  thousand 
seven  hundred  and  eighty-four,  thought  proper  to  constitute  John 
Adams,  Benjamin  Franklin,  and  Thomas  Jefferson,  their  Ministers 
Plenipotentiary,  giving  to  them,  or  a majority  of  them,  full  powers 
to  confer,  treat,  and  negotiate  with  the  Ambassador,  Minister,  or 
Commissioner  of  his  Majesty  the  Emperor  of  Morocco,  concerning 
a treaty  of  amity  and  commerce;  to  make  and  receive  propositions 
for  such  treaty,  and  to  conclude  and  sign  the  same,  transmitting  it 
to  the  United  States  in  Congress  assembled,  for  their  final  ratifi- 
cation; and  by  one  other  commission,  bearing  date  the  eleventh  day 
of  March,  one  thousand  seven  hundred  and  eighty-five,  did  further 
empower  the  said  Ministers  Plenipotentiary,  or  a majority  of  them, 
by  writing  under  their  hands  and  seals,  to  appoint  such  agent  in  the 
said  business  as  they  might  think  proper,  with  authority  under  the 
directions  and  instructions  of  the  said  Ministers,  to  commence  and 
prosecute  the  said  negotiations  and  conferences  for  the  said  treaty, 
provided  that  the  said  treaty  should  be  signed  by  the  said  Ministers : 
And  whereas  we,  the  said  John  Adams  and  Thomas  Jefferson,  two  of 
the  said  Ministers  Plenipotentiary,  (the  said  Benjamin  Franklin 
being  absent,)  by  writing  under  the  hand  and  seal  of  the  said  John 
Adams  at  London,  October  the  fifth,  one  thousand  seven  hundred 


“ This  treaty  was  superseded  by  the  treaty  of  September  16,  1836.  See  Gen- 
eral Act,  Algeciras,  p.  2157. 

1206 


MOROCCO 1787. 


1207 


and  eighty-five,  and  of  the  said  Thomas  Jefferson  at  Paris,  October 
the  eleventh  of  the  same  year,  did  appoint  Thomas  Barclay  agent  in 
the  business  aforesaid,  giving  him  the  powers  therein,  which,  by  the 
said  second  commission,  we  were  authorized  to  give,  and  the  said 
Thomas  Barclay,  in  pursuance  thereof,  hath  arranged  articles  for 
a treaty  of  amity  and  commerce  between  the  United  States  of  Amer- 
ica and  His  Majesty  the  Emperor  of  Morocco,  which  articles,  written 
in  the  Arabic  language,  confirmed  by  His  said  Majesty  the  Emperor 
of  Morocco,  and  sealed  with  his  royal  seal,  being  translated  into  the 
language  of  the  said  United  States  of  America,  together  with  the 
attestations  thereto  annexed,  are  in  the  following  words,  to  wit: 

[royal  seal.] 

In  the  name  of  Almighty  God. 

This  is  a treaty  of  peace  and  friendship  established  between  us  and 
the  United  States  of  America,  which  is  confirmed,  and  which  we  have 
ordered  to  be  written  in  this  book,  and  sealed  witn  our  royal  seal,  at 
our  court  of  Morocco,  on  the  twenty-fifth  day  of  the  blessed  month 
of  Shaban,  in  the  year  one  thousand  two  hundred,  trusting  in  God  it 
will  remain  permanent. 

Article  I. 

We  declare  that  both  parties  have  agreed  that  this  treaty,  consist- 
ing of  twenty-five  articles,  shall  be  inserted  in  this  book,  and  de- 
livered to  the  Honorable  Thomas  Barclay,  the  agent  of  the  United 
States,  now  at  our  court,  with  whose  approbation  it  has  been  made, 
and  who  is  duly  authorized  on  their  part  to  treat  with  us  concern- 
ing all  the  matters  contained  therein. 

Article  II. 

If  either  of  the  parties  shall  be  at  war  with  any  nation  whatever, 
the  other  party  shall  not  take  a commission  from  the  enemy,  nor 
fight  under  their  colors. 

Article  III. 

If  either  of  the  parties  shall  be  at  war  with  any  nation  whatever, 
and  take  a prize  belonging  to  that  nation,  and  there  shall  be  found 
on  board  subjects  or  effects  belonging  to  either  of  the  parties,  the 
subjects  shall  be  at  liberty,  and  the  effects  returned  to  the  owners. 
And  if  any  goods  belonging  to  any  nation,  with  whom  either  of  the 
parties  shall  be  at  war,  shall  be  loaded  on  vessels  belonging  to  the 
other  party,  they  shall  pass  free  and  unmolested,  without  any  attempt 
being  made  to  take  or  detain  them. 

Article  IV. 

A signal  or  pass  shall  be  given  to  all  vessels  belonging  to  both 
parties,  by  which  they  are  to  be  known  when  they  meet  at  sea;  and 
if  the  commander  of  a ship  of  war  of  either  party  shall  have  other 
ships  under  his  convoy,  the  declaration  of  the  commander  shall  alone 
be  sufficient  to  exempt  any  of  them  from  examination. 


1208 


TREATIES,  CONVENTIONS,  ETC. 

Article  V. 


If  either  of  the  parties  shall  be  at  war,  and  shall  meet  a vessel  at 
sea  belonging  to  the  other,  it  is  agreed,  that  if  an  examination  is  to 
be  made,  it  shall  be  done  by  sending  a boat  with  two  or  three  men 
only;  and  if  any  gun  shall  be  fired,  and  injury  done  without  reason, 
the  offending  party  shall  make  good  all  damages. 

Article  VI. 

If  any  Moor  shall  bring  citizens  of  the  United  States,  or  their 
effects,  to  His  Majesty,  the  citizens  shall  immediately  be  set  at  liberty, 
and  the  effects  restored ; and  in  like  manner,  if  any  Moor,  not  a sub- 
ject of  these  dominions,  shall  make  prize  of  any  of  the  citizens  of 
America,  or  their  effects,  and  bring  them  into  any  of  the  ports  of 
His  Majesty,  they  shall  be  immediately  released,  as  they  will  then 
be  considered  as  under  His  Majesty’s  protection. 

Article  VII. 

If  any  vessel  of  either  party  shall  put  into  a port  of  the  other,  and 
have  occasion  for  provisions  or  other  supplies,  they  shall  be  furnished 
without  any  interruption  or  molestation. 

Article  VIII. 

If  any  vessel  of  the  United  States  shall  meet  with  a disaster  at 
sea,  and  put  into  one  of  our  ports  to  repair,  she  shall  be  at  liberty  to 
land  and  re-load  her  cargo,  without  paying  any  duty  whatever. 

Article  IX. 

If  any  vessel  of  the  United  States  shall  be  cast  on  shore  on  any 
part  of  our  coasts,  she  shall  remain  at  the  dis^DOsition  of  the  owners, 
and  no  one  shall  attempt  going  near  her  without  their  approbation, 
as  she  is  then  considered  particularly  under  our  protection;  and  if 
any  vessel  of  the  United  States  shall  be  forced  to  put  into  our  ports 
by  stress  of  weather  or  otherwise,  she  shall  not  be  compelled  to  land 
her  cargo,  but  shall  remain  in  tranquillity  until  the  commander 
shall  think  proper  to  proceed  on  his  voyage. 

Article  X. 

If  any  vessel  of  either  of  the  parties  shall  have  an  engagement  with 
a vessel  belonging  to  any  of  the  Christian  Powers  within  gun-shot 
of  the  forts  of  the  other,  the  vessel  so  engaged  shall  be  defended 
and  protected  as  much  as  possible  until  she  is  in  safety ; and  if  any 
American  vessel  shall  be  cast  on  shore  on  the  coast  of  Wadnoon,  or 
any  coast  thereabout,  the  people  belonging  to  her  shall  be  protected 
and  assisted,  until,  by  the  help  of  God,  they  shall  be  sent  to  their 
country. 


MOROCCO — 1787. 


1209 


Article  XI. 

If  we  shall  be  at  war  with  any  Christian  Power,  and  any  of  our 
vessels  sail  from  the  ports  of  the  United  States,  no  vessel  belonging 
to  the  enemy  shall  follow  until  twenty-four  hours  after  the  departure 
of  our  vessels;  and  the  same  regulation  shall  be  observed  towards  the 
American  vessels  sailing  from  our  ports,  be  their  enemies  Moors  or 
Christians. 

Article  XII. 

If  any  ship  of  war  belonging  to  the  United  States  shall  put  into 
any  of  our  ports,  she  shall  not  be  examined  on  any  pretence  whatever, 
even  though  she  should  have  fugitive  slaves  on  board,  nor  shall  the 
governor  or  commander  of  the  place  compel  them  to  be  brought  on 
shore  on  any  pretext,  nor  require  any  payment  for  them. 

Article  XIII. 

If  a ship  of  war  of  either  party  shall  put  into  a port  of  the  other 
and  salute,  it  shall  be  retuimed  from  the  fort  with  an  equal  number 
of  guns,  not  with  more  or  less. 

Article  XIV. 

The  commerce  with  the  United  States  shall  be  on  the  same  footing 
as  is  the  commerce  with  Spain,  or  as  that  with  the  most  favored 
nation  for  the  time  being;  and  their  citizens  shall  be  respected  and 
esteemed,  and  have  full  liberty  to  pass  and  repass  our  country  and 
seaports  whenever  they  please,  without  interruption. 

Article  XV. 

Merchants  of  both  countries  shall  employ  only  such  interpreters, 
and  such  other  persons  to  assist  them  in  their  business,  as  they  shall 
think  proper.  No  commander  of  a vessel  shall  transport  his  cargo  on 
board  another  vessel ; he  shall  not  be  detained  in  port  longer  than  he 
may  think  proper ; and  all  persons  employed  in  loading  or  unloading 
goods,  or  in  any  other  labor  whatever,  shall  be  paid  at  the  customary 
rates,  not  more  and  not  less. 

Article  XVI. 

In  case  of  a war  between  the  parties,  the  prisoners  are  not  to  be 
made  slaves,  but  to  be  exchanged  one  for  another,  captain  for  captain, 
officer  for  officer,  and  one  private  man  for  another ; and  if  there  shall 
prove  a deficiency  on  either  side,  it  shall  be  made  up  by  the  payment 
of  one  hundred  Mexican  dollars  for  each  person  wanting.  And  it  is 
agreed  that  all  prisoners  shall  be  exchanged  in  twelve  months  from 
the  time  of  their  being  taken,  and  that  this  exchange  may  be  effected 
by  a merchant  or  any  other  person  authorized  by  either  of  the  parties. 

Article  XVII. 

Merchants  shall  not  be  compelled  to  buy  or  sell  any  kind  of  goods 
but  such  as  they  shall  think  proper;  and  may  buy  and  sell  all  sorts 
of  merchandise  but  such  as  are  prohibited  to  the  other  Christian 
nations. 


1210  TREATIES,  CONVENTIONS,  ETO. 

Article  XVIII. 

All  goods  shall  be  weighed  and  examined  before  they  are  sent  on 
board,  and  to  avoid  all  detention  of  vessels,  no  examination  shall 
afterwards  be  made,  unless  it  shall  first  be  proved  that  contraband 
goods  have  been  sent  on  board,  in  which  case  the  persons  who  took 
the  contraband  goods  on  board  shall  be  punished  according  to  the 
usage  and  custom  of  the  country,  and  no  other  person  whatever  shall 
be  injured,  nor  shall  the  ship  or  cargo  incur  any  penalty  or  damage 
whatever. 

Article  XIX. 

No  vessel  shall  be  detained  in  port  on  any  pretence  whatever,  nor 
be  obliged  to  take  on  board  any  article  without  the  consent  of  the 
commander,  who  shall  be  at  full  liberty  to  agree  for  the  freight  of  any 
goods  he  takes  on  board. 

Article  XX. 

If  any  of  the  citizens  of  the  United  States,  or  any  persons  under 
their  protection,  shall  have  any  disputes  with  each  other,  the  Consul 
shall  decide  between  the  parties,  and  whenever  the  Consul  shall  re- 
quire any  aid  or  assistance  from  our  Government,  to  enforce  his 
decisions,  it  shall  be  immediately  granted  to  him. 

Article  XXI. 

If  a citizen  of  the  United  States  should  kill  or  wound  a Moor,  or, 
on  the  contrary,  if  a Moor  shall  kill  or  wound  a citizen  of  the  United 
States,  the  law  of  the  country  shall  take  place,  and  equal  justice  shall 
be  rendered,  the  Consul  assisting  at  the  trial ; and  if  any  delinquent 
shall  make  his  escape,  the  Consul  shall  not  be  answerable  for  him 
in  any  manner  whatever. 

Article  XXII. 

If  an  American  citizen  shall  die  in  our  country,  and  no  will  shall 
appear,  the  Consul  shall  take  possession  of  his  effects;  and  if  there 
shall  be  no  Consul,  the  effects  shall  be  deposited  in  the  hands  of  some 
person  worthy  of  trust,  until  the  party  shall  appear  who  has  a right 
to  demand  them;  but  if  the  heir  to  the  person  deceased  be  present, 
the  property  shall  be  delivered  to  him  without  interruption ; and  if  a 
will  shall  appear,  the  property  shall  descend  agreeable  to  that  will  as 
soon  as  the  Consul  shall  declare  the  validity  thereof. 

Article  XXIII. 

The  Consuls  of  the  United  States  of  America  shall  reside  in  any 
seaport  of  our  dominions  that  they  shall  think  proper ; and  they  shall 
be  respected  and  enjoy  all  the  privileges  which  the  Consuls  of  any 
other  nation  enjoy;  and  if  any  of  the  citizens  of  the  United  States 
shall  contract  any  debts  or  engagements,  the  Consul  shall  not  be  in 
any  manner  accountable  for  them,  unless  he  shall  have  given  a 
promise  in  writing  for  the  payment  or  fulfilling  thereof,  without 
which  promise,  in  writing,  no  application  to  him  for  any  redress  shall 
be  made. 


MOROCCO — 1787. 


1211 


Article  XXIV. 

If  any  differences  shall  arise  by  either  party  infringing  on  any  of 
the  articles  of  this  treaty,  peace  and  harmony  shall  remain  notwith- 
standing in  the  fullest  force,  until  a friendly  application  shall  be 
made  for  an  arrangement,  and  until  that  application  shall  be  rejected, 
no  appeal  shall  be  made  to  arms.  And  if  a war  shall  break  out  be- 
tween the  parties,  nine  months  shall  be  granted  to  all  the  subjects  of 
both  parties,  to  dispose  of  their  effects  and  retire  with  their  property. 
And  it  is  further  declared,  that  whatever  indulgences,  in  trade  or 
otherwise,  shall  be  granted  to  any  of  the  Christian  Powers,  the 
citizens  of  the  United  States  shall  be  entitled  to  them. 

Article  XXV. 

This  treaty  shall  continue  in  full  force,  with  the  help  of  God,  for 
fifty  years. 

We  have  delivered  this  book  into  the  hands  of  the  beforementioned 
Thomas  Barclay,  on  the  first  day  of  the  blessed  month  of  Ramadan,® 
in  the  year  one  thousand  two  hundred. 

I certify  that  the  annexed  is  a true  copy  of  the  translation  made  by 
Isaac  Cardoza  Nunez,  interpreter  at  Morocco,  of  the  treaty  between 
the  Emperor  of  Morocco  and  the  United  States  of  America. 

Thos.  Barclay. 


Additional  Article. 

Grace  to  the  only  God. 

I,  the  under-written,  the  servant  of  God,  Taher  Ben  Abdelkack 
Tennish,  do  certify  that  His  Imperial  Majesty,  my  master,  (whom 
God  preserve,)  having  concluded  a treaty  of  peace  and  commerce 
with  the  United  States  of  America,  has  ordered  me,  the  better  to  corn- 
pleat  it,  and  in  addition  of  the  tenth  article  of  the  treaty  to  declare, 
“ That  if  any  vessel  belonging  to  the  United  States  shall  be  in  any 
of  the  ports  of  His  Majesty’s  dominions,  or  within  gunshot  of  his 
forts,  she  shall  be  protected  as  much  as  possible ; and  no  vessel  what- 
ever, belonging  either  to  Moorish  or  Christian  Powers,  with  whom  the 
United  States  may  be  at  war,  shall  be  permitted  to  follow  or  engage 
her,  as  we  now  deem  the  citizens  of  America  our  good  friends.” 

And,  in  obedience  to  His  Majesty’s  commands,  I certify  this  decla- 
ration, by  putting  my  hand  and  seal  to  it,  on  the  eighteenth  day  of 
Ramadan,  in  the  year  one  thousand  two  hundred. 

The  servant  of  the  King,  my  master,  whom  God  preserve. 

TAHER  BEN  ABDELKACK  TENNISH. 

I do  certify  that  the  above  is  a true  copy  of  the  translation  made  at 
Morocco,  by  Isaac  Cordoza  Nunez,  interpreter,  of  a declaration  made 
and  signed  by  Sidi  Hage  Taher  Tennish,  in  addition  to  the  treaty 
between  the  Emperor  of  Morocco  and  the  United  ’States  of  America, 
which  declaration  the  said  Taher  Tennish  made  by  the  express  direc- 
tions of  His  Majesty. 

THOS.  BARCLAY. 


“The  Ramadan  of  the  year  of  the  Hegira  1200,  commenced  on  the  28th  of 
June  in  the  year  of  our  Lord  1786. 


1212 


TBEATIES,  CONVENTIONS,  ETC. 


Now,  know  ye,  that  we,  the  said  John  Adams  and  Thomas  Jefferson, 
Ministers  Plenipotentiary  aforesaid,  do  approve  and  conclude  the  said 
treaty,  and  every  article  and  clause  therein  contained,  reserving  the 
same  nevertheless  to  the  United  States  in  Congress  assembled,  for 
their  final  ratification. 

In  testimony  whereof,  we  have  signed  the  same  with  our  names  and 
seals,  at  the  places  of  our  respective  residence,  and  at  the  dates  ex- 
pressed under  our  signatures  respectively. 

[seat,.]  John  Adams, 

London,  January  26th,  1787. 

[seal.]  Thom.  Jefkerson, 

Paris,  January  1st,  1787. 


1836. 


Treaty  of  Peace  and  Friendship. 

Concluded  September  16,  18o6 ; rati-fication  advised  by  the  Senate 
January  17, 1837 ; ratified  by  the  President  January  28,  1837 ; pro- 
claimed January  30,  1837. 

Articles. 


I.  Emperor’s  consent. 

II.  No  service  with  an  enemy. 

III.  Captures. 

IV.  Ships’  passports. 

V.  Right  of  search. 

VI.  Release  of  captives. 

VII.  Supplies  to  vessels. 

VIII.  Repairs  to  vessels. 

IX.  Shipwrecks. 

X.  Protection  of  war  ships. 

XI.  Immunities  of  ports. 

XII.  Freedom  of  war  ships. 

XIII.  Salutes. 

XIV.  Most  favored  nation  commerce. 

XV.  Privileges  to  merchants. 

In  the  name  of  God,  the 


XVI.  Exchange  of  prisoners. 

XVII.  Trade  privileges. 

XVIII.  Examination  of  exports. 

XIX.  No  detention,  etc.,  of  vessels. 

XX.  Consul  to  decide  disputes  in 
Morocco. 

XXI.  Trials  of  homicides  and  as- 
saults. 

XXII.  Estates  of  deceased  Americans. 

XXIII.  Consular  privileges. 

XXIV.  Agreement  in  case  of  differ- 
ences: most  favored  nation 
privileges. 

XXV.  Duration. 


Merciful  and  Clement! 


Ti 

o 

(D 

a 

£ 


Praise  be  to  God  I 

This  is  the  copy  of  the  treaty  of  peace  which  we  have  made  with  the 
Americans,  and  written  in  this  book ; affixing  thereto  our  blessed  seal, 
that,  with  the  help  of  God,  it  may  remain  firm  forever. 

Written  at  Meccanez,  the  City  of  Olives,  on  the  3d  day  of  the 
month  Jumad  el  lahhar,  in  the  year  of  the  Hegira  1252.  (Corre- 
sponding to  September  16,  A.  D.  1836.) 


Abd 

Errahman 
Ibenu  Kesham, 
whom  God 
exalt ! 


MOEOCCO — 1836. 


1213 


AETICI.E  I. 

We  declare  that  both  parties  have  agreed  that  this  treaty,  consist- 
ing of  twenty  five  articles,  shall  be  inserted  in  this  book,  and  de- 
livered to  James  R.  Leib,  Agent  of  the  United  States,  and  now  their 
resident  Consul  at  Tangier,  with  whose  approbation  it  has  been 
made,  and  who  is  duly  authorized  on  their  part  to  treat  with  us 
concerning  all  the  matters  contained  therein. 

ARTICL.E  II. 

If  either  of  the  parties  shall  be  at  war  with  any  nation  whatever, 
the  other  shall  not  take  a commission  from  the  enemy,  nor  fight  under 
their  colors. 

Article  III. 

If  either  of  the  parties  shall  be  at  war  with  any  nation  whatever, 
and  take  a prize  belonging  to  that  nation,  and  there  shall  be  found 
on  board  subjects  or  effects  belonging  to  either  of  the  parties,  the 
subjects  shall  be  set  at  liberty,  and  the  effects  returned  to  the  owners. 
And  if  any  goods  belonging  to  any  nation,  with  whom  either  of  the 
parties  shall  be  at  war,  shall  be  loaded  on  vessels  belonging  to  the 
other  party,  they  shall  pass  free  and  unmolested,  without  any  attempt 
being  made  to  take  or  detain  them. 

Article  IV. 

A signal,  or  pass,  shall  be  given  to  all  vessels  belonging  to  both 
parties,  by  which  they  are  to  be  known  when  they  meet  at  sea ; and 
if  the  commander  of  a ship  of  war  of  either  party  shall  have  other 
ships  under  his  convoy,  the  declaration  of  the  commander  shall  alone 
be  sufficient  to  exempt  any  of  them  from  examination. 

Article  V. 

If  either  of  the  parties  shall  be  at  war,  and  shall  meet  a vessel  at 
sea  belonging  to  the  other,  it  is  agreed,  that  if  an  examination  is  to 
be  made,  it  shall  be  done  by  sending  a boat  with  two  or  three  men 
only;  and  if  any  gun  shall  be  fired,  and  injury  done,  without  reason, 
the  offending  party  shall  make  good  all  damages. 

Article  VI. 

If  any  Moor  shall  bring  citizens  of  the  United  States,  or  their 
effects,  to  His  Majesty,  the  citizens  shall  immediately  be  set  at  liberty, 
and  the  effects  restored ; and,  in  like  manner,  if  any  Moor,  not  a sub- 
ject of  these  dominions,  shall  make  prize  of  any  of  the  citizens  of 
America  or  their  effects,  and  bring  them  into  any  of  the  ports  of  His 
Majesty,  they  shall  be  immediately  released,  as  they  will  then  be  con- 
sidered as  under  His  Majesty’s  protection. 

Article  VII. 

If  any  vessel  of  either  party  shall  put  into  a port  of  the  other,  and 
have  occasion  for  provisions  or  other  supplies,  they  shall  be  furnished 
without  any  interruption  or  molestation. 


1214  TREATIES,  CONVENTIONS,  ETC. 

Article  VIII. 

If  any  vessel  of  the  United  States  shall  meet  with  a disaster  at  sea, 
and  put  into  one  of  our  ports  to  repair,  she  shall  be  at  liberty  to 
land  and  reload  her  cargo,  without  paying  any  duty  whatever. 

Article  IX. 

If  any  vessel  of  the  United  States  shall  be  cast  on  shore  on  any  part 
of  our  coasts,  she  shall  remain  at  the  disposition  of  the  owners,  and 
no  one  shall  attempt  going  near  her  without  their  approbation,  as 
she  is  then  considered  particularly  under  our  protection;  and  if  any 
vessel  of  the  United  States  shall  be  forced  to  put  into  our  ports  by 
stress  of  weather,  or  otherwise,  she  shall  not  be  compelled  to  land  her 
cargo,  but  shall  remain  in  tranquillity  until  the  commander  shall 
think  proper  to  proceed  on  his  voyage. 

Article  X. 

If  any  vessel  of  either  of  the  parties  shall  have  an  engagement  with 
a vessel  belonging  to  any  of  the  Christian  Powers,  within  gun-shot 
of  the  forts  of  the  other,  the  vessel  so  engaged  shall  be  defended  and 
protected  as  much  as  possible,  until  she  is  in  safety;  and  if  any 
American  vessel  shall  be  cast  on  shore,  on  the  coast  of  Wadnoon,  or 
any  coast  thereabout,  the  people  belonging  to  her  shall  be  protected 
and  assisted  until,  by  the  help  of  God,  they  shall  be  sent  to  their 
country. 

Article  XI. 

If  we  shall  be  at  war  with  any  Christian  Power,  and  any  of  our  ves- 
sels sail  from  the  ports  of  the  United  States,  no  vessel  belonging  to 
the  enemy  shall  follow  until  twenty-four  hours  after  the  departure 
of  our  vessels ; and  the  same  regulations  shall  be  observed  towards  the 
American  vessels  sailing  from  our  ports,  be  their  enemies  Moors  or 
Christians. 

Article  XII. 

If  any  ship  of  war  belonging  to  the  United  States  shall  put  into 
any  of  our  ports,  she  shall  not  be  examined  on  any  pretence  whatever, 
even  though  she  should  have  fugitive  slaves  on  board,  nor  shall  the 
governor  or  commander  of  the  place  compel  them  to  be  brought  on 
shore  on  any  pretext,  nor  require  any  payment  for  them. 

Article  XIII. 

If  a ship  of  war  of  either  party  shall  put  into  a port  of  the  other, 
and  salute,  it  shall  be  returned  from  the  tort  with  an  equal  number  of 
guns,  not  more  or  less. 


Article  XIV. 

The  commerce  with  the  United  States  shall  be  on  the  same  footing 
as  is  the  commerce  with  Spain,  or  as  that  with  the  most  favored 


MOROCCO — 1836. 


1215 


nation  for  the  time  being;  and  their  citizens  shall  be  respected  and 
esteemed,  and  have  full  liberty  to  pass  and  repass  our  country  and 
seaports  whenever  they  please,  without  interruption. 

Article  XV. 

INIerchants  of  both  countries  shall  employ  only  such  interpreters, 
and  such  other  persons  to  assist  them  in  their  business  as  they  shall 
think  proper.  No  commander  of  a vessel  shall  transport  his  cargo 
on  board  another  vessel ; he  shall  not  be  detained  in  port  longer  than 
he  may  think  proper;  and  all  persons  employed  in  loading  or  unload- 
ing goods,  or  in  any  other  labor  whatever,  shall  be  paid  at  the 
customary  rates,  not  more  and  not  less. 

Article  XVE. 

In  case  of  a war  between  the  parties,  the  prisoners  are  not  to  be 
made  slaves,  but  to  be  exchanged,  one  for  another,  captain  for  cap- 
tain, othcer  for  officer,  and  one  private  man  for  another;  and  if  there 
shall  prove  a deficiency  on  either  side,  it  shall  be  made  up  by  the 
payment  of  one  hundred  Mexican  dollars  for  each  person  wanting. 
And  it  is  agreed  that  all  prisoners  shall  be  exchanged  in  twelve 
months  from  the  time  of  their  being  taken,  and  that  this  exchange 
may  be  effected  by  a merchant  or  any  other  person  authorized  by 
either  of  the  parties. 


Article  XVII. 

Merchants  shall  not  be  compelled  to  buy  or  sell  any  kind  of  goods 
but  such  as  they  shall  think  proper,  and  ma}?^  buy  and  sell  all  sorts 
of  merchandise  but  such  as  are  prohibited  to  the  other  Christian 
nations. 

Article  XVIII. 

All  goods  shall  be  weighed  and  examined  before  they  are  sent  on 
board;  and  to  avoid  all  detention  of  vessels,  no  examination  shall 
afterwards  be  made,  unless  it  shall  first  be  proved  that  contraband 
goods  have  been  sent  on  board,  in  which  case  the  persons  who  took 
the  contraband  goods  on  board  shall  be  punished  according  to  the 
usage  and  custom  of  the  country,  and  no  other  person  whatever  shall 
be  injured,  nor  shall  the  ship  or  cargo  incur  any  penalty  or  damage 
whatever. 

Article  XIX. 

No  vessel  shall  be  detained  in  port  on  any  pretence  whatever,  nor 
be  obliged  to  take  on  board  any  article  without  the  consent  of  the 
commander,  who  shall  be  at  full  liberty  to  agree  for  the  freight  of 
any  goods  he  takes  on  board. 

Article  XX. 

If  any  of  the  citizens  of  the  United  States,  or  any  persons  under 
their  protection,  shall  have  any  dispute  with  each  other,  the  Consul 


1216 


TKEATIES,  CONVENTIONS,  ETC. 


shall  decide  between  the  parties;  and  whenever  the  Consul  shall 
require  any  aid  or  assistance  from  our  Government  to  enforce  his 
decisions,  it  shall  be  immediately  granted  to  him. 

Article  XXI. 

If  a citizen  of  the  United  States  should  kill  or  wound  a Moor,  or, 
on  the  contrary,  if  a Moor  shall  kill  or  wound  a citizen  of  the  United 
States,  the  law  of  the  country  shall  take  place,  and  equal  justice  shall 
be  rendered,  the  Consul  assisting  at  the  trial ; and  if  any  delinquent 
shall  make  his  escape,  the  Consul  shall  not  be  answerable  for  him  in 
any  manner  whatever. 

Article  XXII. 

If  an  American  citizen  shall  die  in  our  country  and  no  will  shall 
appear,  the  Consul  shall  take  possession  of  his  effects;  and  if  tiiere 
shall  be  no  Consul,  the  effects  shall  be  deposited  in  the  hands  of  some 
person  worthy  of  trust,  until  the  party  shall  appear  who  has  a right 
to  demand  them;  but  if  the  heir  to  the  person  deceased  be  present, 
the  property  shall  be  delivered  to  him  without  interruption;  and  if 
a will  shall  appear,  the  property  shall  descend  agreeably  to  that  will, 
as  soon  as  the  Consul  shall  declare  the  validity  thereof. 

Article  XXIII. 

The  Consul  of  the  United  States  of  America  shall  reside  in  any 
seaport  of  our  dominions  that  they  shall  think  proper,  and  they  shall 
be  respected  and  enjoy  all  the  privileges  which  the  Consuls  of  any 
other  nation  enjoy;  and  if  any  of  the  citizens  of  the  United  States 
shall  contract  any  debts  or  engagements,  the  Consul  shall  not  be  in 
any  manner  accountable  for  them,  unless  he  shall  have  given  a prom- 
ise in  writing  for  the  payment  or  fulfilling  thereof,  without  which 
promise  in  writing  no  application  to  him  for  any  redress  shall  be 
made. 

Article  XXIV. 

If  any  differences  shall  arise  by  either  party  infringing  on  any  of 
the  articles  of  this  treaty,  peace  and  harmony  shall  remain,  notwith- 
standing, in  the  fullest  force,  until  a friendly  application  shall  be 
made  for  an  arrangement;  and  until  that  application  shall  be  re- 
jected, no  appeal  shall  be  made  to  arms.  And  if  a war  shall  break 
out  between  the  parties,  nine  months  shall  be  granted  to  all  the  sub- 
jects of  both  parties  to  dispose  of  their  effects  and  retire  with  their 
property.  And  it  is  further  declared  that  whatever  indulgence,  in 
trade  or  otherwise,  shall  be  granted  to  any  of  the  Christian  Powers, 
the  citizens  of  the  United  States  shall  be  equally  entitled  to  them. 

Article  XXV. 

This  treaty  shall  continue  in  force,  with  the  help  of  God,  for  fifty 
years;  after  the  expiration  of  which  term,  the  treaty  shall  continue 
to  be  binding  on  both  parties,  until  the  one  shall  give  twelve  months’ 
notice  to  the  other  of  an  intention  to  abandon  it;  in  which  case  its 
operations  shall  cease  at  the  end  of  the  twelve  months. 


MOKOCCO — ^1836-1865. 


1217 


CoNSinLATE  OF  THE  UNITED  StATES  OF  AmeEICA 

Foe  the  Empiee  of  Moeocco. 

To  all  whom  it  may  concern. 

Be  it  known. 

Whereas  the  undersigned,  James  E.  Leib,  a citizen  of  the  United 
States  of  North  America,  and  now  their  resident  Consul  at  Tangier, 
having  been  duly  appointed  Commissioner  by  letters-patent,  under 
the  signature  of  the  President  and  seal  of  the  United  States  of  North 
America,  bearing  date,  at  the  city  of  Washington,  the  fourth  day  of 
July,  A.  D.  1835,  for  negotiating  and  concluding  a treaty  of  peace 
and  friendship  between  the  United  States  of  North  America  and  the 
Empire  of  Morocco:  I,  therefore,  James  E.  Leib,  Commissioner  as 
aforesaid,  do  conclude  the  foregoing  treaty  and  every  article  and 
clause  therein  contained,  reserving  the  same,  nevertheless,  for  the 
final  ratification  of  the  President  of  the  United  States  of  North 
America,  by  and  with  the  advice  and  consent  of  the  Senate. 

In  testimony  whereof  I have  hereunto  affixed  my  signature  and 
the  seal  of  this  consulate,  on  the  first  day  of  October,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  thirty-six,  and  of  the 
Independence  of  the  United  States  the  sixty-first. 

[seal,.]  James  E.  Leib. 


1865. 

Convention  as  to  Cape  Spaetel  Light- House. 

Concluded  between  the  United  States^  Austria,  Belgium,  France, 
Great  Britain,  Italy,  The  N etherlands,  Portugal,  Spain,  and  Swe- 
den and  Norway,  and  Morocco,  May  31,  1865;  rati^cation  advised 
hy  the  Senate  July  6, 1866 ; ratified  hy  the  President  July  11, 1866; 
ratifications  exchanged  February  Ilf,  1867;  proclaimed  March  12, 
1867. 


Articles. 


I.  Administration  of  the  light-house. 

II.  Expense  of  maintenance. 

III.  Protection. 

IV.  Management. 


V.  Duration. 
VI.  Regulations. 
VII.  Ratification. 


In  the  name  of  the  only  God ! There  is  no  strength  nor  power  but 
of  God. 

His  Excellency  the  President  of  the  United  States  of  America,  and 
His  Majesty  the  Emperor  of  Austria,  King  of  Hungary  and  Bohemia, 
His  Majesty  the  King  of  the  Belgians,  Her  Majesty  the  Queen  of 
Spain,  His  Majesty  the  Emperor  of  the  French,  Her  Majesty  the 
Queen  of  the  United  Kingdom  of  Great  Britain  and  Ireland,  His 
Majesty  the  King  of  Italy,  His  Majesty  the  King  of  the  Netherlands, 
His  Majesty  the  King  of  Portugal  and  the  Algarves,  His  Majesty 
the  King  of  Sweden  and  Norway,  and  His  Majesty  the  Sultan  of 
Morocco  and  of  Fez,  moved  by  a like  desire  to  assure  the  safety  of 
navigation  along  the  coasts  of  Morocco,  and  desirous  to  provide,  of 

24449— VOL  1—10 77 


1218 


TREATIES,  CONVENTIONS,  ETC. 


common  accord,  the  measures  most  proper  to  attain  this  end,  have 
resolved  to  conclude  a special  convention,  and  have  for  this  purpose 
appointed  their  Plenipotentiaries,  to  wit : 

His  Excellency  the  President  of  the  Republic  of  the  United  States ; 
Jesse  Harland  McMath,  esquire,  his  Consul-General  near  his  Ma- 
jesty the  Sultan  of  Morocco; 

His  Majesty  the  Emperor  of  Austria,  King  of  Hungary  and  of 
Bohemia:  Sir  John  Hay  Drummond  Hay,  commander  of  the  very 
honorable  Order  of  the  Bath,  his  General  Agent  ad  interim  near  his 
Majesty  the  Sultan  of  Morocco; 

His  Majesty  the  King  of  the  Belgians:  Ernest  Daluin,  knight  of 
his  Order  of  Leopold,  commander  of  number  of  the  Order  of  Isabella 
the  Catholic,  of  Spain,  commander  of  the  Order  of  Nichan  Eftikhar 
of  Tunis,  his  Consul-General  for  the  west  coast  of  Africa ; 

Her  Majesty  the  Queen  of  Spain:  Don  Francisco  Merry  y Colom, 
Grand  Cross  of  the  Order  of  Isabella  the  Catholic,  knight  of  the 
Order  of  St.  John  of  Jerusalem,  decorated  with  the  Imperial  Otto- 
man Order  of  Med j idle  of  the  3d  class,  officer  of  the  Order  of  the 
Legion  of  Honor,  her  Minister  Resident  near  His  Majesty  the  Sultan 
of  Morocco ; 

His  Majesty  the  Emperor  of  the  French:  Auguste  Louis  Victor, 
Baron  Ayme  d’Aquin,  officer  of  the  Legion  of  Honor,  commander  of 
the  Order  of  Francis  the  First  of  the  Two  Sicilies,  commander  of 
the  Order  of  St.  Maurice  and  Lazarus  of  Italy,  commander  of  the 
Order  of  Christ  of  Portugal,  commander  of  the  Order  of  the  Lion  of 
Brunswick,  knight  of  the  Order  of  Constantine  of  the  Two  Sicilies, 
knight  of  the  Order  of  Guelphs  of  Hanover,  his  Plenipotentiary  near 
His  Majesty  the  Sultan  of  Morocco; 

Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain 
and  Ireland:  Sir  John  Hay  Drummond  Hay,  commander  of  the  very 
honorable  Order  of  the  Bath,  her  Minister  Resident  near  his  Majesty 
the  Sultan  of  Morocco ; 

His  Majesty  the  King  of  Italy:  Alexander  Verdinois,  knight  of 
the  Order  of  St.  Maurice  and  Lazarus,  Agent  and  Consul-General  of 
Italy  near  His  Majesty  the  Sultan  of  Morocco; 

His  Majesty  the  King  of  the  Netherlands:  Sir  John  Hay  Drum- 
mond Hay,  commander  of  the  very  honorable  Order  of  the  Bath, 
Acting  Consul-General  of  the  Netherlands  in  Morocco; 

His  Majesty  the  King  of  Portugal  and  the  Algarves:  Jose  Daniel 
Colago,  commander  of  his  Order  of  Christ,  knight  of  the  Order  of 
the  Rose  of  Brazil,  his  Consul-General  near  His  Majesty  the  Sultan 
of  Morocco ; 

His  Majesty  the  King  of  Sweden  and  of  Norway:  Selim  d’Ehren- 
hoff,  knight  of  the  Order  of  Wasa,  his  Consul-General  near  His 
Majesty  the  Sultan  of  Morocco; 

And  His  Majesty  the  Sultan  of  Morocco  and  of  Fez,  the  Literary 
Sid  Mohammed  Bargash,  his  Minister  for  Foreign  Affairs — 

Wlio,  after  having  exchanged  their  full  powers,  found  in  good  and 
due  form,  have  agreed  upon  the  following  articles : 

Article  I. 

His  Majesty  Scherifienne,  having,  in  an  interest  of  humanity,  or- 
dered the  construction,  at  the  expense  of  the  Government  of  Morocco, 


MOKOCCO — 1865. 


1219 


of  a light-house  at  Cape  Spartel,  consents  to  devolve,  throughout  the 
duration  of  the  present  convention,  the  superior  direction  and  admin- 
istration of  this  establishment  on  the  representatives  of  the  contract- 
ing Powers.  It  is  well  understood  that  this  delegation  does  not  im- 
port any  encroachment  on  the  rights,  proprietary  and  of  sovereignty, 
of  the  Sultan,  whose  flag  alone  shall  be  hoisted  on  the  tower  of  the 
Pharos. 

Article  II. 

The  Government  of  Morocco  not  at  this  time  having  any  marine 
either  of  war  or  commerce,  the  expenses  necessary  for  upholding  and 
managing  the  light-house  shall  be  borne  by  the  contracting  Powers 
by  means  of  an  annual  contribution,  the  quota  of  which  shall  be  alike 
for  all  of  them.  If,  hereafter,  the  Sultan  should  have  a naval  or  com- 
mercial marine,  he  binds  himself  to  take  share  in  the  expenses  in  like 
proportion  with  the  other  subscribing  Powers.  The  expenses  of  re- 
pairs, and  in  need  of  reconstruction,  shall  also  be  at  his  cost. 

Article  III. 

The  Sultan  will  furnish  for  security  of  the  light-house  a guard, 
composed  of  a Kaid  and  four  soldiers.  He  engages,  besides,  to  pro- 
vide for,  by  all  the  means  in  his  power,  in  case  of  war,  whether  in- 
ternal or  external,  the  preservation  of  this  establishment,  as  well  as 
for  the  safety  of  the  keepers  and  persons  employed.  On  the  other 
part,  the  contracting  Powers  bind  themselves,  each  so  far  as  con- 
cerned, to  respect  the  neutrality  of  the  light-house,  and  to  continue 
the  payment  of  the  contribution  intended  to-  uphold  it,  even  in  case 
(which  God  forbid)  hostilities  should  break  out  either  between  them 
or  between  one  of  them  and  the  Empire  of  Morocco. 

Article  IV. 

The  representatives  of  the  contracting  Powers,  charged  in  virtue  of 
Article  I of  the  present  convention,  with  the  superior  direction  and 
management  of  the  light-house,  shall  establish  the  necessary  regula- 
tions for  the  service  and  superintendence  of  this  establishment,  and 
no  modification  shall  be  afterward  applied  to  these  articles,  except 
by  common  agreement  between  the  contracting  Powers. 

Article  V. 

The  present  convention  shall  continue  in  force  for  ten  years.  In 
case,  within  six  months  of  the  expiration  of  this  term,  none  of  the 
high  contracting  parties  should,  by  official  declaration,  have  made 
known  its  purpose  to  bring  to  a close,  so  far  as  may  concern  it,  the 
effects  of  this  convention,  it  shall  continue  in  force  for  one  year  more, 
and  so  from  year  to  year,  until  due  notice. 

Article  VI. 

The  execution  of  the  reciprocal  engagements  contained  in  the 
present  convention  is  subordinated,  so  far  as  needful,  to  the  accom- 
plishment of  the  forms  and  regulations  established  by  the  constitu- 


1220 


TREATIES,  CONVENTIONS,  ETC, 


tional  laws  of  those  of  the  high  contracting  Powers  who  are  held  to 
ask  for  their  application  thereto,  which  they  bind  themselves  to  do 
with  the  least  possible  delay. 

Article  VII. 

The  present  convention  shall  be  ratified,  and  the  ratifications  be 
exchanged  at  Tangier  as  soon  as  can  be  done. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  and 
afiixed  thereto  the  seals  of  their  arms. 

Done  in  duplicate  original,  in  French  and  in  Arabic,  at  Tangier, 
protected  of  God,  the  fifth  day  of  the  moon  of  Moharrem,  year  of  the 
Hegira  1282,  which  corresponds  with  the  31st  of  the  month  of  May 
of  the  year  one  thousand  eight  hundred  and  sixty-five. 

[seal.]  Jesse  H.  McMath. 

[seal.]  J.  H.  Drummond  Hay. 

[seal.]  Ernest  Daluin. 

[seal.]  Francisco  Merry  y Colom. 

[seal.]  Ayme  D’Aquin. 

[seal.]  J.  H.  Drummond  Hay. 

[seal.]  Alex’re  Verdinois. 

[seal.]  j.  H.  Drummond  Hay. 

[seal.]  Jose  Daniel  CoLAgo. 

[seal.]  S.  D’Ehrenhoff. 

[seal.]  [Signature  of  Sid  Mohammed  Bargash,  in  Arabic.] 


1880.“ 

Convention  as  to  Protection.® 

Concluded  between  the  United  States,  Germany,  Austria,  Belgium, 
Denmark,  Spain,  France,  Great  Britain,  Italy,  the  Netherlands, 
Portugal  and  Sweden  and  Nomjoay  and  Morocco,  July  3,  1880; 
ratification  advised  by  the  Senate  May  5,  1881;  ratified  by  the 
President  May  10,  1881;  proclaimed  December  21,  1881. 

Articles. 


I.  Conditions  of  protection. 

II.  Employees  of  legations. 

III.  Consular  employees. 

IV.  Diplomatic  rights;  suits;  prose- 

cutions. 

V.  Native  consular  agents. 

VI.  Extent  of  protection. 

VII.  Names  to  be  furnished  by  lega- 
tions. 

VIII.  Names  to  be  furnished  by  con- 
sulates. 


IX.  Classes  not  protected. 

X.  Brokers. 

XI.  Property  rights. 

XII.  Agricultural  tax. 

XIII.  Gate  tax. 

XIV.  Mediation  of  native  employees. 

XV.  Naturalization. 

XVI.  Limitation  of  protection. 

XVII.  Most  favored  nation  treatment. 
XVIII.  Ratification. 


[Translation.] 

His  Excellency  the  President  of  the  United  States  of  America ; His 
Majesty  the  Emperor  of  Germany,  King  of  Prussia;  His  Majesty  the 
Emperor  of  Austria,  King  of  Hungary;  His  Majesty  the  King  of  the 


“ The  original  convention  submitted  to  the  Senate  and  proclaimed  by  the 
President  is  in  the  French  language,  from  which  the  translation  here  printed 
was  made  by  the  Department  of  State.  See  General  Act,  Algeciras,  p.  2157. 


MOROCCO — ^1880. 


1221 


Belgians;  His  Majesty  the  King  of  Denmark;  His  Majesty  the  King 
of  Spain;  His  Excellency  the  President  of  the  French  Kepublic; 
Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain 
and  Ireland;  His  Majesty  the  King  of  Italy;  His  Majesty  the  Sultan 
of  Morocco;  His  Majesty  the  King  of  the  Netherlands;  His  Majesty 
the  King  of  Portugal  and  the  Algarves;  His  Majesty  the  King  of 
Sweden  and  Norway; 

Having  recognized  the  necessity  of  establishing,  on  fixed  and  uni- 
form bases,  the  exercise  of  the  right  of  protection  in  Morocco,  and  of 
settling  certain  questions  connected  therewith,  have  appointed  as 
their  plenipotentiaries  at  the  conference  assembled  for  that  purpose 
at  Madrid,  to  wit: 

His  Excellency  the  President  of  the  United  States  of  America, 
General  Lucius  Fairchild,  Envoy  Extraordinary  and  Minister  Pleni- 
potentiary of  the  United  States  near  his  Catholic  Majesty; 

His  Majesty  the  Emperor  of  Germany,  King  of  Prussia,  Count 
Eberhardt  de  Solms-Sonnewalde,  Knight  Commander  of  the  first 
class  of  his  Order  of  the  Red  Eagle  with  oak  leaves,  Knight  of  the 
Iron  Cross,  etc.,  etc.,  his  Envoy  Extraordinary  and  Minister  Pleni- 
potentiary near  His  Catholic  Majesty; 

His  Majesty  the  Emperor  of  Austria,  King  of  Hungary,  Count 
Emanuel  Ludolf,  his  Privy  Councillor  in  actual  service.  Grand  Cross 
of  the  Imperial  Order  of  Leopold,  Knight  of  the  first  class  of  the 
Order  of  the  Iron  Crown,  etc.,  etc.,  his  Envoy  Extraordinary  and 
Minister  Plenipotentiary  near  His  Catholic  Majesty; 

His  Majesty  the  King  of  the  Belgians,  Mr.  Edward  Anspach, 
Officer  of  his  Order  of  Leopold,  etc.,  etc.,  his  Envoy  Extraordinary 
and  Minister  Plenipotentiary  near  his  Catholic  Majesty; 

His  Majesty  the  King  of  Spain,  Don  Antonio  Canovas  del  Castillo, 
Knight  of  the  distinguished  Order  of  the  Golden  Fleece,  etc.,  etc.. 
President  of  his  Council  of  Ministers ; 

His  Excellency  the  President  of  the  French  Republic,  Vice-Ad- 
miral Jaures,  Senator,  Knight  Commander  of  the  Legion  of  Honor, 
etc.,  etc..  Ambassador  of  the  French  Republic  near  His  Catholic 
Majesty; 

Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain 
and  Ireland,  the  Honorable  Lionel  Sackville  Sackville  West,  her 
Envoy  Extraordinary  and  Minister  Plenipotentiary  near  His  Cath- 
olic Majesty  who  is  likewise  authorized  to  represent  His  Majesty  the 
King  of  Denmark; 

His  Majesty  the  King  of  Italy,  Count  Joseph  Greppi,  Grand 
Officer  of  the  Order  of  Saint  Maurice  and  Saint  Lazarus,  of  that  of 
the  Crown  of  Italy,  etc.,  etc.,  his  Envoy  Extraordinary  and  Minister 
Plenipotentiary  near  His  Catholic  Majesty; 

His  Majesty  the  Sultan  of  Morocco,  the  Taleb  Sid  Mohammed 
Vargas,  his  Minister  of  Foreign  Affairs  and  Ambassador  Extraor- 
dinary ; 

His  Majesty  the  King  of  the  Netherlands,  Jonkheer  Maurice  de 
Heldewier,  Commander  of  the  Royal  Order  of  the  Lion  of  the 
Netherlands,  Knight  of  the  Order  of  the  Oaken  Crown  of  Luxem- 
burg, etc.,  etc.,  his  Minister  Resident  near  His  Catholic  Majesty; 

His  Majesty  the  King  of  Portugal  and  the  Algarves,  Count  de 
Casal  Ribeiro,  Peer  of  the  Realm,  Grand  Cross  of  the  Order  of 
Christ,  etc.,  etc.,  his  Envoy  Extraordinary  and  Minister  Plenipo- 
tentiary near  His  Catholic  Majesty; 


1222 


TKEATIES,  CONVENTIOKS,  ETC. 


His  Majesty  the  King  of  Sweden  and  Xorway,  Mr.  Henry  Aker- 
man,  Knight  Commander  of  the  first  class  of  the  Order  of  Wasa, 
etc.,  etc.,  his  Minister  Eesident  near  His  Catholic  Majesty; 

IVlio,  in  virtue  of  their  full  powers,  recognized  as  being  in  good 
and  due  form,  have  agi’eed  upon  the  following  articles ; 

Akticle  1. 

The  conditions  under  which  protection  may  be  conceded  are  those 
established  in  the  British  and  Spanish  treaties  with  the  Government 
of  Morocco,  and  in  the  convention  made  between  that  Government, 
France  and  other  powers  in  1863,  with  the  modifications  introduced 
by  the  present  convention. 

Article  2. 

Foreign  Eepresentatives  at  the  head  of  a Legation  may  select 
their  interpreters  and  employees  from  among  the  subjects  of  Mo- 
rocco or  others. 

These  protected  persons  shall  be  subject  to  no  duty,  impost  or 
tax  whatever,  other  than  those  stipulated  in  articles  12  and  13. 

Article  3. 

Consuls,  Vice  consuls  or  Consular  Agents  having  charge  of  a post, 
and  residing  within  the  territory  of  the  Sultan  of  Morocco,  shall  be 
allowed  to  select  but  one  interpreter,  one  soldier  and  two  servants 
from  among  the  subjects  of  the  Sultan,  unless  they  may  require  a 
native  secretary. 

These  protected  persons  shall,  in  like  manner,  be  subject  to  no 
duty,  impost  or  tax  whatever,  other  than  those  stipulated  in  articles 
12  and  13. 

Article  4. 

If  a Eepresentative  shall  appoint  a subject  of  the  Sultan  to  the 
office  of  Consular  Agent  in  a town  on  the  coast,  such  agent  shall  be 
respected  and  honored,  as  shall  the  members  of  his  family  occupy- 
ing the  same  dwelling  with  him,  and  they,  like  him  shall  be  sub- 
ject to  no  duty,  impost  or  tax  whatever,  other  than  those  stipulated 
in  articles  12  and  13 ; but  he  shall  not  have  the  right  to  protect  any 
subjects  of  the  Sultan  other  than  the  members  of  his  own  family. 

He  may,  however,  for  the  exercise  of  his  functions,  have  a pro- 
tected soldier. 

Officers  in  acting  charge  of  Vice  Consulates  being  subjects  of  the 
Sultan,  shall,  during  the  exercise  of  their  functions,  enjoy  the  same 
rights  as  Consular  Agents  who  are  subjects  of  the  Sultan. 

Article  5. 

The  Government  of  Morocco  recognizes  the  right  of  Ministers, 
Charges  d’Afi'aires  and  other  Eejiresentatives.  which  is  granted  to 
them  by  treaties,  to  select  the  persons  whom  they  employ,  either  in 
their  own  service  or  that  of  their  goA^ernments,  unless  such  persons 
shall  be  sheiks  or  other  employees  of  the  Government  of  Morocco, 


MOROCCO— 1880. 


1223 


such  as  soldiers  of  the  line  or  of  the  cavalry,  excepting  the  Maghaz- 
nias  appointed  as  their  guard.  In  like  manner  they  shall  not  be  per- 
mitted to  employ  any  subject  of  Morocco  who  is  under  prosecution. 

It  is  understood  that  civil  suits  commenced  before  protection,  shall 
be  terminated  before  the  courts  which  have  instituted  such  proceed- 
ings. The  execution  of  the  sentence  shall  suffer  no  hindrance.  Nev- 
ertheless, the  local  authorities  of  Morocco  shall  take  care  to  com- 
municate, without  delay,  the  sentence  pronounced,  to  the  Legation, 
Consulate  or  Consular  Agency  upon  which  the  protected  person  is 
dependent. 

As  to  those  persons  formerly  protected,  who  may  have  a suit  which 
was  commenced  before  protection  was  withdrawn  from  them,  their 
case  shall  be  tried  by  the  court  before  which  it  was  originally 
brought. 

The  right  of  protection  shall  not  be  exercised  towards  persons 
under  prosecution  for  an  offense  or  crime,  before  they  have  been 
tried  by  the  authorities  of  the  country,  or  before  their  sentence,  if 
any  has  been  pronounced,  has  been  executed. 

Article  6. 

Protection  shall  extend  to  the  family  of  the  person  protected. 
His  dwelling  shall  be  respected. 

It  is  understood  that  the  family  is  to  consist  only  of  the  wife,  the 
children,  and  the  minor  relatives  dwelling  under  the  same  roof. 

Protection  shall  not  be  hereditary.  A single  exception,  which  was 
established  by  the  convention  of  1863,  but  which  is  not  to  create  a 
precedent,  shall  be  maintained  in  favor  of  the  Benchimol  family. 

Nevertheless,  if  the  Sultan  of  Morocco  shall  grant  another  excep- 
tion, each  of  the  contracting  powers  shall  be  entitled  to  claim  a simi- 
lar concession. 

Article  I. 

Foreign  representatives  shall  inform  the  Sultan’s  Minister  of  For- 
eign Affairs,  in  writing,  of  any  selections  of  an  employee  made  by 
them. 

They  shall  furnish  annually  to  the  said  Minister  a list  of  the  names 
of  the  persons  protected  by  them  or  by  their  Agents  throughout  the 
States  of  the  Sultan  of  Morocco. 

This  list  shall  be  transmitted  to  the  local  authorities,  who  shall 
consider  as  persons  enjoying  protection  only  those  whose  names  are 
contained  therein. 

Article  8. 

Consular  officers  shall  transmit  each  year  to  the  authorities  of  the 
district  in  which  they  reside  a list,  bearing  their  seal,  of  the  persons 
protected  by  them.  These  authorities  shall  transmit  it  to  the  Min- 
ister of  Foreign  Affairs,  to  the  end  that,  if  it  be  not  conformable 
to  the  regulations,  the  Representatives  at  Tangier  may  be  informed 
of  the  fact. 

A consular  officer  shall  be  required  to  give  immediate  information 
of  any  changes  that  may  have  taken  place  among  the  persons  pro- 
tected by  his  Consulate. 


1224  TREATIES,  CONTENTIONS,  ETC. 

Aeticie  9. 

Servants,  farmers  and  other  native  employees  of  native  secretaries 
and  interpreters  shall  not  enjoy  protection.  The  same  shall  be  the 
case  with  Moorish  employees  or  servants  of  foreign  subjects. 

Nevertheless,  the  local  authorities  shall  not  arrest  an  employee 
or  servant  of  a native  officer  in  the  service  of  a Legation  or  Consulate, 
or  of  a foreign  subject  or  protected  person,  without  having  notified 
the  authority  upon  which  he  is  dependent. 

If  a subject  of  Morocco  in  the  service  of  a foreign  subject  shall  kill 
or  wound  any  person,  or  violate  his  domicile,  he  shall  be  arrested 
immediately,  but  the  diplomatic  or  consular  authority  under  which 
he  is  shall  be  notified  without  delay. 

Article  10. 

Nothing  is  changed  with  regard  to  the  situation  of  brokers,  as 
established  by  the  treaties  and  by  the  convention  of  1863,  except 
what  is  stipulated,  relative  to  taxes,  in  the  following  articles. 

Article  11. 

The  right  to  hold  property  is  recognized  in  Morocco  as  belonging 
to  all  foreigners. 

The  purchase  of  property  must  take  place  with  the  previous  con- 
sent of  the  Government,  and  the  title  of  such  property  shall  be  sub- 
ject to  the  forms  prescribed  by  the  laws  of  the  country. 

Any  question  that  may  arise  concerning  this  right  shall  be  decided 
according  to  the  same  laws,  with  the  privilege  of  appeal  to  the  Min- 
ister of  Foreign  Affairs  stipulated  in  the  treaties. 

Article  12. 

F oreigners  and  protected  persons  who  are  the  owners  or  tenants  of 
cultivated  land,  as  well  as  brokers  engaged  in  agriculture,  shall  pay 
the  agricultural  tax.  They  shall  send  to  their  Consul  annually,  an 
exact  statement  of  what  they  possess  delivering  into  his  hands  the 
amount  of  the  tax. 

He  who  shall  make  a false  statement,  shall  be  fined  double  the 
amount  of  the  tax  that  he  would  regularly  have  been  obliged  to  pay 
for  the  property  not  declared.  In  case  of  repeated  offense  this  me 
shall  be  doubled. 

The  nature,  method,  date  and  apportionment  of  this  tax  shall  form 
the  subject  of  a special  regulation  between  the  Representatives  of  the 
Powers  and  the  Minister  of  Foreign  Affairs  of  His  Shereefian 
Majesty. 

Article  13. 

Foreigners,  protected  persons  and  brokers  owning  beasts  of  burden 
shall  pay  what  is  called  the  gate-tax.  The  apportionment  and  the 
manner  of  collecting  this  tax  which  is  paid  alike  by  foreigners  and 
natives,  shall  likewise  form  the  subject  of  a special  regulation  be- 
tween the  Representatives  of  the  Powers  and  the  Minister  of  Foreign 
Affairs  of  His  Shereefian  Majesty. 

The  said  tax  shall  not  be  increased  without  a new  agreement  with 
the  Representatives  of  the  Powers. 


MOBOCCO — ^1880. 


1225 


AnTICIiE  14. 

The  mediation  of  interpreters,  native  secretaries  or  soldiers  of  the 
different  Legations  or  Consulates,  when  persons  who  are  not  under 
the  protection  of  the  Legation  or  Consulate  are  concerned  shall  be 
admitted  only  when  they  are  the  bearers  of  a document  signed  by  the 
head  of  a mission  or  by  the  consular  authority. 

Article  15. 

Any  subject  of  Morocco  who  has  been  naturalized  in  a foreign 
country,  and  who  shall  return  to  Morocco,  shall  after  having  re- 
mained for  a length  of  time  equal  to  that  which  shall  have  been  regu- 
larly necessary  for  him  to  obtain  such  naturalization,  choose  between 
entire  submission  to  the  laws  of  the  Empire  and  the  obligation  to  quit 
Morocco,  unless  it  shall  be  proved  that  his  naturalization  in  a foreign 
country  was  obtained  with  the  consent  of  the  Government  of  Morocco. 

Foreign  naturalization  heretofore  acquired  by  subjects  of  Morocco 
according  to  the  rules  established  by  the  laws  of  each  country,  shall 
be  continued  to  them  as  regards  all  its  effects,  without  any  restriction. 

Article  16. 

No  irregular  or  unofficial  protection  shall  be  granted  in  future. 
The  authorities  of  Morocco  will  recognize  no  protection,  of  any  kind 
whatever,  save  such  as  is  expressly  provided  for  in  this  convention. 

Nevertheless,  the  exercise  of  the  customary  right  of  protection  shall 
be  reserved  for  those  cases  only  in  which  it  may  be  desired  to  reward 
signal  services  rendered  by  a native  of  Morocco  to  a foreign  power, 
or  for  other  altogether  exceptional  reasons. 

The  Minister  of  Foreign  Affairs  at  Tangier  shall  be  previously  in- 
formed of  the  nature  of  the  services,  and  notified  of  the  intention  to 
reward  them,  in  order  that  he  may,  if  need  be,  present  his  observations 
thereon ; yet  the  final  decision  shall  be  reserved  for  the  Government  to 
which  the  service  shall  have  been  rendered. 

The  number  of  persons  thus  protected  shall  not  exceed  twelve  for 
each  power,  and  this  number  is  fixed  as  the  maximum  unless  the  con- 
sent of  the  Sultan  shall  be  obtained. 

The  status  of  persons  who  have  obtained  protection  in  virtue  of  the 
custom  which  is  henceforth  to  be  regulated  by  this_  stipulation  shall 
be  without  limitation  of  the  number  of  persons  belonging  to  this  class 
and  now  so  protected,  the  same  for  themselves  and  their  families  as 
that  which  is  established  for  other  protected  persons. 

Article  17. 

The  right  to  the  treatment  of  the  most  favored  nation  is  recognized 
by  Morocco  as  belonging  to  all  the  powers  represented  at  the  Madrid 
conference. 

Article  18. 

This  convention  shall  be  ratified.  The  ratifications  shall  be  ex- 
changed at  Tangier  with  as  little  delay  as  possible. 


1226 


TREATIES,  CONVENTIONS,  ETC. 


By  exceptional  consent  of  the  high  contracting  parties  the  stipula- 
tions of  this  convention  shall  take  effect  on  the  day  on  which  it  is 
signed  at  Madrid. 

In  faith  whereof  the  respective  plenipotentiaries  have  signed  this 
convention,  and  have  thereunto  affixed  the  seals  of  their  arms. 

Done  at  Madrid,  in  thirteen  originals,  the  third  day  of  July,  one 
thousand  eight  hundred  and  eighty. 


[seal.] 

[seal.] 

[seal.] 

[seal.] 

[seal.] 

[seal.] 

[seal.] 

[seal.] 

[seal.] 

[seal.] 

[seal.] 

[seal.] 


LtJCius  Fairchild. 

E.  DE  SoLMS. 

E.  Ludolf. 

Anspach. 

A.  Canovas  del  Castillo. 
Jaures. 

L.  S.  Sackville  West. 

J.  Greppi. 

Mohammed  Vargas,  (ci^^lera.) 
Heldewier. 

Casal  Ribiero. 

Akerman. 


Regulations  “ relative  to  protection  adopted  hy  common  consent  hy 

the  Legation  of  France  and  the  Government  of  Morocco^  August  19. 

1863,  referred  to  in  Article  10. 

Protection  is  individual  and  temporary. 

It  consequently  does  not  in  general  apply  to  the  relatives  of  the 
person  protected. 

It  may  apply  to  his  family,  that  is  to  say,  to  his  wife  and  children 
living  under  the  same  roof.  It  lasts  at  the  longest  for  a person’s 
lifetime  and  is  never  hereditary,  with  the  single  exception  of  the 
Benchimol  family,  which  has  furnislied  for  several  generations  and 
still  furnishes  persons  who  act  in  the  capacity  of  Brokers  and  inter- 
preters for  the  post  at  Tangier. 

Protected  persons  are  divided  into  two  classes. 

The  first  class  comprises  natives  employed  by  the  Legation  and  by 
the  various  French  consular  officers. 

The  second  class  consists  of  native  factors,  brokers,  or  agents,  em- 
ployed by  French  merchants  for  their  business  affairs.  It  is  proper 
here  to  refer  to  the  fact  that  the  term  merchant  is  only  applied  to  a 
person  carrying  on  the  import  or  export  trade  on  a large  scale,  either 
in  his  own  name  or  as  the  agent  of  others. 

The  number  of  native  brokers  enjoying  French  protection  is  limited 
to  two  for  each  commercial  house. 

By  way  of  exception  commercial  firms  having  establishments  in 
different  ports  may  have  two  brokers  attached  to  each  of  these  estab- 
lishments, who  may  as  such  enjoy  French  protection. 

French  protection  is  not  extended  to  natives  employed  by  French 
citizens  in  agricultural  occupations. 

Nevertheless,  in  consideration  of  the  existing  state  of  things,  and 
by  agreement  with  the  authorities  of  Morocco,  the  benefit  of  the  pro- 


® Translated  from  the  French. 


MOROCCO — 1880. 


1227 


tection  which  has  hitherto  been  granted  to  the  persons  referred  to 
in  the  foregoing  paragraph  shall  be  extended  to  the  said  persons  for 
two  months  from  the  first  of  September  next. 

It  is,  moreover,  understood  that  agricultural  laborers,  herdsmen,  or 
other  native  peasants,  in  the  service  of  French  citizens  shall  not  be 
legally  prosecuted  without  immediate  information  thereof  being  com- 
municated to  the  competent  consular  officer,  in  order  that  the  latter 
may  protect  the  interests  of  his  countrymen. 

The  list  of  all  protected  persons  shall  be  delivered  by  the  proper 
consulate  to  the  competent  magistrate  of  the  place,  who  shall  like- 
wise be  informed  of  any  changes  that  may  subsequently  be  made  in 
the  said  list. 

Each  protected  person  shall  be  furnished  with  a card  in  French 
and  in  Arabic,  mentioning  his  name  and  stating  the  services  which 
secure  this  privilege  to  him. 

All  these  cards  shall  be  issued  by  the  Legation  of  France  at  Tan- 
gier. 

Tangier,  Aug.  19^  1863. 


See  agreements  with  Great  Britain  and  Germany  dated,  respec- 
tively, December  6,  1899,  and  September  28,  1901,  concerning  trade- 
mark in  Morocco. 

And  also  see  the  treaty  of  Algeciras. 

International  conventions,  page  2157. 


MUSCAT." 

1833. 

Treaty  of  Amity  and  Commerce. 

Concluded  Septeniber  21,  1833;  ratification  advised  hy  the  Senate 
June  23,  1831^;  ratified  hy  the  President ; ratifications  exchanged 
September  30, 1836;  proclaimed  June  21i.,  1837. 

This  treaty  was  accepted  by  the  Sultan  of  Zanzibar  after  the  sepa- 
ration of  that  State  from  Muscat,  and  its  Article  III  is  amended  by 
the  treaty  of  June  5,  1903,  between  the  United  States  and  Great 
Britain,  acting  in  the  name  of  the  Sultan  of  Zanzibar. 


Articles. 


I.  Peace. 

II.  Freedom  of  trade. 

III.  Duties  payable  by  American  ships. 

IV.  Duties,  licenses,  and  charges. 

V.  Shipwrecks. 

VI.  Exemption  from  tax  on  trade. 


VII.  Captures  by  pirates. 

VIII.  Shipping  charges  in  the  United 
States. 

IX.  Consular  powers  and  immunities. 
Ratification. 


Artici^e  I. 

There  shall  be  a perpetual  peace  between  the  United  States  of 
America  and  Seyed  Syeed  Bin,  Sultan,  and  his  dependencies. 

Article  II. 


The  citizens  of  the  United  States  shall  have  free  liberty  to  enter 
all  the  ports  of  His  Majesty  Seyed  Syeed  Bin,  Sultan,  with  their 
cargoes,  of  whatever  kind  the  said  cargoes  may  consist;  and  they 
shall  have  liberty  to  sell  the  same  to  any  of  the  subjects  of  the  Sultan, 
or  others  who  may  wish  to  buy  the  same,  or  to  barter  the  same  for 
any  jiroduce  or  manufactures  of  the  kingdom,  or  other  articles  that 
may  be  found  there.  No  price  shall  be  fixed  by  the  Sultan,  or  his 
officers,  on  the  articles  to  be  sold  by  the  merchants  of  the  United 
States  or  the  merchandise  they  may  wish  to  purchase ; but  the  trade 
shall  be  free  on  both  sides  to  sell  or  buy,  or  exchange,  on  the  terms 
and  for  the  prices  the  owners  may  think  fit;  and  whenever  the  said 
citizens  of  the  United  States  may  think  fit  to  depart,  they  shall  be  at 
liberty  so  to  do ; and  if  any  officer  of  the  Sultan  shall  contravene  this 
article,  he  shall  be  severely  punished.  It  is  understood  and  agreed, 
however,  that  the  articles  of  muskets,  powder,  and  ball  can  only  be 

® See  Zanzibar. 


1228 


MUSCAT — ^1833. 


1229 


sold  to  the  Government  in  the  island  of  Zanzibar;  but,  in  all  the 
other  ports  of  the  Sultan,  the  said  munitions  of  war  may  be  freely 
sold,  without  any  restrictions  whatever,  to  the  highest  bidder. 

Aeticle  III. 

Vessels  of  the  United  States  entering  any  port  within  the  Sultan’s 
dominions  shall  pay  no  more  than  five  per  cent,  duties  on  the  cargo 
landed;  and  this  shall  be  in  full  consideration  of  all  import  and 
export  duties,  tonnage,  license  to  trade,  pilotage,  anchorage,  or  any 
other  charge  whatever;  nor  shall  any  charge  be  paid  on  that  part  of 
the  cargo  wdiich  may  remain  on  board  unsold  and  re-exported;  nor 
shall  any  charge  whatever  be  paid  on  any  vessel  of  the  United  States 
which  may  enter  any  of  the  ports  of  His  Majesty  for  the  purpose  of 
refitting,  or  for  refreshments,  or  to  inquire  the  state  of  the  market. 

Akticue  IV. 

The  Ajnerican  citizen  shall  pay  no  other  duties  on  export  or  im- 
port, tonnage,  license  to  trade,  or  other  charge  whatsoever,  than  the 
nation  the  most  favoured  shall  pay. 

Ajiticle  V. 

If  any  vessel  of  the  United  States  shall  suffer  shipwreck  on  any 
part  of  the  Sultan’s  dominions,  the  persons  escaping  from  the  wreck 
shall  be  taken  care  of  and  hospitably  entertained,  at  the  expense  of 
the  Sultan,  until  they  shall  find  an  opportunity  to  be  returned  to  their 
country,  (for  the  Sultan  can  never  receive  any  remuneration  whatever  ' 
for  rendering  succour  to  the  distressed;)  and  the  property  saved  from 
such  wreck  shall  be  carefully  preserved  and  delivered  to  the  owner,  or 
the  Consul  of  the  United  States,  or  to  any  authorized  agent. 

Article  VI. 

The  citizens  of  the  United  States  resorting  to  the  ports  of  the  Sultan 
for  the  purpose  of  trade  shall  have  leave  to  land  and  reside  in  the  said 
ports  without  paying  any  tax  or  imposition  whatever  for  such  liberty 
other  than  the  general  duties  on  imports  which  the  most  favoured 
nation  shall  pay. 

! Article  VII. 

If  any  citizens  of  the  United  States,  or  their  vessels  or  other  prop- 
erty, shall  be  taken  by  pirates  and  brought  within  the  dominions  of 
the  Sultan,  the  persons  shall  be  set  at  liberty,  and  the  property  re- 
stored to  the  owner,  if  he  is  present,  or  to  the  American  Consul,  or  to 
any  authorized  agent. 

Article  VIII. 

Vessels  belonging  to  the  subjects  of  the  Sultan  which  may  resort  to 
any  port  in  the  United  States  shall  pay  no  other  or  higher  rate  of 
duties  or  other  charges  than  the  nation  the  most  favoured  shall  pay. 


1230 


TEEATIES,  CONVENTIONS,  ETC. 

Aeticle  IX. 


The  President  of  the  United  States  may  appoint  Consuls  to  reside 
in  the  ports  of  the  Sultan  where  the  principal  commerce  shall  be 
carried  on,  which  Consuls  shall  be  the  exclusive  judges  of  all  dis- 
putes or  suits  wherein  American  citizens  shall  be  engaged  with  each 
other.  They  shall  have  power  to  receive  the  property  of  any  Ameri- 
can citizen  dying  within  the  kingdom,  and  to  send  the  same  to  his 
heirs,  first  paying  all  his  debts  due  to  the  subjects  of  the  Sultan.  The 
said  Consuls  shall  not  be  arrested,  nor  shall  their  property  be  seized, 
nor  shall  any  of  their  household  be  arrested,  but  their  persons  and 
property  and  their  houses  shall  be  inviolate.  Should  any  Consul, 
however,  commit  any  offence  against  the  laws  of  the  kingdom,  com- 
plaint shall  be  made  to  the  President,  who  will  immediately  displace 
him. 

Concluded,  signed,  and  sealed  at  the  Royal  Palace,  in  the  city  of 
Muscat,  in  the  Kingdom  of  Aman,  the  twenty-first  day  of  September, 
in  the  year  one  thousand  eight  hundred  and  thirty-three  of  the  Chris- 
tian era,  and  the  fifty-seventh  year  of  the  Independence  of  the  United 
States  of  America,  corresponding  to  the  sixth  day  of  the  moon,  called 
lamada  Alawel,  in  the  year  of  the  Allhajra  (Hegira)  one  thousand 
two  hundred  and  forty-nine. 

[seal.]  Edmund  Roberts. 

Whereas  the  undersigned,  Edmund  Roberts,  a citizen  of  the  United 
States  of  America,  and  a resident  of  Portsmouth,  in  the  State  of  New 
Hampshire,  being  duly  appointed  a Special  Agent  by  letters-patent, 
under  the  signature  of  the  President  and  seal  of  the  United  States  of 
* America,  bearing  date,  at  the  city  of  Washington,  the  twenty-sixth 
day  of  January,  anno  Domini  one  thousand  eight  hundred  and  thirty- 
two,  for  negotiating  and  concluding  a treaty  of  amity  and  commerce 
between  the  United  States  of  America  and  His  Majesty  Seyed  Syeed 
Bin,  Sultan  of  Muscat : 

Now,  know  ye,  that  I,  Edmund  Roberts,  Special  Agent  as  aforesaid, 
do  conclude  the  foregoing  treaty  of  amity  and  commerce,  and  every 
article  and  clause  therein  contained,  reserving  the  same,  nevertheless, 
for  the  final  ratification  of  the  President  of  the  United  States  of 
America,  by  and  with  the  advice  and  consent  of  the  Senate  of  the 
United  States. 

Done  at  the  Royal  Palace,  in  the  city  of  Muscat,  in  the  Kingdom  of 
Aman,  on  the  twenty-first  day  of  September,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  thirty-three,  and  of  the  Independence 
of  the  United  States  of  America  the  fifty-seventh,  corresponding  to 
the  sixth  day  of  the  moon,  called  lamada  Alawel,  in  the  year  of 
Allhajra  (Hegira)  one  thousand  two  hundred  and  forty-nine. 

Edmund  Roberts. 


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